Res. No. 042-06-12183RESOLUTIONNO. 42-06-12183
WHEREAS, the Mayor and City Commission wishes to accept grant from South Florida Water
Management District (SFWMD); and
WHEREAS, the agreement is intended to award the city $475,000 grant to provide drainage
improvements citywide.
I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. That the Mayor and City Commission authorize the City Manager to execute a
$475,000 grants agreement with South Florida Water Management District.
Section 2. The attached agreement is made a part of the resolution.
PASSED AND ADOPTED this day of —0A4"J '2006.
�T ST:
CL—
CITY CLERK
COMMISSION VOTE:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
South t\Mami
Lklllva�
All-arms dcaCfly
V V
CITY OF SOUTH MIAMI
1927 s OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, Acting City Manager
From: W. Ajibola Balogun, REM, CFEA, DirectorT4
Public Works & Engineering Department
Date: April 18, 2006 Agenda Item No.:
Subject: Authorizing the City Manager to execute grant agreement with South
Florida Water Management District for $475,000
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
A GRANT AGREEMENT OF $475,000 WITH SOUTH FLORIDA WATER
MANAGEMENT DISTRICT FOR WATER DISTRIBUTION SYSTEM
IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE
Request: Authorizing the City Manager to execute $475,000 grant agreement with
South Florida Water Management District.
Reason/Need: To provide drainage improvements Citywide.
Cost: $325,000.00
Funding Source: Grant will be matched by Storm Water Drain Trust Fund, People
Transportation Tax Fund, Local Option Gas Tax Trust Fund & other
grants
Backup Documentation:
E3 Proposed Resolution
El Grant Agreement with South Florida Water Management District
III, 0401M IN
THIS AGREEMENT is entered into as of the APR 2 6 2006 1 by and between the South Florida
Water Management District (DISTRICT) and the City of South Miami (CITY).
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida
Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include
entering into contracts with public agencies, private corporations or other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the CITY to provide Citywide
Stormwater Drainage System Improvements; and
WHEREAS, the CITY warrants and represents that it has no obligation or indebtedness that would impair
its ability to fulfill the terms and conditions of this AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT at its April 12, 2006 meeting, approved entering into
this AGREEMENT with the CITY;
NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set forth in Exhibit
"A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their
respective authorities for improvements alm 62 °d Terrace, 76`b Terrace
(Phase 1); and along 84d' Street, 85�' Street, 58 Avenue, and 59�' Avenue (Phase 2). 63' Street, 63rd Terrace, and
2. The period of performance of this AGREEMENT shall commence on the date of execution of this
AGREEMENT and shall continue for a period of Six (6) Months.
3. The total DISTRICT contribution shall not exceed the amount of Four Hundred Seventy -Five Thousand
Dollars and No Cents ($475,000.00). The DISTRICT will provide the full amount based on the Payment
and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this
AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual
expenditures within the not -to- exceed AGREEMENT funding limitation of $475,000.00. In no event
Agreement No. OT060205 - Page I of 5
shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total
consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each
applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation.
In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT
shall terminate upon expenditure of the current funding, notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will notify the CITY in writing after the adoption of the
final DISTRICT budget for each subsequent fiscal year if funding is not approved for this
AGREEMENT.
4. The CITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all
expenditures incurred hereunder throughout the term of this AGREEMENT. The CITY shall report and
document the amount of funds expended per month during the quarterly reporting period and the
AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding
limitation.
5. The CITY shall cost share in the total amount of (N/A) in conformity with the laws and regulations
governing the CITY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which
is attached hereto and made a part of this AGREEMENT. The CITY shall submit quarterly progress
reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under
the direction of the CITY but shall be open to periodic review and inspection by either party. No work set
forth in Exhibit "A" shall be performed beyond the expiration date of the AGREEMENT, unless
authorized through execution of an amendment to cover succeeding periods.
7. The CITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a
competitive process required by Florida Statutes. The CITY shall not subcontract, assign or transfer any
other work under this AGREEMENT without the prior written consent of the DISTRICT's Project
Manager. The CITY agrees to be responsible for the fulfillment of all work elements included in any
subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is
understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any
expenses or liabilities incurred under the subcontract(s).
8. Both the DISTRICT and the CITY shall have joint ownership rights to all work items, including but not
limited to, all documents, technical reports, research notes, scientific data, computer programs, including
the source and object code, which are developed, created or otherwise originated hereunder by the other
party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement
of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the
unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional
cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased
by the CITY under this AGREEMENT shall be deemed to be the property of the CITY upon completion
of this AGREEMENT. The CITY shall retain all ownership to tangible property.
The CITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and
property damage attributable to negligent acts or omissions of the CITY and the officers, employees,
servants and agents thereof. The CITY represents that it is self- funded for Worker's Compensation and
liability insurance, covering bodily injury, personal injury and property damage, with such protection being
applicable to the CITY, its officers and employees while acting within the scope of their employment
during performance of under this AGREEMENT. In the event that the CITY subcontracts any part or all
of the work hereunder to any third party, the CITY shall require each and every subcontractor to identify
the DISTRICT as an additional insured on all insurance policies as required by the CITY. Any contract
awarded by the CITY shall include a provision whereby the CITY's subcontractor agrees to indemnify,
pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the CITY's
subcontract.
Agreement No. OT060205 - Page 2 of 5
10. The CITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted
as (1) denying to either party any remedy or defense available to such party under the laws of the State of
Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of
sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other
parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of
independent entities, between the DISTRICT, the CITY, their employees, agents, subcontractors or
assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT
without the prior written consent of the other parties. Any attempted assignment in violation of this
provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color,
creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise
subjected to discrimination in any activity under this AGREEMENT.
13. The CITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and
local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes
no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws
of which it has present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days .
prior written notice to the other party. In the event of termination, all funds not expended by the CITY for
authorized work performed through the termination date shall be returned to the DISTRICT within sixty
(60) days of termination.
15. The CITY shall allow public access to all project documents and materials in accordance with the provisions of
Chapter 119, Florida Statutes. Should the CITY assert any exemptions to the requirements of Chapter 119 and
related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by
law, shall be upon the CITY.
16. The CITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The CITY
shall similarly require each subcontractor to maintain and allow access to such records for audit purposes:
A. Maintenance of Records: The CITY shall maintain all financial and non - financial records and reports
directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting
documentation for any service rates, expenses, research or reports. Such records shall be maintained and
made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in
accordance with generally accepted governmental auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may be made only within five (5) years from the
expiration date of this AGREEMENT.
C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become
involved in a legal dispute with a third party arising from performance under this AGREEMENT, the
CITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final
disposition of the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the CITY shall, in
addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly
require each subcontractor to maintain and allow access to such records in compliance with the
requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows:
Agreement No. OT060205 - Page 3 of 5
A. Maintenance of Records: The DISTRICT shall provide the necessary information to the CITY as set
forth in Exhibit "C ". The CITY shall maintain all financial /non - financial records through:
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or
the Catalog of Federal Financial Assistance (CFDA), as applicable
(3) Audit and accountability requirements for state projects as stated in the Single Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules
of the Auditor General and the State Projects Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's
Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right
to examine the CITY's financial and non- financial records to the extent necessary to monitor the CITY's
use of state or federal financial assistance and to determine whether timely and appropriate corrective
actions have been taken with respect to audit findings and recommendations which may include onsite
visits and limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the
attention of the following individuals:
South Florida Water Management District
Attn: Evan Skornick, REM, Project Manager
Telephone No. (305) 377 -7274 ext. 7260
Attn: Rupert Giroux, Contract Specialist
Telephone No. (561) 682 -2532
Address:
P.O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416 -4680
Name of Local Governmental CITY
Call ®� mt'orn;
Attn: Ajibola Balogun, REM, CFEA,
Telephone No. (305) 663 -6350
Address:
6130 Sunset Drive
South Miami, FL 33143
19. CITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice
to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by
an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be
binding upon the parties, their respective assigns, and successors in interest.
20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties.
The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required.
21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida.
Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority,
nor does this AGREEMENT alter the legal rights and remedies which the respective parties would
otherwise have, under law or at equity.
22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as
against any person, CITY or circumstance during the term hereof, by force of any statute, law, or ruling of any
forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this
AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and
effect to the extent permitted by law.
23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this
AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve
Agreement No. OT060205 - Page 4 of 5
the other party from performing any subsequent obligations strictly in accordance with the terms of this
AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom
enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly
to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue
through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the
parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute.
25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and
all written or oral representations, statements, negotiations, or agreements previously existing between the
parties with respect to the subject matter of Ibis AGREEMENT.
26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order:
(a) Terms and Conditions outlined in preceding paragraphs 1— 24
(b) Exhibit "A" Statement of Work
(c) all other exhibits, attachments and documents specifically incorporated herein by reference
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT
on the date first written above.
SFWMD PROCUREMENT APPROVED
A, r�
Date:
�33d
BOARD BY ITS GOVERNING
By:
Carrie Hill, Interim Procurement Director
CITY OF SOUTH MIAMI
Lo
Titl
Agreement No. OT060205 -Page 5 of 5
EXHIBIT "A"
STATEMENT OF WORK
CITY OF SOUTH MIAMI
CITYWIDE STORMWATER DRAINAGE SYSTEM IMPROVEMENTS
1111FIMM10
The City of South Miami (City) Project is partially funded by Fiscal Year 2006 and 2007 Ad Valorem funds
collected by the South Florida Water Management District. These funds are administered through the
District and dispersed and managed at the local level.
The City is located within the southeastern portion of Miami-Dade County and is roughly bounded by Bird
Road (SW 40'h Street) to the north, Kendall Drive (SW 88th Street) to the south, SW 69th Avenue to the west
and Red Road (SW 57th Avenue) to the east.
The City's existing drainage system consists primarily of roadside inlets connected to outfalls located
throughout the City. The majority of the system was constructed several years ago, and in some cases, the
outfall structures are no longer discharging, or are undersized for the volume they are expected to handle.
The non-upgraded portions of the system provide poor levels of flood protection and provide virtually no
treatment of storm runoff. This undesirable scenario potentially lends itself to short and long term flooding
conditions within the City. These deficient conditions, added to the characteristics of a flood high risk area
due to the proximity of the City to Biscayne Bay, justify the need for an upgraded system. The City has
recognized this fact and has developed a plan for proceeding with proposed upgrades to the system,
including this project. Additionally, the City is a participating member of the Miami-Dade County Local
Mitigation Strategy.
The objective of the Project is to improve stormwater drainage in the City by providing an upgraded
drainage and treatment system for the geographic areas described in Section 3.0. The Project will provide
for improved flood protection while maximizing water quality treatment of storm runoff prior to discharge
through typical treatment methods and best cost effective available technologies to meet the requirements of
the National Pollutant Discharge Elimination System (NPDES) permitting program. All improvements to
be undertaken as part of this Project are described in Section 3.0 of this Statement of Work.
The City will retain a consultant to provide the professional services needed to complete the stormwater
drainage system improvements. The steps to be taken in the planning, design and construction, as
applicable per project, are set forth below. However, responsibility for carrying out all tasks under this
Scope of Work shall reside with the City. The City shall be responsible for the satisfactory completion of
all work under this Statement of Work. This Statement of Work will focus on activities within two separate
phases whose geographic locations are set forth as follows:
Page 1, Exhibit "A", Statement of Work, OT060205
Phase l: Improvements will take place along the following main roadways:
• SW 62nd Terrace (from SW 62nd Avenue to SW 60th Avenue)
• SW 63rd Street (from 62nd Avenue to SW 60th Avenue)
• SW 63rd Terrace (from SW 62nd Avenue to SW 60th Avenue)
• SW 76th Terrace (from SW 58th Avenue to Cul -de -sac east)
Phase 2: Improvements will take place along the following main roadways:
• SW 84th Street (from SW 57th Avenue to SW 62nd Avenue)
• SW 85th Street (from 57th Avenue to SW 60th Avenue)
• SW 58th Avenue (from SW 84th Street to SW 85th Street)
• SW 59th Avenue (from SW 84th Street to SW 85th Street)
For each Phase listed above, the following tasks shall be undertaken:
Task 1: Preconstruction Activities
Task 2: Construction Activities
The Project will meet the regulatory requirements of all government agencies with permitting jurisdiction.
4.0 WORK BREAKDOWN STRUCTURE
At the end of each task, the City shall deliver one (1) hardcopy and one (1) digital copy of the task
deliverables to the District. The District shall distribute the copies to the Florida Department of
Environmental Protection for its information and use and shall hold a copy for the use of the Local
Mitigation Strategy (LMS) Steering Committee. The City shall also provide a summary of the project
including estimated cost to the District upon completion of Task 2.
The City is responsible for project management, budget management and quality control. The City is
responsible for reviewing and approving deliverables from the consultant to ensure that the project
objectives are met.
Phase 1:
This portion of the project shall take place within the geographic area as defined in Section 3.0, and shall
include or exclude streets or neighborhood sections as noted:
Task 1: Preconstruction Activities
• Data Inventory (Onsite & Record search)
• Preliminary Layout/Design
• Survey
• System Design/Preparation of Design Specifications
• Design Plans Permitting
Task 2: Construction Activities
• Construction Plans Bid
• Construction Plans Permit
• Construction Activities & Close -out
Page 2, Exhibit "A ", Statement of Work, OT060205
Deliverables: Summary Report including submittal of 100% Design Plans, Monthly Construction Progress
Reports and As-Built engineering plans.
Phase 2:
This portion of the project shall take place within the geographic area as defined in Section 3.0, and shall
include or exclude streets or neighborhood sections as noted:
Task 1: Preconstruction Activities
• Data Inventory (Onsite & Record search)
• Preliminary Layout/Design
• Survey
• System Design/Preparation of Design Specifications
• Design Plans Permitting
Task 2: Construction Activities
• Construction Plans Bid
• Construction Plans Permit
• Construction Activities & Close-out
Deliverables: Summary Report including submittal of 100% Design Plans, Monthly Construction
Progress Reports and As-Built engineering plans.
Page 3, Exhibit "A", Statement of Work, OT060205
EXHIBIT "B"
PAYMENT AND DELIVERABLES SCHEDULE
Total payment by the District to the City shall not exceed the amount of $475,000.00. All invoices shall
be accompanied by adequate documentation to support actual expenditures incurred by the City within
the not-to-exceed amounts specified below in accordance with Article 3 of the Agreement. Payment by
the District is further subject to receipt of quarterly progress reports and financial statements from the
City with documentation to demonstrate completion of each project task in accordance with Exhibit "A"
Statement of Work requirements. The City is responsible for reviewing and approving deliverables to
ensure that project objectives are met. The City is also responsible for project management, budget
management and quality control.
* All dates are referenced from the date of contract execution.
** The District shall only be obligated to pay for documented actual expenditures within the not-to-
exceed amounts specified above. In the event actual expenditures by the City are less than the not-to-
exceed for a particular task, the City shall have the right to apply the unexpended balance towards a
subsequent task. The City shall provide written notice of its decision to exercise this right at the time of
invoicing. In no event shall the District's total obligation exceed $475,000.00 as specified above. The
total cost of this project is estimated to be $800,000. The total project cost includes City's project
management/administrative fees.
Page 1, Exhibit "B", Payment and Deliverable Schedule, OT060205
DISTRICT"
Phase --Task
Deliverable
Due Date*
Not-to-Exceed
—Payment
Task I -
Summary Report
Preconstruction
including submittal of
1 Month
$40,000
Activities
100% Design Plans.
Phase
1
—
Task 2 — Construction
Monthly Construction
No later than 6
Activities
Progress Reports; As-
Months
$210,000
Built engineering plans
Task 1 -
Summary Report
Preconstruction
including submittal of
1 Month
$25,000
Activities
100% Design Plans.
Phase 2
Task 2 — Construction
Monthly Construction
No later than 6
Activities
Progress Reports; As-
Months
$200,000
-J
Built engineering plans
Not-to-Exceed Total Payment $475,000
* All dates are referenced from the date of contract execution.
** The District shall only be obligated to pay for documented actual expenditures within the not-to-
exceed amounts specified above. In the event actual expenditures by the City are less than the not-to-
exceed for a particular task, the City shall have the right to apply the unexpended balance towards a
subsequent task. The City shall provide written notice of its decision to exercise this right at the time of
invoicing. In no event shall the District's total obligation exceed $475,000.00 as specified above. The
total cost of this project is estimated to be $800,000. The total project cost includes City's project
management/administrative fees.
Page 1, Exhibit "B", Payment and Deliverable Schedule, OT060205
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