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HomeMy WebLinkAboutExhibit 2FLORIDA DEPARTMENT OF TRANSPORTATION STORM WATER PUMP STATION MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI This AGREEMENT, made and entered into this day of , 20 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI, a municipal corporation of and existing under the Laws of the State of Florida, hereinafter called the CITY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road (S.R.) 5Brickell Ave corridor as part of the State of Florida Highway System; and WHEREAS, the DEPARTMENT drafted design plans for the installation the drainage pump station on S.R. 5Brickell Avenue from SE 25th Street (M.P. 8.846) to SE 5"' Street (M.P. 10.405) in accordance with DEPARTMENT Contract # T-6190, the limits of which, hereinafter PROJECT LIMITS, are described in the attached Exhibit `A', which by reference hereto shall become a part hereof, and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the CITY, by Resolution No. , dated , 20 , attached hereto as Exhibit B, which is incorporated herein by reference, desires to enter into this Agreement and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: I. DEPARTMENT RESPONSIBILITIES The DEPARTMENT hereby agrees to reimburse the CITY for fifty percent (50%) of the cost to maintain the Storm Water Pump Station. Said reimbursement shall be governed by the terms and conditions of the "Storm Water Pump Station Joint Participation Agreement" to be executed simultaneously herewith. a. Assignment The DEPARTMENT. and the CITY agree that, by executing this AGREEMENT, Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 1 of 7 all maintenance pertaining to the storm water pump station will be assigned to the CITY in perpetuity. II. CITY'S MAINTENANCE RESPONSIBILITIES The below -named functions are to be performed by the CITY and may be subject to periodic inspections by the DEPARTMENT at its sole discretion. Such inspection findings will be shared with the CITY and shall be the basis of all decisions regarding repayment, reworking, or agreement termination. The CITY shall not change or deviate from the PLANS AND SPECIFICATIONS, incorporated herein by reference, without written approval of the DEPARTMENT. i. The CITY agrees to routinely and periodically maintain and operate, as specified herein, the storm water pump station. Upon completion of the installation, the CITY will be responsible for the routine operations and maintenance of the storm water pump station installed by the DEPARTMENT within the PROJECT LINIITS. The CITY shall be responsible for the below maintenance activities for the pump station described above: A. To maintain the storm water pump station systems (electrical, mechanical, etc.) working properly and pay for the associated costs of its operation and maintenance. B. To remove and dispose all waste and emissions such as used coolant, oil lubricants, etc. All government regulations shall be observed during the waste removal. C. To keep the pump stations tidy and in good order at all times. D. Before starting maintenance work on the pump, the pump must be isolated from the power supply and cannot be energized. This applies to the control circuit as well. E. To inspect the pump stations at least once a year, but more frequently under severe operating conditions. F. To inspect the oil levels after one week of operations when seals have been replaced. G. To perform oil changes in accordance with manufactured specifications. A service log shall be maintained for all maintenance operations. H. The CITY shall be responsible for all costs associated with routine operations, maintenance, and minor repairs, which include: electrical power, diesel fuel, oil, Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 2 of 7 filters, labor, and other incidental maintenance and operations items. The CITY will be reimbursed in accordance with Section I of this AGREEMENT. I. Excluded from the responsibility of the CITY, are all major repairs and replacement of the pump station components, such as controls, pumps and motors. J. As soon as it becomes immediately apparent, the CITY shall notify the DEPARTMENT of all needed major repairs for the storm water pump station. The CITY and the DEPARTMENT, as necessary, shall enter into future separate agreements to negotiate terms and commit funding for major repairs and replacement of the pump station components, such as controls, pumps, and motors. Said future agreements shall be executed in advance of the start of any major repairs and/or replacement of the pump station components. K. The DEPARTMENT reserves the right, at its sole discretion: 1) to implement future major repairs and/or replacement of the pump station components; or 2) to negotiate and contract with the CITY to complete the major repairs and/or replacement of the pump station components on behalf of the DEPARTMENT in order to maintain the functionality of the pump stations. III. MAINTENANCE DEFICIENCIES If at any time after, while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT that the CITY's responsibility as established herein or part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to place the CITY on notice regarding its deficiencies. Thereafter, the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: i. Maintain the pump station, or a part thereof, with DEPARTMENT or contractor's personnel and invoice the CITY for expenses incurred; or ii. Terminate the Agreement in accordance with Section 6 of this Agreement and remove, by DEPARTMENT or contractor's personnel, the pump station installed under this Agreement or any preceding agreements and charge the CITY the reasonable cost of such removal. IV. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 3 of 7 to the party to receive such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 NW l l Ith Avenue, Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To the CITY: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Attention: City Manager V. STORM WATER PUMP STATION It is understood between the parties hereto that the storm water pump station covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future, as found necessary by the DEPARTMENT, in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. The CITY shall be given sixty (60) calendar days notice to remove said pump station, after which time the DEPARTMENT may remove same. VI. TERMINATION This Agreement may be terminated under any one (1) of the following conditions: By the DEPARTMENT, if the CITY fails to perform its duties under Section II, following thirty (30) days written notice. ii. In accordance with Section 287.058(1)(c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, Florida Statutes. VII. AMENDMENT This AGREEMENT may be amended by mutual agreement of the DEPARTMENT and the CITY expressed in writing, executed and delivered by each party. VIII. TERMS i. The term of this AGREEMENT shall only commence upon execution by all parties. This AGREEMENT shall continue in perpetuity or until termination as set forth in Section VI. Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 4 of 7 ii. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein. iii. The DEPARTMENT's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this AGREEMENT, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. iv. This AGREEMENT is nontransferable and nonassignable in whole or in part without the consent of the DEPARTMENT. v. This AGREEMENT, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. �I _ N t•_ut City Manager Attest: (SEAL) City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: In District Secretary Attest: (SEAL) Executive Secretary LEGAL REVIEW: By: City Attorney District Chief Counsel Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 5 of 7 , EXHIBIT `A' PROJECT LIMITS Below are the limits of the storm water pump station to be maintained under this AGREEMENT. State Road Number: 5Brickell Avenue AGREEMENT Limits: From SE 25th Street (M.P. 8.846) to SE 5th Street (M.P.10.405) COUNTY: Miami -Dade Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 6 of 7 EXHIBIT `B' CITY OF MIAMI RESOLUTION Attached hereto and incorporated herein by reference once ratified by the CITY Council. Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 7 of 7