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HomeMy WebLinkAboutR-03-0639J-03-534 06/05/03 RESOLUTION NO. 03- 639 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE CITY OF WEST MIAMI FOR THE CITY'S PARTICIPATION IN A COOPERATIVE PROJECT TO DESIGN, CONSTRUCT AND MAINTAIN A FORCE MAIN ALONG SOUTHWEST 64 Tx AVENUE, MIAMI, FLORIDA. WHEREAS, the City of West Miami and the areas known as Flagami and West End within the City of Miami have been affected by numerous instances of flooding during heavy rainstorms because of the low ground level in comparison to adjacent areas; and WHEREAS, the Federal Emergency Management Agency ("FEMA") has allocated funds to both the City of West Miami and the City of Miami to implement storm water collection and disposal improvements to mitigate the flooding problems of both cities; and wit i ivai, r CITY COMMISSION MEETIN,G OF J U N 1 2 2003 xesclution I3A. 03- 639 WHEREAS, the City of West Miami and City of Miami have determined that it is in their best interests to construct one single storm water force main ("Force Main") from the City of West Miami through the City of Miami right-of-way on Southwest 64th Avenue to the C-4 Canal ("Right -Of -Way"), to alleviate the flooding problems of both cities; and WHEREAS, both Cities employ the consulting engineering firm of H.J. Ross, Inc. ("Consultant"), who has advised the cities of the economic and technical advantages of constructing one force main instead of two systems to service both cities; and WHEREAS, the City of Miami and City of West Miami wish to build the Force Main within the right-of-way in accordance with the preliminary drawings that have been approved by both parties; and WHEREAS, the Cities have negotiated the Interlocal Agreement, attached and incorporated, which sets forth the duties and responsibilities of each party as to the design, construction, and maintenance of the Force Main in the right-of-way; and Page 2 of 4 03- 639 WHEREAS, funds for design and construction of the City of Miami project in the total estimated amount of $1,620,000 (without the West Miami contribution) were previously appropriated to Capital Improvement Project No. 352199, "West End Storm Sewers, Phase II," by Ordinance No. 12280; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings found in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized!' to execute the Interlocal Agreement, in substantially the attached form, between the City of Miami ("City") and the City of West Miami for the City's participation in a cooperative project to design, construct and maintain a force main along Southwest 64th Avenue, Miami, Florida. ii The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable provisions of the City Charter and Code. Page 3 of 4 03- 639 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 12th day of June , 2003. � � %-tl't a �- , ANUEL A. DIAZ, MAYO 4er ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPR D S FORM 2AND CORRECTNESS L JANDRO VILARELLO TY ATTORNEY W7304:tr:AS:BSS If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 4 03— 639 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND THE CITY OF WEST MIAMI This Agreement is entered into this day of . 2003, by and between the City of Miami, a municipal corporation of the State of Florida, and the City of West Miami, a municipal corporation of the State of Florida. RECITALS: WHEREAS, the City of West Miami and the areas known as Flagami and West End in the City of Miami have been affected by numerous instances of flooding during heavy rainstorms because of the low ground level in comparison to adjacent areas, and WHEREAS, the Federal Emergency Management Agency (FEMA) has allocated funds to the City of West Miami and the City of Miami to implement storm water collection and disposal improvements to mitigate the flooding problems of both cities, and WHEREAS, the City of West Miami and City of Miami have determined that it is in their best interests to construct one single storm water force main from the City of West Miami, through the City of Miami Right of Way on SW. 64h Avenue to the C-4 Canal, (the "Right -Of -Way"), as more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Force Main"), to alleviate the flooding problems of both cities; and WHEREAS, both cities employ the consulting engineering services of H.J. Ross, Inc. (the "Consultant"), who has advised the cities of the economic and technical advantages of constructing one force main instead of two systems to service both cities, and WHEREAS, City of Miami and City of West Miami wish to build the Force Main within the Right -Of -Way in accordance with the preliminary drawings attached hereto as Exhibit `B" and the provisions of this Agreement (the "Project"). NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree to as follows: 1. PURPOSE: The purpose of this Agreement is to set forth the responsibilities of the City of Miami and the City of West Miami relating to the construction of the Project and to authorize the City of West Miami to run a storm water line through the Right of Way. 2. THE PROJECT: The Project consists of two separate and distinct projects to be performed by the City of Miami and the City of West Miami, respectively, and, to the extent possible, simultaneously, to achieve the construction of the Force Main. The City of West Miami project (the "CVM Project") consists of the construction of the Force Main from the City of West Page 1 of 5 63- 639 025 Miami pump station to the City of Miami's point of connection at SW 6th Street and 64,' Avenue, within the Right of Way (the "Point of Connection"). The City of Miami project (the "CM Project") consists of the construction of the Force Main from the Point of Connection to the C-4 Canal. The CWM Project and the CM Project (collectively, the "Project") are more particularly described in the "Scope of Work" schedule attached hereto as Exhibit "C" and made part of this Agreement 3. THE WORK: The Work consists of the work to be performed by each city to complete its respective project as more particularly described in the "Scope of Work" schedule attached hereto as Exhibit "C". Both parties agree to cooperate with each other, and use reasonable efforts to cause their respective projects to be performed in such manner as to achieve the construction of the Force Main promptly and efficiently. The City of West Miami shall perform the CWM Project, as herein provided, at its sole cost and expense. The City of Miami shall perform the CM Project, as herein provided, and shall pay an amount equal to 61 % of the cost thereof. The City of West Miami agrees to pay the remaining 39% of the cost of the CM Project. The parties' share of the cost of the CM Project is subject to adjustments as provided in Section 9. A. 4. DESIGN OF THE PROJECT: The design of the CWM Project shall be performed by the Consultant in accordance with the terms of the agreement between the Consultant and the City of West Miami and the design of the CM Project shall be performed by the Consultant in accordance with the terms of the agreement between the Consultant and the City of Miami. The fees for the design of the CWM Project and the CM Project shall be paid by each party in the same manner as the cost of the Work. The parties hereto agree to cooperate with each other, and use reasonable efforts to coordinate the design of the Project to be performed promptly and efficiently. 5. BIDDING AND CONSTRUCTION OF PROJECT: The Consultant shall be responsible for the preparation of construction documents, bid documents and administration of the Project. The Consultant shall also assist the cities in the solicitation of bids, bid awards, and contracting the Work for the Project. The procurement of construction services hereunder, and the contracts resulting therefrom shall be in compliance with all applicable laws, codes and regulations including specifically, without limiting the generality of the foregoing, all applicable procurement procedures of the City of Miami. The CM project and the CWM project shall be advertised forbids separately, but the cities may award the contracts for the construction of both components of the Project to the same bidder.. The construction contracts for the construction of the Project shall be in form and substance acceptable to the party responsible for the payment of such Work and shall include, but not be limited to, the following: (a) Prior to commencement of construction, the contractor for each component of the Project shall deliver to the party responsible for the payment of the Work a payment and performance bond in compliance with Section 255.05 Florida Statutes, issued by Florida licensed surety companies and subject to the approval of the appropriate City. Said bonds shall remain in force and effect throughout the entirety of the construction of the Project and will identify the City of Miami and the City of West Miami as dual obligees. Page 2 of 5 63-- 639 (b) Insurance requirements and provisions acceptable to the party responsible for payment. (c) Such reporting and other requirements as may be required by FEMA in connection with funding the construction of the Project. The City of Miami and City of West Miami shall have the right, but not the obligation, to make engineering inspections of all of the Work performed. Such inspections shall not be construed to constitute any guarantee on the part of the City of Miami or City of West Miami as to the quality and condition of materials and workmanship, and shall not relieve City of West Miami or City of Miami of any responsibility for proper construction of the Project in accordance with approved plans and specification 6. OWNERSHIP OF FORCE MAIN: The section of the Force Main located within the Right of Way shall be owned by City of Miami, who shall be responsible for its maintenance at the cost of both parties, as provided in Section 8 below. 7. WAIVER OF PERMIT FEES: City of Miami agrees to waive all permit fees in the construction of the Project. 8. MAINTENANCE COST: The City of West Miami shall be solely responsible, at its sole cost and expense, for the maintenance of the section of the Force Main constructed as part of the CWM Project. After expiration of the Warranty Period, City of Miami and City of West Miami shall share all costs related to the maintenance and operation of the Force Main within the Right of Way, including the costs of repairs and replacement (the "Maintenance Costs"), 61 % by the City of Miami and 39% by City of West Miami. City of Miami shall perform all of the required maintenance, repairs and replacements of the section of the Force Main located within the Right of Way. City of West Miami shall reimburse City of Miami its share of such costs, as provided in Section 9. 9. PAYMENT OF CITY OF WEST MIAMI'S SHARE OF CM PROJECT COSTS AND MAINTENANCE COSTS: A. CM Proiect Construction Costs: The parties' respective share of the CM Project costs has been calculated on the basis of the design flows outlined in Exhibit C, which provide for the City of Miami to be responsible for 61 % of the costs and the City of West Miami for the balance. In the event that the actual allowable design flows, as determined by the South Florida Water Management District (SFWMD), differ from the initial design flows utilized in establishing the initial allocation, then each party's share of the cost shall be adjusted accordingly. The parties shall request from SFWMD the necessary flow, in cubic feet per second (CFS), to ensure the safety and welfare of their residents. The City of West Miami shall pay its share of each payment made by the City of Miami within ten (10) days following its receipt of the requisition for payment accompanied by a statement executed by the Director of the Department of Capital Improvements of the City of Page 3 of 5 03- 639 Miami certifying the amount paid by the City of Miami against the requisition for payment. B. Maintenance Costs: The City of West Miami agrees to reimburse to the City of Miami 39% of all sums paid by the City of Miami in connection with the Maintenance Costs not later than ten (10) days after receipt of City of Miami's invoice for reimbursement accompanied by evidence of payment by the City of Miami. 10. FEMA FUNDING: Each party shall be responsible for making the necessary applications and requests for payment or reimbursement from FEMA; provided, however, that the parties shall cooperate with each other and work in good faith to ensure that the requisitions for payment or reimbursement comply with all applicable requirements. 11. RIGHT TO TERMINATE: Each party shall have the right to terminate this Agreement, by giving written notice to the other of its intent to terminate: (i) if the Work is not commenced within twelve (12) months from the date of full execution of this Agreement, or (ii) upon the occurrence of a default by the other party that is not cured within 15 days following written notice thereof. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first written. CITY OF MIAMI, a municipal corporation ATTEST: of the State of Florida CITY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY CITY MANAGER REVIEWED AS TO INSURANCE REQUIREMENTS By: RISK MANAGEMENT Page 4 of 5 03- 639 ATTEST: CITY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY CITY OF WEST MIAMI, a municipal corporation of the State of Florida By: CITY MANAGER REVIEWED AS TO INSURANCE REQUIREMENTS By: RISK MANAGEMENT ACKNOWLEDGEMENT H. J. Ross, Inc., a Florida corporation, acknowledges and agrees to comply with its obligations as Consultant under this Agreement. . H. J. Ross, Inc., Page 5 of 5 63- 639 ; r L Ll L-1 L J L-1 i 1-7 F =w plockoosa- F7 F7 F, F7 th "V kIGHTI-OF-WI %�Yl IL 77 CITY &mpm L 7-7 17 ry lmlts RAII CIT y OF, EXHIBIT "N' 03- 639 LL1, N W 2nd SIT ST04 I WATE 19ITY Ul t II CITY OF WEST M ---------- EXHIBIT "B" M4 .� ff- 03- 639 EXHIBIT "C" Scope of Work Pursuant to the Interlocal Agreement ("Agreement") between the City of Miami ("CM") and the City of West Miami ("CWM"), CM and CWM agree to perform the following services within the CM and CWM Right -of -Way: 1. Construct approximately 6,500 lineal feet of a storm water force main from SW 1 Vh Street to the C-4 Canal along the SW 64th Avenue Right -of -Way as depicted in the approved plans and specifications ("Plans") entitled "Off-site Storm Water Force Main" prepared by H.J. Ross Associates. 2. Construction is to include all fittings, valves, and appurtenances required to allow the CM to connect to said force main at specific locations in accordance with the approved Plans. 3. The size of the storm water force main will be sufficient to handle the flows from both the CWM and the CM pump stations. 4. The construction of the force main located between SW I I Street and SW 6�' Street will be performed and paid by the CWM. This portion of the force main is to be referred to as CWM Force Main Project. 5. The construction of the force main located between SW 6`h Street and the outfall at the C-4 canal (Tamiami Canal) will be performed by CM. The cost of this portion of the force main will be borne by both CWM and CM in proportion to the flows for each city into the proposed force main. This portion of the force main is to be referred as CM Force Main Project. 6. Currently, the flows for each city into the proposed force main are as follows: CWM 125 cubic feet per second (39% of total flow) CMM 195 cubic feet per second (61% of total flow) CADocuments and Settings\djohnsonV ocal Settings\Temporary Intemet Files\OLK339\Exhibit CrLdoc 03-- 639 TO: Honorable FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA -10 Members of the DATE: JUN - 3 M FILE: SUBJECT: Resolution — Inter -Local Agreement With City of West Miami for Force Main �. Along SW 641h Avenue REFERENCES: Arriola Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the attached inter -local agreement with the City of West Miami to provide for City's participation in a cooperative project to design, construct and maintain a force main along SW 64th Avenue within the City of Miami. BACKGROUND The City of West Miami and the areas known as Flagami and West End in the City of Miami have been adversely affected by numerous instances of flooding during heavy rainstorms because of their low ground level compared to adjacent areas. Recently, the Federal Emergency Management Agency (FEMA) allotted funds to both cities to implement storm water collection and disposal improvements so as to mitigate their mutual flooding problems. Through the efforts of the Administration and the Capital Improvements Department, it was determined that it is in the best interest of both cities to construct one single storm water force main (the "Force Main") to address this problem. The Force Main will begin in the City of West Miami at its pump station and will ultimately run along City of Miami right-of-way at SW 64th Avenue. At the intersection of SW 60 Avenue and SW 6th Street, the City of Miami will continue the Force Main to its terminus at the C-4 Canal. Both cities already employ the consulting engineering firm of H.J. Ross, Inc. (the "Consultant"), who has advised the cities of the economic and technical advantages of constructing one force main instead of two systems to service both cities. Preliminary drawings showing the Force Main within the Right -Of -Way have been approved by engineering professionals with each city. The Cities have negotiated the attached agreement which sets forth the duties and responsibilities of each party as to the design, construction, and maintenance of the Force Main in the Right -of - Way as summarized below. Funds for design and construction of the City of Miami's project, in the total estimated amount of $1,620,000 (before the West Miami contribution) were previously appropriated in Capital Improvement Project No. 352199, "West End Storm Sewers" by Ordinance No. 12280. 03- 639 SUMMARY OF AGREEMENT TERMS 1. City of West Miami will design, build, maintain, and pay 100% of all costs for the portion of the Force Main beginning at its pump station to the point of connection at SW Oh Street and SW 64th Avenue ("West Miami's portion'). 2. City of Miami will design and build the portion of the Force Main from the point of connection at SW Oh Street and SW 60 Avenue to the C-4 Canal ("Miami's portion"). 3. The cost to design, build and maintain the Miami portion of the Force Main will be shared as follows: City of Miami 61% and City of West Miami 39% 4. The City of Miami will own the Force Main within the SW 64th Avenue right-of-way 5. The cities will cooperate during design phases, as facilitated by the consulting firm, H.J. Ross, under contract, separately, with each city 6. Each City will be responsible to complete the design, then bid out, and award contracts for the construction of the separate portions. 7. Both cities will be covered by the contractors' insurance and performance and payment bonds during construction. 8. Adjustments to the cost share may be made if actual allowable design flows vary from the initial allocation, as determined by the South Florida Water Management District FISCAL IMPACT This cooperative project will have a positive fiscal impact as it reduces the City of Miami's cost to construct and maintain the new Force Main by 39%. 03- 639 Budgetary Impact Analysis Department Capital ImDRrovement Projects Division: Commission Meeting Date: June 12, 2003 Title and brief description of legislation or attached ordinance/resolution: _ Resolution approving the City 1. Is this item related to revenue? No ❑ Yes Miami to construct & maintain Force Main 2. Is this item an expenditure? No ® Yes ❑ General Fund Account No: Special Revenue Fund Account No: CIP Project No: 352199 Revenue Source: to be determined Ci of West Miami will contribute funds for City of Amount: $1.620.000 3. Are there sufficient funds in Line Item? No: ❑ Yes: o..t1e aY . a.«A.....1T Ae .. —4* ---A f,..,m thn fnllnmino line itnmc- ACTION. �.. ACCOUNT NUMBER TOTAL From $ From $ To $ To $ t_. LS_1..-.7 7leC .. e/'ATe ..1.1....1..,.,A lr--mant TannAc9 NA 1X1 VPC F1 Project NameAllocation Total Bond 1' Series Appropriation Dollars Spent to Date Encumbrances & Commitments Balance Comments: There is no funding allocation needed at this time Funds have already been appropriated to the Project and allocated for design Funds for construction will be allocated after bids have been received. Prior to award gic Pf=Ad Budgeting, & h Date: (p 6 -5 03 Date APPROVALS Verified by CIP f licable) Date: t/ '3� 03 93- 639