HomeMy Public PortalAbout10-8067 RFP for the Repair Rebuilding Pump Station 8,11A, and 11B Sponsored by: City Manager
Resolution No. 10-8067
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO PREPARE
AND ISSUE A REQUEST FOR PROPOSALS (RFP)
FOR THE REPAIR AND REBUILDING OF PUMP
STATIONS #8, #11A, AND #11B, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka is attempting repair and rehabilitate all of the
pump stations in the city; and
WHEREAS, the City of Opa-locka desires to complete the repair and rebuilding
of Pump Stations#8, #11A, and#11B; and
WHEREAS, the City Commission of the City of Opa-locka desires for the City
Manager to prepare and issue a RFP seeking proposals for the repair and rebuilding of
Pump Stations#8,#11A, and#11B:
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby directs and
authorizes the City Manager to prepare and issue a Request For Proposals (RFP) for the
repair and rebuilding of Pump Stations #8, #11A, and #11B, in a form acceptable to the
City Attorney.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 10-8067
PASSED AND ADOPTED THIS 26th DAY OF May,2010.
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JOSEP L. cLILE
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Debor h S. Irby J7.f f r ) Geller _
City Clerk r* A .rney
Moved By: HOLMES
Seconded by: JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice Mayor Taylor: YES
Mayor Kelley: YES
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Memorandum
TO: Mayor Joseph L.Kelley
Vice-Mayor Myra L.Taylor
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
missioner Rose Tydus
FROM: Clarance rse , I y Iana r
DATE: May 17,2010
RE: Pump Stations#8, 11A, 11B
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO
ADVERTISE AND ISSUE AN INVITATION TO BID TO QUALIFIED
CONTRACTORS FOR THE UPGRADE AND REHABILITATION OF
SANITARY SEWER PUMP STATIONS 8, 11A AND 11B.
Description: The City of Opa-Locka will issue an Invitation to Bid (ITB) for the rehabilitation of
Sanitary Sewer Pump Stations 8, 11 A and 11B.
Financial Impact: The stations have approved funding in the FY 2010 budget plan.
Implementation Timeline: The pump stations have been designed and permitted. On approval, the bid
process will commence.
Legislative History: The City entered into a Consent Agreement with DERM on October 7, 2009 to
correct deficiencies in the operations of the Sanitary Sewer System. Part of the agreement addresses
rehabilitation of the stations under moratorium to comply with DERM requirements.
Recommendation(s): Staff recommends approval.
Analysis: The pump stations are aged and have been assigned varying stages or moratorium status by
DERM. This has imposed a building moratorium in the service areas of these stations. As a result growth
and development have been hampered causing a loss of revenue for the City. The rehabilitation of the
stations is vital to the City's continued development.
Attachments: DERM Consent Agreement
PREPARED BY: Judeen Johnson
END OF MEMORANDUM
1
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MEMORANDUM OFFICE. "--F H E
TO: Brian K.Finnie, Interim City Manager
FROM: Fernand Thony P.E., Operations Manager 4i,,
DATE: October 7, 2009
SUBJECT: Administrative Consent Agreement with DERM
In an effort to comply with existing federal regulations (US EPA) relative to the City of Opa-
locka's wastewater system(Permit Number DWO-47), staff negotiated over the past months the
terms of a general agreement which is attached here in for your review and signature.
This process was started almost a year ago trough a series of meeting and discussions to insure
that the City's best interest was preserved and avoid it being in default of the original consent
decree between the United States of America and Miami Dade County. In addition, to position
the City's ongoing rehabilitation program, procurement of professional design services were
secured to facilitate the design of four(4)priority pump stations (PS#8,11 ,11 B,11 C) which all
currently are at varying stages of completion and permitting.
These steps have culminated with this final agreement with very favorable terms for the City of
Opa-locka while extending the compliance date until 2014 for all its infrastructure work.
Moreover, the Finance Department which was part of the final discussions is in agreement that
the commitment of resources required is in place and within the City's fiscal ability. Ultimately,
this agreement will have a series of financial benefit for the City such as:
• Reduced infiltration/inflows in the sewer system and corresponding payments to Miami
Dade County
■ Capacity for growth and expansion for new businesses with City limits
• Enhancing health,safety quality of life and overall environmental protection
Miami Dade County DERM for its part has expressed a sense of satisfaction that the City is
fmally addressing these matters comprehensively and looking forward to have this agreement in
place in the best of delays.
Should you have any questions, we remain available for a personal briefing.
Cc: Lavelle Jenrette,Acting Public Works Department Director
Faye Douglas,Assistant Finance Department Director
Fritz Armand, Code Enforcement Department Director
Enclosure
CC—F p(70
Date r � e City Manager
-Locka
Before me;the undersigned authority,personally appeared
who after being duly sworn,deposes and says that he has read and agreed to the foregoing.
Subscribed and swcm to before me this 1 day of ,2009
by: �' \ I�lA.�-'�� •r" Sd6eo(Flaride FilY0 Dolts!
(Name of,�rfan;) My Coni i sio"1D195657
• wg Ezpes O2RW2010
Personally Known_ cr Produced Identification
(Check One)
Type of Identification Produced: -
•
Notary Public
FOR OFFICE USE ONLY
Ioab169 .4 `%/
Dat - los Espm:! -' 'or
Department of Environme 'esources Management
ip›,garf
d1ess / Witness
•
GENERAL PROVISIONS
•
22) The terms and conditions set forth in this Consent Agreement may be enforced in any court of competent jurisdiction
pursuant to Chapter 24,of the Code of Miami-Dade County,the Florida Administrative Code,or the Florida Statutes.
23) Entry into this Consent Agreement does not relieve Respondent of the responsibility to comply with applicable federal,
state,or local laws,regulations and ordinances.
24) Where timetables cannot be met, due to circumstances beyond Respondent's control, Respondent shall submit a
written request for extension of the timetable(s), which shall not exceed six months, with supporting documents to
DERM, stating the cause(s)of any delay or non-compliance and the extension of time requested.A determination of
the reasonableness of the delay or non-compliance shall be made by DERM for the purposes of continuation of
enforcement actions and the imposition of penalties pursuant to paragraph 20 of this Agreement. In no event shall any
extension be granted beyond six months of any due date.
25) This Agreement shall neither be evidence of a prior violation of the Code nor shall it be deemed to impose any
limitation upon any investigation or action by DERM in the enforcement of Chapter 24 of the Code of Miami-Dade
County,the Florida Administrative Code or the Florida Statutes. •
26) In consideration of the complete and timely performance by the Respondent of the terms and conditions set forth in
this Consent Agreement, DERM waives its rights to seek judicial imposition of damages or criminal or civil penalties for
the matters alleged in this Consent Agreement.
27) This Consent Agreement shall become effective upon the date of execution by the Director of DERM.
•
•
•
Respondent shall submit for DERM review and approval revised plans for the construction and connection of the
Sherbondy Park project to a Septic Tank and drain field treatment system.
16) Transmission Capacity. Respondent shall, within ninety (90)days of the effective date of this Agreement, submit a
Sewer Extension construction permit application for the upgrading of PS 08-0011A. Upon completion and certification
of the upgrading proposed on the Sewer Extension construction permit,the continuous operation of the upgraded PS
shall demonstrate significant compliance with the 10 hours reporting requirement.
17) This Agreement constitutes a lawful order of the Director of the Department of Environmental Resources Management
and is enforceable in any court of competent jurisdiction. Any violation of any requirement of this Agreement may
result in further enforcement action by the DERM against the Respondent. Each violation of any of the terms or
conditions of this Agreement by the Respondent shall constitute a separate offense.
ADMINSTRATIVE COSTS
18) The Respondent hereby certifies that Respondent has the financial ability to comply with the terms or conditions or
requirements set forth in this Consent Agreement and to comply with any payment requirements specified in this
Agreement.
19) Respondent shall,within thirty(30)days from the effective da this Agreement, pay Miami-Dade CAB-@8-
to cover administrative and follow-up e ' - °-a,-- • _.:;-- - .e sent to DERM, 701 NW 1 Court, Suite 7-
1•• ••', • '•- •. Attention: Joseph Ramdial, Environmental Code Enforcement •" cer, - --
Section.
20) In the event Respondent fails to comply with any of the requirements of paragraphs 8,9, 10, 11, 12, 13, 14, 15 and 16
of this Consent Agreement, the Respondent shall pay DERM a civil penalty of$100.00 per day for each day of non-
compliance, and the Respondent shall be subject to enforcement action in a court of competent jurisdiction for such .
failure pursuant to the provisions set forth in Chapter 24 Miami-Dade County Code. Within 30 (thirty)days of written
notice from DERM, Respondent shall make payment of the appropriate penalties to Miami-Dade County by check or
money order. Payment shall be sent to DERM,701 NW 1 Court, Suite 7-199 Miami, Florida 33136. Attention: Joseph
Ramdial, Environmental Code Enforcement Officer, Enforcement Section.
SAFETY PRECAUTION
21) Respondent shall maintain the sanitary sewer system, during the pendency of this Agreement, in a manner that shall
not pose a hazard or threat to the public at large or the environment and shall not cause a nuisance or a sanitary
nuisance as set forth in Chapter 24,of the Code of Miami-Dade County.
33175,Suite 124,Attention:Agustin Socarras, P.E.,Chief,Water and Wastewater Engineering Section,for review and
processing.
12) Water and Sanitary Sewer System Electronic Atlases.Respondent shall within one hundred and eighty(180)days
from the effective date of this Agreement submit a plan to develop an electronic atlas for the Respondent's water and
sanitary sewer systems. Said plan shall include a schedule for developing and maintaining an electronic atlas for the
Respondent's water and sanitary sewer systems.The plan shall be submitted to: DERM, 11805 SW 24 Street,Miami,
Florida, 33175, Suite 124, Attention: Agustin Socarras, P.E., Chief, Water and Wastewater Engineering Section, for
review and approval.
13) Leak Detection Program. Respondent shall within one (1) year from the effective date of this Agreement submit a
written plan of action (POA)for the implementation of a leak detection program for the city's water distribution system.
The POA shall be submitted to: DERM, 11805 SW 24 Street, Miami, Florida, 33175, Suite 124, Attention: Agustin
Socarras, P.E., Chief, Water and Wastewater Engineering Section, for review and processing and shall include at a
minimum:
a) A detailed POA for the creation of a leak detection unit, including all logistics, personnel and equipment resources
or a contract or service agreement with a qualified vendor or local public utility.
b) Implementation of the leak detection program shall not exceed two (2) years from the effective date of this
Agreement.
14) Sanitary Sewer Evaluation Survey (SSES). Respondent shall within five (5) years from the effective date of this
Agreement comply with the requirement of the SSES described in paragraph number 2 above. Specifically
Respondent shall demonstrate that the sanitary sewer system infiltration and inflow for each of the Respondent's
pump station basin is less than five thousand (5,000) gallons per inch pipe diameter per day per mile of pipe and
laterals. The report of the SSES and rehabilitation work shall be submitted to DERM, 11805 SW 24 Street, Miami,
Florida, 33175, Suite 124, Attention: Agustin Socarras, P.E., Chief, Water and Wastewater Engineering Section, for
review and processing. Upon execution by the Director, the completion dates for this Consent Agreement shall
supersede the completion dates of the Consent Agreement executed 9/17/2007 between the Respondent and the
DERM. This revision of compliance time does change any of the other compliance requirements listed in the Consent
Agreement executed 9/17/2007.
15) The Respondent shall not issue any Certificate of Occupancy (CO) and Certificate of Use (CU) or Occupational
License (OL) [Also known as, LB'] or Temporary CO, CU, OULBT for the Sherbondy Park project until all the
Respondent's pump stations downstream from the Sherbondy Park project are operating in compliance with the 10
hours maximum annual average operating time, In the event that the Respondent's pump stations downstream from
the Sherbondy Park project cannot be in compliance with the 10 hours maximum annual average operating time, the
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9) Corrective Action Plan (CAP). Respondent shall, within sixty S'W days of the effective date of this Agreement,
submit to DERM a written individual Corrective Action Plan (CAP)for each pump station now in AM or IM status. Each
CAP shall describe the deficiencies which are present at each station, and which deficiencies are causing the station
to remain in its current moratorium status, describe the corrective actions which are to be implemented to correct such
deficiencies, and provide a date for the planned completion of the respective corrective actions. None of the CAPs
shall propose a planned completion date later than December 31, 2014. The CAPs shall be submitted to: DERM,
11805 SW 24 Street, Miami; Florida. 33175, Suite 124, Attention: Agustin Socarras, P.E., Chief, Water and
Wastewater Engineering Section, for review and processing. DERM shall review each CAP and shall approve, or
disapprove said CAP in writing. Upon receipt of the Department's written approval of each CAP, Respondent shall
implement and complete each CAP within the timeframes specified in the corresponding CAP approval. In the event
that any of the submitted CAPs are disapproved,the Respondent shall,within thirty(30)days of receipt of said written
disapproval notification from DERfv1,submit a revised CAP to the DERM which addresses the deficiencies specified in
the written disapproval. In the event that Respondent fails to submit an appropriate revised CAP,the Respondent shall
be deemed to be in violation of this Agreement and shall be subject to further enforcement action under the penalty
provisions of paragraph 20 of this Agreement and of Chapter 24 of the Code.
10) Program Development Plan (POP). The Respondent shall, within sixty (60) days of the effective date of this
Agreement, submit to DERM for review, a Program Development Plan (PDP) to ensure that no further Building
Permits shall be approved for facilities that have not secured a Sewer Capacity Certification Letter(Allocation Letter)
from DERM approving the proposed usage. DERM shall review the POP and shall approve, approve with conditions
or disapprove said PDP in writing. Upon receipt of the DERM's written approval or approval with conditions of the
PDP, Respondent shall implement said POP in accordance with the provisions specified in said approval. The POP
shall be submitted to DERM, 11805 SW 24 Street, Miami, Florida, 33175, Suite 124, Attention: Carlos Hernandez
P.E., CFM, LEED AP, Chief, Plan Review and Development Approvals Division for review and approval. In the event
that the POP is disapproved, the Respondent shall, within thirty (30) days of receipt of the written disapproval
notification from DERv1, submit a revised PDP to the DERM within the timeframes specified in the disapproval, which
addresses the deficiencies specified in the written PDP disapproval. In the event that Respondent fails to submit an
appropriate revised PDP,the Respondent shall be deemed to be in violation of this Agreement and shall be subject to
further enforcement action under the penalty provisions of paragraph 20 of this Agreement and of Chapter 24 of the
Code.
11) Rain Dependant Peak Flow Management Study fPFMS). Respondent shall within ninety (90) days of the effective
date of this agreement submit a progress report on the status the defendant's Rain Dependant Peak Flow
Management Study (PFMS) required by The Volume Sewer Customer Ordinance (VSCO). The VSCO was required
by the Second and Final Partial Consent Decree(SFPCD) including incorporation of all its parts into the Chapter 24 of
the County Code. The PFMS progress report shall be submitted to: DERN, 11805 SW 24 Street, Miami, Florida,
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3) A review of Departmental records reveals that the Respondent approved and issued building permits in violation of
Section 24-42.3 of the Code which allowed connections to the Respondent's sanitary sewer system without the
required collection/transmission capacity certification issued by the DERM which assures capacity to safely collect and
transport wastewater to a publicly owned treatment works(POTW)at the following locations:
• Folio number 08-2122-003-0050, in which the City issued Permit # 7130, which provided permission to
connect to the collection system for pump station 08-0001, which at that time was under Initial Moratorium.
Pump station 08-0001 is currently under Absolute Moratorium.
• Folio number 08-2121-006-0010, where the City of Opa-Locka issued Permit # 7266, which provided
permission to connect to the collection system for pump station 08-0011A, which at that time was under
Absolute Moratorium.Pump station 08-0011A is currently under Absolute Moratorium.
4) The Respondent has allowed several of the City's sanitary sewer pumping stations to remain in Initial Moratorium(IM),
Incomplete Status (IN), Complete and On-Hold (CH), or Absolute Moratorium (AM) status for a period of more than
one year, in violation of Section 24-29 of the Code.(See attached copy of monthly report).
5) The Respondent has requested assistance from the DERM to process the permitting of a Multi-Purpose Community
Center/Gymnasium at the City's Sherbondy Park located in the vicinity of and served by the City's pump station(PS)
08-0011A. PS 08-0011A has been operating under Absolute Moratorium since July 2008 when the average annual
operating time went above 10 hours after the PS was upgraded.(See attached copy of monthly report)
6) Respondent hereby consents to this Agreement without either admitting or denying the allegations made by DERM in
the finding of facts listed above.
7) in an effort to insure continued protection of the health and safety of the public and the environment of Miami-Dade
County and to facilitate compliance with Sections 24-20,24-42.2 and 24-29 of the Code and to avoid time-consuming
and costly litigation,the parties hereby agree to the following,and is hereby Ordered:
COMPLIANCE AND REPORTING REQUIREMENTS
8) Respondent shall submit building plans for the Sherbondy Park Community Center project to DERM for review and
processing, and shall not commence construction until such time that DERM provides its approval or conditional
approval of the building plans. DERM may grant conditional approval of said building plans subject to compliance with
the following orders:
•
MIAMI-DADE COUNTY DEPARTMENT OF )
ENVIRONMENTAL RESOURCES MANAGEMENT )
)
Complainant, )
) CONSENT AGREEMENT
vs )
)
City of Opa-Locka )
Bryan Finnie, City Manager )
Respondent )
)
This Agreement is entered into by and between Miami-Dade County Department of Environmental Resources
Management (hereinafter referred to as "DERM") and The City of Opa-Locka (hereafter referred to as "Respondent")
pursuant to Section 24-7(15)(c) of Chapter 24 of the Code of Miami-Dade County, Florida (the Code). This Agreement
shall serve to redress violations of Chapter 24, Miami-Dade County Code, the First Partial Consent Decree, Paragraph
16C,dated August 11, 1993 and the Second and Final Partial Consent Decree,Paragraph 22,dated September 11, 1995,
Case Number CIV-93-1109, United States vs. Miami-Dade County and deficiencies in Respondent's sanitary sewer
collection system (SSCS) operating under Domestic Wastewater Operating Permit DWO-47 issued by the DERM in
accordance with Section 24-18 of the Code of Miami-Dade County that serves the City of Opa-Locka, located in Miami-
Dade County,Florida. The DERM finds and Respondent acknowledges the following:
FINDINGS OF FACT
1) DERM is an agency of Miami-Dade County, Florida, a political subdivision of the State of Florida which is empowered
to provide for pollution control and protection of the environment within Miami-Dade County pursuant to Article VW,
Section 6 of the Florida Constitution, the Miami-Dade County Home Rule Charter and Section 403.182 of the Florida
Statutes. DERM has jurisdiction over matters addressed in this Consent Agreement.
2) The Respondent received monthly correspondence from DERM regarding the operating status of all of the pump
stations in the Respondent's sanitary sewer collection system. The Respondent is the owner and operator of a public
sanitary sewer collection and transmission system that is in violation of the provisions of Section 24-42.2 of Chapter 24
of the Code, which provides for evaluation of sanitary sewer collection systems (SSES) to identify and reduce
infiltration and inflow into the public sanitary sewer collection and transmission systems within Miami-Dade County.
Respondent entered into an administrative Consent Agreement with the DERM, on 9/1712007, to achieve voluntary
compliance with the provisions of Section 24-42.2 of the Code.
Department of Environmental Resources Management
MIAMI.DIADE office of the Director
701 NW 1st Court,4th Floor
OUNTY Miami, Florida 33135-3912
T 305-372-6754 F 305-372-6759
Carlos Alvarez,Mayor
miarnidade.gov
August 25, 2009
Bryan Finnie, City Manager CERTIFIED MAIL NO. 7008 1830 0002 8221 1089
City of Opa Locke, City Hall RETURN RECEIPT REQUESTED
780 Fisherman Street, 4th Floor
Opa Locke, FL 33054
Re: Administrative Consent Agreement (Agreement) with the City of Opa Locke (City) to facilitate
compliance with Miami-Dade County wastewater regulations. Permit number DWO-47.
Dear Mr. Finnie:
Pursuant to a request from the City's staff, enclosed please find two originals of an administrative
Consent Agreement prepared by the Department of Environmental Resources Management (DERM),
to facilitate compliance with Miami-Dade County wastewater regulations.
If you concur with the conditions of the Agreement, please sign and notarize both originals and return
both signed and notarized originals of the Consent Agreement within fifteen (15) days of your receipt
of this correspondence to the DERM to:
Donna Gordon, Manager
Code Enforcement Section,
701 NW 1 Court, 7th Floor
Miami, Florida 33136.
If you have any questions regarding the Consent Agreement or wish to meet with DERM's staff
please contact Mr. Carlos Hernandez P.E Chief of DERM's Plan Review and Development Approval
Division at 786-315-2878.
Since - ,
ar as Espinosa, P.E. Direr or
Department of Environmental Resources Management
Encl.
DG/lb