HomeMy WebLinkAboutR-89-0195,
2/23/09
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, WITH THE
UNIVERSITY OF MIAMI, FOR THE SALE OF
APPROXIMATELY 12,000 CUBIC YARDS OF EXCESS
FILL MATERIAL FROM VIRGINIA KEY AT THE PRICE
OF $2.00 PER CUBIC YARD, LOOSE MEASURE;
FURTHER DIRECTING THAT SALE PROCEEDS BE USED
TO FUND THE COST OF PLACING BENCHES AND
PLANTING TREES IN BAY VISTA PARK LOCATED AT
4850 NORTHWEST 6TH AVENUE IN THE CITY OF
MIAMI.
WHEREAS, there exists on Virginia Key surplus fill material
as a result of port dredging prjects; and
WHEREAS, the University of Miami has an urgent need to
purchase 12,000 cubic yards of fill material; and
WHEREAS, the City of Miami has within the past two years
sold fill at a price of $2.00 a cubic yard, loose measure, which
price is still fair and reasonable;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement for the sale of excess fill material from
Virginia Key, in substantially the form attached, to the
University of Miami, for the price of $2.00 per cubic yard, loose
measure.
Section 2. Proceeds from the herein authorized sale are
hereby directed to be used to fund the cost of placing benches ='
and planting trees in Bay Vista Park located at
4850 Northwest 6th Avenue in the City of Miami.
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ATTAINMENTS NEBTING
ENCIQSED RMUMON fill
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REMARKS:
CHIEF DEPUTY CITY ATTORNEY
APPR4y.ED� AS J05 ,FOR-M br CORRECTN �S.S*,,}
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A G R E E M E N T
THIS AGREEMENT
entered into this day of
1989 by and between THE CITY OF MIAMI, a Municipal
Corporation of
Dade County, State of
Florida, hereinafter referred
to as "CITY",
and THE UNIVERSITY OF
MIAMI hereinafter referred to
as "BUYER".
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W I T N E S S E T H.
WHEREAS, the City Commi ssi on of the Ci ty
of Miami , by
Resolution No. 89-
adopted on February 9, 1989,
authorized the
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City Manager to sell
approximately 12,000 cubic yards
of surplus
fill on Virginia Key,
to the University of Miami for the Price of
$2.00 per cubic yard
(loose measure); and
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject
to the terms and conditions hereinafter states, the parties
hereto understand and agree as follows: P
SECTION I- TERM:
This Agreement shall terminate one year after -the abave.
date of execution or when the specified amount of material has
been removed whichever comes first. However, because. of the
possible conflicts outlined in, but not limited to, Section
E & F, the City reserves the right to terminate this Agreement at
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any time prior to completion of the work without penalty to the J
City when it deems it is in the best interest of the City to do,
So.
SECTION II - BUYER AGREES:
A. To purchase up to 12,000 cubic yards (loose) of
material (depending on availability & possible. site usage as
decided by the City) located at the North End of. Virginia Key13
from the CITY and to pay the CITY for this material the unit
price of $2.00 per cubic yard (loose measure). He will load an T7
remove the subject material with his own equipment. lid
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B.
to make a payments
to the
CITY on
May 1, 1989, on
the
first of
the month every
three
months
thereafter and
upon
termination
of the work. Payment
to be
based
on estimated
quantities
of material removed during
those
periods
prior to each
payment.
C. To remove the surplus fill material at the borrow area
to an even grade no lower than elevation +10.0 within the It
horizontal limits directed by the City Engineer. Any material
excavated beyond the horizontal and vertical control limits
established by the CITY shall be replaced by the BUYER.
0. To maintain the stability of the dikes traversing the
fill site and repair any damage to the dikes resulting from his
borrow operations. The BUYER may be allowed to construct an
opening in the dike to facilitate his work upon approval from the
CITY ENGINEER. In this case, material from the dike is to be
conveniently stockpiled and replaced & compacted in its original
location upon termination of this Agreement.
E. To temporarily suspend work if and when the site is
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required for use by the CITY.
F. To terminate work if and when it becomes necessary for
the CITY to utilize the area as a disposal site for dredged or
excavated material.
G. To conduct the borrow operation in such a manner that
all streets, roadways, access roads etc. are maintained during
i the term of this agreement and are left in a condition at least
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equal to what they were prior to commencement of the work. In
' order to control dust, the BUYER shall water that length of
access road abutting inhabited areas when directed by the City
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��SEr!E+�e'tt?sxiaMM7�w��a.r1R-✓'� $ #"''K.�.tltx. ."a�3;,%dirlt Si2t7:-w?4�{•p�YiF.tsa r. , ..d,. , x c•i .... _eit4'k ,; -e �.- , [... c_'G2§n%�����wkYedf¢�A$ii'i4`�• ® ..
H. To defend, indemnify, and save harmless the CITY
against any and all claims, suits, actions for damages, or costs
of actions arising for any personal injury, loss of life, or
damage to property, sustained by reason of or as a result of the
BUYER (his agents, employees or workmen's) carelessness, or 'x
negligence arising from the performance of this contract; from
and against any orders, judgments, or decrees which may be
entered thereon and from and against all costs, attorneys fees,
expenses and liabilities incurred in the defense of any claims
and the investigation thereon.
I. To notify the CITY at least 24 hours in advance of the
proposed scheduling of work.
SECTION III - CITY AGREES:
A. To provide the buyer with access to the subject site.
B. To provide the necessary horizontal and vertical
controls. C. To designate an Engineer to coordinate and monitor the
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buyer's work.
SECTION IV.- BASIS OF PAYMENTS:
The BUYER will cooperate with the CITY ENGINEER in
determining the most appropriate method to calculate the final ?'
and total amount of material hauled. Interim estimated payments,
however, as outlined in SECTION II - B will be based on the
number and volume of hauling equipment used during each pay !-
period.
SECTION V - GENERAL CONDITIONS:-
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A. All notices or other communications which shall or may
! be given pursuant to this Agreement shall be in writing and shall
b,e delivered by personal service, or by registered mail addressed
to the other party at the address indicated herein or as the same
may be changed from time to time. Such notice shall be deemed:`
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given .on the day on which personally served; or, if by mail, on '
the fifth day after being posted or the date, of; ,ottual ''r-eceipt,
whichever is earlier. j1=
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a CITY OF MIAMI BUYER
Public Works Department University of Miami
Attn: Gene Pelaez Attn: John Geeslin
275 N.W. 2 Street P.O. Box 248106
Miami, Florida 33128 Coral Gables, Florida 33124
B. Title and paragraph headings are for convenient
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i� reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any attached
documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the same or
any other provision hereof, and no waiver shall be effective
unless made in writing.
SECTION VI - NONDELEGABILITY: That the obligations undertaken by the BUYER pursuant to
this Agreement shall not be delegated or assigned to any other
person or firm unless CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
�. another person or firm.
SECTION VII - AUDIT RIGHTS:
CITY reserves the right to audit the records of the BUYER
at any time during the -performance of this Agreement and for a i
period of one year after final payment is made under this
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_ Agreement. f
SECTION VIII - AWARD OF AGREEMENT:
The BUYER warrants that he has not employed or retained any
person employed by the CITY to solicit or secure this Agreement
and that he has not offered to pay, paid, or agreed to pay any
person employed by the CITY any fee, commission percentage,"
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brokerage fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
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SECTION IX - CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced'accordiny t4
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the laws of the State of Florida.L
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This Agreement shall be binding upon the parties herein,
there heirs, executors, legal representatives, successors, and '
assigns.
SECTION XI - CONFLICT OF INTEREST:
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The BUYER is aware of the conflict of interest laws of the
City of Miami (City of Miami Code Chapter 2, Article V), Dade =
County Florida (Dade County Code Section 2-11.1) and the State of j
Florida, and agrees that he will fully comply in all respects
with the terms of said laws.
SECTION XII - INDEPENDENT CONTRACTOR:
The BUYER and his employees and agents shall be deemed to _ E
be independent contractors, and not agents or employees of CITY,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY, or any rights generally x
afforded classified or unclassified employees; further he shall
not be deemed entitled to the Florida Workers' -Compensation
benefits as an employee of CITY.41
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SECTION XIII - NONDISCRIMINATION:.:
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The BUYER agrees that he shall not discriminate as to race,
sex, color, creed, or national origin in connection with his ag_
performance under this Agreement. 'M
SECTION XIV - MINORITY PROCUREMENT COMPLIANCE:
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The BUYER acknowledges that he has been furnished a copy of
Ordinance No. 10062, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable T-
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substantive and procedural provisions therein, including 'any
amendments thereto.
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SECTION XV - DEFAULT PROVISION:
In the event that the BUYER shall fail to comply with each`
and every term and condition of this Agreement or faits to. 3N
perform any of the terms and conditions contained herein, then
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the CITY, at its sole option, upon written notice to the BUYER.:
may cancel and terminate thi s Agreement, and all paymants, K rt3-
advances, or other compensation paid by the, BUYER shall be ,,r4>,.��
retained by thq CITY.'r�r�'fsv�
SECTION XVI �AMENDM_ENTS'
No amendments to this Agreement
shall be binding on either
party unless in writing and signed by both parties.
SECTION XVII - COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments.
IN WITNESS WHEREOF, the parties hereto have caused this
To Nonorab.l e° Mayor and Members
of the City = Commission
Cesar . HOdic.
FROMCi ty , Manager
(SATE :
SUEUeCT
REFERENCES:
I' 'ENCLOSURES:
RECOMMENDATION
It `is' respectfully -recommended, :that the City,- Ciimmi•ssion adopt. the
attached resolution authori zi ng the City ! Manager to execute an ,} t
agreement in substantialay the form attached to :sell exc;essfili,�y
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material f rom Vi rgi ni a Key to t he � University <of Miami ` at the p`rite � ;
of $2 00. pe'r cubic yard, loose measure. _ 3
BACKGRO.O.ND
The "Department of Public Works has determined 'that Itwill be*Fs3
beneficial for the City to effect the sale of approximately-12,000,
cubic: yards of excess .• fill material from the City's"fill dis'pos1<
site ' ad to the sewage treatment plant on V-i rgi ni a' Key'.
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Within the 'past two years, the City sold -some 90',000� cubic. yards of> v w
the same excess fill to Metropolitan Dade County at a pri price of: $2.00 hrr;
a cubic yard, loose measure '. This price is still fairs=�t�
rea'sonabl e. Y"
As n the last- sale of this material , the resolution di rects thit F
�,. the proceeds of this sale be used. for improvements in City parks,
�= Resolution attached
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