Loading...
HomeMy WebLinkAboutR-88-0038J-88-40 12/11/87 RESOLUTION NO. 980'"313 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $58,500 FROM THE BISCAYNE BAY RESTORATION AND ENHANCEMENT PROGRAM FOR THE STABILIZATION OF THE SHORELINE ALONG SEWELL PARK, CAPITAL PROJECT NO. 331304; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT IMPLEMENTING SAID GRANT AND TO IMPLEMENT SAID PROJECT SUBJECT TO APPLICABLE CITY CODE PROVISIONS. WHEREAS, the City has been awarded a grant in the amount of $58,500 from the Biscayne Bay Restoration and Enhancement Program for the stabilization of the shoreline along Sewell Park; and WHEREAS, the matching funds in the amount of $58,500 are available from the FY'88 General Fund; and WHEREAS, said grant funds and matching amounts were appropriated by Ordinance No. 10347, the FY'88 Capital Appropriations Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to accept a grant in the amount uY $58,500 from the Biscayne Bay Restoration and Enhancement Program. Section 2. The City Manager is further authorized to execute the attached agreement with Metropolitan Dade County implementing said grant, and to implement said project, subject to applicable City Code provisions. PASSED AND ADOPTED this 14th day of January . 1988. XAVIER MAY Y ATTE Matt irai, City Clerk CITY COMMISSION MEETING OF JAN 14 1988 14 2 PREPARED AND APPROVED BY: zo-za /' Robert F. Clark Chief Deputy City Attorney APPRO ED i*S TU FORM AND CURRECI'NESS: a A. ll ugherty _ City Attorney APPROVED: Director of Manage nt and Budget APPROVED: Car o arcia, Director Finan Department APPROVED: o Rodriguez, Director ning Department AGREEMENT Y This AGREEMENT, made and entered into this day of 1987, by and between the Dade County board of County Commissioners hereinafter referred to as the County, a political subdivision of the State of Florida, and the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the City. RECITAL: WHEREAS, Dade County has entered a cost -reimbursement agreement with the State of Florida Department of Environmental Regulation for funds to restore Biscayne Bay and the Miami River, and; WHEREAS, Dade County has proposed to use a portion of these funds for the placement of riprap on unconsolidated shorelines of the Miami River, and; WHEREAS, the shoreline of Sewell Park in the City of Miami is unconsolidated and is being eroded by boat wakes and currents and has been selected for stabilization, and; "WHEREAS, the City of Miami will provide matching funds required to complete stabilization of the entire Sewell Park shoreline, and; WHEREAS, the purpose of this agreement is to set out the responsibilities of both Dade County and the City of Miami, NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, and for other good and valuable consideration, the parties hereby agree as follows: SECTION 1. - LOCATION The location of the initial restoration site is known as Sewell Park within the City of Miami on the south shoreline of the Miami River, west of 17th Avenue. THe site is more particularly described as indicated on Attachment A of the agreement (Legal description to be provided by the City). The restoration of additional sites will be contingent upon the availability of funds upon the completi�Qnll, �l>il�e�inewel ParkFOR ,1VEK . IDENTIFY A ItKV1EW, PLEASP,ASsite , 7— �.� IV SECTION It. - RESTORATION ACTIVITIES CONTEMPLATED The following shoreline restoration activities are contem- plated by the City and County at Sewell Park: 1. Clean up of existing shoreline through the removal of trash and litter. 2. Installation of natural material riprap, associated filter fabric, and bedding material along the shoreline. There will be no dredging or placement of fill. SECTION III. - RESPONSIBILITIES A. CITY The City shall at its expense prepare conceptual drawings sufficient to obtain necessary permits and State approval of the project and shall at its expense prepare construction plans and specifications necessary for use in the City's contractor bid process. The drawings, construction plans, and specifications shall be submitted to the County for approval. M The City shall obtain required permits from the State Department of Environmental Regulation, the U.S. Army Corps of Engineers, Dade County, and the City. The City shall formally let for bids and award con- tracts for construction, and implementation of the restoration activities. The City may elect to perform any portions of the restoration activity without the use of contractors, provided that the proposed work and estimated costs are approved by the County in advance. B. COUNTY The County shall review and comment on drawings, construction plans and specifications and will coordinate review and approval of all phases of the project by the State Department of Environmental Regulation. l98-3d SECTION IV. - COMPENSATION AND PAYMENTS A. AMOUNT OF FUNDING The County shall commit up to $60,000 for this project, of which not more than $1,500 may be retained by the County for professional and technical services associ- ated with contract coordination. The County shall pay the City the remainder of the $60,000 or $58,500, whichever is more, on a cost reimbursement basis for satisfactory implementation of restoration activities. Of this amount, not more than $4,100 may be used by the City for professional services associated with design, planning, or securing permits. The City shall commit an amount equal to or more than the amount provided by the County. The matching amount may include expenditures for materials, construction, fees, contractual services, or professional services provided by the City in connection with implementation of the riprap project. B. PAYMENTS 1. The City shall pay the contractor for materials or services. 2. After payment to the contractor, the City may invoice the County for reimbursement. Invoices must be itemized in accordance with authorized categories listed below. Detailed documentation is required in accordance with Section 287.058, Florida Statutes, for all costs paid with State funds. The City shall not be reimbursed for _ overhead or indirect costs. a) Salaries/Wages - List personnel involved, salary rates and hours/time spent on project 1 to document total dollar amount claimed. b) Fringe benefits - shall be calculated at a rate not to exceed 29% of base salary. —a 3 �8"�� c) Contractual - Reimbursement requests for payments to Contractors must be substantiated by copies of invoices corresponding to quantities and items described in bid docu- ments. d) Other Expenses - (Expendable materials, supplies, permit fees, advertising, reproduc- tion, etc.) Must be documented by itemizing and including copies of receipts, requi- sitions or invoices. C. This contract is subject to the availability of funds or continuation of funding anticipated at the time of execution. Should funding be discontinued or reduced, _ this contract will be terminated or amended, as appro- priate. In this event, the City shall be compensated for work or services completed. SECTION V. - RIGHTS OF DECISIONS The County may, upon obtaining the City's consent, delete or modify any or all portions of the restoration activities listed in Section II of this agreement depending upon the bid price for construction, the availability of funds or the ability to receive the required permits. SECTION VI. - HOLD HAR14LESS After completion of all restoration and construction activities, the City will hold the County harmless from any and all subse- quent claims resulting from any injuries which may result from activities, construction or maintenance associated with this agreement, except that the County will continue to be responsible for its own negligence. Indemnification under this provision shall be to the extent and limit set by Chapter 768, Florida Statutes. SECTION VII. - AMENDMENT. TERMINATION. AND EXTENSIONS ' Amendments to this Agreement may be made at any time if mutually agreed to by both the County and the City. This Agreement may be 4 f38-3� terminated if mutually agreed to by both the County and the City. Extension to this Agreement must be made in writing prior to the termination of this Agreement. SECTION VIII. - CONSTRUCTION AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. IN WITNESS WHEREOF the parties hereto have, through their proper corporate officials, executed this Agreement, the day and year first above set forth. DADE COUNTY, FLORIDA CITY OF MIAMI (a municipal corporation of the State of Florida) By: By: Cesar H. Odio Assistant County Manager City Manager Attested: Attested: By: By: Matty Hirai Deputy Clerk City Clerk 5 Sfa-3Ei P OVEID AS TO ,1 RANCEe"QUI E S 1 URANCE MA A APPROVED AS TO FORM AND CORRECTNESS: City Attorney APPROVED AS TO CONTENT: Director, Department o Parka, Recreation and Public Facilities 6 10 CITY OF MIAMI, FLORIDA 17 INTER -OFFICE MEMORANDUM t0. Honorable Mayor and OATEN JAN 51988 FILE. Members of the Commission SUBJECT Resolution authorizing the Execution of a Grant Agreement FROM Cesar H. Od REFERENCES City Kanager ENCLOSURES. Recommendation: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the acceptance of a $58,500 grant for shoreline stabilization in Sewell Park, from the Biscayne Bay Restoration and Enhancement Program, and also authorizing the execution of the grant agreement and the implementation of the project. Background: The Parks, Recreation and Public Facilities Department has prepared the attached legislation. The riverfront shorelines of several City properties, particularly that of Sewell Park, have become badly eroded, adding to the siltation of the Miami River, and ultimately, decreasing the quality of the marine ecosystem in Biscayne Bay. Recently, the City was awarded a grant in the amount of $580500 from the Biscayne Bay Restoration and Enhancement Program to stabilize these shorelines with limestone rip rap, starting with Sewell Park. The grant funds and the City's match, also in the amount of 458,500, were recently appropriated by the FY'88 Capital Appropriations Ordinance. The adoption of this resolution will authorize the necessary actions to implement this project. %-/ r