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HomeMy Public PortalAbout2010 Ocean Lane Stormwater Pump Station.tifSOUTH FLORIDA WATER MANAGEMENT DISTRICT Fedex Ground Delivery 9612019417656210039826 April 29, 2010 Mr. Genaro Iglesias, Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Dear Mr. Iglesias: Subject: Contract # 4600002075 Village of Key Biscayne Ocean Lane Drive Stormwater Pump Station Retrofit Project Please find enclosed one (1) fully executed copy of the above referenced document. 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 FAX: (561) 681-6275 RG/cdl Enclosure c: Lucia Perez - MSC 2270 Procurement/Original File 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • FL WATS 1-800-432-2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • wwwsfwmd.gov ORIGINAL SAP REFERENCE NO. 9'066 04(039 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600002075 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND VILLAGE OF KEY BISCAYNE THIS AGREEMENT is entered into as of the 3)1U by and between the South Florida Water Management District (DISTRICT) and Village of Key Biscayne (VILLAGE). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the VILLAGE for the Ocean Lane Drive Stormwater Pump Station Project; and WHEREAS, the VILLAGE warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the VILLAGE agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for replacement of the twin 4000 GPM vertical propeller pumps with new high efficiency models; and rehabilitation of the drainage well. Ag-.r-eement No. 4600002075, Page 1 of 7 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 Seven (7) Months. 3. The total DISTRICT contribution shall not exceed the amount of $87,500.00. The DISTRICT shall make payment upon completion and acceptance of the deliverables as described in the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to - exceed AGREEMENT funding limitation of $87,500.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. In the event the VILLAGE is providing a cost sharing contribution as provided for in paragraph 5 below, the VILLAGE shall provide evidence that its minimum cost share has been met for each invoice submitted. The subject cost share documentation shall be included with each invoice. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the VILLAGE in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The VILLAGE shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The VILLAGE shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to -exceed AGREEMENT funding limitation. 5 The VILLAGE shall cost share in the total amount of $132,500.00 in conformity with the laws and regulations governing the VILLAGE. 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 VILLAGE 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 VILLAGE but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date of the AGREEMENT, unless authorized through execution of an amendment to cover succeeding periods. 7 The VILLAGE is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The VILLAGE shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The VILLAGE 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 VILLAGE that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Agreement No. 4600002075, Page 2 of 7 8. Both the DISTRICT and the VILLAGE 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 VILLAGE under this AGREEMENT shall be deemed to be the property of the VILLAGE upon completion of this AGREEMENT. The VILLAGE shall retain all ownership to tangible property. 9. The VILLAGE, 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 VILLAGE and the officers, employees, servants and agents thereof. The VILLAGE 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 VILLAGE, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the VILLAGE subcontracts any part or all of the work hereunder to any third party, the VILLAGE shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the VILLAGE. Any contract awarded by the VILLAGE shall include a provision whereby the VILLAGE's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the VILLAGE's subcontract. 10. The VILLAGE 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 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 VILLAGE, 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. 12. 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. 13. The VILLAGE, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement No. 4600002075, Page 3 of 7 AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the VILLAGE, 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 VILLAGE for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The VILLAGE shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the VILLAGE 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 VILLAGE. 16. The VILLAGE shall maintain records and the DISTRICT shall have inspection and audit rights below. The VILLAGE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The VILLAGE 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 VILLAGE shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the VILLAGE shall, in addition to the inspection and audit rights set forth in paragraph 16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the VILLAGE as set forth in Exhibit "C". The VILLAGE shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Agreement No. 4600002075, Page 4 of 7 Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the VILLAGE's financial and non- financial records to the extent necessary to monitor the VILLAGE's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. 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 Village of Key Biscayne Attn: Lucia Perez, Project Manager Telephone No.: (305) 377-7274 ext 7235 Fax No.: (305) 377-7293 Attention: Rupert Giroux, Contract Specialist Telephone No.: (561) 682-2532 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Attn: Genaro "Chip" Iglesias, Village Manager Telephone No.: (305) 365-5500 Address: 88 West McIntyre Street Key Biscayne, FL 33149 19. Invoices, clearly marked "ORIGINAL", shall be sent to the attention of Accounts Payable at the DISTRICT's address specified below. All invoices shall reference the AGREEMENT and SAP Reference Numbers specified on page one of this AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the DISTRICT's Project Manager either at the address specified in paragraph 18 above or via Facsimile (FAX) using the FAX number also specified above. South Florida Water Management District Attention: Accounts Payable P.O. Box 24682 West Palm Beach, Florida 33416-4682 20. VILLAGE 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 Agreement No. 4600002075, Page 5 of 7 representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 21. 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. 22. 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. 23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, Village 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. 24. 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 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. 25. 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. 26. 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. 27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 — 26 (b) Exhibit "A" Statement of Work (c) Exhibit "B" Payment and Deliverable Schedule (d) all other exhibits, attachments and documents specifically incorporated herein by reference Agreement No. 4600002075, Page 6 of 7 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT SFWMD PROCUREMENT APPROVED By: Date: By. -Carrie-' 1—Inter-ixmDirector of Procurement Jessica J. Flathmann VILLAGE OF Y BISCAYNE a Florida Agreement No. 4600002075, Page 7 of 7 EXHIBIT "A" STATEMENT OF WORK VILLAGE OF KEY BISCAYNE OCEAN LANE DRIVE STORMWATER PUMP STATION RETROFIT PROJECT 1.0 INTRODUCTION The Village of Key Biscayne (Village) Ocean Lane Drive Stormwater Pump Station Retrofit Project is budgeted and falls under the Coastal Watersheds Program of coastal water body improvement, and helps meet the goals of approved Surface Water Improvement and Management (SWIM) Plan for Biscayne Bay. The Village of Key Biscayne is a barrier island adjacent to the surface waters of Biscayne Bay and the Atlantic Ocean. In 1995, the Village of Key Biscayne constructed a stormwater pumping station at the east end of Ocean Lane Drive. This roadway is located at the northeast corner of the Village of Key Biscayne, and provides the sole access to several hundred condominium units within ten different condominium complexes abutting the right-of-way. The road way is a cul-de-sac alignment extending from the intersection of Crandon Boulevard approximately 1200 feet towards the east. The stormwater pump station is located within the roadway's center median, very close to the cul-de-sac endpoint. Prior to construction of the pump station, the roadway was subject to chronic flooding and frequent stormwater overflows into the Atlantic Ocean and Biscayne Bay. The pump station collects the stormwater runoff from the roadway right-of-way, along with overflows from the abutting condominium complexes, and injects it into a 24" diameter drainage well extending approximately 90 feet in depth into the underlying salt -intruded aquifer. Due to wear and tear on the station's twin pumps through the years, their efficiency has diminished significantly and flooding has become a problem again, which, as time continues, is becoming progressively worse. The efficiency of the drainage well has also been diminished, and it is in need of maintenance as it has become increasingly fouled. Stormwater overflows into the Atlantic Ocean and Biscayne Bay have occurred regularly in recent years due to heavy rainfall events. This project will provide for improved flood protection locally, and improved water quality in Biscayne Bay, and Outstanding Florida Water and District designated priority water body. This will be accomplished by increasing the efficiency of the existing drainage system. The project will improve the Village's stormwater capabilities by replacing the stormwater stations pumps, rehabilitating the existing drainage well, and restoring the hydraulic capacity of the system to its most efficient condition, thereby relieving the street flooding and mitigating potential overflows to the surface waters of Biscayne Bay. Page 1, Exhibit "A", Agreement 4600002075 EXHIBIT "B" PAYMENT AND DELIVERABLES SCHEDULE VILLAGE OF KEY BISCAYNE OCEAN LANE DRIVE STORMWATER PUMP STATION RETROFIT PROJECT This is a cost -share project with funding coming from the District and the Village of Key Biscayne. Total payment by the District shall not exceed the amount of $87,500 for this cooperative agreement. Invoices shall be accompanied by adequate documentation to demonstrate the completion of each task in accordance with the Statement of Work requirements and the Village's cost share within the not -to - exceed amounts specified below in accordance with Article 3 of the Agreement. All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The Village is responsible for reviewing and approving deliverables to ensure that project objectives are met. The Village is also responsible for project management, budget management, and quality control. Task Deliverable Due Date* DISTRICT** Not -to -Exceed Payment Village of Key Biscayne Cost - Share Task 1: Engineering Design As per Task 1 Deliverables in Section 4.0 No later than March 31, 2010 $0 $25,000 Task 2: Permitting As per Task 2 Deliverables in Section 4.0 No later than March 31, 2010 $0 $20,000 Task 3: Construction As per Task 3 Deliverables in Section 4.0 No later than August 31, 2010 $77,500.00 $77,500 Task 4: Final Acceptance As per Task 4 Deliverables in Section 4.0 No later than September 1, 2010 $10, 000.00 $10,000 Not -to -Exceed Total Payment $87,500.00** $132,500 * All dates are referenced from the date of execution of this agreement. ** 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 Village are less than the not -to -exceed for a particular task, the Village shall have the right to apply the unexpended balance towards a subsequent task. The Village shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $87,500.00 as specified above. The Village is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Page 1, Exhibit "B", Agreement 4600002075 EXHIBIT C FUNDS AWARDED TO THE ENTITY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title Or Funding Source Description Funding Amount State Appropriation Category Department of Environmental Protection 37.039 Surface Water Restoration and Wastewater Projects $87,500.00 Total Award $87,500.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [http://state.fl.us/fsaa/catalog]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. Page 1 of 1, Agreement 4600002075