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