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HomeMy WebLinkAboutCRA-R-06-0031 Back-up* )inn ii -''i • . �71.41p City of Miami Legislation CRA Resolution: CRA-R-06-0020 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl. us File Number. 06-00919 Final Action Date: 6/26/2006 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA ") AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AN AGREEMENT, IN A FORM ACCEPTABLE TO GENERAL COUNSEL, WITH MIAMI- DADE COUNTY FOR THE DESIGN AND INSTALLATION OF UPGRADES TO WATER AND SEWER FACILITIES IN A PORTION OF THE OMNI REDEVELOPMENT AREA; DIRECTING THE EXECUTIVE DIRECTOR TO PRESENT THE AGREEMENT TO THE CRA BOARD OF COMMISSIONERS FOR APPROVAL; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $3,500, 000, FROM OMNI TAX INCREMENT FUND, "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 686001.590320,6.860. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA"), is responsible for carrying out community redevelopment activities and projects in the Omni Redevelopment Area in accordance with its Redevelopment Plan ("Plan'); and WHEREAS, the Plan, at page 9, Section III. C., lists as a development objective the provision of "adequate public utilities and services for the area's residents and businesses" and, at page 26, Section V.B., provides for *Public infrastructure improvements including but not limited to, utilities ...; " and WHEREAS, certain of the water and sewer facilities in the redevelopment area are in need of upgrading to facilitate redevelopment and adequately serve the area's residents and businesses and WHEREAS, Miami -Dade County's Water and Sewer Department ("WASA") has submitted a proposal, to design and install upgrades to the water and sewer facilities in a portion of the redevelopment area (the "Project"); and WHEREAS, WASA must obtain the approval of the Board of County Commissioners of Miami - Dade County to perform the work with its own forces; and WHEREAS, as a prerequisite to requesting such approval, WASA has requested that the CRA appropriate funds for the Project; and WHEREAS, the Board of Commissioners wishes to authorize the Executive Director to negotiate an agreement with Miami -Dade County for these upgrades, and to allocate funds in an amount not to exceed $3,500,000, for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE Glty of Miami Page l of 2 Printed On: 7/62006 DRAFT 6 AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND MIAMI-DADE COUNTY FOR WATER AND SEWER INFRASTRUCTURE IMPROVEMENTS IN THE OMNI COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT, is made and entered into this day of , 2006, by and between the Omni Redevelopment District Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, hereinafter referred to as the "CRA," and MIAMI-DADE COUNTY, a political subdivision ofthe State of Florida, hereinafter referred to as the "COUNTY." WITNESSETH WHEREAS, the CRA and the COUNTY, through its Miami -Dade Water and Sewer Department, hereinafter referred to as the "Department," have identified the need for certain water and sewer infrastructure improvements in the CRA's Community Redevelopment Area, as shown on Exhibit "A" attached hereto and hereinafter referred to as the "Project;" and WHEREAS, the CRA's Community Redevelopment Area is bounded by N.E. 20th Street to the north, Interstate 395 to the south, the Florida East Coast Railway right-of-way to the west and Biscayne Bay to the east; and WHEREAS, the CRA has approximately $3,500,000 in funding for water and sewer improvements in the Community Redevelopment Area; and WHEREAS, the CRA and the COUNTY desire to improve the water ands sewer infrastructure to encourage redevelopment in the area; NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, the CRA and the COUNTY hereby agree as follows: 1. The COUNTY has identified twenty-eight (28) water and sewer facility improvement segments in the CRA's Community Redevelopment Area ranging in length from 130 to 1,540 feet, as shown on Exhibit "A" and identified as P1 thru P28. The COUNTY shall determine the sequence of the order in which the improvements shall be designed and installed, and intends to work from west to east within the Community Redevelopment Area. Within sixty (60) days of the execution of this agreement, the COUNTY shall provide the CRA with the anticipated sequencing. After a segment is designed by the COUNTY and permitted, the plans will be forwarded to the Department's Water Distribution Division for installation of that segment of the water and sewer facility CRA Agreement July 13, 2006 1 improvements. 2. The COUNTY intends to utilize the Department's personnel to install the improvements. However, in the event that the COUNTY personnel cannot perform the installation due to unforeseen conditions in the field or situations beyond its capability, such as the need to jack and bore or COUNTY personnel scheduling constraints, the COUNTY reserves the right, but not the obligation, to have the work performed by an independent contractor. In such event, the COUNTY shall have exclusive responsibility for the procurement of said services and shall charge such costs to the Project. The COUNTY will have no obligation to enforce or utilize any CRA or City of Miami procurement rules. 3. The CRA reserves the right to schedule meetings for informational purposes with the COUNTY at a place designated by the COUNTY upon forty-eight (48) hours notice. The CRA's contact person is Frank Rollason, CRA Executive Director, at (305) 679-6800. The COUNTY's contact person for design issues is Victor Femandez-Cuervo, Chief of Engineering for the Department, at (305) 669-7776. The COUNTY's contact person for installation issues is Luis Aguiar of the Department at (305) 547-7004. 4. The COUNTY shall be responsible for obtaining all governmental and regulatory approvals and all necessary permits for the improvements contemplated to be constructed in this Agreement. The CRA shall assist the COUNTY in permitting as may be necessary. 5. The CRA agrees to reimburse the COUNTY for the Project in the following manner: a. Upon execution of this Agreement, the COUNTY will submit an invoice to the CRA for $200,000, which will be an advance payment to the COUNTY toward the Project costs. This advance payment will be credited against the monthly invoices submitted by the COUNTY. b. Thereafter, on a monthly basis, the COUNTY will submit an invoice to the CRA for the actual cost incurred by the COUNTY during that month for the design and/or installation costs associated with the Project. The CRA shall reimburse the COUNTY for the final cost to design and construct the Project, including labor, materials, supplies, permit fees, vehicles, fringe benefits, overhead, consultant and independent contract costs and other related costs, as appropriate. The invoice will indicate the amount of expenses incurred to date for the Project. c. The CRA shall make full payments to the COUNTY within thirty (30) days from the invoice date. If said payments are not made within thirty (30) days, the COUNTY shall cease work on the Project. d. The CRA will reimburse the COUNTY for Project costs up to a maximum compensation of $3,500,000. The CRA anticipates appropriating additional funding in the amount of $500,000 in FY 2007. In the event the CRA obtains additional funding, it can authorize, and the COUNTY agrees to accept, CRA Agreement July 13, 2006 2 additional Project funding up to the maximum appropriated by the CRA. e. The COUNTY is not obligated to design or install water facilities for costs that exceed the total compensation in Paragraph 5.d. above and shall provide the CRA with ninety (90) days prior notice of expected utilization of the maximum compensation. The COUNTY does not warrant or represent that all of the project can be designed, permitted and constructed at a cost equal to or less than that specified in Paragraph 5.d above. 6. In accordance with the Department's approved Rate Schedule, for twelve (12) years fallowing completion of the Project the COUNTY shall collect a one-time water construction connection charge for properties connecting to the water facilities installed pursuant to this Agreement. This charge shall be calculated based on the front footage of the property connecting to the water facilities. The current water construction connection charge for properties connecting to a twelve -inch water main in this Project is $30 per front footage, plus interest. The COUNTY shall pay the water construction connection charges it collects to the CRA up to an amount not to exceed the CRA's contribution to the COUNTY for the Project. The CRA may, however, waive the water construction connection charges for a property by providing the COUNTY with written notice of such waiver signed by the CRA's Executive Director. Nothing contained herein shall prohibit the COUNTY from collecting its other water connection charges and the COUNTY shall retain all other charges so collected. 7. The CRA has the option to delete one or more of proposed segments of the water facilities from the list shown on Exhibit "A" to accelerate the design and installation of the improvements by other forces. Maximum compensation to the COUNTY will be reduced by the cost to the CRA for any deleted segments. 8. Upon completion of construction of the Project, the COUNTY shall be the sole and complete owner and shall assume full responsibility for maintenance of said Project. 9. The CRA will assist the COUNTY in obtaining any required easements and City of Miami permits. 10. The CRA will not cause this Project to be delayed. 11. Either party may terminate this agreement with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event the CRA terminates, this agreement, the CRA shall reimburse the COUNTY for all costs incurred to date associated with the Project. 12. This Agreement shall be governed by and construed according to the laws of the State of Florida, and venue shall be in Miami -Dade County, Florida. 13. The Project is expected to be completed within a three year period from the execution ofthis Agreement. However, this Agreement shall terminate when maximum compensation costs have been reached by the COUNTY and the CRA has reimbursed the COUNTY for its costs as described CRA Agreement July 13, 2006 3 in Paragraph 5 above. The COUNTY does not represent that the project will be completed in three years. 14. The COUNTY does not warrant that, either during the project or after, water capacity, sewer capacity, or both, shall be available in sufficient amount to permit any or all future connections to the County's utility system. Nothing herein shall obligate the County to provide water service, sewer service, or both within the area if such service is not available, or if such service is not consistent with rules and/or ordinances of Miami -Dade County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the date first written above. MIAMI-DADE COUNTY, FLORIDA, a political ATTEST: subdivision of the State of Florida. By: By: County Clerk George Burgess County Manager Approved as to Legal Form and Sufficiency: By: David Murray Assistant County Attorney OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to ATTEST: Section 163.356, Florida Statutes. By: By: Priscilla A, Thompson Frank K. Rollason Clerk of the Board Executive Director APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: By: By: LeeAnn Brehm, Director Risk Management CRA Agreement July 13, 2006 4 Jorge L Fernandez General Counsel