Item I06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 September 2004
Division:
Growth Management
Bulk Item: Yes -X- No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of an amendment to the contract between Monroe County and the South Florida Water Management
District (SFWMD) providing funds for three stormwater improvement projects.
ITEM BACKGROUND:
The grant contract between Monroe County and the SFWMD provides funds, matched by County gas tax
dollars, to implement stormwater improvements in three areas, Key West, Stock Island, and Big Pine Key. The
project originally called for four projects. However, a Key Largo road project completed last year ultimately
required minimal stormwater improvements. Thus, the attached contract amendment reflects a reduction of
projects and focusing remaining funds on the improvements currently under development for Key Deer
Boulevard on Big Pine Key. The Contract requires no additional commitment of County funds.
PREVIOUS RELEVANT BOCC ACTION:
May 2002 - contract approved
CONTRACT/AGREEMENT CHANGES:
Change to project scope of work, no additional funding commitment
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
$1.643.814
BUDGETED: Yes
x
No
COST TO COUNTY:
$800.000
REVENUE PRODUCING: Yes
SOURCE OF FUNDS:
Gas Tax revenue
No -X- AMOUNT Per Month
Year
DIVISION DIRECTOR APPROVAL:
Risk Management ~
APPROVED BY: County Atty -X-
DOCUMENTATION:
Included
)<
To Follow ~ Not Required
I-G,
DISPOSITION:
AGENDA ITEM NO.:
BC040950
8/25/2004 4:22 PM
09/02/2004 10:35 305-289-253G
PLANNING rE:PT
t"'AI.X.. tJ..:l
MONROE.COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: SFWMD Contract #_
Effective Date: 05102
Expiration Date: NA
Contract PurposelDescription:
Monroe Countv Stonnwater Implementation Proiect
Contract Manager: Garrett 2507 Marine Resources 111
(Name) (Ex1. ) (Department/Stop #)
for BOCC meetina: on 9/15104 Altenda Deadline: 8130104
CONTRACT COSTS
Estimated Ongoing Costs; SMA/yr
(Not included in dollar value above)
Current Year Portion: $
.~~~RD;l~'-\- _
\0)5 ~. 6f!..l1aiJFJ ._
..Qf:L-~4-- 6R~.YL-
~-~'X\- ~da~
ADOmONAL COSTS
For: NA
(e.. mainaenBnce, utilities janitorial. salaries, ccc-:\
Total Dollar Value of Contract: S 1,643.814
Budgeted? Yesl8J No 0 Account Codes:
Grant: S 800,000
County Match; S 843,814
CONTRACf REVIEW
cf..a. aJrt
Division Director ' ;:--l
Risk Management q ./-o~ YcsD No[J/
O.M.BJPurchasiDg 'lbP-f YeaO NO~/-dI-I <'1{J:f~@
County Attorney ~ YesD No0' ~J. )
Date Out
rp. If ()
Comments:
OMB FOfD1 Revised 2127101 McP ~
@)
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
C-12176-A01
AMENDMENT NO. 01
TO AGREEMENT NO. C- 12176
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
MONROE COUNTY, FLORIDA
This AMENDMENT NO. 01, entered into on , to
that AGREEMENT dated July 29, 2002, between "the Parties," the South Florida Water
Management District (DISTRICT), and Monroe County, Florida (COUNTY).
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
parties; and
WHEREAS, the parties wish to amend the AGREEMENT in order to amend the
Statement of Work, revise the Payment and Deliverable Schedule, and decrease the County's
total cost- share contribution;
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
I. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT.
2. The Statement of Work is hereby revised in accordance with Exhibit "CI", attached
hereto and made a part of this Amendment No. 01.
3. The DISTRICT anticipates a decrease in the total project cost to One Million Six
Hundred Forty- Three Thousand Eight Hundred Fourteen Dollars and No Cents
($1,643,814.00) of which the DISTRICT's not-to-exceed contribution remains at Eight
Hundred Thousand Dollars and No Cents ($800,000.00) with the balance of
matching funds and/or in-kind services to be contributed by the COUNTY in the amount
Amendment No. 01 to Agreement No. c- 12176 -- Page 1 of2
e
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
of Eight Hundred Forty-Three Thousand Eight Hundred Fourteen Dollars and No Cents
($843,814.00).
4. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit
liD 1 ", attached hereto and made a part of this AMENDMENT NO. 01.
5. All other terms and conditions of the AGREEMENT, as amended, remain unchanged.
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 01 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Frank Hayden, Procurement Director
s~~vm
By: ~~9t~
Date: ~~ ~tt
1 "
MONROE COUNTY, FLORIDA
<lI
By:
Title:
Amendment No. 01 to Agreement No. C-12176 -- Page 2 of2
EXHIBIT "Cl "
STATEMENT OF WORK
Monroe County Stormwater Improvements Project
1.0 INTRODUCTION
Monroe County completed its Stormwater Management Master Plan (SMMP) in
the spring of 2001 and the Board of County Commissioners adopted the SMMP in
June of that year. The SMMP provides specific recommendations for a number
of projects and other general recommendations as it relates to County road
right-of-ways. As a result, the Board of County Commissioners passed
Resolution No. 501-2001, requiring that all future work on County rights-of-way
include stormwater improvements where practical and feasible.
This Amendment modifies the location for the stormwater portion of one of the
four road improvement projects and modifies the reporting updates. The road
improvement, originally scheduled to occur in Key Largo, will take place at Key
Deer Boulevard on Big Pine Key. Also, the payment schedule has been modified;
however, the total cost to the District remains unchanged at $800,000. The
overall project cost is projected to be $1,643,814.
2.0 SCOPE OF WORK
The County will be completing a series of projects involving Key Deer Boulevard
on Big Pine Key
3.0 WORK BREAKDOWN STRUCTURE
Task I.
Palm Avenue, Key West
Project Deliverables
The COUNTY will provide quarterly updates on project progress. These updates
will include any physical reports and invoices provided to the COUNTY by its
subcontractors on the project.
Page 1 of4, Exhibit "Cl", Agreement C-12176-AOl
Task II.
Stock Island
Project Deliverables
The COUNlY will provide quarterly updates on project progress. These updates
will include any physical reports and invoices provided to the COUNTY by its
subcontractors on the project.
Project Cost.
The Project cost, upon certification by the County Engineer and DISTRICT that
the project is complete according to engineering plans, will be a lump sum
amount of $364,870.
Task III. Big Pine Key - Project Area 10.
Project Deliverables
The COUNTY will provide quarterly updates on project progress. These updates
will include any physical reports and invoices provided to the COUNlY by its
subcontractors on the project.
Project Cost
The Project cost, upon certification by the County Engineer and DISTRICT that
the project is complete according to engineering plans, will be a lump sum
amount of $60,000.
Task IV. Big Pine Kev - Kev Deer Boulevard
A. Site Improvements -
1. Site improvements will be made to the area within the rights-of-way
identified below. The COUNlY or its subcontractors will make site
improvements in accordance with standard engineering practices under
the direction of the County Engineer.
2. Site work will include construction of all new or repair of existing
stormwater drainage structures.
Page 2 of 4, Exhibit "Cl ", Agreement C-l2l76-AOl
B. Site Inspection
1. At times, agreeable to the DISTRICT and the COUN1Y (County
Engineer), site inspections of the project will be made prior to and at
project completion. The purpose of these inspections will be to allow
the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering plans,
will be a lump sum amount of $165,130.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the stormwater components. Said revisions
must be approved by the DISTRICT and be in general accord with the
purpose of the stormwater components of the project, to eliminate a
direct stormwater discharge to Outstanding Florida Waters.
Page 3 of 4, Exhibit "Ct", Agreement C-t2t76-AOt
4.0 LOCATION OF THE PROJECT
.+
o 0.4'5 09
-----.
Big Pine Key - Key Deer Boulevard
Project IV
Big Pine Key - Key De.. Blvd.
1
9(Htnw..' l.,.tt'>I.~, to D. eompjplfll3
alr.f,,)lhf.;} 5 f\"Il:l. "'119m (.fKP,O..r ~'J
.
...
-~. .,..,.
Legend
- Mojar ~""'"
- Big PinOt<ey
1.1
2.7
3L,..
Page 4 of 4, Exhibit "Cl", Agreement C-l2l76-AOl
Task
No.
I
II
III
IV
Total
EXHIBIT "Dn
PAYMENT AND DELIVERABLE SCHEDULE
Task Description
Deliverable
Project Cost
Due Date
Page 1 of I, Exhibit "Dl", Agreement C-12176-AOl
09/02/2004 11:53
305-289-2536
PLANNING DEPT
CILrK~
PAGE 04
URIWrw.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
SOUTH FLORIDA WATER MANAGEMENT
DISTRlcr (hereinafter nfD'rcd to as DISTRlCl') HEREBY
ENTI.RS INTO THIS AGItEEMENT WITH:
Name: MONROE COUNTY, FLORIDA
Tbls Dumber must .ppear on .U IIJ"oias and Cornsponderxe
C..12176
Address: S 100 College Road
MlWBE Goal; 0..
KeyWcst,FL 33040
. Project Manager: George Gl1ttlt
Telephone No: (305) 289-2507
Fax No: (305) 289- 2536 .
Hereinafter refeJ"Rd to u: COUNTY
PROJECT TITLE: MONROE COUNTY STORMWATER IMPROVEMENT PROJECTS
COST SHARING JNFORMA nON
Total Projett Cost: S 2.268,6'8.00
COUNTY Contribution: S 1.468,698.00
The following Exhlblts are attached hereto and made a part of this AGREEMENT:
Exhibit "AD - Not Applicable Emibit "H" - Not Applicable
Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable
Exhibit "C" - Statement ofWark Exhibit lor - Not Applicable
Exhibit no.. - Payment and Deliverable Schedule EMjbit "K" - Not Applicable
Exhibit"E" - Not Applicable Exhibit "L h - Not Applicable
Exhibit "F" - ~ot Applicable lhhibit "M" - Not Applicable
Exhibit "0" - Not A Jicable
TOTAL DISTRICT CONSJDERA TION: $800.000.00
Multl.Year Funding (If Applicable)
IIICIII Year;
c:aI Year:
Year I
.Subjed to DiltriCl GOYernlng Board ADDU" Budget ApprO'fal
M TTER ; 3
. District Project Maoa.er: Rhonda Haag
1'~lephone.No: (305) 853-3219
Fax No. (305) 853-3221
SUBMIT INVOICES .4~ NOTICES TO THE DISTRICT AT:
AGREEMENT TYPE; Not-to.Exceed
FIsaaJ Year: -
FlseaI Year:
Fiscal Year:
E TlVE 2002
District Contrad Administrator:
Patrick Ryan (561) 682-6757
Fax No.: 561) 682-6397 or (561 681-6215
SUBMIT NOTICES TO THE COUNTY AT:
MONROE COUNTY. FLORIDA
South Rorida Water Management DiSb1ct
.3301 Gun Club Road
West Palm Beach. Florida 33406
Attention: Procurement Division
5100 College Rom
Key West. PL :33040
Attention: George Garrett
IN WITNESS WHEREOF. the authorized representative hereby ex.ecutes thi5 AGRaMENT on this date. and acc.eplS all Terms and
Conditions under which it is i aI.
MONROE COUNTY I DA ,
Chl,f(tS "SCt""y
'C .
- e
Accepted By;
Dale:
nth::, "'.:.:;::r~::~:'.":.: :~::..,... (nOlO' / c.htJ.,;( mQ."
~ :.;':-':~'.Jt. ,.o:~::.:. ..~~. r... '." /
>.- ..'.-:::..., !.,'.:....' 0;-/" -O;;J
)..}:::...~?:t~~S~:':;\:~", : :::: :','
SFWMDrfR~~ APPRO\'
By: ~~
Dale: 0p:,2.-
09/02/2004 11:53
305-289-2536
PLANNING DEPT
PAGE 05
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT liB"
GENERAL TERMS AND CONDITIONS
e
e
.
e
ARTICLE 1 - STATEMENT OF WORK
1.1 The COUNTY shalt, to the satisfaction of the
DISTRICT, fully and ti~1y perfonn all work hems
described in the "Stalc:ment of Work," attached hereto
as EJl.hibit "C" and made a pan of this AGREEMENT.
1.2 As part of the services to be provided by the
COUNTY under this AGREEMENT, the COUNTY
shall substantiate. in whatever forwn reasonably
requested by the lllSTRICT, the methodolo8)'. lab
analytical c;xaminations. scientific theories. data,
reference materials. and TCl;eatch notes. The
COUNTY shaJJ also be required to substantiate any
and all work completed. including but not limited rot
WOTk completed by subconlractol'$, a$$istants,
models. concepts. analytiCal theories, computer
programs and concluSi011$ utilized as the basis for the
final ':"Ork product required by the .AGREEMENT.
This paTagraph shall survive the expiTation or
termination of this AGREEMENT.
1.3 The parties agree that time Is of the essence in
the performance of each and every obligation under
this AGREEMENT.
ARTICLE 2 . COMPENSATION!
CONSIDERATION
2.1 The total consideration for all work required
by the DISTRICT pUTS\.Iant to this AGREEMENT
shall ,not exceed the amount as indicated on Page 1 of
this AGREEMENT. Such amount includes all
expenses which the COUNTY may incur and
thCTCfore no additional cOll5ideration shall be
authorized.
2.2 Notwithstanding the foregoing, the amount
expeoded under this AGREEMENT shall be paid in
accordance with. and subject to the multi-year funding
allocations for each DISTRICf fiscal year indicated
on Page ,1 of th~ AGREEMENT. Funding for each
applicabletiscal year of ttUs AGREEMENT is SUbjECt
to DISTRICT Governing Board budgetary
~ppropriation. In the event the DISTRICT does not
approve fLlnding for any subsequent uscal year. this
AGREEMENT shall terminatE upon expenditure. of
the current funding, notwithstanding other provisions in
this AGREEMENT to the contrary. The DIST1UCT
will notify the COUNTY in writing after the adoption
of the final DISTRICT budget for each subsequent
fiscal year if funding is not approved for ihis
AGREEMENT.
2.3 The COUNTY nssumes sole respon$ibility for
an work which is performed pursuant to the Sta~nt
of Work. Exhibit "C". By pt'O\'iding funding
hereunder. the DISTRICT does not make any
warranty. suarant)'. Of any representation wbl1tsoever
regarding the correctness. accuracy, or reliability of any
of the work performed hereunder.
2.4 The COUNTY by executing this
,AGREEMENT, certifies to truth-In-negotiation.
specifically, that wage rates and other factual anitcOSI8
supporting the consideration. are accurate, complete.
and current at the time: of COt'tracting. TIle COUNTY
agree5 that the DISTRICT may adjust the
consideration for this AGJU!;EMENT to exclude any
significant sums by which the consideration was
increased due to inaccurate. incomplete, or nen-ctllJ'ent
wage rates and other factual unit costs. The
DISTRICT shall make any such adjUSlment within one
(I) year follewing the expiration or tennination of this
AGREEMENT.
ARTICLE 3 . INVOICING AND PAYMENT .
3.1 The COUNTY's invoices shall reference the
DISTRICT', Contract Number and shall be sent to the
DISTRICT's address specified on pqe 1 of this
AGREEMENT. The COUNTY sha.lI not submit
invoices to any other address at the D1STRIC1'.
3.2 The COUNTY shall submit the invoices on 8
completion of deliverable basis. pursuant' to the
SChedule outlined in the Payment and Deliverable
Schedule. attached heretO 1I5 Exhibit UpM and made a
part of this AGREEMENT. In the event the
:schedule docs not specify payment on a completion of
deliverable basis. all invoices shall be substantiated
by adequate supporting documentation to justify
hours expended and expenses incurred within the not-
la-exceed budget. inc1udins but not limited to. copies
of approved timesheets, payment vouchers. expense
reports. receipts and subcontractor invoices.
Page 1 of 8. Exhibit "BOO
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PAGE 06
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXmBIT "B"
GENERAL TERMS AND CONDITIONS
8
.
.
.
3.3 The DISTRICT shan pay the full amount of the
invoice within thirty (30) days following DISI'RJC1'
acceptaJx:t of services and/or deliverable(s) required
by this AGREEMENT. However, failure: by the
COUNTY to follow the foregoini instructions and
submit acceptable services and or d~liverables(s) may
result in an unavoidable delay of payment by the
DISTRICT.
3.4 UnJe$s otherwise stated heTein, the DISTRICT
shall not pay for any obligation or e:xpenditure made
by the COUNTY prior to the commencement date of
this AGREEMENT.
ARTICLE 4 - PROJECf MANAGEl\-lENI'1
NOTICE
4.1 The panies shall direct all technical matters
;uishlg in connection with the performance of this
AGREEMENT. other than invoices and notices, to the
attention of the respective Project Managers specified
on Page 1 of.the AGREEMENT for attempted
resolution or action. The Project Managers shall be
responsible for overall coordination and oversiKht
relating to the performance of this AGREEMENT.
The COUNTY shall direct all administrative matters,
incl\1dinl invoices and notices. to the attention of the
DISTRICT', Contract AdmjniStTatoJ specified on
Page I of the AGREEMENT.
All fonnal notices between the parties under this
AGREEMENT shall be in writing and shall be
deemed received if 5ent by certified mail. return receipl
requested, to the respective addresses specified on Page
1 of the AGREEMENT. The COUNTY shall also
provide a copy of all notices to the DISTRlCT'II
Project ManaF. All notices required by this
AGREEMENT shall be considered delivered tffJOll
rec:ejpt. Should either pany change iUl address. written
notice of such new address shall promptly be sent to the
other pany.
All correspondence to the DISTRICT under this
AGREEMENT Shall reference the DISTRICT's
Contract Number specified OD P~ge of the
ACREEMENT.
ARTICLE S - INSURANCE
5.1 The COUNTY assumes any and all risks of
personal injury, bodily injury and property damage
atuibutable to the negligent acts or ominions of the
COUNTY and the officers. employees. servants. and
agents thereof. The COUNTY warrants and
represents that it is self-funded for Worker's
compensation and liability insurance. covcrins at a
,minimum bodily injury. pcrsonal injury and property
dam3ge with pro~tion being .IIpplicable 10 the
COUNTY'. officers, employees. servanlS and a,cnts
while acting within the scope of their employment
during perfonnance under this AGREEMENT. The
COUNTY and the DISTRICT further agree that
. nothing contained herein shall be c:onstnlccl or
interpreted as (1) denying to either pany any remedy
or defense available to s\lCh pany under the laws of
,the State of Florida; (2) the consent of the Slate of
Florida or its agents and agencies to be sued; or (3) a
waiver ,of 5OveJl:i~n inununity of the State of Florida
beyond the waiver provided in Section 768.28.
Florida Statulcs.
5.2 In the event the COUNTY &UbcODlraCts
any part Or all of the work hereunder 10 any third
party. the COUNTY shall require each and every
subcontractor to identify the DISTRICT as an
additional insured On all insurance policies III
required by the COUNTY. Any c:ontract awarded by
the COUNTY for work under mis AGREEMENT
shall include a provision whereby the CO'UN'J'Y's
subcontrac~ agrees to defend. indemnify. and pay
on bebalf. $ave and hold the DISTRICT hannleq
from al1 damages' arising in connection with the
COUNTY'. subcontract.
ARTICLE 6 - TERMINATION/REMEDIES
6.1 If either pliny fails to fulfill its obligatiOl1$ under
this AGREEMENt in a limely aoo proper manner, the
other party shaH have the right to terminate this
AGREEMENT' by givin~ written notice of any
deficiency. The party in default shall mer. ha'Jl: tEn
(10) calendar days from receipt of notice to comet the
defICiency. If the defaulting pany fails to correct the
deficiency. within this time, the non-defaulting party
shall have tJu: option to tenninate this AGREEMENT
Page 2 of 8, Exhibit "B"
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PAGE 07
, soum FLORIDA WATER MANAGEMENT DISTRICT
, EXlDBIT "Bit
GENERAL TERMS AND CONDITIONS
"8
.
.
.
at the expiration of the len' (10) day time period.
Should the DISTRlCf elect to terminate for default in
accordance with this provision. the DlSTRlCT shall
be entitled to recover reprocuremcnt c:~ts, in addition
to all other n~medics undedaw anllIor ~uity.
6.2 The J>lSTRICT may tem\inate this
AGREEMENT with or without cause at any time for
convenience upon thirty (30) calendar days prior
written ~ticc to the COUNTY. The perfonnance of
work pnder this AGREEMENT may be terminated by
the DISTRICT in accordance with this clause in
whole. or from time to time in part. whenever the
DISTRICT shall determine that such rermination is in
the best interest. of thcDlSTRICT. Any such
tennination shall be effected by delivery to the
COUNTY of a Notice of Termmation specifying the
extent .to which perfonnance of work under the
A.GREEMENT is'temUuated, and the date upon which
such tennination becomes effective.
In the event of tem1ination for convenienCe, the,
DISTRICT shall compe~te the COUNTY for all
authori:tcd and accepted deUvc:rablcs completed
thropgh the date of termination in acc;ordance with
Exhibit "C". Statement of Work. The DISTRICT shall
be relieved of any and all future obligations hereunder,
including but not limited to lost profits and
consequential damages. under this AGREEMENT.
The DISTRICf Ollly withhold. all payments to the
COUNTY for such work until such time as the
DISTRICT determines the exact amount due to the
COUNTY.
6.3 If either party initiates legal action. including
appeals, to enforce this AGREEMENT.lbe prevailing
pany shall be entitled to recover a reasonable attorney's
fee, based \!pon the fair market value of the I5Crvjces
provided.
6.4 In the event a dispute arises which the project
managers. cannot resolve between themselves, the
partiea shall hav~ the option to submit to non-binding
mediation. The mediator Of mediators shall be
impartial. shall be selected by the parties, and the cost
of the mediation shall be bome equally by the parties.
The mediation process shall be confidential to the
extent permitted by law.
6.5 The DlSTRICf may order that aU or part of Ihe
work SlOp if circumstances dictate that this action is in
the DISTRICT's best interest. Such circumslMlCes
Ollly include, but are not ijmited to. unexpected
technical developments. direction given by the
DISTRICT's Govuning Board. a condition of
immediate danger 10 DISTRICT employees. or the
possibilit)' of damage to equipment or property. This
provision shall not shift JC:sponsibiJity for loss or
damage, including but not limited lO. lost profits or
'consequential datnaEcs sustained as a J'd!Jlt of luch
delay, from the COUNTY to the DISTRICT. If this
provision is invoked, the DISTRICT shan notify the
COUNTY in writing to stop work as of a certain date
and specify the rellSOl)$ for the action. which shall oot
be arbitrary or capricious. The COUNTY 5h~U then
'be obligated to suspend all work efforts as of the
effective date of the notice and until funber wrinen'
direction .from the DISTRICT is received. Upon
resumption of work. if deemed appropriate by' the
DISTRICT. the DISTRICT shll initiaus an
amendmenl .lO this AGREEMENT to refll':Ct ariy
changes to Exhibit he". statement of Work and/or the
p~jec:t schedule.
6.6 The DISTRICT anticipates a total project cost
as indicated on Pa!e I, with the balance of matchinx
funds and/or in-kind serv..ices 10 be obtained from the:
COUNTY in the amount as specified on Page 1 of this
AGREEMENT. In the event such COUNTY
matcbin~ funding and/or in~kind scr\'ic:es becomes
unavailable, that shall be good and sufficient cause for
the DISTRICT to tenn,inate the AGREEM~
pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTIONJ
OWNERSHIP
7.1 The COUNTY shall maintain records and the
DISTRICT shall bave inspection and audit rights as
follows:
A. Maintenance of Records: The C01.lNTY
shall maintain all financial and non-financial teeQrds
aod repOrts directly or indirectly related to' the
negotiation Or perfOfJtHlncf: of this AGREEMENT
. including supporting documentntion for any service
rates, expenses, research or rc:pOrts. Such records shall
Page 3 of 8, Exhibit "B.
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305-289-2536
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PLANNING DEPT
PAGE 08
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT rrB"
GENERAL TERMS AND CONDmONS
be maintained llnd made available for inspection for a
period of five years from completing performance and
receiving final payment under this AGREEMENT.
B. Examination of R~ords: The DISTRICT
or its designated agent shall have the right to examine
in accc;nrlance with generally accepted ~vernmental
. auditing standards aU records direcdy or. indirectly
related to this AGREEMENT. Such exami~tion may
be made only within five years from the dale of final
payment under tbi5 AGREEMENT and upon
reasonable ootice. time and place.
C. btendeQ ~vailabiJitv of Rccotds for LeBa!
DisDUleS: In the event that the DISTlllCT should
become involved in a legal dispute witb a third party
arising from pertormaDCe under this AGREEMENT.
the COUNTY shall extr:nd the period of mainlenance
for aU records relating to the AGREEMENT until the
final di$position of the legal dispute, and all such
records shall be made readily available to the
DISTRICT.
.
7.2 The DISTRICT shall retain exclusive title.
copyriRht and other proprietary rightS in all work items,
including but not limited to. all documents. technical
reports, re$earch notes. scientific data, computer
programs. including tbe SOurce and object code.
which are devc!oped, created Of otherwise originated
hereunder by the COUNTY, itS subcontractor(s),
assign(s), agent(s) and/or successor(s) as required by
the Exhibit "C". Statement of Work (the "Work"). In
consideration for the DlSTRlCT entering into tbis
AGREEMENT. and other good and valuable
COn5ideration the sufficiency and receipt in full of
which i$ hereby acknowledged by the COUNTY. the
COUNTY hereby assi~ns. transfers, sell5 llnd
otherwise grants to tbe DISTRICT any and all rights
it .now has or ma)' have in the Work (the "Grant").
- This Grant shall be self-operative upon e~ecution by
the parties hereto, however the COUNTY agrees to
execute' and deliver to the mS'J'RICT any further
assignments or other instruments necessary to
evidence the Grant, without the payment of any
additional consideration by the DISTRICT. The
COUNTY may not disclose. use. license or sell any
work developed. created, or otherwise oril!inated
hereunder to any third party whatsoever. This
e
para~aph shall survive the termination or e:ltpiration
of this AGREEMENT.
7.3 The COUNTY represents and warrants that
proprietary software. if any. to be provided to the
DtSTRICT by the COUNTY hereunder. 8$
specifically identified in Exhibit "C". Statement of
Work shall have been developed solely by or for the
COUNTY. or lawfully acquired under license from a
third parly, including the right 10 sublicense iUCh
software. The COUNTY shall include copyright or
proprietary legends in the software and on the label of
the medium used to transmi\ the software. The
COUNTY shall grant to the DISTRlf;I' 8 perpetual.
non-transferable. non-exclusive right to U$e the
identified software without an additiOf\ll1 Jee. The
. DISTRICT acknowledges that title to the software
identifaed in Exhibit "C. ..shall remain with the
Licensor.
7.4 Any equipment purcha$~ by tlx= COUNTY
With DISTRICT funding under this CONTRACT
sball be returned and title transferred from the
COUNTY to the DISTRICT immediately uJlQn
termination or ex.piration of \his AGREEMENT
upon the written request of the DISTRICT IQ less
than thirty (30) days prior to AGREEMENT
expiration Or tennination. Equipment is hereby
defined as any non-consumable items purchased by
the DISTRICf with a value equal to or greater tban
$500.00 and with a normal expected life of one (I)
year or more. The COUNTY will maintain any sucb
equipment in good working condition while in its
possession and will return the equipment to the
DISTRICT in good condition. Jess normal wear and
tear. The COUNTY will use its best efforts to
safeguard the equipmenl throughout the period of
performance of this AGREEMENT. However the
DIST1UCT will not bold the COUNTY liable for
loss or damage due to causes beyond the COUNTY'$
reasonable control. In the event of los5 or damage.
the COUNTY shall notify the DISTRiCT in writiJ1g
within five (5) working days of such occ~nce.
7.5 The DISTRICT has acquired the right to use
cenain software under license from third parnes. For
purposeS of this AGREEMENT. the DISTRICT
may permit the COUNTY aCCCS5 to certain third
Page 4 of 8. Exhibit "8.
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PAGE 09
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
.8
.
e
pany owned software on DISTRICT computer
systems. The COUNTY acknowledges the
proprir:tary natvrc of such softwa~e and agrees not to
reproduce, distribute or disclose such software to any
third party. Use of or access to such software shall be
restricted to designated DISTRICT owned systems
or equipmenr. . Removal of any copy of licensed
software 1S prohibited.
ARTICLE 8. STANDARDS OF
COMPLIANCE
8.1 The COUNTY, itS employees, subcontractors
or assi8J1&. shall. comply with all applicable federal,
state. and local laws and regulations relating to the
pertormance of t~is AGR.EEMENT. The DISTRICT
undenakes no duty to ensure such compliance, but will
attempt to advise: the COUNTY, upon request, B$ to
any such laws of which it has present knowledge.
fl.2 The COUNTY hereby assures that no person'
shall be discriminated against on the grounds of race,
color. creed, national origin, handicap, age. or sex. in
any activity under this AGREEMENT. The
COUNTY shall take aU measures oece$$lry to
effectuate these: assuranccs.
8.3 The laws of the State of Florida shall govern all
aspects of this AGREEMENT. In the event it is
neccs5lU}' for either pany to initiate legal action
regarding this AGREEMENT, venue shall be in the
Fifteenth Judicial Circuit for claims undcr state law and
in the Southern District of Aorida fOr any claims which
arc justiciable in federal court.
8.4 The COUNTY. by its execution of this
AGREEMENT. acknowledges and attests that neither
it, nor any of its suppliers. subc~mtractors. or
consultants who shall perform work which is intaJded
to benefit the J)]STRICT ill 21 CQnvieted vel\dor or, if
the COUNTY or any affiliate of the COUNTY has
been convicted of a public entity crime, a period longer
than 36 months hilS passed since that person was placed
on the convicled vendor list. Thr: COUNTY further
understands and accepts that this AGREEMENT shall
be either void by the DISTRICT 01' subject to
immediate termination by the DISTRICT, in the event
there is any misrepresenration or lack of compliancr:
with the mandates of Section 287.133. Florida StatUtes.
The DJSTRICf, in tbe cvent of such ter.mnation.
shllll not incur any liability to the COUNTY for ilny
worle or materials furnished.
8.5 The COUNTY shall be responsible and liable
for the payment of all of il$ fICA/Social Security and
other applicable taxes resulting from this
AGREEMENT-
8.6 The COUNTY wmanl$' that it ha$ not
employed or retained any person. other than a bona fide
employee working solely for the COUNTY, to IIOlicit
or secure this AGREEMENT. Funher the COUNTY
warrants that is has not paid or agreed to pay any
.person, other than a bona fide employee working solely
for thc COUNTY. any fee, commission. perceltage.
Sift, or other consideration conriIJgEnt upon or resulting
from the awarding Or makine of this AGREEMJtNT.
For breach of this provision. the DISTRICI' may
tl!:l:11linate this AGREEMENT without liability and, at
its discretion. deduct OJ otherwise recover the full
amount of :such fee, commission, percentage, gift, or
. other consideration.
8.7 The COUNTY shall allow public access to all
project documents and materials in accordance widt the
provisions of Chapter 119. f10rida Slat\ltes. Should the
COUNTY assert any exemption5 10 ~ requirements
of Chapter 119 and related Statutes; the burden of
establishin8 such ~xernption, by way of injunctive. or
other t'Clief as provided by law, shall be upon the
COUNTY. .
8.1.1 Purliuant to Sections 119.07(3)(0), and
240.241 Florida Statuto. data processing software
obtained by an agency under a lic:cnse
AGREEMENT which prohibits its disclosure and
which software is B' trade secret, as dcti-ncd in
Sections 812.081(c), Florida Statutes is exempt from
the disclosure provisions of the Public Records 11Iw.
HowEvr:r, the parties hereto agree that if a request is
made of the DISTRICT. pursuant to Chapter 119.
Florida Sta[Ulr:, for public disclosure of proprir:tary
property being licensed to the COUNTY (Licensee)
hereunder, the DISTRICT 6halt advise the
COUNTY (Licensee) of such request and, as
berween the DISTRICT and thr: COtJNTY
Page 5 of 8, Exhibit "B"
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PAGE 10
.8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXlDBIT I'B"
GENERAL TERMS AND CONJ)ITlONS
.
.
(Ucensee). it shall be the COUNTY's (Licensee's)
sole burden and responsibility to immediately seek
and obtain such injunctive or other relief from the
Courts and to irnroediately serve notice of the 6ame
upon the Licensor to protEct the Licensor's claimed
exemption under the Statute.
8.8 The COUNTY shall ntllKe reasonable efforts
to obtain DOY necessary federal. state, local. .and other
governmental approvals, 8$ well as all necessary
private authorizations and permits. prior to the
conunencemcnt of performance of this
A.GREEMENT. A delay in obtaining permits shall
not give rise to a claim by the COUNTY for
additional compensation. If the COUNTY is unable
to obtain all necessary permits in a timely manner,
either party may elect to terminate this
AGREEMENT. each part)' to bear its own costs.
notwiths~nding olba provisions of this
AGREEMENT to the contrary.
8.9 Pursuant to Section 216.347. F.S., the
COUNTY is prohibited from the e<tpenditwe of any
funds under this AGREEMENT to lobby the
1.egisl~ the judicial branch. or another state agency.
8.10 The DISTRJCT is a governmental entity
responsible for performing a public service and
thuefore has a legitimate interest in promoting the
goals and objectives of the agency. The: work under
this AGREEMENT involves a project consistent
with these goals and objectives. Consequently. the
DISTRICT is desirous of satisfactorily completing
and successfuIJy promot.ing this project with the
cooperation of its COUNTV. Therefore. a5 the
DISTRICT'S COUNTY for this project. the
COUNTY assures the DISTRICT that the
COUNTY, its employees, subcontractors Ilnd assigns
will refrain from acting adverse to the DISTRICT'S
legitimate interest in promoting the goals and
objectives of this project. The COUNTY agrees to
take all rc:lsonable measures necessary to effectuate
these aSsurances. In the event the COUNTY
determines it is unable to meet or promote the soals
and objectives of the project. it shall have the duty to
inunediately notify the D1S1'Rl~T. Upon sl..lch
notification the DISTRICT, in its discretion, may
terminate this AGREEMENT.
ARTICLE 9 - RELATIONSHIP BETWEEN
THE PARTIES
9.1 The COUNTY shall be considered an
independent contractor and "either party shall be
considered an employee or a~ent of the other party.
Nothinl in this AGREEMENT shall be interpreted to
establish any relationship Other t~ that of
independent contractor between the panics and their
.respective employees. agent5. 5ubconlnlctors. or
aS$igll$ during or after the perforlMlICe on this
AGREEMENT. Both panies arc free to e:lter into
contracts with other panies for similar services.
9.2 It is the intent and undet"$tanding of the Partieli
.that this AGREEMENT is solely for the benefit o(the
COUNTY and the PISTJUCT. No person or entity
other than the COUNTY or the DISTRICf shall have
any rights or privileges under this AGREEMENT in
any capacity whatsoever, either as third-pony
beneficiary or otherwise.
9.3 The COUNTY shall not assign, dele~-' or
otherwise transfer its rights and obligations a5 set fortb
in this AGREEMENT without the prior written
consent of the DISTRICT. Any attempted assisnment
in violation of this provision shall be void.
9.4 The COUNTY $hall not pledge the
DISTRICT's credit or make the DISTRICT a
guarantor of payment or surety fur any
AGREEMENT. debt, obligation. judgement, lien. or
any form of indebtedness.
9.5 The DISTRICT assumes no duty with re~ard 10
the supervision of lhc COUNTY and the COUNTY
shall remain solely responsible for compliance widJ all
safety requirements and for the safety pf all persons and
property at the site of AGREEMENT performance.
ARTICLE 10. MBE PARTICIPATION
10.1 The COUNTY hereby acknowledges that nO
MinOrity Business Etlterprises (MBE) participation
goal has been established for this AGREEMENT;
however. both parties agrcx: to provide the other
advance I1Qtice of competitive contracts that may
resuIl from this AGREEMENT along with timelincs
Page 6 of 8, Exhibit "B"'
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PAGE 11
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
,EXHIBIT liB"
GENERAL TERMS AND CONDITIONS
.8
'.'
e
for public notice and award of sucb contracts. In me
event subsequent competitive contract awards 00
result in M1WBE participation. liucb participation
shall be reported to the other part)'. Both me
COUNTY and the DISTRICT will ensure
compliance widt the provisions of their respective
program. laws. ordinances and policies and will
support the other's initiatives to the e1ttent allowed by
law.
ARTICLE 11 . YEAR 2000 COMPLIANCE
Article 11 is hereby deleted.
.t\RTICLE 12 . GENERAL PROVISIONS
12.1 Notwithstanding any proVIS10J15 of chis
AGREEMENT to me contrary, the parti~ s~1 not be
held liable for any failure or delay in the performance
of this AG~EMENT that arises from fires. floods,
strikes. embargoes. acts of the public enemy, unusually
severe weather, outbreak of WlIf, rESl1aint of
Govemuumt, riots. civil commotion. fo~e majeure. act
of God. or fIX lIny other cause of the same character
which is unavoidable through the exercise of due care,
and beyond the control of the parties. Failure to
perform shall be excused during the continuance of
such circumsta'0CC5. but thi5 AGREEMENT shall
otherwise remain in effect. This provision, shall 'not
apply if the nStarement' of Work" of Utis
AGREEMENT spCc::ifics that performance by
COUNTY is specifically required durina the
OCCUrrence of any of lhe events herein mentioned.
12.2 In the event any proVISIOns of tm,
AGREEMENT shall conflict. or appear to conflict,
the AGREEMENT. including all exhibits. anac:hments
'and all documents specifically incorporated by
reference, stlall be inlerpreted as a whole to resolve any
inconsistency.
12..3 Failures or waivers to insist On strid
performance of any covenant. condition. or provision
of this AGREEMENT by the parties. their successors
and assigns shall not be deemed a waiver of any of its
"ChIS 01' remedies. nor shllll it relieve the other party
from pcrfOrmlIl& any $ubsequent obliaations strictly in
accordance with the terms of thi$ AGREEMENT. 'No
waiver shall be effective unless in writins 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 continuin~ waiver unless
the writing states otherwise,
11.4 Should any term or provision of this
AGREEMENT be held. to any extent. invalid or
unenforceable. as against any person, cntity Qr
circumstance during the Iemt hereof. by force of any
statute. law. or Il1ling of any forum of competent
jurisdiction. such invaljdity shall (lot affcet any other
tam or provision of this AGREEMENT. 10 the IC:lLICnt
,that the A.GREEMENT shall fcmam operable.
enforceable, and in full force and effect to lhe extent
pcnnittcd by law.
12.5 This AGREEMENT may 'be a~ed only
with the wnttIC:n approval of the panies heme.
12.6 This AGREEMENT states the entire under-
standing and AGREEMENT between the paI1ies and
supersedes any and all written or oral represenlations.
stBtementli. negotiations, or conn-acts previouaJy
existing between the parties with respect to the subject
matter of this ~GREEMENT. The COUNTY
recognizes that any representations. statementi or
negotiations made by DISTRICl' staff' do not sufface
to legally bind tbe DlSTRJCT in a contrlldual
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 assisns. and successors in interest.
ARnCLE 13 - SAFETY REQUIREMENTS
13.1 Tbe COUNTY shall require appropriate
personal protective equipment in aU operations where
there is exposure to hal.ardOl.ls conditiON.
13.2 The COUNTY shall iD5truct employees
required to handle: or USe tolUc materials or other
harmful substances regarding their safe Modlin. ;and
use. includinl insl1uction ~n the potential hazards,
personal hyeiene and required person.l protective
Page 7 of 8. Elthibit "B.
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PAGE 12
.8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
.
.
measures. A Material Safel)' Dala Sheet (MSDS)
shall be provided by the COUNTY to the
DISTRICT on each chemical product LJSed.
13.3 The COUNTY ihaJl comply with the
standards and regulations set forth by the
Occupational Safety and HeaJth Administration
(OSHA), the Aorida Department of Labor Dnd
Employment Security and all other approprl~te
federal, state, local or DISTRICT safdy and health
standatds.
13.4 It is the COUNTY's sole duty to provide safe
and healthful working conditions to ili employees and
those of the DISTRICT on and about the si~ of
AGREEMENt performance:.
13.5 The COUNTY shall initiate and maintain an
accident prevention program .....hich shall include, but
shall not be limited to. establishing and supervislna
program! for the education and training of employees
in the recognition, Bvoidance. and prevention of
unsafe: conditions and acts.
13.6 The COUNTY shall erect and maintain, as
required by exislina conditiol15 and performance of
the AGREEMENT. reasonable, safeguards for safety
and protection. Including posting of danger signs and
other warnings. against huard$.
13.7 The COUNTY sbaJl, take reasonable
precautions for safety of, and shall provide reasonable
protection to prevent damage, injury. Dr loss to:
13.7.1 employees on the work and other
persons who may be affected thereby; including
pedestrians. visitors, or tr&'Ycling public;
13.7.2 the work, materials, and eqUipment to
be incorporated therein; wbether in storagc on or off
the site, under care. custody or control of the
COUNTY. or the COUNTY's subcontractoJ'$; and
13.7.3 other properti~ at the site or adjacent
thereto; such as trees, shrubs. lawns, .....alks. utilities.
pavement, roadways, StructUfes, building. vehicles,
and equipmenl not designated for removal, relocation
Dr replacement in the course of work.
13.8 The COUNTY shall provide first aid services
and medical care to its cmployees.
13.9 The COUNT\' shall develop and maintain an
effective fire protection and prevention pt"OCeChlreS
and good housekeeping practices on the work site
throughout the AGREEMENT.
13.10 Emergencies: In emergency affecting safet)' of
, persons Or property on or aboul the site Dr &$ a result
of the work; the COUNl'V shall act. timely and with
due diligence, to prevent threatened damage. injury.
or loss.
13.11 EIll'ironme/ltcd; When the COUNTY,
,COUNTY's stlbcontractor$. ot subcontractors, use
petroleum products. hawdous chemicals. or any
other chemicals used on .or about the site, the
COUNTY shall be responsible fOf handling these
chemical constituents in accordance with federal.
state and local regulatiol15 duriJ1B: the terms of the
AGREEMENT. For aCcidental discharges or
feleases onto me floor. air. 1P"0und. surface waters.
ground watErs. it shall be the COUNTY's sole
responsibility to respond immediately to clan the
site, at his expense. to the completc satisfaction of
federal, Stale, local regulatory agencies and to the
DlSTRI CT requirements.
13.12 The DISTRICT may order the CO'JNTY to
halt operations under the AG~EMENT, at the
COUNTY's expense. if a condition of immediate
danger to the public aml/O( DISTRICT employef:$.
equipment. Or p~y exist. This provi5ion D!! Iml
shift the responsibility or risk of loss for injuries or
damage sustained from the COUNTY to the
DIS'fRICf; and the COUN'n' shall' remain solely
responsible for compliance with 1111 federal, stale and
local safety requirements, proviSions of this section,
and safety of all persons and property on or about the
site.
Page 8 of 8. Exhibit "B"
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PAGE 13
e
.
e
EXmBIT .'C"
STATEMENT.oFWORK
Monroe County Stormwater Improvements Projects
1.0
INTRODUCTION
Monroe County (COUNTY) completed its Stonnwater Management Master Plan
(SMMP) in the spring of 2001 and the .Board of'County Commissioners adopted the
SMMP in June of that year.
The SMMP provides specific recommendations for a number of projects and other
general recommendations as it relates to COUNTY mad right-of-ways. & a result, the
Board of County Commissioners passed Resolution No. 501-2001, requiring that all
future work on COUNTY rights-of-way include stonnwater improvements where
practical and feasible.
This Scope of Work provides descriptive lan~ge and general engineering specificll,~~ons
for the stormwatcr portion of four (4) road improvement projects. one (1) in Key West.
two (2) in the lower Florida Keys, and one in Key Largo. Partial funding for this project
in the amount of $500.000.00 is being derived from Special Appropriation 1748 from the
State Legislature in Fiscal Year 2002 and in the amount of $200,000.00 under Special
appropriation 15910 for Fiscal Year 2001.
2.0
SCOPE OF WORK
The overall project shall entail making stonnwatcr improvements to four (4) project
areas. These project areas include one (1) street (Palm Avenue) in Key West, nineteen
(19) streets on Stock Island, seventeen (17) streets on Big Pine Key, and fourteen (14)
Streets in Key Largo.
2.1 The area of Palm Avenue, Key West shall be improved over the course of
a six (6) to eight (8) month project period. Improvements and area changes shall include
reconstruction of a pree:xisting stonnwater conveyance system. construction of a bike
path, minor realignment and resurfacing of existing road surfaces. and re-vegetation of
newly created drainage swales using native Florida Keys and other vegeiation.
2.2 The COUNTY is undenaking,a road resurfacing project on Stocle. I~~and.
With the resurfacing effon, new stormwater drainage and conveyance systems shall be
installed on each of nineteen (19) streets. The project area shall be provided within the
right-of-way for a bike path as well.
2.3 The COUNTY will be completing a road resurfacing project on Big Pine
Key. With the resurfacing effort. new stormwater drainage and conveyance systems shall
be installed on each of seventeen (17) ,streets.
2.4 The COUNTY will complete a series of projects involving founeen (14)
streets on the island Key Largo. Each has an identified stormwater retention problem.
E~hjbit "C.. to Agreement No. 12176 - P:lge 1 of 9
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PAGE 14
.
.
.
Only stormwater improvements are encompassed in this Statement of Work. The
COUNTY shall also install four (4) signs at each of the major project sites that recognize
the DISTRICT's panicipation in the project. Such signs shall be in accordance with the
minimum specifications of the COUNTY.
3.0 WORK BREAKDOWN STRUcrURE
The COUNTY shall, in addition to the Tasks 1- IV, also construct signage at each of the
project sites to recognize the DISTRICT as a sponsor of'the project. Plans of the signage
shall be provided to the DISTRICf in advance for approval.
Task L Palm A venue, Key West
A. Site Improvements
1. In accordance with COUNTY engineering' plans, as approved by the
DISTRICT, site improvements shall be made to the area within the Palm
Avenue right-at-way. The COUNTY or its subcontractors shall make site
improvements in accordance with standard engineering practices under the
direction of the COUNTY Engineer..
2. Site work shall include demolition and disposal of the existing stonnwater
conveyance system (concrete) and fe-grading of the area to accommodate the
construction of all new stonnwater drainage structures as provided in
COUNTY engineering plans.
3. COUNTY stonnwater drainage structural improvements shall include thirteen
(13) injection wells with structure, two (2) twenty foot (20') Ex-filtrc.lion
trenches, one (1) top slab and catch basin grate, and one (1) top slab and
manhole covcr.
B.
Stormwater Related Landscape hnprovements
1. Upon completion of the stollIlwatcr drainage system, the COUNTY shall
provide landscaping for the area.
2. COUNTY landscaping shall include St. Augustine grass sod to reduce runoff
rates, siltation, and dust along the drainage system swales. Other COUNTY
landscaping shall include (allowing for substitution), a variety of nativc and
other shrubs and trees as follows: .
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
2S ,450
4,400
2,450
1,250
180
61
64
141
112
Gulf Muhley Grass .
Indian Blanket
Yellow Top/CorepsislSilk Grass
Spider Lily and Golden Rod mix
Sea Oxeye Daisy
Sable Palm
J arnica Caper
Red Top Cocoplum
Mulch
Ex.hibit "C'. to Asreement No. 121'76 - Page 2 o.f 9
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PAGE 15
c.
Site Inspection .
e
1. At times agreeable to the DISTRICT and the COUNTY (COUNTY Engineer)
site ins~ctions of the project shall be made Prior to and at project completion.
The purpose of these inspections shall be to allow the DISTRICT to v~fy
that the project is proceeding in accordance with the COUNTY engineering
plans. .
D.
Project Deliverables
1. The COUNfY shall provide .monthly updates on project progress. These
updates .shall include pictures and any physical repons and invoices provided
to the COUNTY by its subcontractors on the proj~t and approved by the
COUNTY.
E. Project Cost
1. Upon certification by the COUNfY Engineer and DIS1RICT approval that
the project is complete and in accordance with COUNTY engineering plans
the DISTRICT'S project cost will ~e 50% of the actual costs not to exceed
$210,000.
F.
Project Revisions
.
1. Based on constraints that may come up during project completion, revisions
may be made to the stonnwater components, 88 identified above and in
accordance with COUNTY engineering plans. COUNTY revisions shall be
approved by the DISTRICT in writing in advance and be in accordance with
the purpoSe of the stormwater components of the project, to eliminate a direct
stonnwatcr discharge to Outstanding Florida Waters.
Task II.
Stock Island
A. In accordance with COUNfY engineering plans, as approved by the DISTRICT,
site improvements shall be made to the area within the rights-of-way identified
below. The. COUNTY or its subcontractors shall make site improvemen~s in
accordance with standard engineering practices under the direction of the
COUNTY Engineer:
.e
1. Road Rights-ot-Way
(a) Cross Street
(b) Miriam Street
(c) Roberta Street
(d) 2f1d Street
(e) 5th Street
(f) 2nd Temlce
(8) 2nd through 12th Avenues
(h) Peninsula,- A venue.
(j) Shrimp Road
Exhibit"C' to Agreement No. 12176 - Page 3 of 9
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2. Site work shall include rc-grading of the rights-of-way adjacent to all included
road surface areas to accommodate the construction of all new stormwatcr
drainage structures as provided in the COUNTY engineering plans.
. 3. Said stonnwater drainage structural improvements shall include three (3)
injection.wells with structure, three (3) catch basins, thirteen (13) PVC drain
basins and grates, ninety (90) PVC C900 pipe, 725 polyethylene corr pipe
lrcnch, and 9,020 sections of seepage trench.
B. Site Inspection
1. At times agreeable to the DISTRICf and the COUNfY (COUNTY Engineer)
site inspections of the project shall be made prior to and at project completion.
The purpose of these inspections shall be to allow the DlSTRICT to verify
that the project is proceeding in accordance with COUNTY engineering plans.
C. Project Deliverablcs
1. The COUNTY shall provide monthly updates on project progress. . These
updates shall include pictures and 8QY physical reports and invoices provided
to the COUNTY by its subcontractors on the project and approved by the
COUNTY.
D. Project Cost
. 1. Upon certification by the County Engineer and DISTRICT approval that the
project is complete and in accordance with COUNTY engineering plans the
DISTRICT'S project cost will be 50% of the actual costs not to exceed
$405,000.
E. Project Revisions
1. Based on constraints that may come up during project completion, revisions
may be made to the stormwalcr components, as identified above. COUNTY
revisions shall be approved by the DISTRICf in writing and in advance and
be in accordance with the purpose of the stonnwater components of the
project, to eliminate a direct stonnwater discharge to Outstanding Florida
Waters.
Task 111. Big Pine Key
A.
Site hnprovements-
1. In accordance with COUNTY engineering plans, as approved by the
DISTRICT, ~te improvements shall be made to the area within the rights-of- .
way specified below. The COUNTY or its subcontractors shall make site
improvements in accordance with standard engineering practices under the
direction of the COUNTY Engineer. .
.
(a) Road Rights-of-Way
. (1) l't Street
Exhibit "C.' to Agreement No. 12176 - Page 4 of 9
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PAGE 01/07
BOARD OF COUNTY COMMISSIONERS
MAYOR, Jack London, District 2
Mayor Pro Tern, Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Keith Douglass, District 4
Mary Kay Reich, District 5
09/02/2004 12:06
305-289-2536
PLANNING DEPT
PAGE 02/07
.
(2) 21U1 Street
(3) Father Tony Way
(4) 3rd Street
(5) 41b Street
(6) S1b Street
(7) A venues A through J
(8) County Road
(9)' Roosevelt
2. Site work by the COUNTY shall include re-grading of the rights-or-way
adjacent to all included road surface areas to accommodate the construction of
all new stonnwater drainage structures to be provided in the CO~'1'Y
engineering plans.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (COUNfY Engineer)
site inspections of the project shall be made prior to and' at projcct completion.
The purpose of these inspections shall be to allow the DISTRICT to verify
that the project is proceeding accordjng to the COUNTY engineering plans.
c.
Project Deliverables
.
1. The COUNTY shall provide monthly updates on project progress. These
updates shalJ include pictures and any physical reports and invoices' provided
to the COUNTY by its subcontractors on the project and approved by the
COUNTY.
D.
Project Cost
1. Upon certification by the COUNTY Engineer and DISTRICT approval that
the project is complete and in accordance with COUNTY engineering plans
the DISTRICT'S project cost will be 50% of the actual costs not to exceed
5110,000. '
E. Project Revisions
1. Based on constraints that may come up during project completion, revisions
may be made to the stonnwater components, as identified above. COUNTY
revisions shall be approved by the DISTRICT in writjng and in advance and'
be in accordance with the purpose of the stonnwater components of the
project, to eliminate a direct stonnwater discharge to Outstanding Florida
Waters.
Task IV. Key Largo
A.
Site hnprovements
1. In accordance with COUNTY engineering plans, as approved by the
DISTRICT, site improvements shall be made to the area within the rights-of-
way jdentified below. The COUNTY or its sub<:ontractors shall make site
.
Exhibit ."Ct. to Asreement No. 12176 - Pasc 5 of 9
09/02/2004 12:06
305-289-2536
PLANNING DEPT
PAGE 03/07
improvements in accordance with standard engineering practices under the
direction of the coUNTY Engineer. .
.
(a) Road Rights.of-Way
(1) Arctic Avenue.
(2) Cuba Road
(3) Harry Harris Drive
(4) Hispaniola Road
(5) . Indian Avenue
(6) West Indies Drive
(7) Ellis Drive
(8) Esther Street
(9) Susan Street
(10) Robert Street
(11) Pamela Street
(12) Caribbean Drive
(13) Laguna Avenue
(14) Ocean Bay Drive
2. Site work shall include constrocJion of all new or repair of exist~ng
stonnwater drainage structures as provided in COUNTY engineeri~g plans.
B.
Site Inspection
.
1. At times agreeable to the DISTRICf and the COUNTY (County Engineer)
site inspections of the project shaJl be made prior to and at project completion.
The purpose of these inspections shall be to allow the DISTRICT to verify
that the project is proceeding according to COUNTY engineering plans.
C.
Project Deliverables
1. The COUNI'Y shall provide monthly updates on project progress.' These
updates shan include pictures and any physical reports and invoices provided
to the COUNTY by its subcontractors on the project and approved by the
COUNTY.
D. Project Cost
1.' Upon certification by the COUNTY Engineer and DISTRICT approval that
the project is complete in accordance with COUNTY engineering plans ilie
DISTRICT'S project cost will be 50% of the actual costs not to exceed
$75,000.
E.
Project Revisions
.
1. Based on constraints that may come up during project completion. revjsions
shall be made to the sto~water components as identified above. COUNTY
revisions shall be approved by the DISTRICf in writing and in advance and
be in accordance with the purpose of the stounwater components of the
project, to eliminate a direct stonnwater discharge to Outstanding Florida
Waters.
Ell.hibit "C" to Agreement No. 12176 - Page 6 of 9
09/02/2004 12:06
305-289-2536
PLANNING DEPT
PAGE 04/07
.
.
.
4.0 LOCATION OF THE PROJECl'
The area encompassed in this Statement of Work (SOW) is Monroe County, Florida - the
Florida Keys. The overall SOW includes four (4) project locations; Key West - Palm
Avenue; Stock Island - nineteen (19) streets; Big Pine Key - seventeen (17) streets; and
Key Largo - fauneen (14) streets. The following graphics provide both general and
specific project location maps.
Florida Keys - General Locator
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Key West - Palm A venue
Exhibit 'oe" to Agreement No- 12176 - Pase 7 of 9
09/02/2004 12:06
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305-289-2536
PLANNING DEPT
PAGE 05/07
Stock Island - 19 Streets
South stac:k ISland
ProJect II . 19 strlllllS
Big Pine Key - 17 Streets
Sig Pine Key
Project 111-17 Stl'Mtl
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Exhibit "C,. to Agreement No. 12176 - Page 8 of 9
,09/02/2004 12:06
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305-289-2536
PLANNING DEPT
PAGE 06/07
Key Largo - 14 Streets
6
Key Larvo
PrQject tv - 14 streets
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09/02/2004 12:06
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 September 2004
Division:
Growth Management
Bulk Item: Yes -..X..... No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of an amendment to the contract between Monroe County and the South Florida Water Management
District (SFWMD) providing funds for three stormwater improvement projects.
ITEM BACKGROUND:
The grant contract between Monroe County and the SFWMD provides funds, matched by County gas tax
dollars, to implement stormwater improvements in three areas, Key West, Stock Island, and Big Pine Key. The
project originally called for four projects. However, a Key Largo road project completed last year ultimately
required minimal stormwater improvements. Thus, the attached contract amendment reflects a reduction of
projects and focusing remaining funds on the improvements currently under development for Key Deer
Boulevard on Big Pine Key. The Contract requires no additional commitment of County funds.
PREVIOUS RELEVANT BOCC ACTION:
May 2002 - contract approved
CONTRACT/AGREEMENT CHANGES:
Change to project scope of work, no additional funding commitment
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
$1.643.814
BUDGETED: Yes
x
No
COST TO COUNTY:
$800.000
SOURCE OF FUNDS:
Gas Tax revenue
REVENUE PRODUCING: Yes
No -X- AMOUNT Per Month
Year
DIVISION DIRECTOR APPROVAL:
Risk Management ~
APPROVED BY: County Atty -..X.....
DOCUMENTATION: Included
To Follow -L Not Required
DISPOSITION:
AGENDA ITEM NO.:
7Lo
BC040950
8/25/2004 4:22 PM
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION: GROWTH MANAGEMENT
DEPARTMENT: MARINE RESOURCES
SUBJECT: _Approval of an amendment to the contract
with the South Florida Water Management District
(SFWMD) to fund three storm water improvement
projects.
DATE ITEM WILL BE A V AILABLE:
09/07/04