Res. No. 057-03-116061 RESOLUTION NO.57-03-11606
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI,FLORIDA,RELATING TO ADDENDUM
5 NUMBER ONE TO AGREEMENT WITH MIAMI-DADE COUNTY AND
6 THE CITY OF SOUTH MIAMI FOR WATER FACILITIES FOR THE
7 MULTI-PHASE WATER MAIN IMPROVEMENTS AND CITY OF SOUTH
8 MIAMI WATER MAIN EXTENSION,PHASE 1A&IB KNOWN TO
9 MIAMI-DADE WATER AND SEWER DEPARTMENT (MDWASD)AS ID#
10 17656;PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS,theMayorandCity Commission oftheCityof South Miami wishes to
13 provide water improvement service citywide through MDWASD as funding become available;
14 and,
15
16 WHEREAS,theCityshall connect to MDWASD's watermain located within and around
17 each project phase as indicated in Sections 1&2ofthe agreement;and,
18
19 WHEREAS,as part of this addendum,the city wishes to pay MDWAS $1,299.33 for the
20 water main extension services provided to 6605 SW 62nd Terrace &6212 SW 65th Avenue.
21
22 NOW THEREFORE BEIT RESOLVED BYTHE MAYOR ANDCITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
25 Section 1.The City Manager is authorized to enter into an agreement with Miami-
26 Dade County to provide water service improvements within the phases defined in the addendum.
27
28 Section2.Thatthe$1,299.33shallbechargedtoaccountnumber001-0000-132-
29 2055,FDEPfundedwatermainprojects.
30
31 Section3.ThattheattachedAddendumNumberOnebetweenMiami-DadeCounty
32andTheCityof South Miami,be made apartofthe resolution.
33
34 Section4.Thisresolutionshalltakeeffectimmediatelyuponapproval.
35
36 PASSED AND ADOPTED this 15th day of Apri1 2003.
37 ATTEST:t APPROVED:
38
39 A &UJL&
40 Ronetta Taylor,City £JJzfrk
41
42 READ AND APPROVED AS TO FORM:
±±
43
44
45 CITY ATTORNEY
46 Mayor Feliu:Yea
47 ViceMayor Russell:Yea
4g CommissionerMcCrea:Yea
49 Commissioner Bethel:Yea
50 Commissioner Wiscombe out of room
/C^>£z a.//s/L Commission Vote:4_o
Additions shown by underlining and deletions shown by ovorstriking.
CITY OF SOUTH MIAMI
Excellence,Integrity,Inclusion
TO:Honorable Mayor,Vice Mayor
&City Commission
FROM:Sanford A.Youkilis //,
Acting City ManagerN^^t^/
DATE:April 10,2003
ITEM No.
RE:Authorizing the City Manager to
execute addendum #1 between the City of South
Miami and Miami-Dade Water &Sewer
Department.
is
South Miami
KlJtiUu
AD-AmericaCtty
Miliar
2001
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATING TO ADDENDUM NUMBER ONETO AGREEMENT WITH
MIAMI-DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR WATER FACILITIES
FOR THE MULTI-PHASE WATER MAIN IMPROVEMENTS AND CITY OF SOUTH
MIAMI WATER MAIN EXTENSION,PHASE1A&IB KNOWNTOMIAMI-DADE
WATERANDSEWERDEPARTMENT(MDWASD)ASID#17656;PROVIDINGAN
EFFECTIVE DATE.
BACKGROUND &ANALYSIS
Inour effort to provide watermain extension aspartofthe proposed Church Street Improvement
project,MDWASD requested that we execute an addendum to our existing agreements instead of
creating new agreement.This addendum includes all future grant funded water main extension
definedwithinsevendifferentareas,toincludeChurchStreet.Thesevenareas(Phases)are
defined in Section 1 of the addendum.
RECOMMENDATION
Itis recommended thatthe City Commission authorize the City Manager to execute the
agreement.
Attachments:
•ProposedResolution
a Draft agreement with Miami-Dade Water&Sewer Department
SAY/RL(WAB)
SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
ADDENDUM NUMBER ONE
TO THE
AGREEMENT
FOR
WATER FACILITIES
FOR
SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS
f/k/a
CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A &1B
BETWEEN
MIAMI-DADE COUNTY
/
AND
CITY OF SOUTH MIAMI
This instrument prepared by:
VictorM.Rodriguez
Utilities Development Division
Miami-Dade Water and Sewer Department
3575 S.LeJeune Road
Miami,Florida 33146-2221
SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
THIS ADDENDUM,madeandentered into at Miami-Dade County,Florida,
this dayof ,2003,byandbetween
Miami-Dade County,a political subdivision oftheStateof Florida,hereinafterdesignated
as the "COUNTY",andthe City of South Miami,aFlorida municipality,hereinafter
designated as the "CITY";
WHNESSEIH:
WHEREAS,the COUNTY and the CITY entered into an Agreement for the
construction of water facilities for "City of South Miami Water Main Extension,Phase
1A &1B"dated December 31st,2001,recorded in Official Records Book 20144 at Page
4746 of the Public Records of Miami-Dade County,Florida,hereinafter referred to as "The
Agreement",and
WHEREAS,the COUNTY and the CITY desire to change the name of The
Agreement to South Miami Multi-Phase Water Main Improvement Areas,and
WHEREAS,the CiTY desires to make certain modifications to The Agreement,and
WHEREAS,the CITY desires to provide water system infrastructure improvements
in various areas within the CITY'S municipal boundary limits
WHEREAS,the COUNTY is willing to enter into this Addendum provided that the
CITY abides by any policies or standards of the COUNTY which have been revised since
the date of The Agreement,and
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SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
WHEREAS,the CITY is willing to abide by such policies or standards as specified in
this Addendum.
NOW,THEREFORE,in consideration of the mutual covenants entered into between
the parties hereto to be made and performed,and in consideration of the benefits to
accrue to each of the parties hereto,itis covenanted and agreed to as follows:
1.Paragraph one (1)of The Agreement is hereby replaced with the following:
CITY'S PROJECT.The CITY intends to construct water system infrastructure
improvements in various areas within the CITY'S municipal boundary limits.These areas,
hereinafter,sometimes described as the "CITY'S project",are generally bounded by the
following (phasing and boundaries are subject tomodificationby the parties herein):
Phase 1A-S.W.74th Street on the north,S.W.80th Street on the south,
S.W.67th Avenue on the east and S.W.69th Avenue on the west.
Phase 1B-S.W.75th Street on the north,S.W.79th Street on the south,
S.W.66th Place on the east and S.W.67th Avenue on the west,
together with S.W.68thCourt from S.W.72nd Street onthenorthto
S.W.75th Street on the south.
Phase 2-S.W.77th Terrace on the north,S.W.88th Street on the south,
S.W.57th Avenue on the east and S.W.62nd Avenue on the west.
Phase 3-S.W.64th Street on the north,S.W.72nd Street on the south,
S.W.67th Avenue on the east and S.W.69th Avenue on the west.
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SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
Phase 4-S.W.62nd Street on the north,S.W.72nd Street and U.S.1 on the
south,S.W.57th Avenue on the east and S.W.62nd Avenue
on the west.
Phase 5-S.W.72nd Street and U.S.1 on the north,S.W.77th Terrace on the
south,S.W.57th Avenue on the east and S.W.62nd Avenue
on the west.
Phase 6-S.W.40th Street on the north,S.W.44th Street on the south,
S.W.61st Avenue on the east and S.W.65th Avenue on the west
together with theoretical S.W.52nd Street on the north,
S.W.56th Street on the south,S.W.63rd Avenue on the east and
S.W.63rd Court on the west.
The CITY has requested that the DEPARTMENT render water service to the CITY'S
projectandthe COUNTY agrees todososubjecttotheterms,covenants and conditions
contained herein.
2.Paragraph three(3)of The Agreement ishereby modified toread as follows:
POINTS OF CONNECTION.The COUNTY owns and operates several six(6)inch
diameter and larger water mains located within the CITY'S project from which the CITY
shall install andconnecteight (8)inch,twelve (12)inch andsixteen (16)inchdiameter
watermains throughout the CITY'S project.The normal minimum size for water main
extensionsshallbeeight (8)inch diameterfor single-family residential areasand twelve
(12)inch diameter for commercial,public building,industrial,business and high-density
residential areas.Water main extensions inhalf section lines and section linesshallbeno
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SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
less thantwelve (12)inch diameter andsixteen (16)inchdiameter,respectively.Anyand
allexisting water mainsfour(4)inchdiameterorlesslocated in single-family residential
areas andsix(6)inchdiameterorlesslocatedin commercial,public building,industrial,
business and high-density residential areas shallbereplaced with theappropriatesized
watermain as set forthherein.All pointsofconnectionand proposed water main
extensions shall be subject toapprovalofthe DEPARTMENT.
3.Paragraph ten (10)of The Agreement ishereby modified toread as follows:
WATER SERVICELINES.Anywaterservicelinestwo(2)inch diameter orless
thatarepartoftheproposedwatersystem infrastructure improvements contemplated
herein,which will be directly connectedto existing mainsownedbythe COUNTY,shallbe
installed by COUNTY personnel only.The CITY hereby agreestopaytothe COUNTY its
standard water service lineinstallation charge,permit fees and service fees priortoany
such installation.
4.Paragraph twelve (12)of The Agreement is hereby deleted from
The Agreement.
5.Paragraph thirteen (13)of TheAgreement is hereby deleted from
The Agreement.
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SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
6.Paragraph fourteen (14)of The Agreement is hereby modified to read
as follows:
CONNECTION/FRONTAGE BY OTHERS.Parties other than the CITY who own
property,which has frontage to any water main installed pursuant to this Agreement,may
apply to the COUNTY for connections to said water main.If said parties actually connect
and/or abut said facilities,the COUNTY will impose a construction connection charge equal
to eighteen dollars ($18.00)for eight (8)inch diameter water mains or oversized water
mains whose established base size is eight (8)inch diameter;and thirty dollars ($30.00)for
twelve inch diameter water mains or oversized water mains whose established base size is
twelve (12)inch diameter multipliedby the frontfoot length of the connecting/abutting
property which fronts and/or abuts the water main as measured along the route of the
main.The COUNTY will also impose construction connection charges on such other
parties if said water main is/are required,in accordance with guidelines and criteria
established by the DEPARTMENT,in order to provide adequate service for the
fronting/abuttingproperty.Said construction connection charges will notberequiredor
collectedfrom other parties forsingle-family residences occupied or under construction
prior tothe date ofthisAgreement.Itis further agreedthatthe DEPARTMENT shallretain
paymentofconstructionconnection charges payabletothe CITY foralloversizedwater
mains until such atime that the amounts retained equal the amount of the oversizingcredit
paid tothe CITY.Thenceforth,the COUNTY shall repaysaid construction connection
chargestothe CITY within ninety (90)daysofreceiptofsame.However,the COUNTY'S
liability forrepaymenttothe CITY shallbe limited tothoseamounts actually collected from
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SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
others.This provision shall remain in effect fora period of twelve (12)years from the date
of the Absolute Bill of Sale for the water main facilities constructed by the CITY.Per
annum simple interest as established and authorized by Section 687.01,Florida Statutes
will accrue on all construction connection charges from the date of the Absolute Bill of Sale
for the water main facilities constructed by the CITY to the date of payment by the
connecting/abutting party.The interest rate used shall be the rate established by Section
687.01,Florida Statutes at the time of payment by the connecting/abutting party.It shall
be the CITY'S responsibility to provide the COUNTY with current mailing addresses during
the twelve (12)year period.
7.Paragraph twenty-one (21)of The Agreement is hereby deleted from
The Agreement.
8.Paragraph twenty-three(23)of The Agreement is hereby modified toread
as follows:
ASSIGNMENT OF AGREEMENT.This Agreement shallnot be transferred,
assignedor otherwise conveyed toanyother party without theexpress written consentof
the Director of the DEPARTMENT or his designee.
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SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
9.The following paragraph is hereby added to The Agreement as paragraph
twenty-eight (28):
PROVISION OF SERVICE AND CONNECTION CHARGES.The intent and sole
purpose of this Agreement isfor the installation and proper conveyance of water system
infrastructure improvements within the CITY'S project.This Agreement does not provide
commitment of adequate water supply by the COUNTY to any property,CITY owned or
otherwise.Owners of any and all properties requesting connection to the water mains
installed pursuant to this Agreement shall be subject to the terms and conditions for water
service set forthin the DEPARTMENT'S "Rules and Regulations"prevailing at the time of
request for connection.
10.The following paragraph is hereby added to The Agreement as paragraph
twenty-nine (29):
WATER MAIN OVERSIZING CREDITS.In order to comply with the COUNTY'S
Public Works Manual and with the DEPARTMENT'S master plans,policies and
regulations,the COUNTY mayrequirethatthe CITY installtwelve (12)inchorsixteen (16)
inch diameter water mains insingle-familyresidential areas and/or sixteen (16)inch
diameter water mains in commercial,public building,industrial,business and high-density
residential areas.Therefore,the COUNTY shall allow the following oversizing credits for
the difference between the necessary or standard size water mainand the oversized water
main required by the COUNTY.
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SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
Item Necessary
(Standard)
Required Estimated Length /
Lineal Feet
Credit per
Lineal Foot
$7.50
Estimated
Credit
a)8 inch 12 inch TBD*TBD
b)8 inch 16 inch TBD $15.75 TBD
c)12 inch 16 inch TBD $6.00 TBD
Total estimated oversizing credit:TBD
*TBD =to be determined
Both parties agree that the oversizing credits shall be calculated based on the actual
quantities of oversized facilities installed by the CITY as specified in the bill of materials
and as-built drawings submitted by the CITY at time of conveyance and approved by the
COUNTY.Should the amount of credit due to the CITY exceed that amount listed in
Section 255.05,Florida Statutes,the CITY shall post a bond sufficient to insure payment
ofall suppliers and labors.Shouldthe CITY failto post abond,the CITY shallindemnify
and hold harmless the COUNTY against all claims against the COUNTY brought bya
subcontractor or supplier for payment on the CITY'Sproject.Thebondshall remain in
effect one year fromcompletionand conveyance of the oversized facilities.Itisfurther
agreed that the DEPARTMENT shallretainpaymentofconstruction connection charges
payable to the CITY foralloversizedwatermains until suchatimethatthe amounts
retainedequaltheamountofthe oversizing credit paid tothe CITY.The COUNTY shall
paythiscredittothe CITY within ninety (90)daysafter completion,properconveyanceto
the COUNTY and placement intoserviceoftheoversizedwater facilities.
11.Exhibit "B"of The Agreement is hereby deleted from The Agreement.
All terms and conditionsofThe Agreement notspecificallymodifiedbythis
Addendum shall remain infull force and effect.
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SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
IN WITNESS WHEREOF,the parties hereto have caused this Agreement tobe
executed by their respective officials as of the day and year above written.
WITNESSETH:
signature
print name
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
MIAMI-DADE COUNTY
Tomas R.Goicouria,Chief
Utilities Development Division
Miami-Dade Water and Sewer
Department
The foregoing instrument was acknowledged before me this day of
,2003,by Tomas R.Goicouria,Chief,
Utilities Development Division of the Miami-Dade Water and Sewer Department,who is
personally known to me and didnot take an oath.
Notary Public
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SOUTH MIAMI MULTI-PHASE WATER MAIN IMPROVEMENT AREAS,ID#17656
WITNESSETH:
signature
print name
signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By:
CITY OF SOUTH MIAMI.
A FLORIDA MUNICIPALITY
Sandy Youkilis
Acting City Manager
_(SEAL)
The foregoing instrument was acknowledgedbeforemethis day of
,2003,by Sandy Youkilis,
Acting CityManager oftheCityofSouth Miami,whoispersonally known tomeorand
has/hasn't produced ___as identification and
did/did not take an oath.
Notary Public Serial Number
print name
Approved for Sufficiency of Execution Only:
Assistant County Attorney
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