HomeMy WebLinkAboutR-88-0507J=88=531
5/23/88
RESOLUT t ON NO . _88-050 E
A RESOLUTION APPROVING A COST SHARING CONTRACT
BETWEEN THE CITY OF MIAMI AND THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT FOR RETROFITTING
STORMWATER BASINS WITHIN THE CITY; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED
HERETO ON BEHALF OF THE CITY WITH FUNDS
THEREFOR MADE AVAILABLE FOR THE CITY'S SHARE
FROM STORM SEWER GENERAL OBLIGATION BOND FUNDS
AND STORMWATER UTILITY TRUST FUNDS.
WHEREAS, the Florida Legislature has enacted Chapter 373,
Laws of Florida, of which Sections 373,451 through 373.4595 are
the Surface Water Improvement and Management Act, hereinafter
referred to as the SWIM Act; and
WHEREAS, the SWIM Act designates Biscayne Bay as a priority
water body within the South Florida Water Management District;
and
WHEREAS, the Department of Environmental Resources
Management of Metropolitan Dade County has prioritized 55
stormwaterbasins as posing a threat to the Miami River and
Biscayne Bay; and
WHEREAS, the Florida Legislature has 'allocated funds for
retrofitting of these stormwater basins to improve water quality
and has authorized the South Florida Water Management District to
enter into a cost sharing contract with the City of Miami for the
retrofitting of stormwater basins within the City; and
WHEREAS, funds are available for the City's share of the
cost for said retrofitting from Storm Sewer General Obligation
Bond Funds and Stormwater Utility Trust Funds; and
WHEREAS, a cost sharing contract has been successfully
negotiated to the satisfaction of both the City of Miami and the
South Florida Water Management District; and
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CITY COMMISSION
MEETING OF
JUN 9 1988
SOLUTION No.
MARKS:
WHtktAS, it It now al5propr I ate for the City Ci`mfri l ss i oh to
cohslder the authorizatlbn of the City Manager to exedUte said
dOlItract ;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMItSiON OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth In the
preamble to this resolution are hereby incorporated by reference
and adopted:
Section 2: The City Commission hereby approves I the
negotiated cost sharing contract between the City of Miami and
the South Florida Water Management District for retrofitting five
(5) stormwater basins within the City of Miami at the locations
specified in Exhibits "A" and "D" of said contract.
Section 3. The City Manager is hereby authorized to execute
said contract in substantially the form attached hereto on behalf
of the City of Miami
Section 4. Funds are to be made available for the City's
share of the cost of said stormwater basin retrofitting, as
specified In Exhibit "A" of said contract, from Storm Sewer
General Obligation Bond Funds and Stormwater Utility Trust Funds.
PASSED AND ADOPTED this 9th day of June 1988,
f
ATTEST:
MATTY FfIRAI
CITY CLERK
PREPARED AND APPROVED BY:
low
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
XAVIER L
M A Y
R
EZ
APPROVED AS TO FORM AND CORRECTNESS:
ti
i
JOR13E LIVFtE ANDEZ
CITY ATTORNE
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88-p38
CONTRACT
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF MIAMI
This CONTRACT is entered into on , 19 between the
South Florida Water Management District, 3361 Gun Club Road, West Palm Beach,
Florida, a public corporation of the State of Florida (DISTRICT), and City of Miami
(CITY);
WITNESSETH:
WHEREAS, the Florida Legislature has enacted Chapter 373, Laws of Florida,
of which Sections 373.451 through 373.4595 are the "Surface Water Improvement
and Management Act", (hereinafter SWIM" ACT), and;
WHEREAS, the SWIM ACT. designates Biscayne Bay as a priority water body
within the geographical jurisdiction of the DISTRICT; and
WHEREAS, the Environmental Resources Management Department of
Metropolitan -Dade County has prioritized 55 stormwater basins as posing a threat
to the Miami River and Biscayne Bay area; and
WHEREAS, the Legislature has allocated funds for the retrofitting of these
stormwater basins; and
WHEREAS, the DISTRICT desires to enter into a cost sharing agreement with
the CITY for the retrofitting of the stormwater basins described herein;
NOW, THEREFORE, in consideration of the benefits to each of the parties, it
is agreed as follows:
1. Unless extended or terminated, the period of performance of this
CONTRACT shall commence on the date of execution and extend for a period of
(18) eighteen months.
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887507
2. As full consideration for providing the goods and services required by this
CONTRACT, the DISTRICT shall pay the CITY an amount not to exceed One Million
One Hundred and Ninety Thousand Dollars ($1,190,000) for construction as set
forth in Exhibit "A" attached and made a part of this CONTRACT.
3: All invoices submitted by the CITY shall reference the DISTRICT'S Contract
Number 88-0390-0652. 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, a description of the goods and services
provided, and the person(s) who provided such goods and services work
performed by the CITY during the preceding billing period. All invoices shall follow
the same format as shown in Exhibit "8". attached and made a part of this
CONTRACT. Failure by the CITY to follow these instructions shall result in an
unavoidable delay of payment by the DISTRICT. The DISTRICT shall pay the full
amount of the invoice within 30 days of_receint and acceptance, provided the CITY
performed the work according to the terms and conditions of this CONTRACT.
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 OCO.
and made a part of this CONTRACT.
5. The Project Manager for the DISTRICT is Mike Slayton, at 3301 Gun Club
Road, (407) 686-8800, ext. 766. The Project Manager for the CONTRACTOR is
at
The parties shall direct all matters arising in connection with the
performance of this CONTRACT, 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 CONTRACT.
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88-50 7
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6. All notices to the CITY under this CONTRACT shall be in writing and sent
by certified mail to . All notices to the DISTRICT under
this -CONTRACT shall be in writing and sent to:
South Florida Water Management District
Attn: Division of Procurement and Contract Administration
P. 0. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416-4680
The CITY shall also provide a copy of the notices to the DISTRICT'S Project
Manager. All notices required by this CONTRACT shall be considered delivered
upon receipt. Either party may change its address by providing prior written
notice to the other of any change of address.
7. The CITY is an independent contractor and is not an employee or agent of
the DISTRICT. Nothing in this CONTRACT shall be interpreted to establish any
relationship other than that of an independent contractor, between the DISTRICT
and the CITY, its employees, agents, subcontractors, or assigns, during or after the
performance of this CONTRACT.
8. The CITY shall not assign, delegate, or otherwise transfer its rights and
obligations as set forth in this CONTRACT without the prior written consent of the
DISTRICT.
9. The CITY shall obtain all 'necessary federal, state. local, and other
governmental approvals, as well as all necessary private authorizations and
permits prior to the commencement of performance of this CONTRACT.
10. To the extend permitted by Florida law, the CITY shall defend,
indemnify, save, and hold the DISTRICT harmless i rom any and all claims, suits,
judgments and liability for death, personal injury, or property damage arising
directly or indirectly from the performance of this CONTRACT, by the CITY, its
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88--507
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 CONTRACT.
11. If either party initiates legal action including appeals, to enforce this
CONTRACT, the prevailing party shall be entitled to recover a reasonable
attorney's fee, based upon the fair market value of the services provided.
12. Workers' Compensation insurance is required for all individuals and
contractors doing work for the DISTRICT. Coverage shall be for Statutory Limits as
stipulated under applicable state and federal laws. The policy shall include
Employer's Lability.
13. Comprehensive General Liability coverage limits for the CITY shall be in
accord with Florida Statutes 768.28. In the event the DISTRICT is names in any legal
action as a result of this CONTRACT, 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 M Y'S self -insured program.
14. The CITY shall maintain records of all accounts, invoices for
reimbursable expenses, and supporting documentation for any research or
reports, for a period of three years from completing performance of this
CONTRACT. Such records shall be sufficient to permit a proper pre and post audit
in accordance with general accounting methods. The CITY shall permit the
DISTRICT or its designated agent to inspect such records at the location where they
are kept upon reasonable prior notice.
15. If either party fails to fulfill its obligations under this CONTRACT in a
timely and proper manner, the other party shall have the right to terminate this
CONTRACT by giving written notice of any deficiency and by allowing the party in
default 10 days to correct the deficiency. If the defaulting party fails to correct the
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a
deficiency within this time, this CONTRACT shall terminate at the expiration of the
ten (10) day time period.
16. Either party may terminate this CONTRACT 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.
17. The documents listed below, by this reference, shall become a part of
this CONTRACT as though physically attached, and any inconsistency between any
of these documents shall be resolved by giving preference in the following order:
1. CONTRACT
2. SCOPE OF WORK
3. ESTIMATED BUDGET
18. In the event any provisions of this CONTRACT shall conflict, or physically
appear to conflict, with the provisions of the scope of work or the estimated
budget, the provisions of this CONTRACT shall prevail.
19. The laws of the State of Florida shall govern all aspects of this
CONTRACT. In the event it is necessary for either party to initiate legal action
regarding this CONTRACT, venue shall be in the Fifteenth Judicial Circuit for claims
under state law and the Southern District of Florida for any claims which are
justiciable in federal court.
20. The term of this CONTRACT may be extended or renewed only with the
written approval of the parties. Unless otherwise provided, the total length of this
CONTRACT, as extended, shall not exceed a period of three years, including
extensions and renewals.
21. This CONTRACT may be amended only with the written approval of the
parties.
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22. Failures or waivers to enforce any covenant, condition, or provision of
this CONTRACT by .the parties, their successors and assigns shall not operate as a
discharge of, or invalidate, such covenant, condition, or provision, or impair the
enforcement rights of the parties, their successors and assigns.
23. This CONTRACT 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
CONTRACT shall bind the parties, their assigns, and successors in interest.
24. The parties or their duly authorized representatives hereby execute this
CONTRACT on the date written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Chairman
By:
Title
to
88-507
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EXNtBIT "A"
ESTIMATED BUDGET
The Estimated budget for the above work is outlined below.
1. Basin 44i (45 acres)
Estimated cost of construction:
$ 380,000
District cost sharing (SO%)
$ 190,000
City of Miami (SO%)
$ 190.000
2. Basin 26 (45 acres)
Estimated cost of construction:
$ 6S0,000
District cost sharing (60%)
$ 390,000
City of Miami (40%)
$ 260.000
3. Basin LR2 (17 acres)
Estimated cost of construction:
$ 200,000
District cost sharing (SO%)
$ 100,000
City of Miami (SO%)
$ 100,00
4. Basin 50 (69 acres)
Estimated cost of construction:
$800,000
District cost sharing (SO%)
S 400,000
City of Miami (SO%)
$ 400,000
S. Basin S1 (22 acres)
Estimated cost of construction:
$ 220,000
District cost sharing (50%)
$ 110,000
City of Miami (SO%)
$ 110.00
TOTAL COST FOR RETROFITTING 198 ACRES:
$2.250,000
,
DISTRICT COST SHARING: $ 1,190,000
CITY OF MIAMI : $1,060,000
ISe-507
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FORM 050
vae
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PAYEE/VENDOR _
►REMIT 70:
Street
EXHIBIT B_
STANDARD CONTRACTOR'S INVOICE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
►INVOICE NO.
►INVOICE DATE
►SFWMD CONTRACT NO.
City ►PAYMENT REQUEST NO.
State Zip ►FOR SERVICES PERFORMED
►PROJECT NAME FROM TO
►PARTIAL PAYMENT FINAL PAYMENT
►DESCRIPTION OF PROJECT PHASES/TASKS COVERED BY THIS INVOICE:
1)
ORIGINAL COST OF CONTRACT
S
2)
TOTAL AMENDMENTS $ CHANGE
ORDERS EXECUTED TO DATE(+ or-)
S
3)
ADJUSTED COST OF CONTRACT
(item 1 plus/minus item 2)
S
4)
PERCENT COMPLETED TO DATE
(attach detail as necessary)
5)
S AMOUNT COMPLETED TO DATE
S
6)
RETAINAGE ( %) TO DATE
S
7)
AMOUNT COMPLETED LESS RETAINAGE
(item S Lem item 6)
$
8)
TOTAL PREVIOUSLY INVOICED
(item 7 from last invoice)
S
9)
AMOUNT OF THIS INVOICE (item 7 less item 8)
S
10)
CONTRACT BALANCE DUE AFTER PAYMENT
OF THIS INVOICE (item 3 less item 7)
S
ATTACH SECOND
PAGE IF NEEDED
►PAYEE/VENOOR CERTIFICATION - I hereby certify that the materials or services invoiced herein have been delivered,
that this is the only original invoice, is correct and just, and that no part of same has previously been paid.
By: Title
.................................... DO NOT WRITE BELOW BELOW THIS LINE ....................................
FOR SFWMD USE ONLY
FOR FINANCIAL SERVICES USE ONLY:
contract Number Vendor Number
Voucher Number
s
Company Account Center Supplemental Code
Company Account Center Suppiemental Code
TOTAL PAYMENT APPROVED: E
APPROVED:
roles Manager uAte Lontract Administration Date other ecessaryl ate
88-50'7
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EXHIBIT "C"
SCOPE OF WORK
STORMWdTER RETROFITTING
a
The highest concentration of surface pollutants in stormwater runoff is
thought to be contained in the first inch of runoff, the so-called "first flush". The
highest level of pollution in stormwater runoff comes from commercial and
industrial developments and roadways. In many hydrologic basins in the City of
Miami, this first flush of runoff is allowed to discharge directly into Biscayne Bay
-via the Miami River and other tributaries. The purpose of this contract is to
provide for retrofitting the stormwater systems of five (5) basins such that the first
inch of runoff will be prevented from entering directly into the Bay or its
trihutaries.
The Basins covered by this Contract are delineated on the attached map
(Exhibit D). Basins 26, 44i, 50, 51 and LR2 are covered by this Contract. —
All All basins will be retrofitted to retain the first inch of runoff generated by a
storm with a return frequency of one in five years. This first 'inch of runoff shall
include the first inch of runoff generated throughout the basin. Runoff generated
downstream of the inlet to the retention system will be treated by a grease and oil
interceptor before discharging to surface waters. Basin retrofitting performed
under this Agreement will result in no interconnections with the sanitary sewer
system.
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, retrofitting work
will be performed in conjunction with other road construction projects so as to
minimize cost. Construction drawings and work schedules will be provided to the
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887-50VI1
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District for each basin prior to construction. As built drawings will be provided to
the District on completion of each basin.
The CITY will cooperate with' DERM on the installation of and access to
outfails, for the purpose of monitoring.
The CITY will provide a maintenance record of all Basins covered under this
Contract for a period of not less than five years.
m
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z EXHIBIT "D"
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N o (2 of 2)
" J
cD m—------ - — --
+:
CONTROL r — - — - — -— — - — -— -
----- ---
Z 30"s STRUCTURE Q I
t
- — - — CITY
- LIMITS- LINE •= 3O"e
L _ N.E. 79 ST.
I( LITTLE RIVER CANAL (;
BASIN N0: 2
LAND AREA: 17 ACRES
PRESENT LAND USE: COMMERCIAL/ HIGH
DENSITY RESIDENTIAL
ESTIMATED RETROFIT COST: $200.000
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SWIM MAP/4-88 JTW 5/23/88
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EXHIBIT 110"
(1 OF 2)
88-50 i
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30
CITY OIr MIAMI. IrLOMIbA
INFER-OPPICIE MEMORANDUM
4onorable Mayor. and Members
To oAfE, _ BILE:
J V N
of the City Commission - i
SUBJECT. Resolution pprov i ng SWIM
Act Cost Sharing Contract
with S. Florida Water
Management District
FROM REFERENCES:
Cesar H . Od i ENCLOSURES: ( For June 9, 1988
City Manager Commission Meeting)
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution approving a cost sharing contract between the
City of Miami and the South Florida Water Management District for
retrofitting stormwater basins 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 contract
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, alao known as tha
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
clean-up program will be administered by the South Florida Water
Management District (SFWMD).
In conjunction with Dade County's Department of Environmental
Resources Management, SFWMD has identified and prioritized 55
stormwater basins as posing a threat to the Miami River and
Biscayne Bay. The SWIM Act allocated funds for retrofitting
these stormwater basins and authorized the SFWMD to enter Into
cost sharing contracts with local governments to accomplish the
retrofitting.
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qs-500
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H6hbrabla Mayor and Members Page 2 of 2
of the City Commission
A Cott sharing Contract has been sueoessfUII y negotiated to the
satisfaction of both the City of Miami and the SrWMD. The City
Will be responsible for all design, permitting, construction and
quality control (Inspection). Where possible, the retrofitting
work will be accomplished in conjunction with street rebuilding
projects. The first such project utilizing SWIM funds will be
East Little Havana Highway Improvement -Phase ii (C.I.P. No.
341124) scheduled to be under construction this Fall.
All stormwater basins -will be retrofitted to retain the first
inch of rainwater runoff generated by a storm with a return
frequency of one in five years. Runoff will be treated -by a
grease and oil Interceptor before being discharged to the Miami
River or Biscayne Bay.
The estimated total cost for retrofitting the five highest
priority basins is $2,250,000.
SFWMD's share will be $1,190,000 and the City of Miami's share
will be $1,060,000. Funds are available for the City's share
from Storm Sewer General Obligation Bond Funds and Stormwater
Utility Trust Funds.
88-50 J