HomeMy WebLinkAbout24065AGREEMENT INFORMATION
AGREEMENT NUMBER
24065
NAME/TYPE OF AGREEMENT
MIAMI-DADE COUNTY
DESCRIPTION
JOINT PARTICIPATION AGREEMENT/PERFORM UTILITY
WORK IN CONNECTION WITH PROJECT NO. B-50421/FILE
ID: 13-01281/R-13-0469
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
9/15/2022
DATE RECEIVED FROM ISSUING
DEPT.
9/15/2022
NOTE
DOCUSIGN AGREEMENT BY EMAIL
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D1
CITY OF MIAMI
DOCUMENT ROUTING FORM
* IMCORP HMV
18 98 C
l
ORIGINATING DEPARTMENT: Office of Capital Improvements
DEPT. CONTACT PERSON: Charles McKinnon
File No: OCI 21106
EXT: 1289
NAME OF OTHER CONTRACTUAL PARTY/ENTITY:
Miami -Dade County
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS?
TOTAL CONTRACT INVOLVED AMOUNT: S836,829.66 FUNDING INVOLVED $
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE
SPECIFY)
PURPOSE OF ITEM
(BRIEF SUMMARY)
Joint Participation Agreement
❑ YES
® YES
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
For the City of Miami to perform utility work in connection with Office of.
® NO
❑ NO
Capital Improvements Project 40-B50421 located at SW 25th Street from SW 32nd Avenue to SW 27th Avenue.
COMMISSION
APPROVAL DATE: 21 November 2013 FIELD ID: 13-01281 ENACTMENT NO.: R-13-0469
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,
PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
PRINT: HECTOR BAD1A,
DEPARTMENTAL DIRECTOR
SIGNATURE:
INTERIM
p- DocuSigned by:
1 6
SUBMITTED TO RISK MANAGEMENT
PRINT: ANN-MARIESHAR
SIGNATURE:
V36B542B...
1—DocuSigned by:
FrAJAk InkAt11-
SUBMITTED TO CITY ATTORNEY
PRINT: VICTORIA
SIGNATURE:
MEND
,—DocuSigned
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by:
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APPROVAL BY ASSISTANT CITY MANAGER
PRINT: NZERIBE IHEKWABA
SIGNATURE:
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RECEIVED BY CITY MANAGER
PRINT: ART NOR1Elz
SIGNATURE:
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,—DocuSigned by:
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PRINT:
SIGNATURE:
850CF6C372DD42A...
,-DocuSigned by:
1)
ONE ORIGINAL TO CITY CLERK,
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
—E46D7560DCF1459...
2)
ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
CITY OF MIAMI & MIAMI-DADE COUNTY JOINT PARTICIPATION AGREEMENT
City of Miami Project No. B-50421
Miami -Dade Water & Sewer Department Project No. PCTS #15017
Location: SW 25th Street from SW 32nd Avenue to SW 27th Avenue
Date of Work: From 2nd Quarter Fiscal Year 2022 thru Fiscal Year 2023
THIS AGREEMENT, entered into this day of , year of , by
and between the City of Miami (the "CITY") and Miami -Dade County (the "COUNTY"),
WITNESSETH:
WHEREAS, on or about March 21, 2014, the CITY and the COUNTY entered into an
Interlocal Master Agreement, which was approved through CITY Resolution 13-01281 and
COUNTY Resolution 227-14; and
WHEREAS, the Interlocal Master Agreement provides the overall governing terms of the
relationship and protocol for the CITY and the COUNTY to follow when they wish to enter into
a Joint Participation Agreement ("JPA") in those instances where the CITY intends to engage in a
project that involves constructing, reconstructing or otherwise changing or improving a public road
(the "Project") and the COUNTY has utility facilities that must be protected, relocated, installed,
adjusted or removed within the public road or area that the CITY intends to improve through the
Project,
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, and consistent with the terms of the Interlocal Master Agreement, the CITY and
COUNTY hereby agree as follows:
1. The CITY shall perform the:
Design
X Construction
of the Utility Work to be done by the CITY in connection with its Project located at SW 25th Street
from SW 32nd Avenue to SW 27th Avenue to be performed in or around the 2nd Quarter of Fiscal
Year 2022 thru Fiscal Year 2023.
2. N/A As indicated in Paragraph 1 above, the CITY is to perform the
design work for the Utility Work. Accordingly, consistent with Paragraph (3)(c)(7) of the
Interlocal Master Agreement, the COUNTY shall pay the CITY a lump sum for the design work
1
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
within forty-five (45) days of the COUNTY's receipt of an invoice from the CITY for the design
costs as agreed to based on the design cost proposal provided to the COUNTY by the CITY within
two (2) weeks of the Mandatory Utility Meeting.
3. X As indicated in Paragraph 1 above, the CITY is to perform the
construction of the Utility Work. Based on the cost estimate agreed to by the CITY and the
COUNTY in advance of selection of the Contractor, the COUNTY agrees to pay: (a) 10 % of
the estimated total cost of the construction portion of the Utility Work for an Allowance account
to include the mobilization of equipment for Utility Work, additional maintenance of traffic costs
for the Utility Work, (b) 10 % of the estimated total cost of the construction portion of the Utility
Work for a Contingency Fund, which fund shall be dedicated to cover changes to the Utility Work
during construction, and (c) a prorated share of the administrative costs for the Utility Work, which
amount shall be 1% of the total estimated cost of the Utility Work.
4. X As indicated in Paragraph 1 above, the CITY is to perform the
construction of the Utility Work. Accordingly, consistent with Paragraph (3)(f)(4) of the Interlocal
Master Agreement, the COUNTY agrees that payments shall be made to the CITY for the
construction work in the following manner or at the following times:
X Invoice Submittal (City's reimbursement submittals for
completed project utility instalment work will include certified copies of
paid contractor payment requisition and proof of payment)
N/A Percentage at completion of phases of construction based on
submission of invoice from the CITY and review by COUNTY, which
payments shall be made by the COUNTY within forty-five (45) days of
receipt of CITY invoice
Initial Payment of % at start of Project
First payment at % at% of completion
Second payment at % at% of completion
Third payment at % at% of completion
Final payment at % at % of completion and
reconciliation of the project utility installment costs.
5. N/A As indicated in Paragraph 1 above, the CITY is to perform the
construction of the Utility Work and the COUNTY is to pay the CITY for that work in the manner
indicated in Paragraph 3; however, for the Utility Work related to this Project, the COUNTY is
2
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D1
entitled to reimbursement from . The documentation related to the COUNTY' s
basis for the reimbursement is attached hereto as Exhibit 1.
6. X As indicated above, the CITY is to perfonn the construction of the
Utility Work; however, the COUNTY will need to complete connection of the Utility Work to the
COUNTY's existing system.
7. X The WASD accepts the Utility Construction Costs estimate of
$836,829.66. In addition, the County agrees to pay $8368.29 (1% of the Utility Construction Cost
estimate) as the City's administrative fee for a total of $845,197.95 The County agrees to reimburse
the City in the manner indicated in Paragraph #4 above.
COUNTERPARTS / ELECTRONIC SIGNATURES. This document may be executed
in any number of counterparts, each of which so executed shall be deemed to be an original, and
such counterparts shall together constitute but one and the same CONTRACT/AGREEMENT.
The parties shall be entitled to sign and transmit an electronic signature of this
CONTRACT/AGREEMENT (whether by facsimile, PDF, or other email transmission), which
signature shall be binding on the party whose name is contained therein. Any party providing an
electronic signature agrees to promptly execute and deliver to the other parties an original signed
CONTRACT/AGREEMENT upon request.
MIAMI-DADE COUNTY, FLORIDA,
BY ITS BOARD OF
COUNTY COMMISSIONERS
Approved by County Attorney
as to form and legal sufficiency
Daniella Levine -Cava Assistant County Attorney
County Mayor or Mayor's Designee
CITY OF MIAMI, A Florida Municipal
Corporation
Arthur Noriega V
City Manager
LA
DocuSigned by:
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APPROVED AS TO FORM AND
CORRECTNESS:
,-DocuSigned by:
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Victoria Mendez
City Attorney
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DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
ATTEST: Approved as to Insurance Requirements:
DocuSigned by: ,- DocuSigned by:
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BY: E40D7.,GODCF14,5... D 1 ` 27395C6318214E7...
Todd Hannon
City Clerk
DocuSigned by:
(Affix City Seal
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Ann -Marie Sharpe
Director, Risk Management
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
Item Estimated
No. Quantity
Units
COST ESTIMATE
FURNISH AND INSTALL 8-IN D.I. WATER MAIN ALONG
SW 25 STREET
FROM SW 32ND AVENUE TO SW 27TH AVE
PCTS. 15017
Description
MIAM MIAMI-DADE
&IMNE WATER AND SEWER DEPARTMENT
Date: 7/8/2022
O ACCEPTED
❑ NOT ACCEPTED
Checked: J.Diaz, P.M.
Project ID• PCTS-15017
Reviewed:
TAKEOFF
QTY
AMOUNT
1
Aggregate
Sum
For performing preparatory work and operations in mobilizing for beginning the
work of the Project, including preparation and acceptance of MOT, but excluding
materials and permit costs, both of which are paid under other payment items
$ 60,104.17
1
60,104.17
2.
2,640
LF
For selling and delivering to the Department 8-inch zinc -coated ductile iron pipe,
fittings and valves for water main
$ 72.00
2,640
190,080.00
3.
2,640
LF
For installing 8-inch zinc -coated ductile iron pipe, fittings and valves for water main
$ 43.00
2,640
113,520.00
4.
75
LF
For selling and delivering to the Department 6-inch zinc -coated ductile iron pipe,
fittings and valves for water main
$ 121.00
75
9,075.00
5.
75
LF
For installing 6-inch zinc -coated ductile iron pipe, fittings and valves for water main
$ 70.00
75
5,250.00
6.
1
Each
For making tapping connection(s) to existing water main(s) at:
SW 25th Street and SW 27th Ave. (STA 35+98.99±)
including furnishing and installing tapping sleeve(s) (stainless steel) and tapping
valve(s), and cutting and capping existing main(s), as shown on the Plans,
complete
$ 10,000.00
1
10,000.00
7.
1
Each
For making cut-inconnection(s) to existing water main(s) at:
SW 25th Street and SW 31st Ave. (STA 10+45.50± along SW 31st Ave.; STA
19+87.22± along SW 25th Street)
including furnishing and installing tapping sleeve(s) (stainless steel) and tapping
valve(s), and cutting and capping existing main(s), as shown on the Plans,
complete
$ 9,300.00
1
9,300.00
8.
5
Each
For selling and delivering to the Department fire hydrant assemblies with guard
posts, complete
$ 3,200.00
5
16,000.00
9.
5
Each
For installing fire hydrant assemblies with guard posts, complete
$ 2,500.00
5
12,500.00
10.
2
Each
For removing and salvaging existing fire hydrant assemblies with elbow/shoe and
guard posts, complete
$ 2,500.00
2
5,000.00
11.
34
Each
For furnishing and installing 1-inch single service short, including reconnection of
$ 1,900.00
34
64,600.00
customer's service pipe and meter transfer complete
12.
44
Each
For furnishing and installing 1-inch single service long, including reconnection of
$ 2,200.00
44
96,800.00
customer's service pipe and meter transfer complete
13.
11
Each
For furnishing and installing 1-inch dual service short including reconnection of
$ 2,300.00
11
25,300.00
customer's service pipe and meter transfer complete, the price each of
14.
16
Each
For furnishing and installing 1-inch dual service long, including reconnection of
$ 2,700.00
16
43,200.00
customer's service pipe and meter transfer complete
15.
5
Each
For constructing Air Release Valve Assemblies (ARVs) for water mains at the
locations shown on the Plans, complete
$ 3,300.00
5
16,500.00
16.
2,640
Each
For furnishing and installing V-Bio polyethylene encasement for any size ductile
iron pipe, fitting, or valve
$ 0.60
2,640
1,584.00
17.
30
Each
For trench overcut in 1-foot depth increments, for any size pipe
$ 0.15
30
4.50
18.
60
Each
For sheeting and shoring ordered left in place by the Engineer
$ 0.15
60
9.00
19.
381
CY
For removal, transport and legal disposal of unsuitable backfill materials, including
tipping fees as ordered by the Engineer
$ 25.00
381
9,525.00
20.
381
CY
For furnishing and installing additional suitable backfill material as directed t y the
$ 13.00
381
4,953.00
Engineer
21.
25
SY
For constructing limerock base for Type "II" permanent pavement repairs
$ 125.00
25
3,125.00
22.
30
SY
For constructing Type "II" asphaltic concrete surface course permanent pavement
repairs
$ 188.00
30
5,640.00
23.
1,175
SY
For constructing limerock base for Type "M" permanent pavement repairs
$ 6.00
0
-
24.
1,490
SY
For constructing Type "M" asphaltic concrete surface course permanent
pavement repairs, the price per square yard of
$ 9.00
0
-
25.
357
SY
For cold milling FDOT roadway surface course for permanent pavement repairs
(nominal 1-1/2 inch thick) (area as shown an Plans)
$ 23.00
357
8,211.00
26.
1
Aggregate Sum
For replacing pavement markings damaged, removed or obliterated by the
Contractor's operation, the aggregate sum of
$ 3,700.00
0.5
1,850.00
27.
1,392
SF
For constructing concrete sidewalk restoration to match existing, the price per
square foot of
$ 2.00
0
-
28.
15
LF
For constructing concrete curb and gutter restoration to match existing
$ 31.00
0
-
29.
100
SY
For restoring sodded area, the price per square yard of
$ 5.00
0
-
30.
Aggregate
Aggreate Sum
For furnishing traffic control
$ 14,000.00
1
14,000.00
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
31.
SUBTOTAL
The SUM of Item Nos. 1 through 30
726,130.67
32.
Dedicated
For providing uniformed, off -duty police officers for the purpose of maintenance of
traffic
16,302.00
33.Engineer
Dedicated
Allowance
For cost of required permits, fees, inspections, impact fees, if authorized the
21,783.92
The sum of 3 % of the Subtotal Item No. 31,
(.03) x (Subtotal, Item No. 31)
34
Contingency
Allowance
For unforeseen conditions, for minor construction changes, and for quantity
adjustments, if ordered by the Engineer
72,613.07
The sum of 10% of the Subtotal Item No. 31,
(.10) x (Subtotal, Item No. 31)
35.
TOTAL BID
The SUM of Item Nos. 31, 32, 33 & 34
836,829.66
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
RE.11
RESOLUTION
Department of Capital Improvements Program 13-01281
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL MASTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), TO PROVIDE UTILITY WORK FOR THE COUNTY,
ESTABLISHING THE PROCEDURE FOR THE PERFORMANCE AND REIMBURSEMENT OF THE UTILITY WORK,
INCLUDING THE UTILITY DESIGN WORK TO BE PERFORMED AND THE UTILITY CONSTRUCTION WORK TO
BE CARRIED OUT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL JOINT
PARTICIPATION AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM AS "EXHIBIT A", WITHOUT
REQUIRING FURTHER CITY COMMISSION APPROVAL.
Summary Form.pdf 13-01281
Legislation.pdf 13-01281
Exhibits.pdf
Motion by Vice Chair Gort, seconded by Commissioner Carollo, that this matter be ADOPTED
PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 -
Commissioner(s) Suarez and Spence -Jones
R-13-0469 FINAL ACTION DATE: 11/21/2013
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01281
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL MASTER
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE
COUNTY ("COUNTY"), TO PROVIDE UTILITY WORK FOR THE COUNTY,
ESTABLISHING THE PROCEDURE FOR THE PERFORMANCE AND
REIMBURSEMENT OF THE UTILITY WORK, INCLUDING THE UTILITY DESIGN
WORK TO BE PERFORMED AND THE UTILITY CONSTRUCTION WORK TO BE
CARRIED OUT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL JOINT PARTICIPATION AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM AS "EXHIBITA", WITHOUT REQUIRING FURTHER CITY
COMMISSION APPROVAL.
WHEREAS, the Miami -Dade ("County") owns or may, in the future, own certain water and
wastewater facilities, including but not limited to, gravity sewer pipes, pump stations, reclaimed water
pipes, valves and valve covers, manholes and access covers, water pipes, sanitary sewage pipes,
meters, hydrants, and all appurtenances thereto, which are or may, in the future, be located in the City
of Miami's ("City's") public roads or lands (the "Facilities"); and
WHEREAS, the Miami -Dade Water and Sewer Department ("WASD") operates the County's
water and sanitary wastewater system; and
WHEREAS, the City engages in projects that involve constructing, reconstructing or otherwise
changing public roads and other improvements located on public roads or lands (hereinafter referred
to as either the "Project" or the "Projects"); and
WHEREAS, the City and the County may propose Projects that necessitate the installation,
relocation (vertically or horizontally), replacement, adjustment or removal of the Facilities or some
combination thereof (hereinafter referred to as "Utility Work"); and
WHEREAS, the City and the County desire to minimize delays, costs, and impact to the public,
which may result from lack of coordination and communication between or among them and their
respective contractors performing the Project or the Utility Work; and
WHEREAS, the City and the County desire to enter into a Master Agreement that establishes
the procedure for the performance and reimbursement of the Utility Work, including the utility design
work to be performed and the utility construction work to be carried out (the "Interlocal Master
Agreement"); and
WHEREAS, the purpose of the Interlocal Master Agreement and the individual Joint
Participation Agreements (hereinafter, "JPAs") is to perform the Utility Work with the Project in an
efficient, coordinated, economical and expeditious manner; and
WHEREAS, the individual JPAs shall not require further City Commission approval;
City of Miami Page I of 2 File Id: 13-01281 (Version: 1) Printed On: 10/28/2013
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
File Number: 13-01281
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings found in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute an Interlocal MasterAgreement, in
substantially the attached form, with the County to provide utility work for the County, establishing the
procedure for the performance and reimbursement of the utility work, including the utility design work
to be performed and the utility construction work to be carried out.
Section 3. The City Manager is further authorized {1} to execute individual JPAs, in
substantially the attached form as "Exhibit A", without requiring further City Commission approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED S TO FORM AND C•RRECTNESS:
VIC(FORIA MI NDEZ
CITY ATTORNEY
Footnotes:
{1} 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 City
Charter and Code provisions.
{2} 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.
City of Miami Page 2 of 2 File Id: 13-01281 (Version: 1) Printed On; 10/28/2013
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
MEMORANDUM
Agenda item No. 8(0) (1)
TO: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
FROM: R. A. Cuevas, Jr.
County Attorney
DATE: March 4, 2014
SUBJECT: Resolution approving execution
of an Interloeal Master
Agreement between Miami -Dade
County and the City of Miami
regarding utility work for Miami -
Dade County and establishing the
procedures for the performance
and reimbursement of the utility
work; authorizing the County
Mayor to execute individi l al Joint
Participation, Agreements with
the City of Miami as utility work
projects are identified and to
exercise any provisions
contained therein
Resolution No. R-227-14
The accompanying resolution was prepared by the Water & Sewer Department and placed on the
agenda at the request of Prime Sponsor Commissioner Juan C. Zapata,
RACilmp
R. A. Cuas,
County Attorney
1
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MIAMI DAIS
Memorandum cou�i t
Date: . March 4, 2014
To: Honorable Chairwoman Rebeca So a
and Members, Board of Cour l i imissionerr
From: Carlos A. Gimenez
Mayor
Subject: Resolution approving an interlocai ster Agreement establishing procedures for the
performance and reimbursement of utility work between the City of Miami and Miami -
Dade County and authorizing Individual Joint Participation Agreements with the City on
a project by project basis
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution
approving the execution of an interlocal Master Agreement establishing procedures for the performance
and reimbursement of utility work between the City of Miami and Miami -bade County, through its Water
and Sewer Department (WASD), and authorizing Individual Joint Participation Agreements with the City
on a project by project basis.
The City of Miami engages in projects to construct/resurface public roads or other improvements that
require utility work such as relocating or removing water and sewer facilities owned by the County, As
such, the City of Miami and the County wish to enter into this Interlocal Master Agreement and individual
Joint Participation Agreements to carry out the utility work needed without delay.
Scope
The utility work to be performed will take place inside the limits of the City of Miami which is located in
Districts 2, 3, 5, 6 and 7, Commissioners Jean Monestime, Audrey M. Edmonson, Bruno A. Barreiro,
Chairwoman Rebeca Sosa and Commissioner Xavier L. Suarez, respectively,
Fiscal Impact/Funding Source
The County will provide the funding for the utility work proposed for each specific project as the County.
owns the water and wastewater system and related appurtenances located In the City of Miami. As
projects are identified, individual Joint Participation Agreements will be. issued listing the appropriate
funding sources depending on the type of upgrade, water or sewer. The various and or combination of
funding sources that will potentially be used are listed below.
Water Distribution Upgrades
Water Renewal and Replacement
Water Revenue Bonds Sold ,
Water Connection Charges
General Obligation Bonds
Future Revenue Bonds
Sewer Collection Upgrades
Wastewater Renewal and Replacement
Wastewater Revenue Bonds Sold
Wastewater Connection Charges
General Obligation Bonds
Future Revenue Bonds
2
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Honorable Chairwoman Rebeca Rosa
and • Members, Board of County Commissioners
Page 2 •
Track Record/Monitor
WASD`s Deputy Director, Douglas L Yoder, will oversee the Implementation of this Interlocal Master
Agreement and the associated individual Joint Participation Agreements,
Background
This Interlocal Master Agreement provides the procedures for the performance and reimbursement of
the relocation, replacement or removal of water and sewer facilities owned by Miami -Dade County
installed within the City of Miami limits such as pipes, pump•stations, meters and hydrants when the City
engages in future roadway/resurfacing work or other improvements that require this type of utility work.
The utility work, which Includes design and/or construction, will be authorized through individual Joint
Participation Agreements (as shown in Exhibit A of the Interlocal Master Agreement) on a project by
project basis after it has been determined by the City of Miami and the County that the work is
necessary. Each Joint Participation Agreement will contain project specific terms,. conditions and costs,
Observance of the procedures stipulated in this Interlocal Master Agreement may reduce 1) the number
of project setbacks, 2) projects costs, and 3) traffic impacts to the public by improving the coordination
efforts between the City of Miami, the County and the respective contractors performing the needed
utility work. Approval of this interlooal Master Agreement will authorize the Mayor or Mayor's designee to
execute the individual Joint Participation Agreements on an as needed basis with no further action from
the Board,
This Interlocal Master Agreement will remain in full force for a ten (10) year period from the effective
date of the Agreement; however, it can be terminated at any time by either party with a thirty (30) day
notice.
The City of Miami Commission approved this Interlocal Master Agreement on November 21, 2013,
under Resolution No, R-13-0469, as attached.
Attachments
1
AiinT. Hudak
Deputy Mayor
3
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MEMORANDUIVI
(Revised)
TO: Honorable Chairwoman Rebeca Sosa DAI E: Match 4, 2014
and Members, Board. of County Commissioners
FROM: R. A. Cuevas, Jr.
County Attorney
SUBJECT: Agenda. Item No. 8(0) (1) .
Please 7aote any items eheeked,
"3-Day Rule" for com>< H±ees applicable if raised
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Decreases revenues or increases expenditures without balancing budget
Budget required
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Ordinance creating a new board requires detailed County Mayor's
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Current information: regarding fanding source, index code and available
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4
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Approved Mayor Agenda Item No. 8 (0) (1)
Veto 3-4-14
Override
RES OLUTION NO. R-227-I 4
RESOLUTION APPROVING EXECUTION OF AN
INT ERLO CAL MASTER AGREEMENT BETWEEN MIAMI-
DADE COUNTY AND THE CITY OF MIAMI REGARDING
UTILITY WORK FOR MIAMI-DADE COUNTY AND
ESTABLISHING THE PROCEDURES FOR THE
PERFORMANCE AND REIMBURSEMENT OF THE UTILITY
WORK; AUTHORIZING THE COUNTY MAYOR OR
MAYOR'S DESIGNEE TO EXECUTE INDIVIDUAL JOINT
PARTICIPATION AGREEMENTS 'WITH THE CITY OF
MIAMI AS UTILITY WORK PROJECTS ARE IDENTIFIED
AND TO EXERCISE ANY PROVISIONS CONTAINED
TBEREIN.
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein. by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF M MI-DADE COUNTY, FLORIDA, that this Board hereby
approves the execution of an Interlocal Master Agreement between Miami -Dade County and the
City of Miami regarding utility work for Miami -Dade County. The Interlocal Master Agreement
establishes the procedures for the performance and reimbursement of the utility work, including
the utility design work to be performed and the utility construction work to be carried out. The
Board also authorizes the County Mayor or Mayor's designee to execute individual joint
participation agreements with the City of Miami for the specific utility projects as they are
identified, in substantially the form attached hereto and made a part hereof.
The foregoing resolution was offered by Commissioner Dennis C. Moss
who moved its adoption. The motion was seconded by Commissioner Jn's0-`.P. ." Diaz
and upon being put to a vote, the vote was as follows:
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Agenda Item, No. 8(0) (1)_
Page IIo. 2
Rebeoa Sosa, Chairwoman
Lynda Bell, Vice Chair
Bruno A. Barreiro aye Esteban L. Bovo, Jr.
Jose "Pepe" Diaz aye Audrey M. Edmonson
Sally A. Heyman absent Barbara J. Jordan
Jean Monestime aye Dennis C. Moss
Seri, Javier D. Saute aye Xavier L. Suarez
Juan C. Zapata absent
aye
absent
aye
absent
aye
aye
aye
The Chairperson thereupon declared the resolution duly passed and adopted this 41,111 day
of March, 2014. This resolution shall become effective ten (10) days after the date of its
adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
Approved by County Attorney as
to form and legal sufficiency.
Sarah Davis
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
By:
Deputy Clerk
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-4483263301D1
copy
INTERLOCAL MASTER AGREEMENT BETWEEN MIAMI-DADE COUNTY AND
.CITY.OEMIAMI TO PROVIDE- MI/TY WORK FOR MfAMI-DADE COUNTY
o <541'
.aNT, entered into this .0 day of Viee/t,L , 211', by and
between Miami -Dade County, a political subdivision of the State of Flotlaa (the "COUNTY")
and the City of a nimricipal corporation organized awl eAsting -under the laws of the
State, ofElorida (the "CITY");
WITNESSOI:
WEBREAS, the COUNTY owns or may; in tile future, ova certain watq and wastewater
,including butt tinted to, .graVity SeikerpteS, pump statiOns, teelaimed .water pipes,
441:TATeVP covers, manholes Read 40.00s0 covers:, water 80n1tary sewage pipes, meters,
hydrant, and all appurtenances thereto., which are or may; mtheBI:tire, he located in the CTIY's
public roads or lands (the "FACILITIES"); and.
WIWBA5? the Miami -Dade Water & Sowei. Department ("WASD") operates the
00tINTY18 wat.drald Nast _3-f•ateltr; mi
WHE: REAR,. the CITY engages in projeots that involve eenstnicting, reconstructing or
otherwise ehai30$ pane roads and other improvements located on public roads or lands
(hetein referred te asWho. 1h"Project" or the "PrOjeets1; and
"grgERUS;thCr.f..Y Rua tlao COUNTY trf8Y propose PX016..0t8. that tWaggItatb the
installation) relocation:(vertioally and/or horizontally), roplaxement, adjustment oi retnovat Of the
combitiatim. thereof (lea..,einafter referred to as 'Utility Wolkv); -and
VM-13A-$, the MY 04 the COUNTY do4re to toiliitiso dday.§, costs, and impact to
which may 'res.* from lack of cooti:litlatiOn and cot between or among
tkom and their respect:1w contractors p-aforming the. Projea and/ot to Utility %jig and
AS,. the CITY and the COUNTY deSke to ardor into a master agreement that
stbhshe 0.1015.1.:00010 or thO.p41.0-ot aid yoiktibitgazit ofthe Utthty We*, inclifdirig
the laity rtoin wpk, to be pre-deo:1110 and the thhty COnstroiien Work to be eanied out (the
"Interineal MasterAgreemenn and
VITZUAN,,thput of this Interlocal Faster Agreement and the individual joint
participation -We:Monts (hereinpfter,. "-RA!) IS to poatm tb.0 Inv Work with the Project in
an effleienti coordipted, economical and .ekpoditiott. Ittp.tiftq,
NOW, THIBkBFOF.B, m coiisidbtatioii of the pietnises and the mutual covenants
cotai-ned, he -rein, the OZTY .ftzt the COUNTY13,00.13.y age -a as.
1. Every November, the CITY will prepare and provide to the COUNTY a list of Projects
that it itYtends to begin engineering design for in the next two years. This list of Projeots
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will include anything involving roadway or subsurface work as well as Projects involving
landscaping, resurfacing, drainage and lighting. The list of Projects will include the
scope of work and schedule/timing for each Project. Such list may be amended after the
exchange, but it is the intent of the CITY to give the COUNTY advance notice of
anticipated Projects with sufficient lead time for planning and funding purposes. Within
sixty (60) days of the exchange of the list of Projects, the COUNTY will review and
identify the Projects from the CITY's list that are potential candidates for proposed
WASD infrastructure improvements within the limits of any Project that is new to the
list. Additionally, at this time, the COUNTY will notify the CITY of any projects on the
CITY's list that do not correspond with projects that WASD has placed on its Capital
Improvements Plan and, therefore, will constitute Utility Work that is being taken out of
order for WASD.
2. In the event the CITY and the COUNTY determine and agree that Utility Work may be
necessary for any Project, a Joint Participation Agreement ("JPA"), in substantially the
same form as the JPA attached hereto as Exhibit A, will be executed by the CITY and the
COUNTY. A JPA will be entered into for design work, if applicable, and a separate JPA
will be entered into for construction work, if applicable. Each JPA will specify the
Project -specific terms, conditions and costs associated with the design and/or
construction of all Utility Work for each Project.
3. Utility Coordination and Identifying/Implementing Projects
For any Project where the CITY or COUNTY determines that Utility Work may be
necessary, the following procedure will be utilized (although the CITY and the COUNTY
may mutually agree to combine or eliminate any portion of the procedure that may not be
applicable to a specific Project) for purposes of implementing a JPA:
a. Identifying Projects/Utility Coordination
(1)
(3)
Upon receipt of the list of Projects from the City every November, WASD
will have sixty (60) days to advise the CITY of its possible interest in
entering into a JPA for the Utility Work necessary for the Projects
identified. In the event that the CITY is able to undertake additional
Projects due to new funding sources not identified in the fiscal budget, the
CITY will notify WASD, and all of the above terms will apply.
(2) Upon completion of 30% of the design work for a particular CITY Project,
the CITY shall send a written notice to WASD, including the 30% design
work (the "Notice") (see Paragraph 10 herein for requirements of notices),
which will set forth the scope and timeline of the particular CITY Project.
WASD shall inform the CITY of its interest in entering into a JPA or not
within thirty (30) days of the Notice and submittal of 30% of the design of
the CITY's Project by the CITY. To the extent possible at this point in
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the Project, WASD shall inform the CITY of the preliminary proposed
scope for the Utility Work and whether the JPA will be for design and/or
construction by the CITY.
b. Mandatory Utility Meeting
(1) If WASD sends a written response to the CITY's Notice expressing a
desire to enter into a JPA for design and/or construction of the Utility
Work, the CITY shall propose in writing a time, date and location for a
mandatory meeting (the "Meeting Notice") between the representatives of
the CITY and WASD who will be managing and/or supervising the Utility
Work to discuss the parameters of the Project and implement the process
for a mutually beneficial Project (hereinafter, the "Mandatory Utility
Meeting"). Within two business days of receipt of the Meeting Notice,
WASD will confirm its availability for the Mandatory Utility Meeting at
the time, date and location specified on the Meeting Notice or will suggest
in writing other possible dates, times or locations for the Mandatory
Utility Meeting.
(2) The CITY's and WASD's representatives will bring any information
pertinent to the Project to the Mandatory Utility Meeting, including but
not limited to, the CITY's thirty percent (30%) design work for the Project
as well as reports and as -built drawings of the existing WASD Facilities.
(3)
At the Mandatory Utility Meeting, the CITY and WASD will discuss and
identify the scope of the Utility Work to be done by the CITY, and if
applicable, the scope of the Utility Work to be done by WASD.
Additionally, the minimum qualifications for the CITY designer and
contractor will be discussed, if the CITY is to do the design work for the
Utility Work. At the Mandatory Utility Meeting, if the CITY and WASD
disagree as to the scope of the Utility Work to be performed by each party
and the Mandatory Utility Meeting is adjourned before an agreement can
be reached, the CITY and WASD will not move forward with a JPA for
the design or construction of the Utility Work. WASD, at its own
discretion, will decide whether to proceed with the Utility Work and when
it will proceed with such work.
(4) If a JPA is not entered into at the conclusion of the Mandatory Utility
Meeting, the CITY will, nevertheless, execute a Letter of Intent to proceed
with the Project. The Letter of Intent will be in substantially the same
form as that attached hereto as Exhibit B. The purpose of the Letter of
Intent is to ensure that, if WASD moves forward with the design work
required for the Utility Work necessary for the Project and incurs the
expenses associated with such design work, the CITY will not discontinue
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(5)
or unreasonably delay the Project and WASD's resources will not be
wasted.
Regardless of whether the CITY or WASD is performing the design work,
the roadway plans shall be designed in a manner to reduce and minimize
any conflicts with WASD Facilities. Where conflicts are identified, the
CITY and WASD agree to resolve the conflicts in the most cost-effective
manner that is the least disruptive to the general public and is the least
costly to the residents of Miami -Dade County.
(6) Regardless of whether the CITY or WASD is performing the design
aspect of the Utility Work, each will fully cooperate with all Right -Of -
Way ("ROW") users in the preparation of the design. To the extent a
conflict arises in the design process with a ROW user other than WASD or
the CITY, the CITY and WASD agree to resolve the conflicts in the
manner that is least disruptive to the general public and is the least costly
to the residents of Miami -Dade County.
c. CITY to Design Utility Work
(1) Within two (2),weeks after the Mandatory Utility Meeting, if the parties
desire to enter into a JPA for the design work, the CITY will provide a
design cost proposal to WASD for the design work to be performed by the
CITY for the Utility Work.
(2) If WASD agrees with the design cost proposal provided by the CITY for
the design work, it will provide written confirmation of its agreement with
the design cost proposal within ten (10) business days of its receipt of the
design cost proposal. In its written confirmation, WASD will also
reconfirm its desire to enter into a JPA with the CITY for the design work.
(3)
If WASD does not agree with the design cost proposal provided by the
CITY for the design work, it will advise the CITY of its disagreement in
writing within five (5) business days of receipt of the proposal and will
propose a date, time and location for a second meeting between WASD
and the CITY to discuss the design cost proposal for the design work. The
second meeting shalltake place no later than ten (10) business days from
WASD's receipt of the CITY's design cost proposal for the design work.
If either WASD or the CITY do not wish to have a second meeting to
discuss the CITY's design cost proposal, whichever party declines the
second meeting will also make it clear in writing that it no longer wishes
to proceed with a JPA for the Utility Work.
(4) If the CITY' s design cost proposal is not acceptable to WASD but the
parties conduct a second meeting and reach an agreement as to the design
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(5)
cost proposal, WASD will provide written confirmation of its agreement
with the revised design cost proposal and a reconfirmation of its desire to
proceed with a JPA for the design work.
If the parties cannot reach an agreement as to the CITY's design cost
proposal, WASD will be responsible for the design work. As set forth in
Section 3(d) below, the CITY and COUNTY may enter into a construction
JPA where WASD will provide the design work to the CITY for inclusion
in the CITY' s construction contract documents.
(6) If the CITY and WASD agree that the CITY will perform the design work
based on the design cost proposal or revised design cost proposal, as
applicable, the CITY will prepare, execute and forward two originals of
the JPA for the Utility Work to WASD for approval. The COUNTY will
execute both original JPAs and return a copy to the CITY within ten (10)
business days of its receipt of the CITY' s executed JPA.
(7)
Once the JPA is executed by WASD, the CITY will submit an invoice to
WASD for the design work for a lump sum amount. WASD will pay the
invoice within forty-five (45) days of receipt of the invoice. WASD shall
have the right to review and audit the CITY' s records regarding use of the
lump sum payment.
(8) The CITY shall submit the Utility design materials to WASD for review
and approval when the design of the Utility Work is thirty percent (30%)
complete, again when the design is sixty percent (60%) complete, and
again when the design is ninety percent (90%) complete. In the event
WASD finds deficiencies in the design materials, it will notify the CITY
of such deficiencies in writing within ten (10) business days after each
submittal. The CITY's Procurement and Risk Management Directors
shall have the right to review WASD's comments to ensure that they
comply with the CITY's Code. Within thirty (30) days of the CITY's
receipt of WASD's notification of deficiencies, the CITY will correct the
deficiencies and return the corrected documents for WASD's review and
approval.
(9)
When the design is one -hundred percent (100%) complete, the CITY shall
provide WASD with a final set of coordinated design documents (the
"Plans Package"). The Plans Package shall, at a minimum, include: final
accepted engineering design drawings; "dry -run" permit approvals;
technical specifications and special provisions; an estimated opinion and
probable construction cost, including contingency and allowance account
funds for the construction of the Utility Work; and the minimum
contractor qualifications. The Plans Package will also identify any and all
activities and work necessary for the Utility Work, including but not
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limited to, clearing and grubbing; survey work; and a traffic control plan.
WASD shall review and provide final acceptance in writing to the CITY
of the Plans Package within ten (10) business days.
(10) If the CITY requests information from WASD's files, WASD shall furnish
such information to the CITY within ten (10) business days from the
CITY' s request. The CITY, however, shall remain solely responsible for
the proper preparation of the design materials in accordance with. WASD
Design and Construction Standards.
d. WASD to Design Utility Work
(1). After the Mandatory Utility. Meeting, if the CITY and WASD agree that
WASD will perform the design work, then WASD and the CITY will
develop a mutually agreeable timeline and coordinate their utility and
roadway design efforts.
(2) WASD shall submit the Utility design materials to the CITY for review
and approval when the design is thirty percent (30%) complete, again
when the design is sixty percent (60%) complete, and again when the
design is ninety percent (90%) complete. In the event the CITY finds
deficiencies in the design materials, it will notify WASD of such
deficiencies in writing within ten (10) business days after each submittal.
Within thirty (30) days of WASD's receipt of the CITY's notification of
deficiencies, WASD will correct the deficiencies and return the corrected
documents.
(3)
Ultimately, WASD will submit to the CITY a Plans Package, which shall,
at a minimum, include: final accepted engineering design drawings; "dry -
run" permit approvals; technical specifications and special provisions; an
estimated opinion and probable construction cost, including contingency
and allowance account funds for the construction of the Utility Work; and
the minimum contractor qualifications. The Plans Package will also
identify any and all activities and work necessary for the Utility Work,
including but not limited to, clearing and grubbing; survey work; and a
traffic control plan. The CITY shall review and provide final acceptance
in writing to WASD of the Plans Package within ten (10) business days.
(4) If WASD requests information from the CITY's files, the CITY shall
furnish such information to WASD within ten (10) business days from
WASD's request; however, if WASD is to perform the utility design
work, it shall, at all times, remain solely responsible for the proper
preparation of the design materials.
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e. Construction of Utility Work
(1) Upon completion of the design work by either the CITY or WASD, and
approval of the design work by the party who did not perform the design
work, the CITY will incorporate its design plans or WASD's Plans
Package into a request for solicitation. WASD will receive a copy of the
request for solicitation fifteen (15) business days before it is advertised
and will provide its comments regarding such request for solicitation
within ten (10) business days. WASD shall provide any and all
procurement language required by the County that may need to be
included in the CITY's solicitation. This should include any COUNTY
code requirements or COUNTY procurement requirements that m.ay be
necessary. Language should be included in the CITY's solicitation that
notifies the bids that the Utility Work is being funded by a JPA with
WASD and that funding for the Utility Work will be released after
satisfactory inspection by WASD. The solicitation shall include a separate
bid item for the Utility Work. The CITY shall procure a contract for
construction of the Project, including the Utility Work, in accordance with
the CITY' s legal and statutory requirements.
(2) Regardless of whether the CITY or the COUNTY will be performing the
construction aspect of the Utility Work, the CITY and the COUNTY agree
that the Facilities shall, at all times, remain the property of the COUNTY.
(3) CITY to Construct Utility Work
(i)
Before the CITY selects a contractor from the bids received in
response to the request for solicitation, WASD shall have an
opportunity to review the Utility Work portion of the bids for
balance and shall have the right to recommend and/or provide
comments/evaluation to the CITY as to which contractor should
receive the award.
(ii) If the portion of the bid of the contractor selected by the CITY for
performance of the Utility Work is within ten (10) percent of the
cost estimate provided in the Plans Package and agreed to by the
CITY and WASD in advance of the publication of the request for
solicitation, the CITY will prepare, execute and forward to WASD
two (2) originals of the JPA for the construction aspect of the
Utility Work. WASD will execute the JPA and return a copy to
the CITY within ten (10) business days of its receipt of the CITY's
executed JPA. If the bid of the contractor selected by the CITY for
the performance of the Utility Work is more than ten (10) percent
of the cost estimate provided in the Plans Package and agreed to by
the CITY and WASD in advance of the publication of the request
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for solicitation, WASD shall have the right to reject the bid for the
Utility Work and take over construction of the Utility Work itself.
(iii) Immediately upon award of the contract for the construction aspect
of the Project, WASD will receive notice of the award from the
CITY and will provide the funds to the CITY in accordance with
the terms of the executed construction JPA.
(iv) The CITY' s contractor shall begin construction on the Project,
including the Utility Work, once a Notice to Proceed has been
issued by the CITY.
(v) The CITY shall obtain all necessary permits and utility
adjustments and will coordinate the review of construction
documents by the utilities and permitting agencies. The CITY
shall obtain all necessary permits for the Project, including the
Utility Work, in accordance with applicable state, federal and local
laws and ordinances. WASD will use good faith efforts to assist
the CITY in expeditiously obtaining all permits from COUNTY
departments.
(vi) WASD shall fully cooperate with the CITY's contractor in all
matters relating to the performance of the Utility Work.
(vii) WASD shall perform all construction inspections, testing and
monitoring of the Utility Work to insure that it is properly
performed in accordance with the Plans Package or the CITY's
designs. When the Utility design work was completed by the
CITY, the CITY shall be responsible for reviewing contractor -
furnished engineering submittals and will provide its written
acceptance of the submittals to WASD for its review and approval.
When the Utility design work was completed by WASD, WASD
shall be responsible for reviewing contractor -furnished engineering
submittals and will provide its written acceptance of the submittals
to the CITY for its review and approval. Except for the inspection,
testing, monitoring and reporting to be performed by WASD, the
CITY will perform all contract administration for its contract.
(viii) The CITY's engineer has full authority to supervise the Project.
The CITY's engineer shall confer with WASD when any
adjustments and/or changes to the Plans Package or the CITY's
designs affect the Utility Work portion of the Project. If WASD
does not agree with the adjustments/changes proposed by the
CITY's engineer, WASD will provide the CITY with an
explanation from its engineer based on the WASD Standard Utility
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Specifications, which Specifications will ultimately control in the
event of any disagreements related to adjustments or changes to the
Plans Package and are available on the WASD website or by
request.
(ix) Change Orders related to Utility Work are subject to review and
approval of WASD prior to any compensation to the Contractor.
(x) The CITY' s Contractor will be required to provide a payment and
performance bond in accordance with Florida Statute Section
255.05 that includes the COUNTY as an additional named party on
the bond. The CITY's Contractor will also be required to provide
a one-year maintenance bond (one-year from the date of
completion and final inspection of the work), which bond shall
name and benefit the COUNTY directly.
(4) WASD to Construct Utility Work
(i)
If the portion of the bid of the contractor selected by the CITY for
performance of the Utility Work exceeds the cost estimate agreed
to by the CITY and WASD by more than ten (10) percent, WASD
may decline to enter into a JPA with the CITY for the construction
aspect of the Utility Work. WASD will notify the CITY that it will
not enter into a JPA for the construction work in writing within
fourteen (14) days of its receipt of the bid/contractor materials.
(ii) If WASD elects to perform the construction of the Utility Work,
WASD shall proceed with the construction, as set forth in the Plans
Package or the CITY's designs, within fourteen (14) days of its
notification to the CITY in writing of its choice to forgo the JPA
for construction of the Utility Work and its intent to proceed with
the work itself.
(iii) If WASD is to perform the construction, WASD shall be
responsible for obtaining all necessary permits and will coordinate
the review of construction documents by the utilities and
permitting agencies. The CITY will use good faith efforts to assist
WASD in expeditiously obtaining all permits from CITY
departments.
f. Cost of Utility Work
(1) The Utility Work will be performed at the sole cost and expense of
WASD, unless WASD is entitled to reimbursement or funding for the
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Utility Work from another source, including but not limited to the
following circumstances (collectively, "Reimbursable Work")
• when the Project is federal aid eligible, meaning 50% or more of
the Utility Work is for existing facilities;
• when a written agreement incidental to a right-of-way acquisition
process requires the CITY to compensate WASD for the costs of
any subsequent relocation of the Facilities; or
• when WASD holds a compensable land interest under Florida
condemnation law in the existing location of the Facilities at the
time of the Project.
(2) Failure of WASD to provide documentation for the basis to obtain
reimbursement under one of the bulleted scenarios in provision 3(f)(1)
above before it makes payment to the CITY shall result in the Utility
Work being deemed non -reimbursable.
(3)
WASD shall be responsible for all reasonable and necessary costs of the
portion of Utility Work that is WASD's responsibility and all costs
associated with any adjustments or changes to the Utility Work that
conform to the WASD Standard Utility Specifications and are determined
by the CITY's engineer to be necessary, including but not limited to, the
cost of changing the Plans Package or the CITY's designs and the increase
in the cost of performing the Utility Work, unless such adjustments and
changes are necessitated by an error or omission of the CITY; however,
WASD shall not be responsible for any costs that exceed ten (10) percent
above the probable construction cost, unless such additional costs are a
direct result of a change to WASD's Standard Utility Specifications, or
change in scope of work initiated by WASD, after the design was
completed or construction has begun. The City shall not bear the burden
of costs related to unforeseen construction conditions that may arise.
After the Contingency/Allowance Fund (which may be used in accordance
with the provisions of Paragraph 3(f)(5) below) has been depleted, no
additional funds will be available from WASD or the COUNTY for
completion of the Project and the costs for completion of the Utility Work
will become the sole responsibility of the CITY and/or its contractor.
Additionally, WASD shall not be responsible for the cost of delays caused
by such adjustments or changes unless such changes or adjustments are as
a result of errors or omissions made by WASD.
(4) The JPA for the CITY's construction of the Utility Work shall specify the
manner and, where applicable, the percentage of payment from the
COUNTY. The JPA for the CITY's construction of the Utility Work shall
also specify the amounts set aside for Allowance and Contingency
accounts.
10
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(5)
Upon final payment by the CITY to its contractor, the CITY will have its
final and complete accounting of all costs incurred in connection with the
work performed on the Project, including the Utility Work completed.
The CITY shall provide the COUNTY with Final Releases from the
Contractor. All project cost records and accounts shall be available to
WASD for a period of three (3) years after the final close of the Project for
purposes of review and audit.
(6) Within thirty (30) days after the final close-out of the Project, the CITY
will notify WASD of the final cost of the Utility Work. In the event the
final cost of the Utility Work is less than the total of deposits by WASD in
connection with the Project, a refund of the excess will be made by the
CITY to WASD within sixty (60) days of the final close-out.
4. Claims Against the Parties Related to Utility Work
a. In the event the CITY's contractor submits a notice of intent to make a claim against
the CITY related to the Utility Work being constructed by WASD, the CITY will
notify WASD of the notice of intent to make a claim, and WASD will cooperate with
the CITY in analyzing and resolving the claim. In addition, upon notification of the
contractor's notice of intent, WASD will keep and maintain daily field reports and
records related to the intended claim.
b. In the event the CITY's contractor submits a notice of intent to make a claim against
the CITY related to the Utility Work being constructed by the CITY, the CITY will
notify WASD of the notice of intent to make a claim, and WASD will cooperate with
the CITY in analyzing and resolving the claim. In addition, upon notification of the
contractor's notice of intent, the CITY will keep and maintain daily field reports and
records related to the intended claim.
c. After the CITY and WASD have analyzed all contractor claims, each party will be
responsible for paying its respective liability for its portion of any claim as
determined by the analysis by the CITY and WASD. However, each party reserves
all rights and defenses to any such claims.
5. Compliance with the Law
The CITY and the COUNTY shall each comply with applicable federal, state and local
laws, codes, ordinances, rules and regulations in performing their respective duties,
responsibilities, and obligations pursuant to this Agreement and with all applicable laws
relating to the Project, including the Utility Work. Neither the CITY nor the COUNTY
shall unlawfully discriminate in the performance of their respective duties under this
Agreement.
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Moreover, whenever COUNTY funds are used, the CITY agrees to comply with
applicable COUNTY procurement requirements and regulations, including but not
limited to, the Community Small Business Enterprise (CSBE) Program, Community
Business Enterprise (CBE) Program, the Community Workforce Program (CWP), and the
Responsible Wages and Benefits Ordinance (Ordinance No. 90-143). The CITY also
agrees to comply with the COUNTY's Ordinance 2-1076 regarding the Inspector
General. Specifically, the CITY agrees to abide by the applicable contract measure
recommendation(s) established by the Department of Business Development Project
Worksheet for the participation of specified business entities and/or trades, and for CWP
requirements, as administered by the COUNTY's Department of Small Business
Development (SBD). SBD shall have the right to oversee and perform compliance
monitoring, including but not limited to, the right to audit and require reports and
documentation related to the Miami -Dade County Code.
6. Force Majeure
Neither the COUNTY nor the CITY shall be liable for any consequences caused by force
majeure, inevitable accident or occurrence or cause beyond the reasonable control of the
COUNTY or the CITY and such an act shall not constitute a breach of this Agreement on
the part of the COUNTY or the CITY. Additionally, neither the COUNTY nor the CITY
shall be liable to the other entity, its agents, its inhabitants or its customers for any
damage resulting from such act or its consequences. As used herein, force majeure shall
mean an act of God, which includes but is not limited to: sudden, unexpected or
extraordinary forces of nature such as floods, washouts, storms, hurricanes, fires,
earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable
accidents or occurrences shall mean those which are unpreventable by the COUNTY or
the CITY and shall include but not be limited to: strikes; lockouts; other industrial
disturbances; wars; blockages; acts of terrorism; insurrections; riots; federal, state county
and local governmental restrictions, regulations and restrains; military action; civil
disturbances; explosions; and conditions in federal, state, county and local permits.
7. Dispute Resolution
The COUNTY and the CITY shall resolve any disputes, controversies or claims between
them arising out of this Agreement in accordance with the "Florida Governmental
Conflict Resolution Act," Chapter 164, Florida Statutes, as amended. This Agreement
shall be governed by the laws of the State of Florida. Venue in any proceedings shall be
in Miami -Dade County, Florida. Each party will bear its own attorneys' fees and costs.
8. Default
If either the CITY or the COUNTY fails to perform its obligations under this Agreement
or any project -specific JPA between the CITY and COUNTY, the non -defaulting party
shall be entitled to reimbursement in full of all documented costs it has expended in
connection with the Utility Work. Moreover, in accordance with the provisions of
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DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
Paragraph 7 above, the non -defaulting party may, but is not required to, seek specific
performance against the defaulting party. Further, any payments that have been made as
of the date of default by the non -defaulting party, including all Contingency/Allowance
Funds, deposits, etc., shall be refunded in full.
9. Entire Agreement, Amendments, Joint Preparation, Severability
a. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements and understandings applicable to the matters contained
herein, with the exception of the individual JPAs to be entered into on a Project
by Project basis.
b. No modifications, amendments or alterations in the terms herein shall be effective
unless made in writing, approved and signed by all parties hereto.
c. Additionally, the CITY and the COUNTY acknowledge that this Agreement was
prepared jointly, and each party had an opportunity to seek and receive whatever
advice and counsel was necessary for them to form a full and complete
understanding of all rights and obligations herein. The language agreed to
expresses their mutual intent, and, as a matter of judicial construction, the
resulting document shall not_ be construed more severely against one of the
parties.
d. In the event a portion of this Agreement is found to be invalid by a court of
competent jurisdiction, the remaining provisions shall continue to be effective
unless the CITY or the COUNTY elect to terminate this Agreement. An election
to terminate this Agreement based upon this provision shall be made within ten
(10) business days after the finding by the court becomes fmal.
10. Notice
a. All notices required pursuant to the terms hereof may be sent by first class United
States Mail, facsimile transmission, electronic mail, hand delivery or overnight
delivery and shall be deemed to have been received by the end of five business
days from the proper sending thereof unless proof of prior actual receipt is
provided. The parties shall have a continuing obligation to keep one another
apprised of the appropriate persons for notices to be sent to pursuant to this
Agreement. Unless otherwise notified in writing, notices shall be sent to the
following addresses:
(1) If to the COUNTY/WASD:
Miami -Dade Water & Sewer Department
Attn: Director
3071 S.W. 38th Avenue, 5th Floor
Miami, FL 33146
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DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
With a copy to:
Miami -Dade County
Attn: County Attorney
111 N.W. 1st Street, Suite 2810
Miami, FL 33128
(2) If to the CITY:
City of Miami
Attn: City Manager
3500 Pan American Drive
Miami, FL 33133
With copies to:
City of Miami
Attn: City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130
City of Miami
Attn: Director of Public Works
444 S.W. 2nd Avenue, Suite 325
Miami, FL 33130
11. Term
This Agreement shall be and remain in full force and effect for a period of ten (10) years
from the effective date of this Agreement, provided, however, that this Agreement may
be terminated at any time. If either party wishes to terminate this Agreement, that party
must provide thirty (30) days notice to the other party. If one of the parties seeks to
terminate this Agreement, all projects that have been proceeding pursuant to the terms of
this Agreement will survive and be completed in accordance with the Agreement's terms.
12. Miscellaneous
The CITY and the COUNTY agree that time is of the essence in the performance of all
obligations under this Agreement.
[SIGNATURES APPEAR ON NEXT PAGE]
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-4483263301D1
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DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
EXHIBIT A
CITY OF MIAMI & MIAMI-DADE COUNTY JOINT PARTICIPATION AGREEMENT
City of Miami Project No.
Miami -Dade Water & Sewer Department Project No.
Location:
Date of Work:
THIS AGREEMENT, entered into this day of , year of by
and between the City of Miami (the "CITY") and Miami -Dade County (the "COUNTY"),
WITNESSETH:
WHEREAS, on or about , the CITY and the COUNTY entered into an
Interlocal Master Agreement, which was approved through CITY Resolution and
COUNTY Resolution ; and
WHEREAS, the Interlocal Master Agreement provides the overall governing terms of
the relationship and protocol for the CITY and the COUNTY to follow when they wish to enter
into a Joint Participation Agreement ("JPA") in those instances where the CITY intends to
engage in a project that involves constructing, reconstructing or otherwise changing or
improving a public road (the "Project") and the COUNTY has utility facilities that must be
protected, relocated, installed, adjusted or removed within the public road or area that the CITY
intends to improve through the Project,
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, and consistent with the terms of the Interlocal Master Agreement, the CITY
and COUNTY hereby agree as follows:
1. The CITY shall perform the:
Design
Construction
of the Utility Work to be done by the CITY in connection with its Project located at
(approximate address) to be performed in or around (month) ,
(year) .
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
2. As indicated in Paragraph 1 above, the CITY is to perform the
design work for the Utility Work. Accordingly, consistent with Paragraph (3)(c)(7) of the
Interlocal Master Agreement, the COUNTY shall pay the CITY a lump sum for the design work
within sixty (60) days of the COUNTY's receipt of an invoice from the CITY for the design
costs as agreed to based on the design cost proposal provided to the COUNTY by the CITY
within two (2) weeks of the Mandatory Utility Meeting.
3. As indicated in Paragraph 1 above, the CITY is to perform the
construction of the Utility Work. Based on the cost estimate agreed to by the CITY and the
COUNTY in advance of selection of the Contractor, the COUNTY agrees to pay: (a) _ % of
the estimated total cost of the construction portion of the Utility Work for an Allowance account
to include the mobilization of equipment for Utility Work, additional maintenance of traffic costs
for the Utility Work, (b) % of the estimated total cost of the construction portion of the
Utility Work for a Contingency Fund, which fund shall be dedicated to cover changes to the
Utility Work during construction, and (c) a prorated share of the administrative costs for the
Utility Work, which amount shall be 1% of the total estimated cost of the Utility Work.
4. As indicated in Paragraph 1 above, the CITY is to perform the
construction of the Utility Work. Accordingly, consistent with Paragraph (3)(f)(4) of the
Interlocal Master Agreement, the COUNTY agrees that payments shall be made to the CITY for
the construction work in the following manner or at the following times:
Lump Sum
Percentage at completion of phases of construction based.
on submission of invoice from the CITY and review by COUNTY, which
payments shall be made by the COUNTY within sixty (60) days of receipt
of CITY invoice
Initial Payment of % at start of Project
First payment at % of completion
Second payment at % of completion
Third payment at % of completion
Final payment at % of completion
5. As indicated in Paragraph 1 above, the CITY is to perform the
construction of the Utility Work and the COUNTY is to pay the CITY for that work in the
manner indicated in Paragraph 3; however, for the Utility Work related to this Project, the
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
COUNTY is entitled to reimbursement from . The documentation related to
the COUNTY's basis for the reimbursement is attached hereto as Exhibit 1.
6. As indicated above, the CITY is to perform the construction of the
Utility Work; however, the COUNTY will need to complete connection of the Utility Work to
the COUNTY's existing system.
MIAMI-DADE COUNTY, FLORIDA,
BY ITS BOARD OF
COUNTY COMMISSIONERS
Approved by County Attorney
as to form and legal sufficiency
County Mayor or Mayor's Designee County Attorney
CITY OF MIAMI, a municipal APPROVED AS TO FORM AND
corporation of the State of Florida. CORRECTNESS:
City Manager City Attorney
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
EXHIBIT B
SAMPLE LETTER OF INTENT TO PROCEED WITH PROJECT
Date
VIA HAND -DELIVERY
Miami -Dade Water & Sewer Department
Attn: Director
3071 S.W. 38th Avenue, 5th Floor
Miami, FL 33146
Re: City of Miami's Intent to Proceed with City Project at Location Identified Below
Dear Director:
On (date) , a Mandatory Utility Meeting was conducted between the designees
from the City of Miami (the "City") and the Miami -Dade Water & Sewer Department (the
"Department") in order to discuss the possibility of entering into a design, construction or
design/construction Joint Participation Agreement for work to be done at (approximate
address) on or around (date) (the "Project'). At the conclusion of the
meeting, the Department opted to perform its own design work for the Utility Work needed at
the Project.
In light of the expense the Department will incur in performing such design work, the City
hereby acknowledges to the Department, pursuant to the authority granted to it through City of
Miami Resolution , that it intends to proceed with the Project in accordance with (1) the
schedule set forth in the list of Projects provided to the Department every November as well as
(2) the discussion held at the Mandatory Utility Meeting.
In the event the City fails to go forward with the Project for any reason after the date of this
letter, the City agrees that it will reimburse the Department for fifty percent (50%) of the costs
incurred by the Department for the design of the Utility Work through and including the date that
the City provides written notice to the Department of its termination or rescheduling by more
than one (1) year of the Project.
Sincerely,
Name
City of Miami Title
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D1
City of Miami
Office of the City Attorney
Legal Services Request
To: Office of the City Attorney Date: 01/18/22
From: Charles McKinnons/Kelvin Kercado
Contact Person
Office of Capital Improvements
Requesting Client
Program External Coordinator/Program Manager Contact:
Title
Via Email
Legal Service Requested:
REQUESTING THE CITY ATTORNEY REVIEW AS TO FORM AND CORRECTNESS
THE ATTACHED JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF
MIAMI AND MIAMI-DADE COUNTY FOR THE CITY OF MIAMI TO CONSTRUCT
UTILITY WORK AS PART OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT
NUMBER 40-B50421 AND MIAMI DADE WATER & SEWER DEPARTMENT
PROJECT NUMBER PRECINCT 15017 LOCATED AT SW 25th STREET FROM SW
32ND AVENUE TO SW 27TH AVENUE.
For Legal Services requesting an opinion from the Office of the City Attorney:
❑ Issue opinion in writing.
❑ Publish opinion after issuance.
Authorized by: /ems /emu- -a //2O/2.2- Date response requested by: Immediately
BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY
Assigned Attorney: Date: File No.
Approved by: Ultimate Client:
Comments: D / R Date:
Type:
Matrix:
Category:
Copy returned to Requesting Client
Copy to Ultimate Client
rev. 04/14/2017
DocuSign Envelope ID: 90C0887C-8FEA-4879-B5D9-44832B3301 D 1
City of Miami
Office of the City Attorney
Legal Services Request
Supplemental Page
Copy returned to Requesting Client
Copy to Ultimate Client
rev. 04/14/2017