HomeMy WebLinkAboutR-79-0345WHEREAS, ,this testing is to be conducted at UNIVERSITY'S
proposed,Rosenstiel School of Marine and Atmospheric Science Sewage
Treatment and Bioeffects Laboratory, located at Rickenbacker-Cause-.
on Virginia Key; and
WHEREAS, UNIVERSITY has requested permission to construct;
maintain a 3=inch Force Main under the surface
RESOLUTION NO. 7 9- 3 4 5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO ANAGREEMENT WITH THE UNIVERSITY OF MIAMI TO
PERMIT THE CONSTRUCTION, MAINTENANCE AND OPERATION
OF A :THREEr-INCH FORCE MAIN ON CITY OF MIAMI
PROPERTYAT VIRGINIA KEY.
WHEREAS, UNIVERSITY has been authorized under Environmental
Protection Agency Project No. R8047490101 to perform certain tests
of the effluent emanating from the Miami -Dade Water and Sewer
Authority Treatment Plant on Virginia Key, Dade County, Florida;
arid
way
and
operate,.
CI
of City -
owned property from the Miami -Dade Water and Sewer AuthoritY
Treatment Plant to UNIVERSITY'S said laboratory, all on Virginia
Key.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
TY OF MIAMI, FLORIDA:
Section 1. That the City Manager 'is hereby authorized to
enter into an agreement with the University of Miami to permit
the construction, maintenanceand operation of a three-inch force
of Miami property at Virginia Key.
day of May
main on City
"SUPPORTIVE P
DOCUMENTS
FULL ,TT
ASSED
AND ADOPTED this 22
ITY CLERK
PREPARED AND APPROVED BY: APPROVED
Maurice A. Ferre
MAYOR
" DOCUMEN t.
ITEM NO.
1979.
AS TO FORM AND CORRECTNESS:
, ,// �i%'"ew . /�k/z,
ASSISTANT CITY ATTORNEY GEO;GE F. e , JR., CITY 0:'EY
11 i1iiw1iIIIUIIUI IIiI•
79-345
„••
53
Donald W. Cather
Director
Departmentof P
CITY OF MIAMI. FLORIDA
FNTER.OF-F°10E NIE,MORANDUNI
c,:Works
1979
sUIJFc,: University of Miami Request to 1
1
Construct Force. Main on City
Property on Virginia Key
nerciirt. cus
(For May IA, 1979 Commission ii
r_N Losunfs Meeting)
c Resolution, Agreement .&;Sketch =
is
The University of Miami has`requestedipermsion to construct,;
maintain and operate a'3-inch sanitary” force main: through CityCity-
of Miami"property on Virginia Key. This force main will run,.'
from the Miami -Dade' Water & Sewer Authority Treatment Plant to`
the. Rosenstiel Laboratory on Virginia Key The"purpose of this
force amain is to supply; testing samples '�of sewage effluent from
the treatment plant for <analysis`and monitoring for the
Environmental 'Protection :Agency
The Department of Law, has approved the attached agreement
this department has worked; out with the University.
THE DEPARTMENT OF PUBLIC WORKS RECOMMENDSADOPTION OF
THE ATTACHED RESOLUTION' AUTHORIZING,THE EXECUTION OF
AN AGREEMENT WITH THE UNIVERSITY OF:MIAMI."
APC:vh
345
_.. ).u. .•. ..�. ,..J.A.. .L: jai >'�:. �.�.. w.O.:�s- t,.y .2 .r�d.,�.
NAME_ CITY OF KIAMI
C/OUNIVERSITY OF MIAMI
ADDRESS Po Box 248207. Miami. F1: `11i24
SAFEKEEPING RECEIPT
CITY NATIONAL BANK OF MIAMI
MIAMII, FLORIDA
AC'IC 10WLrY'.^'ES RECEII-T FROM TEtE ABOVE NAMED THE FOLLOWING DESCRIBED ITEM( ) TO BE HELD
FOR SA-1Pa-r.PING UNTIL INSTRUCTED TO RELEASE OR RETURN.
DESCRIPTION
ONE CERT . OF DEPOSIT FOR 24 MONTHS AT
6% DUE APRIL 4 , 1981
ID. NOS.
VALUE
CD#22986
$2000.00
RECEIVED ABOVE ITEM
UNIVERSITY OF MI.AMI
DATE
Business Manager
RECEIVED ABOVE ITEI
CITY NATIONAL BANK OF MIAIII
CUSTOMER
DEPOSITED IN SAP 314aar'ING BYi:
AUDITING;' DEPT.
CUSTODIAN
DATE:
4-80
BY
DO CU 1\vil 'K • g ,
WITHDRAWN FROM SAFFC PING BY:
AUDITING DEPT.
DATE:
CUSTODIAN
i
i
1
and the UNIVERSITY OF MIAMI
party of the first part and hereinafter called UNIVERSITY,and
CITY OF.=MIAMI, a municipal corporation` of the State of. Florida,
in theCounty of Dade, party ofthe second part, hereinafter
called CITY:
WHEREAS, UNIVERSITY has been authorized under Environmental.
protection Agency Project No. R8047490101. to perform certain tests
of the effluent emanati ncj from the Miami -Dade Water and Sewer
Authority Treatment Plant on Virginia Key, 'Dade County, Florida; and
WHEREAS, this testing is to be conducted at UNIVERSITY'S pro-
posed Rosenstiel School`, of Marine and Atmospheric Science Sewage
Treatment and Bioeffects Laboratory, located at Rickenbacker
Causeway on Virginia Key; and
WHEREAS , UNIVERSITY has requested from CITY a permit to con
struct, operate, and maintain a 3-inch Force Main under the s""rface
of City -Owned Property,.as hereinafter designated, in such a manner
that said effluent will flow from the Miami -Dade Water and Sewer
Authority Treatment Plantthrough said force main and be introduced
into'`UNIVERSITY''s said Laboratory.
NOW, THEREFORE, in consideration for being granted a permit
for the construction, operation, and maintenance of. a 3-inch Force
Main system through, across, along and under the surface of City -
Owned property, as hereinafter designated, UNIVERSITY, which term
includes ;its successors in interest and/or assigns, does hereby
agree with. CITY as follows:,
1. After a permit has been issued by CITYUNIVERSITY will
cause to be constructed or installed. a 3-inch Force Main under the
surface and/or along the route shownon plans datedJuly 6,1978
and drawn by H.J. Ross Assoc. Inc., Consulting Engineers, Miami,
Florida, anddesignated by CITY. as Misc. File No. 50-128.
2. UNIVERSITY shall submit to the Department of Public Work's
plans and specifications for approval prior to the construction of
said sanitary sewer force main, and a complete set of "as built"
plans after construction of .this force. main has been completed, said
plans and specifications to beprepared by a professional engineer
registered in the State of Florida; and:
3. UNIVERSITY shall submit to the Department of Public Works
certified survey notes of initial staking and finalmeasurements, to
Abe done by a land surveyor registered in the. State of Florida. Said
cer.tifie'd survey notes shall show sufficient ties with the various
street monument lines established by CITY to enable the said force
main to be accurately located, inplan, and to show ground elevation
andalso show the elevation of the top of the force main at each
change of vertical direction, and the elevation and location of all
existing underground utilities uncovered during the construction of
said force main; and
4. UNIVERSITY shall assume all. responsibility, hold CITY
harmless forever and agree to pay for any damage, or: claim which
• be against CITY. which results_ directly°or. indirectly from the
construction, operation, maintenance, repair and/or removal of said
sanitary sewer force main or any part thereof, and in the event of
1
79-345
7
damage to the force main, requiring the making �f repairs from any
cause whatsoever during the life"of:this AGREEMENT, UNIVERSITY shall
cause such repair to be made forthwith, whether in any way responsible
for the damage or not; and
5. IJNIVERSITY shall operate and maintain .said :force main in
a manner that prevents it from being or becoming a nuisance or
detrimental to public health and safety or injurious to adjacent
property, ;public or private and;: install and pay for such other.;
contr"ol l i ng devices as might be : required by the Department of Public
Works of CITY and°
6. UNIVERSITY shall :restore to originalcondition, the area
disturbed along the course of said construction ,insofar as practical
in the opinion of CITY's Director of the Department of Public Works
and to furnish CITY" with a trust receipt for a Certificate of Deposi t
from 'a "local bank in the amount of $2,000.00 to guarantee the main-
tenance and repair of any faults or excessively settled or sunken
areas that maydevelop in any area above or adjacent to the trench
of said sanitary dewer force main to the satisfaction of the
Department of Publ is Works. Said Certificate of Deposit shall
continue to remain`: in effect until two (2) years have expired :`fol1ovir.
the satisfactory completion ofthe described structure. At that time,
the Certificate of Deposit' and all interest accrued will be returned
to the University.
7. In an emergency, when UNIVERSITY or its representative
immediately unavailable and/or' unable to provide the necessary ".
iImmediate repairs to a`ruptur.ed.or:malfunctioning main heretofore
installed by UNIVERSITY, or to any;faults or excessively settled or
sunken areas that may develop in an area, over, around or adjacent
to the, said force main, CITY, or the Miami -Dade Water and Sewer
Authority, when apprised of such an emergency, shall have the right
to make the necessary repairs with the total cost ofsame being
charged to UNIVERSITY, and it shall be the responsibility of
UNIVERSITY, its" successors and assigns, .to immediately notify by
written notice both City of Miami Department of Public .Works, P.O_
Box 330708, Coconut Grove :Station, Miami , Florida 33133, and the
Miami -Dade Water and Sewer Authority, 3575South LeJeune Road,
M phone
�ami:,. Florida 33134, of the name,::address and number of_a
representative (and any replacement thereof) with whom contact
might be ,made"i n event of such emergency; and
8. UNIVERSITY shall relocate, remove, extend or abandon at
its own cost and expense said sanitary sewer forcemain when and
if the Director of the Department of Public Works determines that
this is necessary or advisable, and in the event that such a con-
tingency occurs and UNIVERSITY `shallfai1 to cause the aforementioned
removal , extension or = abandonment, wi thin ninety (90) days after the
mail `=ing<''of the written notice fromsaid Director" toUNIVERSITY, then
the City Manager of CITY shall as agent. of UNIVERSITY, which agency
is hereby specifically created, and said City Manager shall cause
the aforesaid removal exte1sion or abandonment of said sanitary
system and the total cost and 'expense. thereof shall be charged to
UNIVERSITY ; . and
9. UNIVERSITY shall obtain from all other governmental
agencies the required and necessary permi ts and approval for the
construction and connections of said sanitary sewer force main; and
10. UNIVERSITY shall hold CITY" harmless from any1iabi1i`ty
established by law arising because of this AGREEMENT,and will
defend or cause to be defended, any action brought against CITY in
connection herewith; and UNIVERSITY shall carry a general compre-
hensive liability insurance policy, which will include automobiles
and independent contractors, in the .amount :of $100,000.>/$300.,•000.
bodily injury and $50,000 property damage. Said policy of insurance
shall be procured by, and the premiums paid by, UNIVERSITY::; its
effective date -shall be effective` as of the date of this..AGREEMENT.
A certificate of insurance, bearing the name of CITY as the party
insured, or other proof of insurance coverage affording protection
to CITY, shall be provided to the satisfaction of CITY. Said
insurance shall provide that CITY be given at least thirty (30)
days advance written notice of any material change, cancellation
or non -renewal notification,UNIVERSITV shall immediately replaca
said policy with another policy to the satisfaction of CITY with
the receipt of such policy,by CITY' at least ten (10). days prior
to the effective date of such policy termination. In the further
event that CITV is not in possession ofsarne by such latter date,
then CITY shall have the right to immediately secure a' similar.
insurance policy in its name with the total cost of the premium
and and all those as may become dueduring the life of this AGREEMENT
being charged to UNIVERSITY and;
11. UNIVERSITY agrees that the right to use CITY's property
herein designated for the construction, :operation' and maintenance
of said sanitary sewer force main shall not be assignable, in whole
or in partwithout the written consent and approval of CITY's
Director of the Department of Public Works.
12. The term of this Agreement shall be for three (3) years,
with four(4) one year renewables or unless paragraph #8 of this
Agreement is exercised by the City of Miami.
It is expressly agreed that this instrument and obligation
shall be binding on UNI''VERSITY, its successors in interest or
assigns.
IN WITNESS WHEREOF, UNIVERSITY has caused these presents to
be executed and Signed in its name by its proper 'officers, and its
corporate seal to be affixed hereto and attested to by its Secretary
the day and year first above set above setforth,
CITY OF MIAMI, a municipal
corporation of the State of Florida
OLIVER G. F. BONNERT
BUSINESS MANAGER
CHARLES CAPPS,",S C ETARY.
UNIVERSITY OF'`MIAMI.
DIRECTOR
DEPARTMENT
DEPARTMENT OF PUBLIC WORKS
PREPARED AND APPROVED BY:
TERRY V. PERCY
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNOX, JR.
CITY ATTORNEY
PRORTIVE
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