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Home My Public Portal About2001-77 Authorizing the Manager to Execute the Agreement with Miami-Dade Water and Sewer Department for replacement of Asbestos Concrete PipesRESOLUTION NO. 2001-77 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE MIAMI-DADE WATER ANUSEWER DEPARTMENT FOR WATER AND SEWER PROJECTS FOR REPLACEMENT OF ASBESTOS CONCRETE PIPES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 15, 1998, the COUNTY and the VILLAGE entered into an Agreement providing for the Village's construction of certain sewage facilities, hereinafter referred to as the "Sewer Project" and the COUNTY'S operation and maintenance of said facilities; and WHEREAS, as part of the VILLAGE'S construction of said sewage facilities, the VILLAGE desires to replace certain water mains owned by the COUNTY, hereinafter referred to as the "Water Project"; and WHEREAS, the COUNTY, through its Miami -Dade Water and Sewer Department, hereinafter referred to as the "Department", will assist the VILLAGE by paying a portion of the costs to replace the COUNTY'S water mains. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. PROJECT SCOPE: The scope of the Water Project and the Sewer Project shall be set forth on plans and specifications prepared by the consulating engineer for the VILLAGE and approved by the Department. The VILLAGE, at its own cost and expense, except as herein provided, may cause to be designed, constructed and installed, the Water Project and the Sewer Project, including any and all valves, hydrants, services, gravity sewer mains, force mains, pumping stations and all appurtences. The final design of both the Water Project and the Sewer Project shall be subject to approval of the COUNTY. The design and construction of facilities to be conveyed or leased by the VILLAGE shall conform to the COUNTY'S standards and regulations. Section 2. In consideration of the VILLAGE'S design of the Water Project, the COUNTY herein agrees to provide funding assistance for the design of the needed improvements, up to an amount of $75,000 or one-half of the cost of the design, whichever is less. Following completion of design and upon receipt of a proper invoice to include all documentation from the Village's design consultant, the County shall reimburse the VILLAGE up to the amount specified. Following completion of design, the County may provide financial assistance for construction and installation. Section 3. That the Agreement, in substantially the form attached, is hereby approved and the Village Mayor, Village Clerk and the Village Attorney, in their respective capacities are authorized and directed to execute the Agreement on behalf of the Village and are authorized to take any and all action necessary to immediately implement all of the purposes and intent of this Resolution and attached Agreement. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of November , 2001. CONCHITA H. ALVAREZ, CMC, VILLAG APPROVED AS TO FORM AND LEGAL S n /1 RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO AMENDMENT NUMBER ONE BETWEEN MIAMI- DADE COUNTY, FLORIDA AND THE VILLAGE OF KEY BISCAYNE, FLORIDA THIS AMENDMENT NUMBER ONE, made and entered into this day of 2001, by and between MIAMI-DADE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the VILLAGE OF KEY BISCAYNE, a municipal corporation of the State of Florida, hereinafter referred to as the "VILLAGE"; WHEREAS, on October 15, 1998, the COUNTY and the VILLAGE entered into an Agreement providing for the VILLAGE'S construction of certain sewage facilities, hereinafter referred to as the "Sewer Project" and the COUNTY'S operation and maintenance of said facilities; and WHEREAS, as part of the VILLAGE'S construction of said sewage facilities, the VILLAGE will replace certain water mains owned by the COUNTY, hereinafter referred to as the "Water Project" and WHEREAS, the COUNTY, through its Miami -Dade Water and Sewer Department, hereinafter referred to as the "Department", will assist the VILLAGE by paying a portion of the costs to replace the COUNTY'S water mains; NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, the COUNTY and the VILLAGE hereby agree as follows: 1. The first paragraph of Paragraph 1 of the Agreement is changed to read as follows: 1. PROJECT SCOPE The scope of the Water Project and the Sewer Project shall be set forth on plans and specifications prepared by the consulting engineer for the VILLAGE and approved by the Department. The VILLAGE, at its own cost and expense except as specified herein, shall cause to be designed, constructed and installed, the Water Project and the Sewer Project, including any and all valves, hydrants, services, gravity sewer mains, force mains, pumping stations and all appurtenances. The final design of both the Water Project and the Sewer Project shall be subject to approval of the COUNTY. The design and construction of facilities to be conveyed or leased by the VILLAGE shall conform to the COUNTY's standards and regulations. Amendment 1 — Key Biscayne 10/17/01 1 2. The following is hereby added to Paragraph 4 of the Agreement: Following completion of the Water Project, the VILLAGE shall convey to the COUNTY, by properly executed Bill of Sale, all of its right, title and interest in the water facilities constructed and replaced by the VILLAGE and appropriate easements for the operation and maintenance of such facilities. Following the COUNTY's acceptance of the Bill of Sale, the water facilities shall be under the sole complete and exclusive control and operation of the COUNTY. The Bill of Sale for the water facilities shall be accompanied by copies of paid bills and lien waivers, releases, or satisfactions from all persons who performed work and from all persons who incorporate materials into the project, together with a breakdown of the actual cost of said facilities. In addition, the VILLAGE, directly or through the VILLAGE's contractor, shall deliver to the COUNTY an executed maintenance bond, or other assurance acceptable to the COUNTY, which guarantees a one-year warranty period, as further detailed in Paragraph 5. Concurrently, the VILLAGE shall furnish the COUNTY with one (1) set of Mylar as -built drawings of all facilities showing specific locations and depths among other things, as located by a licensed surveyor, along with four (4) prints of the as -built drawings which have been sealed by a surveyor and certified by the engineer of record. Approval by the COUNTY of all required documents, drawings and surveys specified herein shall constitute final approval by the COUNTY of said water facilities. After final acceptance by the COUNTY, the facilities shall at all times remain the sole, complete, and exclusive property of the VILLAGE, but under the exclusive control and operation of the COUNTY. 3. Paragraph 13 of the Agreement is hereby added as follows: In consideration of the VILLAGE's construction of the Water Project, the COUNTY herein agrees to provide funding assistance for the design of the needed improvements, up to an amount of $75,000 or one-half of the cost of the design, whichever is less. Following completion of design and upon receipt of a proper invoice to include all documentation from the VILLAGE's design consultant, the COUNTY shall reimburse the VILLAGE up to the amount specified. 4. All other terms of the Agreement not specifically modified by this Amendment Number One remain in full force and effect. 5. This Amendment Number One has been duly authorized, executed and delivered by each party hereto and constitutes a legal, valid and binding obligation of each enforceable against the Amendment 1 — Key Biscayne 10/17/01 2 other in accordance with its terms. If any part of this Agreement is held to be invalid, the remainder of this Agreement shall not be affected thereby. 6. This Amendment Number One and the Agreement embody the entire agreement and understanding between the parties hereto, and any other agreements and understandings, whether verbal or written, with reference to the subject matter of this Amendment Number One and Agreement are merged herein or superseded hereby. No change or modifications of the terms of this Agreement and Amendment Number One shall be valid unless made in writing and signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names and their seals affixed hereto by their respective officers thereunto duly authorized, all as of the day and year hereinbefore written. MIAMI-DADE COUNTY, FLORIDA ATTEST: By: By: Clerk County Manager THE VILLAGE OF KEY BISCAYNE ATTEST: By: By: Village Clerk Mayor Printed Name Approved as to Legal Form Approved as to Legal Form and Sufficiency: and Sufficiency: Assistant County Attorney Attorney for Village Amendment 1 — Key Biscayne 10/17/01 3