HomeMy WebLinkAboutR-90-034911
J-90-319
5/10/90
RESOLUTION NO.
90- 349
A RESOLUTION, WITH ATTACHMENTS, APPROVING A
COST SHARING AGREEMENT BETWEEN THE CITY OF
MIAMI AND THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT FOR RETROFITTING STORMWATER BASIN 31
LOCATED WITHIN THE DOWNTOWN AND OVERTOWN
AREAS OF THE CITY; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF
THE CITY WITH FUNDS THEREFOR BEING ALLOCATED
FOR THE CITY'S SHARE FROM STORMWATER UTILITY
TRUST FUNDS.
WHEREAS, the Florida Legislature has allocated funds for
retrofitting stormwater basins to improve surface water quality
throughout the State; and
WHEREAS, the South Florida Water Management District,
hereinafter referred to as the District, has been empowered
pursuant to Section 373.083 Florida Statutes to enter into cost
sharing agreements with municipalities for water quality
improvements; and
WHEREAS, a cost sharing agreement has been successfully
- negotiated to the satisfaction of both the City and the District
for retrofiiting stormwater management facilities in Basin 31
located within the Downtown and Overtown areas; and
WHEREAS, funds are available for the City's share of the
— — cost of said retrofitting from Stormwater Utility Trust Funds;
and
WHEREAS, it is now appropriate for the City Commission to
consider the authorization of the City Manager to execute said
agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE. CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
-- Section.
Section 2.
The City Cornmi-ssi-on
herRby approves
the
negotiated cost
sharing agreement between
the City of Miami
and
the District
for retrofitting Basin 31
located within
the
Downtown and Overtown areas of the City.
Section 3. The City Manager is hereby authorized to
execute said agreement, 11 in substantially the attached form
between
the City of
Miami,
and the
South Florida
Water Management
District
with funds
hereby
being
allocated for
the City's share
of the cost of the stormwater basin retrofitting, as specified in
Exhibit A of said agreement, from Stormwater Utility Trust Funds.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of _ bWy 90.
AT'r XAVIER L. UA EZ MAY
MAT Y HIRAI, CITY CLERK
SUBMITTED BY:
L PRIETO-PORTAR, Ph.D., P.E.
IRECTOR OF PUBLIC WORKS
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
tO GE F N NDEZ
TY ATTO
GMM/ra/M1492
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
90- 349
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C90-1247 DRAFT
COOPERATIVE AGREEMENT
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF MIAMI, FLORIDA
This COOPERATIVE AGREEMENT, ( "AGREEMENT° ), entered into on
, 19 , between "the Parties", the South Florida
Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, a
public corporation of the State of Florida, ("the DISTRICi"), and the City of Miami,
Florida, 275 NW 2nd Street, 4th floor, Miami, FL 33125, ("the CITY").
THAT WHEREAS, the DISTRICT is an independent taxing authority, created by
the Florida Legislature and given those powers and responsibilities enumerated in
Chapter 373, Florida Statutes; and
WHEREAS, the DISTRICT is empowered to enter into contractual arrangements
with public agencies, private corporations or other persons, pursuant to Section 373.083
Florida Statutes; and
WHEREAS, the DISTRICT has undertaken, as part of its Surface Water
Improvement and Management (SWIFT) programs, to assist local governments in the
upgrading of present facilities to reduce basin pollution from "first flush" runoff; and
WHEREAS, the Parties have similarly cooperated in other stormwater retrofit
projects; and
WHEREAS, the DISTRICT is desirous of assisting the CITY in the retrofitting
of the existing drainage system in Basin 31; and,
WHEREAS, the CITY is qualified and willing to provide said retrofitting services;
and,
WHEREAS, the DISIM(T. has funds in its current fiscal year budget, which are
available for the funding of this AGREEMENT and wishes to enter into an
AGREEMENT with the CITY;
90- 349
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. Unless extended or terminated, the period of performance of this AGREEMENT
shall commence on the date of execution and terminate on January 1, 1993.
2. As full consideration for providing the goods and services required by this
AGREEMENT, the DISTRICT shall reimburse the CITY, as further described below, an
amount not to exceed One Million One Hundred Thousand Dollars, ($1,100,000.00).
The DISTRICT shall reimburse the CITY'S expenses as described in Exhibits "A" & "B",
attached and made a part of this AGREEMENT.
3. The CITY fully understands and agrees that the DISTRICT shall not pay for any
obligation or expenditure made by the CITY prior to the commencement date of this
AGREEMENT, unless the DISTRICT authorizes such payment in writing.
4. The CITY shall, to the satisfaction of the DISTRICT, fully and timely perform all
work items described in the "Scope of Work", attached as Exhibit "B", and made a part
of this AGREEMENT.
5. The Project Manager for the DISTRICT is Larry Pearson, at 3301 Gun Club Rd.,
P.O. Box 24680, West Palm Beach, Florida 33416-4680, telephone no. (407) 6864", ext.
6776. The Project Manager for the CITY is Dan Brenner, at 275 NW 2nd Street, 4th
Floor, Miami, FL 33128, telephone no. (305) 579-6865. The parties. shall direct all
matters arising in connection with the performance of this AGREEMENT, other than
invoices and notices, to the attention of the Project Managers for attempted resolution
or action. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this AGREEMENT.
6. All notices to the CITY under this AGREEMENT shall be in writing and sent by
certified mail to Dan Brenner. All notices to the DISTRICT under this AGREEMENT
shall be in writing and sent by certified mail to:
South Florida Water Management District
attn: Division of Procurement and Contract Administration
P. O. Box 24680
West Palm Beach, FL 33416-4680
The CITY shall also provide a copy of all notices to the DISTRICTS Project
Manager. All notices required by this AGREEMENT shall be considered delivered upon
receipt. Should either party change its address, immediate written notice of the new
address shall be seat to the other party.
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90- 349
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7. All invoices submitted by the CITY shall reference the DISTRICT'S Contract
Number C90-1247. The CITY shall submit the invoices on a quarterly basis to the
DISTRICTS Division of Procurement and Contract Administration. Invoices shall
include an itemization of the date, amount of time expended, a description of the goods
and services provided, and the person(s) who provided such goods and services for each
day during which the CITY performed work. The DISTRICT shall pay the full amount
of the invoice, less Ten percent (10%) retainage within Thirty (30) days of receipt and
acceptance. provided the CITY has performed the work according to the terms and
conditions of this AGREEMENT. All invoices shall follow the same format as shown in
Exhibit "C", attached and made a part of this AGREEMENT. Failure by the CITY to
follow these instructions shall result in an unavoidable delay of payment by the
DISTRICT.
8. The DISTRICT shall have audit and inspection rights as follows:
A. Examination of Costs: The CITY shall maintain records of all accounts,
invoices for reimbursable expenses, books, accounting procedures and practices and
supporting documentation for any research or reports, for a period of five years from
completing performance of this AGREEMENT. Such records shall be sufficient to permit
a proper pre and post audit in accordance with generally accepted accounting principles
and to reflect properly all direct and indirect costs of whatever nature claimed to have
been incurred and anticipated to be incurred for performance under this AGREEMENT.
Such examination shall include inspection at all reasonable times of the CITY'S facilities,
or such parts thereof, as may be engaged in the performance of this AdR.EEMENT.
B. Cost and Pricing Data: If the CITY has submitted cost or pricing data in
connection with the pricing of this AGREEMENT or any change or modification thereto,
unless such pricing was based on adequate price competition, established catalog or market
prices of commercial items sold in substantial quantities to the general public, or prices
set by law or regulation, the DISTRICT shall have the right to examine all books, records,
documents and other data of the CITY related to negotiation, pricing or performance of
the AGREEMENT, change, or modification for the purpose of evaluating the accuracy,
completeness and currency of the cost or pricing data submitted, along with the
computations and projections used therein. The CITY agrees that the DISTRICT may
adjust the consideration for this AGREEMENT, including all changes or modifications
thereto, to exclude any significant sums by which the consideration was increased due to
inaccurate, incomplete, or non -current wage rates and other actual unit costs. The
DISTRICT shall make any such adjustment within one year following the termination of
this AGREEMENT.
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30- 349.
12. To the extent permitted by Florida law, the CITY shall defend, indemnify, save,
and hold the DISTRICT harmless from any and all claims, suits, judgments and liability
for death, personal injury, bodily injury or property damage arising directly or indirectly
from the performance of this AGREEMENT by the CITY, its employees, subcontractors
or assigns, including legal fees, court costs, or other legal expenses. The CITY
acknowledges that it is solely responsible for compliance with the terms of this
AGREEMENT.
13. If either party initiates legal action including appeals, to enforce this AGREEMENT,
the prevailing party shall be entitled to recover a reasonable attorneys fee, based upon
the fair market value of the services provided.
14. The CITY shall procure and maintain, for the life of this AGREEMENT, Workers'
Compensation Insurance covering all employees with limits meeting all applicable.. state
and federal laws. This coverage shall include Employers` Liability with limits meeting all
applicable state and federal laws.
15. Comprehensive General Liability coverage limits for the CITY shall be in accord
with Florida Statutes §768.28. In the event the DISTRICT is -named in any legal action as
a result of this AGREEMENT, the CITY shall respond with the necessary defense and
payment of all judgments in the same manner as if the DISTRICT were identified as an
additional insured within the CITY'S self -insured program.
16. If either party fails to fulfill its obligations under this AGREEMENT in a timely
and proper manner, the other party shall have the right to terminate this AGREEMENT
by giving written notice of any deficiency and by allowing the party in default Ten (10)
calendar days from receipt of notice to correct the deficiency. If the defaulting party fails
to correct the deficiency within this time, this AGREEMENT shall terminate at the
expiration of the Ten (10) day time period.
17. Either party may terminate this AGREEMENT at any time upon Thirty (30) days
prior written notice to the other party. In the event of termination, the DISTRICT shall
compensate the CITY for all authorized work performed through the termination date.
18. The CITY shall 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. The CITY shall take all measures necessary to effectuate these assurances.
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90- 349
19, Prior to engaging in any discussions with the news media pertaining to this
AGREEMENT, the CITY shall notify the DISTRICT'S Office of Communications. This
includes news releases, media requests for interviews, feature articles, fact sheets, or
similar promotional materials.
20. 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 CITY, upon request, as to any such laws of which it has present
knowledge.
21. The documents listed below, by this reference, shall become a part of this
AGREEMENT as though physically attached, and any inconsistency between any of these
documents shall be resolved by giving preference in the following order:
1. COOPERATIVE AGREEMENT
2. Exhibit "D" - SCOPE OF WORK
3. Exhibit "A" - ESTIMATED BUDGET and PAYMENT SCHEDULE
4. Exhibit "C" - INVOICE FORM
22. The laws of the State of Florida shall govern all aspects of this AGREEMENT.
In the event it is necessary for either party to initiate legal action regarding this
AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law
and in the Southern District of Florida for any claims which are justiciable in federal
court.
23. The CITY shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes,
24. The term of this AGREEMENT may be extended or renewed only with thri written
approval of the parties. Unless otherwise provided the , total length of this
AGREEMENT, as extended,..shall not exceed .�d.
_.pgA .of_ Four (� yeara,,ipcl.udling
extensions and renewals.
25. This AGREEMENT may be amended only with the written approval of the parties.
26. A failure or waiver of the DISTRICT'S right to enforce any covenant, condition,
or provision of this AGREEMENT shall not operate as a discharge of or invalidate such
covenant, Condition or provision, or impair the enforcement rights of the DISTWCT.
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90- 349
a
27. This AGREEMENT states the entire understanding between the parties and
supersedes any written or oral representations, statements, negotiations, or agreements
to the contrary. The CITY recognizes that any representations, statements or negotiations
made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual
relationship unless they have been reduced to writing, authorized, and signed by' an
authorized DISTRICT representative. This AGREEMENT shall bind the parties, their
assigns, and successors in interest.
The parties or their duly authorized representatives hereby execute this
AGREEMENT on the date first above written.
LEGAL FORM APPROVED ,
SPWMD OFFICE OP COUNSEL SOUTH FLORIDA WATER MANAGEM M DIST RIOT
BY ITS GOVERNING BOARD
By
,
• 4tiI:v�
m'o"AFT
DATE:
By-
Chairman
CITY 6F MIAMI, FLORIDA
By:
Title
f
7
90- 349
27. This AGREEMENT states the entire understanding between the parties and
supersedes any written or oral representations, statements, negotiations, or agreements
to the contrary. The CITY recognizes that any representations, statements or negotiations
made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual
relationship unless they have been reduced to waiting, authorized, .and signed by an
authorized DISTRICT representative. This AGREEMENT shall bind the parties, their
assigns, and successors in interest.
The parties or their duly authorized representatives hereby execute this
AGREEMENT on the date first above written.
LEGAL FORM APPROVED
SPWMD OFFICE OF COUNSEL
8Y:
DATL•:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
M
By. :
Chahmm
CITY & MIAMIj FLORIDA
By:
Title
rA
90- 349
13
461
EXHIBIT A
ESTIMATED BUDGET and PAYMENT SCHEDULE
The estimated budget for this project is outlined below. Notwithstanding that this
is an estimate, the DISTRICT'S actual contribution to the total project construction
cost shall not exceed the dollar amount set forth below:
BASIN 31 - STORMWATER SYSTEM RETROFIT
Estimated Total Construction Cost
District Cost Share (50%)
City Cost Share (50%)
$2,200,000
$1.100,000
$1.100,000
The DISTRICT will reimburse the CITY for costs incurred on a quarterly basis to the
maximum amount stated above. The CITY will submit invoices stating the actual
cash disbursement and include copies of invoices from its contractors which have
been paid by the CITY.
The DISTRICT will withhold 10% of the amount requested on each invoice. This
10% will be paid to the CITY upon receipt from the CITY of the certification of
completion for the system retrofit.
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90- 349
EXHIBIT B
SCOPE OF WORD
BASIN 31 STORMWATER SYSTEM RETROFIT
This project involves the installation of facilities to treat stormwater runoff in one basin - No. 31 - located in the
Overtown area of the City of Miami. This basin is a portion of the overall Miami River drainage area. Exhibit B-1
depicts the basin location. The facilities will improve the quality of stormwater entering the Miami River and
B:scayne Bay
The scope of work includes: retrofitting the existing drainage system in Basin 31. by means of f--ench drains. deep
drainage wells and grease and oil interceptors. The system will be designed to retain the first inch of runoff
generate by a storm with a return frequency of one in five years. During the course of this work, any
interconnections that are discovered to exist between the sanitary sewer system and the stormwater system will
be eliminated.
The CITY will be responsible for all design, permitting, construction and quality control. Design and construction
will be sufficient to meet all applicable regulatory requirements and codes of practice. Where possible, work will
be performed in conjunction with other road construction projects so as to minimize cost.
The CITY vtWiubmittAMtructign.dja ►iLngUft - e ificatia or he��oiect to th ITT t _thirt1c(30j. -or
to adyL ipn� feLluds. The DISTRICT will review these douments and provide written comments, at necessary,
within fifteen (15) days of receipt from the CITY. As -built drawings will be provided to the DISTRICT on
completion of each basin.
The CITY shall provide a copy of all executed contracts within thirtyday. Q the execution of such contracts.
The CITY will cooperate with Department of Environmental f#esources Management on the installation of and
" access to outfalls, for the purpose of monitoring.
The CRY will inspect the installed system at least on an annual basis, to determine that all components are
functioning properly. Repairs which can be performed by CITY personnel will be completed within 60 days of the
inspection. Repairs which require non -CITY contractors will be completed in accordance with the timeframe
allowed by the CITY -adopted contracting procedure.
The CITY will provide a maintenance record of the basin covered under this CONTRACT for a period of not less
than five (S) years from the date of their respective construction.
The CRY will provide written status reports on a quarterly basis through the term of this contract. These reports
' will describe progress made on the project during the previous three-month period. The percentages of work
completed and work remaining will be stated in each status report.
The Project Manager for the CITY will be an engineer registered with the State of Florida.
The Project Manager for the CITY will certify that the system installed has been constructed according to the
playas as permitted.
This contract will terminate on January 1, 1993.
90- 349
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I
9�"" 349
wutn rlottoa water Management Uistrlct
rrr+ 2 90 CONTRACTOR'S INVOICE FOR CONSTRUCTION AND RETAINAGE
'AYEEi'VENDOR
REMIT TO:
Street
City
State Zip
PROJECT NAME
PROJECT PHASES/TASKS
►VENDOR NO
►INVOICE NO.
►INVOICE DATE
►SFWMD CONTRACT NO
C90-1247
►PAYMENT REQUEST NO
►FOR SERVICES PERFORMED 41
FROM TO
►PARTIAL PAYMENT FINAL PAYMENT
1)
ORIGINAL COST OF CONTRACT
2)
TOTALAMENOMENTS a CHANGE
ORDERS EXECUTED TO DATE( + or •)
$
3)
ADJUSTED COST OF CONTRACT
(item 1 plus/minus item 2)
4)
PERCENT COMPLETED TO DATE
%
(attach detail as necessary)
S)
S AMOUNT COMPLETED TO DATE
S
6)
RETAINAGE( 10 alb) TO DATE
S
7)
AMOUNT COMPLETED LESS RETAINAGE
(item S less item 6)
$ -
8)
TOTAL PREVIOUSLY INVOICED
(item 7 from fast invoice)
S
9)
AMOUNT OF THIS INVOICE (item 7 less item 8)
10)
CONTRACT BALANCE DUE AFTER PAYMENT
OF THIS INVOICE (item 3 less item 7)
$
ATTACH SECOND PAGE IF NEEDED
S
S
AYEE/VENDOR CERTIFICATION . I hereby certify that the materials or services invoiced herein have been delivered,
at this is the only original invoice, is correct and just, and that no part of same has previously been paid.
Title: '
.........................FOR SFWMD USE ONLY •- DO NOT WRITE BELOW THIS LINE ............................ .
Meo/Encumbrance No.
Voucher No.
:ount Coding: EXPENDITURE "Pay by' Date
=und Actount Div Project Supplemental tine No.
l l ■ l ■ ■ ■ . ■ l l ■ ■ ■ .. • ■ ■ ■ ■ r ■ trJ
s Retainagt: (Inuease) Decrease SUITOTAL
■ ■ ■ ` t s i� J � LJ 1 � � ■ t .
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s
"ROVED: Payment This invoice S
sect Manager Date
Contract AdmT r►nrtratron
Date Division Oueoor (if Nocauarylate
Date
Deputy Executive Daianot (I Necettary)
Date
apartinent R.tectot (i1 Neinwy)
90— 349
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To Honorable Mayor and Members DATE 1990 FILE
of the City Commission �OAf i1 6 ' w
SUBJECT Aeso 1 ut 1 on Approving Cost Sharing
Agreement with South Florida
Water Management District
FROM xal/L� REFERENCES S.W. I .M. FUNDS)
Cesar H. Odio ENCLOSURES Draft Agreement C90-1247
City Manager
RECOMMENDATION:
It Is respectfully recommended that the City Commission adopt the
attached resolution approving a cost sharing agreement between
the City of Miami and the South Florida Water Management District
for retrofitting stormwater basin 31 to Improve water quality
within the City.
BACKGROUND:
The Department of Public Works, in a continuing effort to serve
all residents of the City of Miami, Is recommending the adoption
of the attached resolution approving a cost sharing agreement
between the City and the South Florida Water Management District.
In 1987 the Florida Legislature enacted legislation entitled the
Surface Water Improvement and Management Act, also known as the
SWIM Act. This legislation authorized the preparation and
administration of a long term program to reduce pollution and
improve water quality in Biscayne Bay and Its tributaries. The
program Is being administered by the District.
A cost sharing agreement has been successfully negotiated between
the City and the District for retrofitting stormwater basin 31
located In the Overtown and Downtown areas of the City. This
stormwater basin will be retrofitted to retain the flrsL Inch of
rainwater runoff generated by a storm with a return frequency of
one in five years. Runoff will be treated by grease & oil
interceptors before being discharged to Miami River or Biscayne
Bay.
The estimated cost of this project Is $2.2 million with the
District contributing $1.1 million in SWIM Funds and the City
contributing $1.1 million in Stormwater Utility Trust Funds.
90- 349
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