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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-0151 Temp. Reso. No. 10623 January 18, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT NO. 01 TO AGREEMENT NO. OT040732 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF TAMARAC FOR THE CITY OF TAMARAC STORMWATER PUMP STATION REHABILITATION PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac sought funds through the South Florida Water Management District (SFWMD) to help defray the cost of replacement of the pump stations; and WHEREAS, the City of Tamarac has been awarded funds by the SFWMD in the amount of $450,000.00 through the Local Partnership Project program to offset costs associated with site preparation and purchase of the pumps for the City's Stormwater Pump Station Rehabilitation Project; and WHEREAS, in order to avail itself of these funds, the City of Tamarac executed Agreement No. OT040732 between the South Florida Water Management District and the City of Tamarac through Resolution R-2004-137 on June 9, 2004, hereto attached as Exhibit 1; and WHEREAS, subsequent to the execution of this Agreement, the South Florida Water Management District has requested an Amendment to provide for extending the expiration date an additional year, the provision of an additional $250,000.00, and modifications to Statement of Work to accommodate these changes; and Temp. Reso. No. 10623 January 18, 2005 Page 2 WHEREAS, the Director of Public Works recommends approval a execution of Amendment No. 01 to Agreement No. OT040732 between the Florida Water Management District and the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it be in the best interest of the citizens and residents of the City of Tamarac to Amendment No. 01 to Agreement No. OT040732 between the South Florida W Management District and the City of Tamarac to provide for an extended expi date and additional funds for the Stormwater Pump Station Rehabilitation Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION O THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified an confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are HEREBY authorized execute Amendment No. 01 to Agreement No. OT040732 between the South Florid Water Management District and the City of Tamarac, hereto attached as Exhibit 2. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolutio is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portion or applications of this resolution. 1 1 H Temp. Reso. No. 10623 January 18, 2005 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 9th day of February, 2005. ATTEST: �h - MARION SW SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. E I,- SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS MITCHELL S. KRAFT VANESSA T. STEINERTS CITY ATTORNEY Assistant City Attorney J-GLLLF. L\GOW. 1VVLJ Exhibit 1 1 1 Temp. Reso. No. 10468 May 26, 2004 Page 1 of 3 Revision #1 — 5/26/04 Revision #2 — 6/2/04 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- �3 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICALS TO EXECUTE A LOCAL GOVERNMENTAL AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF TAMARAC FOR THE CITY OF TAMARAC STORMWATER PUMP STATION REHABILITATION PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac's three Stormwater Pump Stations located along Southgate Boulevard are obsolete and in need of replacement; and WHEREAS, the City of Tamarac sought funds through the South Florida Water Management District (SFWMD) to help defray the cost of replacement of the pump stations; and WHEREAS, the City of Tamarac has been awarded funds by the SFWMD in the amount of $450,000.00 through the Local Partnership Project program to offset costs associated with site preparation and purchase of the pumps for the City's Stormwater Pump Station Rehabilitation Project; and WHEREAS, in order to avail itself of these funds, the City of Tamarac must execute the South Florida Water Management District Local Governmental. Agreement (attached hereto as Exhibit 1); and Temp. R so. No. 10468 May 26, 2004 Page 2 of 3 Revisio #1 — 5/26/04 Revisi n #2 — 6/2/04 WHEREAS, the Director of Public Works recommends pproval and execution of the Agreement; and WHEREAS, the City Commission of the City of Tamarac, Flori 6 deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute a Local Governmental Agreement with the South Florida Water Management District providing for funding for the Stormwater Pump Station Rehabilitation Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are HEREBY authorized to execute a Local Governmental Agreement between the South Florida Water Management District and City of Tamarac attached hereto as Exhibit 1. SECTION 3: All Resolutions or parts of Resolution4 in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutionzil or invalid, in part of application, it shall not affect the validity of the remaining portion or applications of this resolution. 1 1 1 SECTION 5 upon its passage and adoption.. Temp. Reso. No. 10468 May 26, 2004 Page 3 of 3 Revision #1 — 5/26/04 Revision #2 -- 6/2104 This Resolution shall become effective immediately PASSED, ADOPTED AND APPROVED THIS 9t" day of June, 2004. ATTEST: MARION SWENSON, CMC G1TY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KftAFT CITY ATTORNEY iESCHREIBER OR RECORD OF COMMISSION VOT MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS ILL . Reso. #104 l WE- `z�: ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGRE AGREEMENT NO. BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT CITY OF TAMARAC THIS AGREEMENT is entered into as of the 9 a� ,emu Ne, XM by and Water Management District (DISTRICT) and the City of Tamarac (CITY). 1. The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set attached hereto and made a part hereof, subject to availability of appropriated funds and in a respective authorities for STORMWATER PUMP STATION REHABILITATION PROJE 2. The period of performance of this AGREEMENT shall commence on the date o AGREEMENT and shall continue for a period of One (1) Year. The total DISTRICT contribution shall not exceed the amount of Four Hundred Fifty Thoi Cents ($450,000.00). The DISTRICT will provide the full amount through two equal is installment shall be fifty percent (50%) of the total AGREEMENT amount and will DISTRICT upon execution of this AGREEMENT. The remaining fifty percent (50%) wi the DISTRICT upon completion of the project. The DISTRICT's contribution is st documentation to support actual cxpenditures within the not -to -exceed AGREEMENT fun Four Hundred Fifty Thousand Dollars and No Cents ($450,000.00). In no event shall the for any contribution hereunder in excess of this amount. 4. The CITY shall submit quarterly financial reports to the DISTRICT providing a d expenditures incurred hereunder throughout the term of this AGREEMENT. The document the amount of funds expended per month during the quarterly rel AGREEMENT expenditures to date. the South Florida in Exhibit "A" ante with their execution of this and Dollars and No tallments. The first e provided by the be provided by lect to adequate j ng limitation of (STRICT be liable accounting of all shall report and period and the 5. The CITY shall cost share in the total amount of Three Million Seven Hundred Fifty-Fo Thousand Dollars and No Cents ($3,754,000.00) in conformity with the laws and regulations governing the CI 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statemen of Work, which is attached hereto and made a part of this AGREEMENT. The CITY shall submit quarterly progress reports'; detailing the status of work to date for each task. The work specified in Exhibit "A" shall b under the direction of the CITY but shall be open to periodic review and inspection of either party. No work set forth in Exhibit "A" shall be performed beyond (completion date) unless authorized through execution of an amendment to cover succeeding periods. 7. The CITY is hereby authorized to contract with third parties (subcontracts) for engineerig and construction services awarded through a competitive process required by Florida Statutes. The CITY s all not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The CITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any Is subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Both the DISTRICT and the CITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be the property of the CITY upon completion of this AGREEMENT. Ile CITY shall retain all ownership to tangible property. 9. 'Me CITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the CITY and the officers , employees, servants, and agents thereof Ile CITY represents that it is self -funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the CITY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the CITY subcontracts any part or all of the work hereunder to any third party, the CITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the CITY. Any contract awarded by the CITY shall include a provision whereby the CITY's subcontractor agrees to defend, indemnify, and pay on behalf, save and bold the DISTRICT harmless from all damages arising in connection with the CITY's subcontract. 10. Tbe CITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT assure that no Pei -son shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 12. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the CITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT, The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 13. The CITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the perfon-nance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the CITY for authorized work performed through the termination date shall be returned to the DISTRICT. 15. The CITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the CITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the CITY. 16. The CITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The CITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The CITY shall maintain all financial and non -financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMEN,r including support� documentation for any service rates, expenses, research or reports. Such records shall b.. maintained and tnAd available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Ex-amination of Re The DISTRICT or designated agent shall have the ri�ht to exarruine in �Sords: accordance with genera lly accepted governmental auditing standards all records dir�ctly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the expiration date of this AGREEMENT. C. Extended AvaLlabiliV of Records, for Leeal Disnutes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the CITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 17. All notices or other communication regarding this AGREEMENT shall be in writing and rwarded to the attention of the following individuals: South Florida Water Management District Attn: Laura Corry, Project Manager Phone No. (954) 713-3200 Ext. 4987 Broward Service Center 8211 West Broward Blvd., PH3, Plantation, Florida 33324 Attn: Rupert Giroux, Contract Specialist Phone No. (561) 682-2532 P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 City of Tamarac Attn: Jeffrey Miller, Project Phone No. (954) 724-1230 7525 N.W. 88h Avenue Tamarac, FL 33321 With a copy to the Clty Attorn at the same address.t' CITY recognizes that any representations, statenwrits or negotiations made by DISTRICT sl�ff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 19. This AGREEMENT may be amended, extended or renewed only with the written appro al of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMEN�, if required. 2o. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perfonn beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity, 21. Should any term or provision of this AGRYKEM[ENT be held, to any extent invalid or enforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any f0rUm Of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 22. Failures or waivers to insist on strict perforn-once of any covenant, conclition, or p vision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, n r shall it relieve �r the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be lirnited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 23. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT. with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non -binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 24. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1-- 23 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SF1 PROCURIEME AP OVED By: ,t\ Date: Approved to, form 1 WlaMitchel City Attorney • SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Director of Procurement CITY OF TAMARAC *�-- T By: %� J*f/evy Miller Title:- City Manager Joe 4 reiber Title: Mavor Temp. xe . SIU4bU Exhibit " N' Statement of Work City of Tamarac Stormwater Pump Station Rehabilitation Projec Stormwater Improvements and Stormwater Pump Replacement A. Introduction/Background The City of Tamarac will replace three 30-year old stormwater pump static transfer water from the City's closed canal system to the SFWMD's C-14 1 These pumps provide flood control to 35,000 residents and thousands of businesses located in the 7 square mile basin area, as well as several neighboring communities and University Drive (State Road 817), which is North -South thoroughfare in western Broward County. The basin is boun the west by the Everglades Conservation Area 2a. The C-14 Canal disch into the Atlantic Ocean during normal operations, but can backflow into th Everglades Conservation Area during drought periods such as those experienced in the last two years. The basin is in a 100-year flood plain, AH zone, per the Federal Emer Management Agency's most recent surveys. The existing pumps are per 01 well below capacity, are obsolete, and fail frequently. The degraded purr capacity has resulted in minor to severe roadway flooding and has threat( private residences and businesses throughout the basin. The flooding ca pollutants and solids to wash into the canal system and also increases thi possibility of exfiltration and infiltration in the wastewater system. The replacement pump stations will incorporate new design features to allevia flooding and help prevent pollutants from entering the C-14 canal. • This project is part of an ongoing City plan to alleviate flooding and addre; environmental issues associated with stormwater. In 1998 the City comm a road reconstruction project throughout the City to improve storm drainac add swale areas along roadways. The swales provide a retention area to pollutants and solids to settle out instead of flowing directly into the City's The road reconstruction projects will be complete by the end of 2005. Alc the stormwater pump station replacements, the City also has $6,410,000 dredging, bridge improvements, and other drainage improvements planne the next five years. These projects will provide further enhancement to th health and environmental benefits. that nal. I major ad on rges cy ling ed and Ilow finals. ] with canal over public Page 1 of 3, Exhibit "A", Agreement OT040732 • B. Objectives This project encompasses stormwater related improvements and the replacement of old, failing stormwater pumps. The new pump station design includes reshaping of canal sections and pump station bonds, optimizing inlet and outfall efficiencies, rehabilitating pump station buildings, and planting new landscaping to match citywide theme. These changes will be in line with current citywide stormwater practices to favour percolation prior to drainage. These practices allow more time for pollutants and particles to settle to the bottom instead of being pumped into the C-14 canal. This will reduce the environmental threat to the Atlantic Ocean and the Everglades caused by the pollutants in the stormwater. The new pumps will be equipped with automated and remote response to allow City staff to start pumping prior to a forecasted storm in order to create reserve capacity within the City's canal system. For most storms of average magnitude, this advance preparation will allow a temporary pump shutdown during the "first flush" of stormwater that contains most of the pollutants entering the system. Pumping would resume once the pollutants in the "first flush" have settled to the bottom. The City is replacing its three pump stations along the c-14 canal; east, central and west. This replacement includes the installation of eight (8) new 35,000 gpm axial flow pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, the demolition and removal of existing buildings, headwalls, piping, equipment, and wiring, and the construction of new buildings and structures, and all associated appurtenances at a total project cost of $4,204,000.00. This construction will take place in two phases with the central and west pumps being replaced in phase I and east pumps/station being replaced in phase Il. C. Scope of Work Under the terms of this agreement, the City will utilize funds provided by the Water Management District to offset Phase I construction costs connected with site preparation ($200,000) and to offset purchase costs of the 5 pumps ($250,000) which will be installed in the Central and West stations, as reflected in sections D and E. Page 2 of 3, Exbibit "A", Agreement OT040732 D. Work Breakdown Structure Phase 1 - Site Preparation for Central and West Pump Stations The City of Tamarac shall prepare the site for construction of the Central west Pump Stations. Task to be completed within 100 days after Agreerr execution. Phase 1 — Purchase of Six (6) axial flow pumps for installation in Central West Pump Stations The City of Tamarac shall purchase six (6) Axial Flow Pumps for installati the, West, and Central Pump stations. Task to be completed by June 30,' Deliverable: Paid invoice E. Summary Schedule of Tasks and Deliverables Phase I construction shall be completed with 365 days from the issuance notice to proceed. Phase I — Central and West Pump Stations in Task Deliverables Due Date (from District not -to - Agreement date) exceed Payment N/A Executed N/A $22 Agreement ,000.00 Site Completion Report 100 days $0 Preparation Purchase of 6 Paid Invoice $226'OOOAO axial flow 365 days pumps Total $450 !000.00 Page 3 of 3, Exhibit "A", Agreement On40732 Temp. Reao. #10468 ORIGINAL 0 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. BETWEENTHE SOUTH FLORIDA WATER MANAGEMENT DISTRICT V� I FJ CITY OF TAMARAC THIS AGREEMENT is entered into as of the '? -A a,4 , —rl,, m by and between the South Florida Water Management District (DISTRICT) and the —City oQfT61—arac (CITY), The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of appropriated funds and in accordance with their respective authorities for STORMWATER PUMP STATION REHABILITATION PROJECT, 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of One (1) Year, The total DISTRICT contribution shall not exceed the amount of Four Hundred Fifty Thousand Dollars and No Cents ($450,000,00). The DISTRICT will provide the full amount through two equal installments, The first installment shall be fifty percent (50%) of the total AGREEMENT amount and will be provided by the DISTRICT upon execution of this AGREEMENT. The remaining fifty percent (50%) will be provided by the DISTRICT upon completion of the project. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to -exceed AGREEMENT funding limitation of Four Hundred Fifty Thousand Dollars and No Cents ($450,000.00). In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. 4. The CITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The CITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date. The CITY shall cost share, in the total amount of Three Million Seven Hundred Fifty -Four Thousand Dollars and No Cents ($3,754,000.00) in conformity with the laws and regulations governing the CITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a Part of this AGREEMENT, The CITY shall submit quarterly progress reports detailing the status of work to date for each task, The work specified in Exhibit "A" shall be under the direction of the CITY but shall be open to periodic review and inspection of either party, No work set forth in Exhibit "A" shall be performed beyond (completion date) unless authorized through execution of an amendment to cover succeeding periods. The CITY is hereby authorized to contract with third parties (subcontracts) for engineering and construction services awarded through a competitive process required by Florida Statutes. The CITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior writien consent of the DISTRICT's Project Manager. The CITY agrees to be responsible for the fulfillment 0 all work elements o i included in any subcontract and agrees to be responsible for the payment of all m )ies due under any subcontract. It is understood and agreed by the CITY that the DISTRICT shall no be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Both the DISTRICT and the CITY shall have joint ownership rights to all work iten limited to, all documents, technical reports, research notes, scientific data, computer prc source and object code, which are developed, created or otherwise originated hereunder I subcontractor(s), assign(s), agcnt(s) and/or successor(s) as required by the Exhibit "A", Both parties' rights to deliverables received under this AGREEMENT shall include perpetual right to use, reproduce, modify and distribute such deliverables at no ad other party. Notwithstanding the foregoing, ownership of all equipment and hardware pui under this AGREEMENT shall be deemed to be the property of the CITY upon AGREEMENT, The CITY shall retain all ownership to tangible property. The CITY, to the extent perrriitted by law, assumes any and all risks of personal injury property damage attributable to negligent acts or omissions of the CITY and the officers, e and agents thereof. The CITY represents that it is self -funded for Worker's Compen., insurance, covering bodily injury, personal injury and property damage, with such protectio to the CITY, its officers and employees while acting within the scope of their employment i of under this AGREEMENT. In the event that the CITY subcontracts any part or all of thg any third -party, the CITY shall require each and every subcontractor to identify the DISTRI, insured on all insurance policies as required by the CITY. Any contract awarded by the C1 provision whereby the CITY's subcontractor agrees to defend, inderrmify, and pay on bchal, DISTRICT harrnless from all damages arising in connection with the CITY's subcontract. including but not ams, including the the other party, its tatemcnt of Work. �e unrestricted and tional cost to the iased by the CITY :ormletion of this bodily injury and nployecs, servants, ation and liability �n being applicable [uring performance work hereunder to _"T as an additional TY shall include a ; save and hold the 10, The CITY and the DISTRICT further agree that nothing contained herein shall be constru d or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of tie State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768,28, Florida Statuies. 11. The parties to this AGREEMENT assure that no person shall be excluded on the grounds o race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be oth �rwise subjected to discrimination in any activity under this AGREEMENT, 12. The parties to this AGREEMENT are independent entities and are not employees or agents f the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than bat of independent entities, between the DISTRICT, the CITY, their employees, agents, subcontractors or assi s, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, dc gate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior wr tten consent of the other parties. Any attempted assignment in violation of this provision shall be void. 13. The CITY, its employees, subcontractors or assigns, shall comply with all applicable fede 1, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT #ndertakes no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of tern-driation, all funds not expend by the CITY for authorized work performed through the termination date shall be returned to the DISTIUCT. ��t 15. Ile CITY shall allow public access to all project documents and materials in accordance w the provisions of Chapter 119, Florida Statutes. Should the CITY assert any exemptions to the requirements of Chapter 119 an& related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law,! shall be upon the CITY. 16. The CITY shall maintain records and the DISTRICT shall have inspection and audit rights bel w. The CITY shall similarly require each subcontractor to maintain and'allow access to such records for audit purpo�es: A, L4aintenance of Records: The CITY shall maintain all financial and non -financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. ExteriftdAvailabilfty of Regords foLLeg_al Disputes: In the event that the DISTRICT should becotne involved in a legal dispute with a third party arising from performance under this AGREEMENT, the CITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 17. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District City of Tamarac Attn: Laura Corry, Project Manager Attn: Jeffrey Miller, Project Manager Phone No. (954) 713-3200 Ext. 4987 Phone No. (954) 724-1230 Broward Service Center 7525 N.W, 88th Avenue 8 211 West Broward Blvd., PH3, Tamarac, FL 33321 Plantation, Florida 33324 Attn: Rupert Giroux, Contract Specialist With a copy to the City Attorneir at the same address. Phone No. (561) 682-2532 P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 18. CITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 19. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 2o. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective patties would otherwise have, under law or at equity. 21, Should any term or provision of this AGREEMENT be held, to any extent invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by low. 22. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve • the other party from performing any subsequent obligations strictly in accordance with the ems of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 23. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be sub fitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to reso ve the issue through negotiation or other forms of non -binding alternative dispute resolution mutually accel table to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such 'spute. 24. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1— 23 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference 25. This AGREEMENT states the entire understanding and agreement between the parties and supe edes any and all written or oral representations, statements, negotiations, or agreements previously existinj between the parties with respect to the subject matter of this AGREEMENT. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this on the date first written above. S D PROC ME AP OVED 1B Date. Approv as f a le a s fi i� City Attorney cy: SOUTH FLORIDA WATER MANAGEMENT 0 Frank Hayden, Director of Procurement CITY OF TAMA`RAC By; Jeff y Miler City Manager Title: By: a C..z..- Joe ACfireiber Title: Mavor Temp. Reso. #10468 0 Exhibit "A" Statement of Work City of Tamarac Stormwater Pump Station Rehabilitation Project Stormwater Improvements and Stormwater Pump Replacement A. Introduction/Background The City of Tamarac will replace three 30-year old stormwater pump stations that transfer water from the City's closed canal system to the SFWMD's C-14 Canal. These pumps provide flood control to 35,000 residents and thousands of businesses located in the 7 square mile basin area, as well as several neighboring communities and University Drive (State Road 817), which is a major North -South thoroughfare in western Broward County. The basin is bounded on the west by the Everglades Conservation Area 2a. The C-14 Canal discharges into the Atlantic Ocean during normal operations, but can backflow into the Everglades Conservation Area during drought periods such as those experienced in the last two years. The basin is in a 100-year flood plain, AH zone, per the Federal Emergency Management Agency's most recent surveys. The existing pumps are performing well below capacity, are obsolete, and fail frequently. The degraded pump capacity has resulted in minor to severe roadway flooding and has threatened private residences and businesses throughout the basin. The flooding causes pollutants and solids to wash into the canal system and also increases the possibility of exfiltration and infiltration in the wastewater system. The replacement pump stations will incorporate new design features to alleviate flooding and help prevent pollutants from entering the C-14 canal. This project is part of an ongoing City plan to alleviate flooding and address environmental issues associated with stormwater. In 1998 the City commenced a road reconstruction project throughout the City to improve storm drainage and add swale areas along roadways. The swales provide a retention area to allow pollutants and solids to settle out instead of flowing directly into the City's canals. The road reconstruction projects will be complete by the end of 2005. Along with the stormwater pump station replacements, the City also has $6,410,000 in canal dredging, bridge improvements, and other drainage improvements planned over the next five years. These projects will provide further enhancement to the public health and environmental benefits. C' J 0 B. Objectives This project encompasses stormwater related improvements and the replacement of old, failing stormwater pumps. The new pump station design includes reshaping of canal sections and pu p station bonds, optimizing inlet and outfall efficiencies, rehabilitating pump s ation buildings, and planting new landscaping to match citywide theme. These changes will be in line with current citywide stormwater practices to favour percolation prior to drainage. These practices allow more time for pollutants and particles to settle to the bottom instead of being pumped into the C-14 canE 1. This will reduce the environmental threat to the Atlantic Ocean and the Everglades caused by the pollutants in the stormwater. The new pumps will be equipped with automated and remote response to Z How City staff to start pumping prior to a forecasted storm in order to create reserve capacity within the City's canal system. For most storms of average magni ude, this advance preparation will allow a temporary pump shutdown during the "first flush" of stormwater that contains most of the pollutants entering the syste . Pumping would resume once the pollutants in the "first flush" have settled t the bottom. . The City is replacing its three pump stations along the c-14 canal; east, cer trai and west. This replacement includes the installation of eight (8) new 35,00) gpm axial flow pumps, generators, electrical controls, bar screens, pump discha ge and bypass piping, flap -gates, the demolition and removal of existing buildi 19s, headwalls, piping, equipment, and wiring, and the construction of new buildings and structures, and all associated appurtenances at a total project cost of $4,204,000.00. This construction will take place in two phases with the central and west pumps being replaced in phase I and east pumps/station being replaced in phase II. C. Scope of Work Under the terms of this agreement, the City will utilize funds provided by th Water Management District to offset Phase I construction costs connected with site preparation ($200,000) and to offset purchase costs of the 6 pumps ($250,000) which will be installed in the Central and West stations, as reflected in sections D and E. 0 • L� C7 D. Work Breakdown Structure Phase 1 - Site Preparation for Central and West Pump Stations The City of Tamarac shall prepare the site for construction of the Central and west Pump Stations. Task to be completed within 100 days after Agreement execution. Phase 1 -- Purchase of Six (6) axial flow pumps for installation in Central and West Pump Stations The City of Tamarac shall purchase six (6) Axial Flow Pumps for installation in the, West, and Central Pump stations. Task to be completed by June 30, 2005 Deliverable: Paid invoice E. Summary Schedule of Tasks and Deliverables Phase I construction shall be completed with 365 days from the issuance of notice to proceed. Phase I — Central and West Pump Stations Task Deliverables Due Date (from Agreement date) N/A Site Preparation Purchase of 6 axial flow pumas Executed A regiment Completion Report Paid Invoice N/A 100 days 365 days Total District not -to - exceed Payment $225, 000.00 $0 $225,000.00 $450,000.00 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686-8800 • FL WArS 1-800-432-2045 �%�Jv Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 - www.sfwmd.gov ADM 28.06 June 21, 2004 Mr. Jeffrey Miller City Manager City of Tamarac 7525 NW 88th Ave. Tamarac, FL 33321-2401 Ct: A (. Ak "' fU) Subject: Contract No. OT040732 Stormwater Pump Station Rehabilitation project Dear Mr. Miller: Enclosed please find one (1) fully executed copy of the above refere you have any questions, please contact me at (561) 682-2532. Thank you for your efforts on behalf of the District. Sincerely, RuperGiroux Contracts Specialist Procurement Department RP/sj Enclosure c: Lori 0jala-6115 Laura Corry-6840 (561) 697-2574 co l�� if a 0-- GOVERNING; BOARD EXECUTIVE. C Nicoliis J. Gutierrez, Jr., Esq., Chair Michael Collins Kevin McCarty Henry Dean, Pmtnala Rrnnks-Thnrnas. Vice -Chair Hueh M. EnRlish Harkley R. Thornton Din'rh)r Temp. Reso. #10468 ORIGINAL 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO.OT040732 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT DO] CITY OF TAMARAC JUN 17 2004 THIS AGREEMENT is entered into as of the by and between the South Florida Water Management District (DISTRICT) and the City of Tamarac (CITY). 1, The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of appropriated funds and in accordance with their respective authorities for STORMWATER PUMP STATION REHABILITATION PROJECT. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of One (1) Year. The total DISTRICT contribution shall not exceed the amount of Four Hundred Fifty Thousand Dollars and No Cents ($450,000.00), The DISTRICT will provide the full amount through two equal installments. The first installment shall be fifty percent (50%) of the total AGREEMENT amount and will be provided by the DISTRICT upon execution of this AGREEMENT. The remaining fifty percent (50%) will be provided by the DISTRICT upon completion of the project. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to -exceed AGREEMENT funding limitation of Four Hundred Fifty Thousand Dollars and No Cents ($450,000.00). In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. 4. The CITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The CITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date. 5. The CITY shall cost share in the total amount of Three Million Seven Hundred Fifty -Four Thousand Dollars and No Cents ($3,754,000.00) in conformity with the laws and regulations governing the CITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The CITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the CITY but shall be open to periodic review and inspection of either party. No work set forth in Exhibit "A" shall be performed beyond (completion date) unless authorized through execution of an amendment to cover succeeding periods. 7. The CITY is hereby authorized to contract with third parties (subcontracts) for engineering and construction services awarded through a competitive process required by Florida Statutes. The CITY shall not subcontract, M assign or transfer any other work under this AGREEMENT without the prior writtex consent of the DISTRICT's Project Manager. The CITY agrees to be responsible for the fulfillment of ill work elements included in any subcontract and agrees to be responsible for the payment of all monie; due under any subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Both the DISTRICT and the CITY shall have joint ownership rights to all work items, i cluding but not limited to, all documents, technical reports, research notes, scientific data, computer prograins, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the, unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additi)nal cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be the property of the CITY upon completion of this AGREEMENT. The CITY shall retain all ownership to tangible property. The CITY, to the extent permitted by law, assumes any and all risks of personal injury, odily injury and property damage attributable to negligent acts or ornissions of the CITY and the officers, em)loyces, servants, and agents thereof. The CITY represents that it is self -funded for Worker's ConTensa ion and liability insurance, covering bodily injury, personal injury and property damage, with such protectior being applicable to the CITY, its officers and employees while acting within the scope of their employment dt ring performance of under this AGREEMENT. In the event that the CITY subcontracts any part or all of the i vork hereunder to any third party, the CITY shall require each and every subcontractor to identify the DISTRIc r as an additional insured on all insurance policies as required by the CITY. Any contract awarded by the CIYY shall include a provision whereby the CITY's subcontractor agrees to defend, indemnify, and pay on behalf, ave and hold the DISTRICT harmless from all damages arising in connection with the CITY's subcontract. 10. The CITY and the DISTRICT further agree that nothing contained herein shall be construe or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver Of s Dvereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of ace, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be othe se subjected to ,EMENT. discrimination in any activity under this AGRF 12. The parties to this AGREEMENT are independent entities and are not employees or agents o the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than tl at of independent entities, between the DISTRICT, the CITY, their employees, agen , ts, subcontractors or assig is, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delt te or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior writ rean consent of the other parties, Any attempted assignment in violation of this provision shall be void. �1 13. The CITY, its employees, subcontractors or assigns, shall comply with all applicable fede 1, state and loc.. laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws of which it has present knowledge. 14, Either party may terminate this AGREEMENT at any time for convenience upon thii y (30) calendar days prior written notice to the other party. In the event of terrnination, all funds not expended by the CITY for authorized work perfon-ned through the termination date shall be returned to the DISTRICT. rdance with the provisions of 15� The CITY shall allow public access to all project docurnetits and materials in acco Chapter 119, Florida Statutes. Should the CITY assert any exemptions to the requirements )f Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the CITY. 16. The CIW shall rnaintain records and the DISTRICT shall have inspection and audit rights bel�w. The CITY shall similarly require each subcontractor to maintain and allow access to such records for audit purpos s: � a . . A, Maintenance of Records: The CITY shall maintain all financial and non -financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT, 13. ExamivAton 2L&cqr&. The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted govenunental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT, C. rds for Lega Disputes. In the event that the DISTRICT should become involved in a legal dispute with a third party arising ftorn performance under this AGREEMENT, the CITY shall extend the period of maintenance for 411 records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT, IT All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District City of Tamarac Attri: Laura Corry� Project Manager Attn: Jefftey Miller, Project Manager Phone No. (954) 713-3200 Ext. 4987 Phone No. (954) 724-1230 Broward Service Center 7525 N.W. 88h Avenue 8211 West Broward 131vd., PH3, Tamarac, FL 33321 Plantation, Florida 33324 Attn: Rupert Giroux, Contract Specialist with a copy to the City Attorne Phone No. (561) 682-2532 1 at the same address. P.O. Box 24680 3301 Gun Club Road West Pahn Beach, FL 33416-4680 sta n suff, CITY recognizes that any representations, statements or negotiations made by DISTRICT ff do ot ire to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 19. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 20, This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 2 1. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the "tent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 22. Failures or waivers to insist on strict performance of any covenant� condition, or provision of this AGREEMENT by tile Parties SUI not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT spec fically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 1 23. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be su 'tted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non -binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 24. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the followiti order: (a) Terms and Conditions outlined in preceding paragraphs 1— 23 (b) Exhibit "A" Statement of Work (c) all other exhibits, attachments and documents specifically incorporated herein by reference 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existiEg between the parties with respect to the subject matter of this AGREEMENT. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this A on the date first written above. LIM SF1fv1Y1D PROCL"EMEICAPIPROVED FLORIDA WATER MANAGEMENT ank ayden, Director of Procurement Date: CITY OF TAMARAC Approv Ws - a lecy: Jefft y ller Title: City Manager Mitchell S. kiali -.City Attorney By:_ Z14- Joe Adhreiber Title: Ma wemp. xeso. *IU4bd Exhibit "A" Statement of Work City of Tamarac Stormwater Pump Station Rehabilitation Project Stormwater Improvements and Stormwater Pump Replacement A. Introduction/Background The City of Tamarac will replace three 30-year old stormwater pump stations that transfer water from the City's closed canal system to the SFWMD's C-14 Canal. These pumps provide flood control to 35,000 residents and thousands of businesses located in the 7 square mile basin area, as well as several neighboring communities and University Drive (State Road 817), which is a major North -South thoroughfare in western Broward County. The basin is bounded on the west by the Everglades Conservation Area 2a. The C-14 Canal discharges into the Atlantic Ocean during normal operations, but can backflow into the Everglades Conservation Area during drought periods such as those experienced in the last two years. The basin is in a 100-year flood plain, AH zone, per the Federal Emergency Management Agency's most recent surveys. The existing pumps are performing well below capacity, are obsolete, and fail frequently. The degraded pump capacity has resulted in minor to severe roadway flooding and has threatened private residences and businesses throughout the basin. The flooding causes pollutants and solids to wash into the canal system and also increases the possibility of exfiltration and infiltration in the wastewater system. The replacement pump stations will incorporate new design features to alleviate flooding and help prevent pollutants from entering the C-14 canal. This project is part of an ongoing City plan to alleviate flooding and address environmental issues associated with stormwater. In 1998 the City commenced a road reconstruction project throughout the City to improve storm drainage and add Swale areas along roadways. The swales provide a retention area to allow pollutants and solids to settle out instead of flowing directly into the City's canals. The road reconstruction projects will be complete by the end of 2005. Along with the stormwater pump station replacements, the City also has $6,410,000 in canal dredging, bridge improvements, and other drainage improvements planned over the next five years. These projects will provide further enhancement to the public health and environmental benefits. Page 1 of 3, Exhibit "A", Agreement OT040732 B. Objectives This project encompasses stormwater related improvements and the replacement of old, failing stormwater pumps. The new pump station design includes reshaping of canal sections and purtiP station bonds, optimizing inlet and outfall efficiencies, rehabilitating pump station buildings, and planting new landscaping to match citywide theme. These changes will be in line with current citywide stormwater practices to favour percolation prior to drainage. These practices allow more time for pollutant and particles to settle to the bottom instead of being pumped into the C-14 canN. This will reduce the environmental threat to the Atlantic Ocean and the Everglades caused by the pollutants in the stormwater. The new pumps will be equipped with automated and remote response to E How City staff to start pumping prior to a forecasted storm in order to create reserve capacity within the City's canal system. For most storms of average magni ude, this advance preparation will allow a temporary pump shutdown during the'`first flush" of stormwater that contains once the olost of the lutants ntheu`fa st flush" have settled the nts entering the syster6. Pumping would resume o p bottom. The City is replacing its three pump stations along the c-14 canal; east, ce trai and west. This replacement includes the installation of eight (8) new 35,000 gpm axial flow pumps, generators, electrical controls, bar screens, pump dischE rge and bypass piping, flap -gates, the demolition and removal of existing build ngs, ,headwalls, piping, equipment, and appurtenances at a totaltion of newproject cosbof uil mgs and structures, and all associatedpptenances $4,204,000.00. This construction will take place in two phases with the central and west pumps being replaced in phase I and east pumps/station being replaced in phase II. C. Scope of Work Under the terms of this agreement, the City will utilize funds provided by the Water Management District to offset Phase I construction costs connected with site preparation ($WOOb000 stal ed in offset Gentraaan Wcosts est stationsuasreflected in ($250,000) which sections D and E. Page 2 of 3, Exhibit "A", Agreement OT040732 D. Work Breakdown Structure Phase 1 - Site Preparation for Central and West Pump Stations The City of Tamarac shall prepare the site for construction of the Central and west Pump Stations. Task to be completed within 100 days after Agreement execution. Phase 1 — Purchase of Six (6) axial flow pumps for installation in Central and West Pump Stations The City of Tamarac shall purchase six (6) Axial Flow Pumps for installation in the, West, and Central Pump stations. Task to be completed by June 30, 2005 Deliverable: Paid invoice E. Summary Schedule of Tasks and Deliverables Phase I construction shall be completed with 365 days from the issuance of notice to proceed. Phase I — Central and West Pump Stations Task Task Deliverables Due Date (from District not -to - date) exceed payment NIA Executed N/A $225,000.00 Agreement Site Completion Report 100 days $0 Pre aration Purchase of 6 Paid Invoice $225,000.00 axial flow 365 days PUMPS Total $450,000.00 Page 3 of 3, Exhibit "A", Agreement OT040732 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT OT040732-A01 AMENDMENT NO. 01 TO AGREEMENT NO.OT040732 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF TAMARAC This AMENDMENT NO. 01, entered into on tzmoo± , to that AGREEMENT dated June 17, 2004, between "the Partie ," the South Florida Water Management District (DISTRICT), and City of Tamarac (CITY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its January 12, 2005 meeting, approved entering into this AMENDMENT NO. 01 with the CITY; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance, increase funding of the AGREEMENT and amend the Statement of Work; NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The term of the AGREEMENT is hereby extended by One (1) Year and the expiration date, as amended, is June 16, 2006. This AMENDMENT NO. 01 shall be effective upon the date of execution by the parties. 2. The monetary consideration for the AGREEMENT is hereby increased by an amount not -to -exceed Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00), for a total revised AGREEMENT amount not -to -exceed Seven Hundred Thousand Dollars and No Cents ($700,000.00). Amendment No. 01 to Agreement No. C- OT040732 -- Page 1 of 2 3� N SOUTH 1 1 DISTRICT 3. The Statement of Work is hereby revised to include Exhibit "Al" attached hereto and made a part of this AGREEMENT 4. The Project Manager for the DISTRICT is amended to be Elizabeth Abbott, located at Broward County Service Center, 8211 West Broward Boulevard, PH3, Plantation, FL 33324, telephone number (954) 713-3200 Ext. 4975. 5. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO.01 on the date first written above. SFWMD PROCUREMENT APPROVED By: Date: ` SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD IMA Frank Hayden, Procurement Director CITY OF TAMARAC } Title: /�1c Amendment No. 01 to Agreement No. C- OT040732 -- Page 2 of 2 Exhibit "Al" Statement of Work City of Tamarac Stormwater Pump Stations Rehabilitation Project Phase I- Central and West Stormwater Pump Stations Background Amendment 1 of this agreement replaces in its entirety sections C. Scope of Work, D. Work Breakdown Structure, and E. Payment and Deliverables Schedule of Exhibit "A" in their entirety. This amendment also adds additional funding to support the West pump station construction from pump installation through substantial completion. C. Scope of Work Under the terms of this agreement, the City will utilize funds provided by the District to offset Phase I construction costs connected with site preparation, pump purchase costs, and the West pump station construction. The City shall replace the existing Central and West pump stations including six (6) new 35,000 gpm axial flow pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, and all associated appurtenances. D. Work Breakdown Structure Project Management The City shall be responsible for the satisfactory completion of these projects and may retain a consultant to provide the professional services needed to complete the design, plans, specifications and permits, and to assist the City during construction. The City is responsible for project management, budget management and quality control. The City is responsible for reviewing and approving deliverables from the consultant to ensure that the project objectives are met. Task 1 — Site Preparation for Central and West Pump Stations The City of Tamarac shall prepare the site for construction of the Central and West Pump Stations. Deliverables: Executed Agreement for Site Preparation and Completion Report Task 2 — Purchase of six (6) axial flow pumps for installation in the Central and West Pump Stations The City of Tamarac shall purchase six (6) Axial Flow Pumps for the Central and West Pump Stations. Deliverable: Paid Invoice Page 1 of 2, Exhibit "AI", Agreement OT040732-A01 Task 3 — Construction of the Central and West Pump Stations The City of Tamarac shall construct the Central and West Pump Stations in accordance with approved plans, specifications and permits for the project. Deliverable: Certificate of Substantial Completion for each pump station E. Payment and Deliverables Schedule Total payment by the District shall not exceed the amount of $700,000.00 for this cooperative agreement scope. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the City within the not -to - exceed amounts specified below in accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt of quarterly progress reports from the City with documentation to demonstrate completion of each task in accordance with Exhibit "Al" Statement of Work requirements. Phase I — Central and West Pump Stations Due Date District Task No. Deliverables (from Agreement not -to -exceed date payment* Executed Agreement 6 months $225,000.00 Task 1---Site Preparation Completion Report 8 months n/a Task 2—Purchase of 6 Paid Invoice Axial Flow Pumps 8 months $225,000.00 Certificate of Substantial 16 months $250,000.00 Completion for West Pump Task 3—Construction Station Certificate of Substantial 20 months n/a Completion for Central Pump Station Total $700,000.00 ito the not-to-exceedamounts specfiedabo e. In the event actual expenditures by he City are less than the not -to -exceed for a particular task, the City shall have the right to apply the unexpended balance towards a subsequent task. The City shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $700,000.00 as specified above for this amendment. The City is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Page 2 of 2, Exhibit "A I", Agreement OT040732-A01 qSR G s �`` vwr Fva��•oy,�� SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm. Beach, Florida 33406 • (561) 686-8800 • Ff., WATS 1-800-432-2045 • I'DD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • www.stwtnd.gov � March 9, 2005 Mr, Jack Strain City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321-6200 Dear Mr. Strain: Subject: Contract # OT040732-AO1 Stormwater Pump Station Rehabilitation Project Please find enclosed one (1) fully executed copy of the above referenced dpcumen?. Thank you for your efforts on behalf of the South Florida Water Management District (District). Should there be any questions, or if you require any additional information, please contact me. Sincerely, Rupert Giroux Contract Specialist Procurement Department rgiroux@sfwmd.gov (561) 682-2532 (561) 681-6275 RG/kr Enclosure �= L � c:-Aeft MSC 2240 District Clerk/Original File GcWi RNING 130ARD Exi('mnll (hricl: Nicolas J. GLItibrrCZ, Jr., Fsq- C:lwir Michael Collins Kevin McCarty henry Lean, ti.cr<<r;irr C>irrrtur I.'atnela Bt-ooks-Thomas, Vice C:hni) l lugh M. English I larkley R. Thornton irela M. Kagu6 Lennart L. Lindahl, P.E. l'rudi K. Williams, PR ORIG'NAL r - SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT OT040732-A01 AMENDMENT NO. 01 TO AGREEMENT NO. OT040732 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT no-c CITY OF TAMARAC This AMENDMENT NO. 01, entered into on MAR 0 8 2005 , to that AGREEMENT dated June 17, 2004, between "the Parties," the South Florida Water Management District (DISTRICT), and City of Tamarac (CITY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its January 12, 2005 meeting, approved entering into this AMENDMENT NO. 01 with the CITY; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance, increase funding of the AGREEMENT and amend the Statement of Work; NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: The term of the AGREEMENT is hereby extended by One (1) Year and the expiration date, as amended, is June 16, 2006. This AMENDMENT NO. 01 shall be effective upon the date of execution by the parties. 2. The monetary consideration for the AGREEMENT is hereby increased by an amount not -to -exceed Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00), for a total revised AGREEMENT amount not -to -exceed Seven Hundred Thousand Dollars and No Cents ($700,000.00). Amendment No. 01 to Agreement No. C- OT040732 -- Page I of 2 0-F SOUTH FLORIDA WATER MANAGEMENT DISTRICT 01 AMENDMENT 3. The Statement of Work is hereby revised to include Exhibit "Al" attached hereto and made a part of this AGREEMENT 4. The Project Manager for the DISTRICT is amended to be Elizabeth Abbott, located at Broward County Service Center, 8211 West Broward Boulevard, PH3, Plantation, FL 33324, telephone number (954) 713-3200 Ext. 4975. 5. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SFWMD PROCUREMENTAPPROVED Date: .i► �. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By " Frank Hayden, Procurein t Director CITY OF TAMARAC By: Title: Amendment No. 01 to Agreement No. C- OT040732 -- Page 2 of 2 Exhibit "Al" Statement of Work City of Tamarac Stormwater Pump Stations Rehabilitation Project Phase I ---Central and West Stormwater Pump Stations Background Amendment 1 of this agreement replaces in its entirety sections C. Scope of Work, D. Work Breakdown Structure, and E. Payment and Deliverables Schedule of Exhibit "A" in their entirety. This amendment also adds additional funding to support the West pump station construction from pump installation through substantial completion. C. Scope of Work Under the terms of this agreement, the City will utilize funds provided by the District to offset Phase I construction costs connected with site preparation, pump purchase costs, and the West pump station construction. The City shall replace the existing Central and West pump stations including six (6) new 35,000 gpm axial flow pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, and all associated appurtenances. D. Work Breakdown Structure Protect Management The City shall be responsible for the satisfactory completion of these projects and may retain a consultant to provide the professional services needed to complete the design, plans, specifications and permits, and to assist the City during construction. The City is responsible for project management, budget management and quality control. The City is responsible for reviewing and approving deliverables from the consultant to ensure that the project objectives are met. Task 1 — Site Preparation for Central and West Pump Stations The City of Tamarac shall prepare the site for construction of the Central and West Pump Stations. Deliverables: Executed Agreement for Site Preparation and Completion Report Task 2 — Purchase of six (6) axial flow pumps for installation in the Central and West Pump Stations The City of Tamarac shall purchase six (6) Axial Flow Pumps for the Central and West Pump Stations. Deliverable: Paid Invoice Pagc I of 2, Exhibit "AI ", Agrccmcnt OT040732-A01 Task 3 — Construction of the Central and West Pump Stations The City of Tamarac shall construct the Central and West Pump Stations in accordance with approved plans, specifications and permits for the project. Deliverable: Certificate of Substantial Completion for each pump station E. Payment and Deliverables Schedule Total payment by the District shall not exceed the amount of $700,000.00 for this cooperative agreement scope. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the City within the not -to - exceed amounts specified below in accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt of quarterly progress reports from the City with documentation to demonstrate completion of each task in accordance with Exhibit "A1" Statement of Work requirements. Phase I — Central and West PumD Stations Due Date District Task No. Deliverables (from Agreement not -to -exceed date Payment* Executed Agreement 6 months $225,000.00 Task 1—Site Preparation Completion Report 8 months n/a Task 2—Purchase of 6 Paid Invoice Axial Flow Pumps 8 months $225,000.00 Certificate of Substantial 16 months $250,000.00 Completion for West Pump Task 3--Construction Station Certificate of Substantial 20 months n/a Completion for Central Pump Station Total $700,000.00 * The District shall only be obligated to pay for documented actual expenditures within the not -to -exceed amounts specified above. In the event actual expenditures by the City are less than the not -to -exceed for a particular task, the City shall have the right to apply the unexpended balance towards a subsequent task. The City shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $700,000.00 as specified above for this amendment. The City is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Page 2 of 2, Exhibit "A 1 ", Agreement OT040732-A01