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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-1371 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- 13 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. Reso. No. 10468 May 26, 2004 Page 2 of 3 Revision #1 — 5/26/04 Revision #2 — 6/2/04 WHEREAS, the Director of Public Works recommends approval and execution of the Agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida 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 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part of application, it shall not affect the validity of the remaining portion or applications of this resolution. 1 u 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 — 6/2/04 This Resolution shall become effective immediately PASSED, ADOPTED AND APPROVED THIS 9t" day of June, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KFZ"AFT CITY ATTORNEY iESCHREIBER OR RECORD OF COMMISSION VOTE MAYOR SCHREIBER _.. DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TA DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS ,0, Temp. Reso. #10468 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF TAMARAC THIS AGREEMENT is entered into as of the 9114 f" tie, 6 -a / 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, Agreement No.OT040732 - Page 1 of 4 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 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. The CITY shall retain all ownership to tangible property. 9. The 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. The 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 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 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 person 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 perfonnance 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: Agreement No.OT040732 - Page 2 of 4 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. 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. Extended Availability of Records for Legal Disputes.- 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 forwarded 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.Q. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 City of Tamarac Attn: Jeffrey Miller, Project Manager Phone No. (954) 724-1230 7525 N.W. 88`s Avenue Tamarac, FL 33321 With a copy to the City Attar at the same address. 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. 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. 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 pennitted by law. 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 Agreement No.OT040732 - Page 3 of 4 the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in whiting 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 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 fortes 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. 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Director of Procurement SFWA PROCU ME AP OVED By: Date: CITY OF TAMARAC Approved to form 1 g i u ici nc ` By: L Jef ey Miller Mitchell aft Title: City Manager City Attorney Jr Joe eiber Title: Mayor Agreement No.OT040732 - Page 4 of 4 Temp. xeso. Jlu4bU • 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 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 ll. E 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 6 pumps ($250,000) which will be installed in the Central and West stations, as reflected in 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 Deliverables Due Date (from District not -to - Agreement date) exceed Payment N/A Executed N/A $225,000.00 Agreement Site Completion Report 100 days $0 Preparation 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 Temp. Reso. #10468 ORIGINAL 0 SOUTH FLORIDA WATER MAN AGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF TAMARAC THIS AGREEMENT is entered into as of the "� 61" L! t//JL 2 O by and between the South Florida Water Management District (DISTRICT) and the City of TaYnarac (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, Agreement No.OT040732 - Page 1 of 4 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 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). 8. 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. 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, bodily injury and property damage attributable to negligent acts or omissions of the CITY and the officers, employees, servants, and agents thereof. The 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 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 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 person 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 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 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: Agreement No.OT040732 - Page 2 of 4 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. 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. Extended Availabili 1 of Records for Le al Disputes. 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 forwarded 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 Manager Phone No. (954) 724-1230 7525 N.W. 880' Avenue Tamarac, FL 33321 With a copy to the City Attorne at the same address. 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. 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. 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 terra 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 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 Agreement No.OT040732 - Page 3 of 4 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 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 fortes 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 I --- 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. 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Hayden, Director of Procurement S D PROC ME AP OVED B `p Date: CITY OF TAMARAC Approv as fo a le a s fi cy: By: ct — Jeff y iller Title: City Manager Mitchell S.kZaf ity Attorney Joe "Are - • Title: Agreement No.OT040732 - Page 4 of 4 Temp. Reso. #10468 0 Exhibit "A" 0 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 I of 3, Exhibit "A", Agreement OT040732 0 B. Objectives r: 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 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 ($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. Page 2 of 3, Exhibit "A", Agreement OT040732 0 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 District not -to - Agreement date) exceed Payment N/A Executed Agreement N/A $225,000.00 Site Completion Report Preparation 100 days $0 Purchase of 6 Paid Invoice axial flow 365 days $225,000.00 pumps Total $450,000.00 Page 3 of 3, Exhibit "A", Agreement OT040732 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686-8800 - FL WATS 1-800-432-2045 - TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 - www.sfwmd.gov ADM 28-06 �� �rt�+ ^ A Gil 1 pU) June 21, 2004 m Mr. Jeffrey Miller^'/ City Manager = �„ City of Tamarac 7525 NW 88th Ave. Tamarac, FL 33321-2401 Subject: Contract No. OT040732 -< - Stormwater Pump Station Rehabilitation Project - = � rn Dear Mr. Miller: 0�rn X>© _� Enclosed please find one (1) fully executed copy of the above referencedontrac� if you have any questions, please contact me at (561) 682-2532, o. Thank you for your efforts on behalf of the District. Sincerely, Rupert Giroux Contracts Specialist Procurement Department RP/sj Enclosure c GOVERNING BOARD Lori Ojala-6115 Laura Corry-6840 EXECUTIVE OFFICE Nicoliis J. Gutierrez, Jr., Esq., Clair Michael Collins Kevin McCarty Pamela Brooks -Thomas, Vice -emir Hugh M. English Harkley R. Thornton Irela M. Bagu(: Lennart E. Lindahl, P.E. Trudi K. Williams, P.E. Henry Dean, Executive Dirertnr Temp. Reso. #10468 ORIGINAL 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO.OT040732 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT n� CITY OF TAMARAC JUN 17 2004 THIS AGREEMENT is entered into as of the Water Management District (DISTRICT) and the City of Tamarac (CITY). by and between the South Florida 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. 3. 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, JA#40,10 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 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, The CITY shall retain all ownership to tangible property. 9. The 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. The 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 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 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 person 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 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 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. M. 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: Agreement No.QT040732 - Page 2 of 4 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. 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. Extended Availability_ of Records for Legal Disputes: 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 forwarded 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 Pahn Beach, FL 33416-4680 City of Tamarac Attn: Jeffrey Miller, Project Manager Phone No. (954) 724-1230 7525 N.W. 88" Avenue Tamarac, FL 33321 With a copy to the City Attorne at the same address. 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. 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. 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 law. 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 Agreement No.OT040732 - Page 3 of 4 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 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. FLORIDA WATER MANAGEMENT DISTRICT Director of Procurement SF D PROC ME AP OVED B Date: CITY OF TAMARAC Approv as fo - a le a s fi cy: By- JeffZery Nriller Title: City Manager Mitchell S. of -City Attorney _ -`� By; L t�C 4 . Joe c reiber Title: Mavor Agreement No.OT040732 - Page 4 of 4 Temp. xeso. 91U4bd 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 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 hase alace in two phases nd east pumps/station oIth the n being entral and west pumps being replaced n p replaced in phase ll. 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 6 pumps ($250,000) which will be installed in the Central and West stations, as reflected in 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 PUMD Stations Due Date (from District not -to - Task Deliverables Agreement date) exceed Payment N/A Executed N/A $225,000.00 Agreement Site Completion Report 100 days $0 Preparation 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