Resolution 2025-33827 202533827
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
TEMPORARY ACCESS AGREEMENT (THE "AGREEMENT") BETWEEN THE
CITY AND THE CITY OF MIAMI GRANTING THE CITY THE RIGHT TO USE A
PORTION OF THE PROPERTY OWNED BY THE CITY OF MIAMI AND
LOCATED AT 980 MACARTHUR CAUSEWAY FOR CONSTRUCTION
OPERATIONS AND STAGING RELATING TO THE MACARTHUR CAUSEWAY
WATER MAIN UPSIZING PROJECT, AT NO COST TO THE CITY; AND
FURTHER AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE
THE AGREEMENT.
WHEREAS,on September 11, 2024, the Mayorand City Commission adopted Resolution
No. 2024-33241 accepting the recommendation of the City Manager and approving the MacArthur
Causeway Watermain Upsizing Project, as a new task undertheAgreement, pursuant to Request
for Qualifcations (RFQ) 2022-122-ND, entered into for engineering services for water and
wastewater system projects between the Ciry and Hazen and Sawyer, P.C.; and
WHEREAS, through Resolution No. 202433241, the Mayor and City Commission also
authorized the task order to complete the engineering and consulting services required for the
replacement of approximately 9,200 linear feet of aging watermain infrastructure from the Miami-
Dade County Water and Sewer Department (MDWASD) water meter on Watson Island to the
Terminal Isle water booster station, in the not-to-exceed project amount of$926,078.00; and
WHEREAS, the MacArthur Causeway Water Main Upsizing Project is a priority water
infrastructure project in Miami Beach and is intended to replace aging water infrastructure, to
ensure safety and reliability of the City's water system, in accordance with the City of Miami Beach
2019 Water System Master Plan (the "Master Plan"); and
WHEREAS, the Master Plan identifed the need for the southern MacArthur Causeway
20-inch water main to be upsized to a new 30-inch water main and recommended that the project
be implemented within the year 2020-2025 timeframe; and
WHEREAS, the existing water main is eighty-six years old, one of the oldest in the City,
and one of five water supply interconnections with MDWASD; and
WHEREAS, the existing water main supplies water to lhe Venetian Islands, Palm Island,
Hibiscus Islantl, Star Island, and[he Terminal Isle Water Booster,which transmits water into South
Beach; and
WHEREAS, the objective of this project is to avoid the faiture of one of the Citys most
critical sections of water infrastructure and improve water pressure for water services located
upstream of the water booster, including the Venetian Islands, Palm Island, and Hibiscus Island;
and
WHEREAS, in order to Improve construction effciency by reducing the need to transport
heavy equipment or materials to and from the construction site daily, theAdministration is seeking
a temporary access agreement with the City of Miami to use a portion of the City of Miami-owned
parcel identified by Miami-Dade County Folio No. 0�-3231-061-0040 for construction staging and
construction operations rela�ed to the MacArthur Causeway Water Main Upsizing Project.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,thatthe Mayorand City Commission
hereby approve, in substantial form, a TemporaryAccess Agreement (the "AgreemenY') belween
the Ciiy and the City of Miami granting the City the right to use a portion of the property owned by
the City of Miami and located at 980 Macarthur Causeway for construction operations and staging
relating to the Macarthur Causeway Water Main Upsizing Project, at no cost to the City; and
further authorizing the City Manager to finalize and execute the Agreement.
PASSED and ADOPTED this d3 day of �N� 2025.
��/�
Steven Meiner, Mayor
ATTEST:
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Rafael E. Granado, City Clerk ,
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APPROVED AS TO
FORM & LANGUAGE
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City ttorney ='< Date
Resolutions - C7 T
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: July 23, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI 6EACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
TEMPORARY ACCESS AGREEMENT (THE "AGREEMENT") BETVJEEN THE
CITY AND THE CITY OF MIAMI GRANTING THE CITY THE RIGHT TO USE A
PORTION OF THE PROPERTY OWNED BY THE CITY OF MIAMI AND LOCATED
AT 980 MACARTHUR CAUSEWAY FOR CONSTRUCTION OPERATIONS AND
STAGING RELATING TO THE MACARTHUR CAUSEWAY WATER MAIN
UPSIZING PROJECT,AT NO COST TO THE CITY;AND FURTHER AUTHORIZING
THE CITY MANAGER TO FINALIZE AND EXECUTE THE AGREEMENT.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUNDIHISTORY
On September 11, 2024, the Mayor and Ciry Commission (City Commission) accepted the
recommendation of the City Manager to approve lhe MacArthur Causeway Watermain Upsizing
Project, as a new task under the agreement, pursuant to Request for Qualifications (RFQ) 2022-
122-ND, entered Into for engineering services for water and wastewater system projects between
the City of Miami Beach and Hazen and Sawyer, P.C. (Hazen); and authorized the task order to
complete the engineering and consulting services required for the replacement of approximalely
9,200 linear feet of aging watermain infrestructure from the Miami-Dade Counry Water and Sewer
Department(MDWASD)water meter on Watson Island to the Terminal Isle water booster slation
in the not to exceed project amount of$926,078.00, via Resolution No. 202433241.
The MacAAhur Causeway Water Main Upsizing Project is a priority waler infrastmcture project in
Miami Beach and is intended to replace aging water infrastrucWre to ensure safety and reliability
of thB City'S walef SyStem, in acCordanGe with Ihe City of Miami Beach 2019 Water Sys[em Master
Plan (Master Plan).
The existing water main is eighty-six years old, one of the oldest in the Ciry, and one of five waler
supply interconnections with MDWASD. This water main supplies water to the Venetian Islands,
Palm Island, Hibiscus Island, Star Island, and the Terminal Isle Water Booster, which transmits
water into South Beach.
The objective of this project is to avoid the failure of one of lhe Ciry's most critical sections of
water infrashucture and improve water pressure for water services located upstream of the water
boosler, including the Venelian Islands, Palm Island, and Hibiscus Island.
The Master Plan identifed the need for the southern MacArthur Causeway 20-inch Water main
to be upsized to a new 30-inch water main and recommended that the project be implemented
within the year 2020—2025 timeframe.
In order to improve conslruction efficiency$Z6 of 1791 �he need to trensport heavy equipment or
malerials lo and from the constmction site daily, the Administration is seeking approval, in
subslantial form, of a temporary access agreement belween the City of Miami Beach and Ihe City
of Miami, Attached to the Resolution as Exhibit A, said agreement granting the City the right to
use a portion of the parcel identified by Miami-Dade County Folio No. 01-3237-061-0040, for
conslruction staging and construction operations related to the MacArthur Causeway Water Main
Upsizing Project.
FISCAL IMPACT STATEMENT
No fiscal impact.
Does this Ordinance reauire a Business Imoact Estimatel
(FOR ORDINANCES ONLY)
H applicable, the Business Impact Estimate (BIE)was published on:
See BIE at: https�/Iwww miamibeachfl aov/citv-halllcitvclerk/meetinq-notices/
CONCLUSION
The Administration recommends approving the Resolution.
Aoplicable Area
South Beach
Is this a "Residents Riaht to Know" item, Is this item related to a G.O. Bond
oursuant to Citv Code Section 2-177 Proiect?
Yes No
Was this Aaenda Item initiallv �eauested bv a lobbvist which. as defined in Code Sec. 2-481.
includes a orincipal enaaaed in lobbvinq? No
If so, specify�he name of lobbyist(s) and principal(s):
Deoartment
Public Works
S onsor s
Co-soonsorlsl
Condensed Title
Agreement wl City of Miami, Use 980 MacArthur CSWY as Staging Area. PW
Previous Action IFor CiN Clerk Use Onlv)
827 of 1791
828 of ll91
TEMPORARY ACCESS. RELEASE OF ALL CLAIMS.COVENAtiT
\OT TO SUE A\D HOLD I1��RMLESS
This Temporary Access, Release of all Claims, Cocenant Not to Sue, and Hold Hartnless
Agceement("Agreement"), is made this day of , 2025 ���Effective Dare"}, by
the City of Miami Beach ("User"), and [he Ciry of Miami, with a principal address of 444 SW 2nd
Avenue, Miami, Fiorida 33130 ("Ciry"), (User and the City togethec referred to as the "'Parties")_
This Agreement hereby acknowledges a limited access by User of the City-owned property, located
at 980 MACARTHUR CSW'Y and identified as Fol io#:01-3231-0b]-0040,as described in Exhibit
A attached hereto ("Access Area").
As lawful consideratio� for the permission gran[ed by the City of lfiami to enter upon the
Access Area tor purposes of construcfion activities, including but not limited [o construction
staging,equipment smrage,aud material srorage(ihe"totended l�se"),the Useq ro the extent
allowabie and subjec[ to the iimitation on UsePs liahility as sel forth in Section 765.28
Florida S[atutes, hereby releases e�aives, discharges, saves and holds harmless, indemnifies,
agrees to deCend at i[s sole cost and expense, aod covenants not m sue the City, its officials,
employees,departments, inswmentalities,and agents and representatives(hereinafter collectively
referred to as thc "City"), from aIl liability for any and all loss or damnge, and any claims, suits,
causes of ac[ion, actions, liabilities, or demands [herefor on account of injury, wrongful death, to
person or damage, loss, destruc[ion or alteratiun of property or resulting in death.. injury, loss.
damage, destruction or alreration of persons andbr property or attributable or related to the access
granted to Usec and its wntracrors, agents or represenhatives through the acts, erroa. negligence,
or omissions of User while the User is in, or upoq the Access Area-
This Agreement shall be IeGally binding upon the User, i[s contractors, subcontractors, assigns,
agents, vendees, and successors in interest The duties and commitments of the User will survire
the period of access stated herein for events that take place during such access during the times
that access is allowed hereunder.
Should any provisions, paraerapAs, sentences, words or phrases conrained in this .Agreement be
determined by a court of competent jurisdiction ro be imalid, illegal or otherwise unlawful, such
provisions, parae�aphs, sencences, u�ords ur phrases shall be deemed modified to the extent
necessary in order ro confonn with wch laws,and the same may be deemed severable by the Ciry,
and in such evenL the remainine temis and conditions of this Agreement shall remain unmodified
and in full force and effect.
"Ihis Agreement may be executed in any number of counterparts, each of which so esecuted shall
be deemed [o be a� original, and such counrerparts shall rogether constitute but one and the same
.Agreement The patties shall be entided tu sign and transmit an electronic signamre of this
Agreement (whether by facsimile, PDF or other email transmission), which signamre shal! be
binding on the party whose name is contained thereia Any pazty providing an electronic signamre
agrees to promptly esecute and deliver to die o[her parties an original signed Aereement upon
request.
831 of 1791
The User has read and voluntarily signs this Agreement and acknowledges that valued consideration
was independemly and freely receiaed by ��ir[ue of the limi[ed access period granted commencing
on the Effective Dace and endine on the day of , 20 , and Curther agrees
that no oral representations, stareme�ts or inducements apart from the foregoing written Agreement
hace been made.
Insurance: i'he City hereby acknowledges that User is self-insured and, as such, satisfies any
inswance requirement under this AE�reement User shall provide the Ciry with proof of self-insurance
upon request by the City.
�SIGtiATURE PAGE TO FOLLOW'�
832 of 1791
IN W ITNESS W HFREOF, the Parties hereto have duly executed this Agreement, as of thc day and
year first above written.
„Citv"
CITY OF MIAMI. a municipal corporation of
the State of Fbrida
BY — �
Arthar Noriega V, Ciry Manager
Da[e-
ATTEST
Todd B. Hannoq City Clerk
.APPROVEU .4S TO FORM AND .4PPROVED AS -fOINSURANCE
CORRECTNESS: RLQUIREMENTS:
George K. Wysong III, City .Anomey Ann-Maric Sharpe, Director
Risk Management
'•User"
CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida
By. _
Eric T. Carpenter, P_E., City Manager
Date
W imess
PrintName
833 of 1791
EXHIBIT A
Access Area
834 of 1791