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HomeMy WebLinkAboutExhibitSTORM WATER PUMP STATION MAINTENANCE AGREEMENT Between THE FLORIDA DEPARTMENT OF TRANSPORTATION And 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 CITY of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI, a municipal corporation of the State of Florida, existing under the laws of Florida, hereinafter called the CITY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road 5/ Brickell Ave corridor as part of the State of Florida Highway System; and WHEREAS, the CITY has requested that the DEPARTMENT improve drainage within the CITY limits on State Road (SR) 5/Brickell Avenue from SE 25th Road to SE 4th Street ("PROJECT LIMITS"), and the DEPARTMENT is willing to do so subject to the terms and conditions identified herein; and WHEREAS, the DEPARTMENT is installing one drainage pump station within the PROJECT LIMITS as part of state Financial Project Number 412473-1-52-01 ("PROJECT"). The pump station system serves as the drainage basin for the intersection of SR 5/Brickell Avenue at Coral Way (SE 13th Street); 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, `CITY RESOLUTION', 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: Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 1 of 8 1. The DEPARTMENT, under Financial Project Number 412473-1-52-01, hereby agrees to install and construct the PROJECT as specified in the attached Exhibit A, `PLANS AND SPECIFICATIONS', which is incorporated herein by reference. If it becomes necessary to provide utilities (electricity) to the pump station which serves the intersection of SR 5/Brickell Avenue at Coral Way (SE 13th Street) and is installed under this project, the CITY shall be responsible for any fees associated with the maintenance of these services. The above -named functions to be performed by the CITY 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 said plans without written approval of the DEPARTMENT. 2. The CITY agrees to routinely and periodically maintain and operate, in perpetuity and as specified herein, the storm water pump station. Upon completion of the PROJECT, the CITY will be responsible for the routine operations and maintenance of the storm water pump station installed by the DEPARTMENT within the PROJECT LIMITS. 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, filters, labor, and other incidental maintenance and operations items. Excluded from Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 2 of 8 the responsibility of the CITY are all major repairs and replacement of the pump station components, such as controls, pumps and motors. I. 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. J. 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. The above -named functions to be performed by the CITY 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 said plans without written approval of the DEPARTMENT. 3. If at any time after the CITY has assumed the pump station maintenance responsibilities above -mentioned, it shall come to the attention of the DEPARTMENT's District Secretary that the PROJECT LIMITS or a part thereof are not properly maintained pursuant to the terms of this Agreement, said District Secretary may, at his option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the CITY placing said CITY on notice thereof. Thereafter, the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: (a) Maintain the pump station, or a part thereof, with DEPARTMENT or contractor's personnel and invoice the CITY for expenses incurred; or (b) Terminate the Agreement in accordance with Paragraph 5 of this Agreement and remove, by DEPARTMENT or contractor's personnel, the pump station installed under this Agreement and charge the CITY the reasonable cost of such removal. 4. It is understood between the parties hereto that the pump station covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The CITY shall be given sixty (60) calendar days notice to remove Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 3 of 8 said pump station, after which time the DEPARTMENT may remove same. 5. This Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the CITY fails to perform its duties under Paragraphs 2 and 3, following thirty (30) days written notice. (b) By the DEPARTMENT, for refusal by the CITY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CITY in conjunction with this Agreement. (c) By the CITY when it does not have unencumbered, available and allocated funding to performs its duties under this Agreement. 6. The tern of this Agreement cornrnences upon execution by both parties. 7. To the extent permitted by law, the CITY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the CITY's negligent performance of the work under this Agreement, or due to the failure of the CITY to maintain the PROJECT in conformance with the standards described in Paragraphs 2 and 3 of this Agreement. To the extent permitted by law, the DEPARTMENT shall indemnify and hold harmless the CITY, its officers and employees from all suits, actions, claims and liability arising out of the DEPARTMENT's negligent performance of major repairs or replacements necessary to maintain the Project. 8. 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 and superseded hereby. 9. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terns, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a tern for a period of more than 1 year. Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 4 of 8 10. 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. 11. This Agreement may not be assigned or transferred by the CITY in whole or part without the consent of the DEPARTMENT. 12. This Agreement 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. 13. Any and all notices given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the Following addresses: If to the Department: Florida Department of Transportation 1000 NW 111th Avenue Miami, FL 33172 Attention: Maintenance Engineer If to the CITY: City of Miami 444 SW 2nd Avenue Miami, FL 33130 Attention: City Manager Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 5 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. CITY OF MIAMI: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: By: By: City Manager District Secretary Attest: (SEAL) Attest: (SEAL) City Clerk Executive Secretary LEGAL REVIEW: By: By: City Attorney District Chief Counsel Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 6 of 8 EXHIBIT 'A' PLANS AND SPECIFICATIONS The DEPARTMENT agrees to install and construct the PROJECT with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: TY Lin International. Dated: 2009 Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 7 of 8 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 8 of 8