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HomeMy WebLinkAboutReso 2003-532 RESOLUTION NO. 2003 - .53 ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AMENDMENT NO. 01 TO AGREEMENT NO. C-13161 BETWEEN THE CITY OF SUNNY ISLES BEACH AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT, ATTACHED HERETO AS EXHIBIT "A", TO RECEIVE SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) FOR THE GOLDEN SHORES DRAINAGE AND PAVING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT AND DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AMENDMENT TO AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is desirous of having the drainage problem and poor roadway conditions corrected in the Golden Shores area; and WHEREAS, the City adopted Resolution No. 2002-416 on February 5, 2002, awarding an agreement to Redland Company, Inc., for the Golden Shores Drainage and Paving Project; and WHEREAS, the South Florida Water Management District awarded the City $500,000.00 in March 2002, and has now awarded the City of Sunny Isles Beach $750,000.00 for the Golden Shores Drainage and Paving Project; and WHEREAS, the City wishes to enter into Amendment No. 01 to Agreement No. C- 13161, attached hereto as Exhibit "A", with the South Florida Water Management District, to receive a total amount of Seven Hundred Fifty Thousand Dollars ($750,000.00), for the Golden Shores Drainage Improvement and Paving Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Amendment No.1 to Agreement No. C-13161. Amendment No.1 to Agreement No. C-13161 between the City of Sunny Isles Beach and the South Florida Water Management District, to receive Seven Hundred Fifty Thousand Dollars ($750,000.00), attached hereto as Exhibit "A", for the Golden Shores Drainage Improvement and Paving Project, be and the same, is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said Amendment and do all things necessary to effectuate the terms of this Amendment to Agreement. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of March, 2003. 1 R2003- South Fla, Water Mgmt Agmt ATTEST: "'" ., , ..~,,~'.'~,.'. .....ft' '. ~. "f., ..... , , ~ J~~ A. !jines, Act~hg City Clerk Approved As to Form and Legal Sufficiency: ~Q--L Lynn M. Dannheisser, City Attorney Vote: S-o Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman R2003- South F1a, Water Mgmt Agmt Moved by: Seconded by: V"(Yes) ---v (Yes) ---:7"(y es) V (Yes) V(Yes) Co~~ GOODrt\;tW V\Q r1\~ov E'~~L(JA~ \ _(No) _(No) _(No) _(No) _(No) 2 MAR-11-2003 09:07 S.FLA WATER MGMNT -_._~- 305 377 7293 P.02/04 ~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT fI;/I AMENDMENT AMENDMENT NO. 01 C-13161-AOl TO AGREEMENT NO. C. 13161 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF SUNNY ISLES This AMENDMENT NO. 01, entered into on , to that AGREEMENT dated March 27, 2002 between lithe Parties," the South Florida Water Management District (DISTRICT), and City of Sunny Isles (CITY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT. at it~ April 10. 2003 meeting. approved entering into this AMENDMENT NO. 01 with the CITY; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance and increase funding of the AGREEMENT; NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The expiration date of the AGREEMENT is hereby extended by One (1) Year, extending the AGREEMENT term to March 26, 2004. Regardless of the actual date of execution, this Al\fENDMENT NO. 01 shall be effective as of March 27. 2003. 2. The monetary consideration for the AGREEMENT is hereby increased by an amounr not-to-exceed Seven Hundred Fifty Thousand Dollars and No Cents ($750,000.00), for a total revised AGREEMENT amount not-to-exceed One Million Two Hundred Fifty Thousand Dollars and No Cents ($1.250,000.00). Amendment No. 01 to Agreement No. c- 13161 - Pnge 1 au MAR-11-2003 09:07 S.FLA WATER MGMNT 305 377 7293 P.03/04 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 3. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "01 ". attached hereto and made a pan of this AMENDMENT NO. 01. 4. The Project Manager for the DISTRICT is amended to be Elizabeth Abbott. located at Miami-Dade Regional Service Center, 172-AWest Flagler Street" Miami. FL 33130. telephone number (305) 377-7274 ext. 7290. 5. AU other tenns 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 ITS GOVERNlNGBOARD By: Frank Hayden, Procurement Director SFWMD PROCURl>Ml>NT APPROVED By: Date: SFWMD COUNSEL ApPROVBD By: Date: CITY OF SUNNY ISLES By: Title: Amendmenl No, 01 to Asreemenl No. C. 13161 -- Pllse 2 of2 MAR-11-2003 09:07 S.FLA WATER MGMNT -- ~_._----------- - - 305 377 7293 P.04/04 EXHffirr "D 1" PAYMENT AND DELIVERABLES SCHEDULE Total payment by the DISTRICT shall not exceed the amount of $750,000.00. 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 3.2 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 in accordance with Exhibit I'e" Statement of Work requirements. The CITY is responsible for reviewing and approving deliverables from the consultant to ensure that project objectives are met. The CITY is also responsible for project management. budget management and quality control with the consultant. Phase Deliverable Due Date* DISTRICT** Not-to Exceed Payment Phase IV: Supporting Documentation and 3 months $750,000.00 Construction and Progress Reports. Engineer's Project Construction Final Acceptance Management Certification (F AC) Not-to Exceed Total Payment $750.000,00** * 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. In no event shall the DISTRICT's total obligation exceed $750,000,00 as specified above. The CITY is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Exhibit "01", Payment and Deliverable! Schedule, C-13161-AOl TOTAL P.04