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HomeMy WebLinkAboutResolution 84-06 . RESOLUTION # 84-6 RESOLUTION e A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE; APPROVING IN CONCEPT THE PROPOSAL SUBMITTED BY GMD, INC., TO PROVIDE WASTEWATER CONSULTING SERVICES TO THE CITY OF OCOEE IN JOINT VENTURE WITH AN ENGINEERING FIRM; AUTHORIZING THE MAYOR AND THE CITY MANAGER TO NEGOTIATE EXCLUCIVELY WITH THE JOINT VENTURE, A CONTRACT BETWEEN IT AND THE CITY FOR THE PROVISION OF WASTEWATER CONSULTING SERVICES; PROVIDING AN EFFECTIVE DATE. RECITALS 1. The City Commission is responsible for protecting the public health, safety, and welfare of the citizens of the City of Ocoee. 2. The City finds that adequate control and provision of wastewater service is necessary to protect the public health, safety, and welfare of the City and its residents, provide for the proper regulation of growth and development within the City and its surrounding environs, protect and conserve scarce water resouces, and address an existing problem with the former West Orlando Utilities, Inc., wastewater utility. 3. The City is authorized, pursuant to Chapters 166 and 180, Florida Statutes, and Article II, Chapter 69-1359, Laws of Florida (1969), to plan, design, construct, operate, and otherwise provide a wastewater system in order to provide wastewater service in furtherance of the objectives set forth in Recital No.2 hereof. 4. The City is authorized, pursuant to the Local Government Comprehensive Planning Act of 1975, as amended, to regulate, manage, and otherwise control growth and land development within the City of Ocoee and those areas annexed into the City of Ocoee in the future. 5. The City has this date received a proposal from the Joint Venture, to provide wastewater management consulting services in order to assist the city in providing wastewater service to its citizens without the need to incur bonded indebtedness. A copy of that proposal is attached to and incorporated in this Resolution as Exhibit "A". e 6. The City Commission is authorized, pursuant to Section 180.23, Florida Statutes, Chapter 166, Florida Statutes, and Chapter 69-1359, Laws of Florida (1969), to hire such a consultant to assist the City of Ocoee in providing sanitary wastewater services as described in GMD, Inc.'s proposal. ACCORDINGLY, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF OCOEE: Section 1. Approval of Proposal; Contract Negotiation. The City Commission hereby approves in concept the proposal submitted by the Joint Venture" attached hereto as Exhibit "A", to provide wastewater management consulting services to . - the City of Ocoee as described therein. The City Commission further authorizes the Mayor and the City Manager to negotiate with the Joint Venture a contract between it and the City for the provision of wastewater management consulting services in accordance with the proposal attached to and incorporated herein as Exhibit "A". Section 2. Effective Date. This Resolution shall take effect immediately upon adoption. RESOLVED THIS 17th DAY OF JULY, 1984. ATTEST: CITY OF OCOEE 0~ ;j~ Clerk, City Commission By: #~ V2 cIJ~J Mayor (Presiding Officer) - 2 - ~ EXHIBIT "A" HAND DELIVERED July 17, 1984 The City Commission of the City of Ocoee 150 Lakeshore Drive Ocoee, Florida 32761 COMMISSIONERS: e You and the citizens of the City of Ocoee recognize the need, importance, and urgency for providing cost-effective, environmentally acceptable methods of wastewater treatment and water conservation. Adequate sewerage facilities are essential to the proper management of growth and development within the City of Ocoee and its surrounding environs. In the past, the City has justifiably been reluctant to incur indebtedness requiring present residents to pay for wastewater treatment facilities for newcomers to the City. The City must handle its growth management, wastewater treatment, and water conservation problems innovatively in order to achieve environmentally acceptable solutions with no substantial cost to its ratepayers and citizens. Therefore, by this letter, GMD, Inc., and Professional Engineering Consultants, Inc. (hereafter collectively referred to as "The Joint Venture"), proposes to provide as a joint venture all management, engineering, and other consulting services to advise and assist the City in providing (in phases, if necessary) approximately one million gallons of wastewater service per day to a service area which would include (1) all lands within the City limits (including the Highway 50 corridor) which are not presently receiving central wastewater service from a F.P.S.C.- regulated utility, (2) those lands added to the City of Ocoee through annexation, and (3) those lands presently served by the City of Ocoee through the former West Orlando Utilities, Inc., system, all without incurring long term indebtedness payable from monthly customer service charge revenues, and all within an anticipated period of twenty-four to thirty-six months. SCOPE OF SERVICES The Joint Venture proposes to provide the following services: 1) Assist and advise the City Commission in providing modern, efficient wastewater facilities, including collection laterals, pump stations, trunk mains, treatment and disposal facilities to be owned by the City of Ocoee and operated in the name of the City. - 2) Design and prepare plans and specifications to construct the above-mentioned facilities. 3) Research, consult, investigate, and make recommendations to the City Commission concerning the permitting, financing, construction, and operation of the above-mentioned facilities. 4) Retain legal counsel to prepare all necessary documents for the City and the Joint Venture to permit, construct, finance, and operate the above-mentioned facilities, including the allocation and sale of wastewater service capacity therefrom. These documents shall include, but not be limited to ordinances, resolutions, proposed special or general legislation, rules, permits, applications, other administrative documents, and agreements. - . .~ 5) Assist and advise the City Commission in the selection of necessary lands and easements for acquisition by the City. FOR THE COMPENSATION DESCRIBED BELOW, THE JOINT VENTURE WILL PROVIDE ALL MANAGEMENT, ENGINEERING, AND OTHER CONSULTING SERVICES, INCLUDING FACILITIES DESIGN, ALL FORMS OF LEGAL DOCUMENTS, PERMIT APPLCIATIONS, REGULATORY AGENCY ASSISTANCE, BIDDING AND CONSTRUCTION CONTRACT ADMINISTRATION, DEVELOPER NEGOTIATIONS, ETC., NECESSARY TO PLACE A ONE-MGD WASTEWATER PLANT IN SERVICE. Our contract will exclude only the actual construction of the plant and legal representation in litigation or adversarial administrative proceedings. COMPENSATION GMD, Inc., will act as the overall manager and facilitator of this project. The Joint Venture will be paid monthly by the City in an amount equal to the number of hours spent in the previous month by the Joint Venture's employees, engineers and attorneys multiplied by the hourly rates established from time to time by the Joint Venture for the individuals involved. Direct expenses of the Joint Venture and its employees, engineers and attorneys, including travel and other expenses, will also be billed monthly, with auto travel at the rate permitted from time to time by law. The total fee payable to the Joint Venture shall be the greater of (i) the aggregate of hourly fees and expenses billed to the City, as described above, or (ii) 15% of the sum of the aggregate capital charges collected by the City plus the fair market value of all contributions in aid of construction. As stated above, this fee structure buys for the City the comprehensive set of services described above for the 24 to 36 month duration of this project. EMERGENCY REQUIREMENTS In the event that an emergency arises such that wastewater service is required by potential customers prior to the completion of the Scope of Services set forth hereinabove, GMD, Inc., will, for an additional fee, assist and advise the City's Engineer in providing regulatory programs, agreements, and interim wastewater facilities at the sole cost of the potential customer to meet these emergencies in a way that does not jeopardize the project. SUMMARY The Joint Venture recommends that the City Commission to approve this proposal in concept as soon as possible. GMD, Inc., and its president, W. E. Lassiter, will provide a security bond for one million or more dollars (if required by the City) at a cost to be absorbed by the City. Respectfully submitted, :::' AJ I Professional Engineering Consultants, Inc. tl(~