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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 - 2 - 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. 2 90- 349 1 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. K7 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. 5 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. G 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. I 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 Ll El RX11IdIT R-) dp71 1 � 1 I � M14Y� NaVC4 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 . r uwo •tcoc,trr s S f 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 CAD 5 -t