HomeMy WebLinkAboutReso 2022-3420RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH
THE CITY OF NORTH MIAMI BEACH FOR A JOINT PROCUREMENT PROCESS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") has jurisdiction of the local roads
between 174th Street and 183rd Street, and Collins Avenue to North Bay Road, which are within
City's municipal boundaries ("City Property"); and
WHEREAS, the City of North Miami Beach ("NMB") provides potable water to the
properties within the City; and
WHEREAS, the City and NMB each have proposed capital improvement construction
projects that are within City Property that are scheduled to be constructed in the same general
calendar period; and
WHEREAS, specifically, the City is proposing to complete the Central Island Drainage
Improvements Project ("City Project") and NMB is proposing to complete the Sunny Isles
Distribution System Watermain Replacements Project ("NMB Project") (collectively "Projects");
and
WHEREAS, the City and NMB wish to construct the Projects concurrently, and if
possible, utilize the same contractor, to minimize the impacts to the residents of the City and to
realize potential cost savings; and
WHEREAS, the City Commission now wishes to approve a Memorandum of
Understanding with the City of North Miami Beach providing for a joint procurement process
for the Projects, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Memorandum of Understanding. The City Commission hereby
approves a Memorandum of Understanding with the City of North Miami Beach providing for a
joint procurement process for the Projects, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
@BCL@E8068629.doc Page 1 of 2
ATTEST':
n;
Mauticio
PASSED AND ADOPTED on this 201h day of October 2022.
llli�
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AN EGAL S ICIENCY:
nc r, CMC, City Clerk �dward A. Dion, City Attorney
Moved by:ept/�L,(55/O/✓�i� Lr4 Seconded by: `S/.Qj✓S /
Vote:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
,
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
@BCL@E8068629.doc Page 2 of 2
DocuSign Envelope ID: 302180C3-5848-41CC-B9D9-13ED1F1051C3
MEMORANDUM OF UNDERSTANDING
JOINT PROCUREMENT
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this 12/29/2022
day of , 2022, between the City of Sunny Isles Beach, a municipal corporation of the State
of Florida (herein referred to as "SIB"), and the City of North Miami Beach, a municipal
corporation of the State of Florida (herein referred to as "NMB") (SIB and NMB are sometimes
referred to herein individually as a "Party" and collectively as the "Parties").
RECITALS:
WHEREAS, SIB has jurisdiction of the local roads between 174th Street and 183rd Street,
and Collins Avenue to North Bay Road, which are within SIB's municipal boundaries ("SIB's
Property"); and
WHEREAS, NMB provides potable water to the properties within the SIB; and
WHEREAS, the SIB and NMB each have proposed capital improvement construction
projects that are within SIB's Property, that are scheduled to be constructed in the same general
calendar period; and
WHEREAS, specifically, SIB is proposing to complete the Central Island Drainage
Improvements project ("SIB Project") and NMB is proposing to complete the Sunny Isles
Distribution System Watermain Replacements project ("NMB Project") (the SIB Project and NMB
Project are sometimes referred to herein individually as a "Project" and collectively as the
"Projects"); and
WHEREAS, SIB and NMB wish to construct the Projects in conjunction with each other,
concurrently, utilizing the same contractor, to minimize the impacts to the residents of SIB and
to realize potential cost savings by combining the Projects; and
WHEREAS, the Parties desire to enter into this Memorandum of Understanding as it
relates to the responsibilities of each party.
NOW, THEREFORE, in consideration of the premises, mutual covenants and other
valuable consideration contained herein, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. SIB will prepare, in coordination with NMB, the Invitation to Bid package and will handle
the procurement process for the Projects. Both parties will be identified in the Bid
package and the sunshine pre-bid meeting and site-visit(s), if any, will be jointly scheduled
between the Parties.
2. The general and construction terms and conditions, such as liquidated damages and
bonds will be agreed upon by the Parties. The aforementioned bid package will consist of
the plans and specifications packages from both SIB and NMB, as separate exhibits
thereto. Each Party will be responsible for preparing their respective plans and
specification packages.
1
DocuSign Envelope ID: 302180C3-5848-41 CC-B9D9-13ED1 F1 051 C3
3. SIB and NMB will each evaluate the bids with the intent of awarding a contract to the
combined lowest responsive and responsible bidder for both of the Projects.
Notwithstanding the foregoing, each Party reserves the right to forego awarding on a
combined basis, and may award the bid to the lowest responsible and responsive bidder
whose bid best serves the interests of and represents the best value to the Party.
Additionally, the Parties agree to reserve the right to reject any bid or part of a bid that
does not conform to the bidding requirements or to modify or waive all formalities and
technicalities in a bid, or to reject all bids.
4. In the event that the Parties bid evaluation results in an award to the same contractor,
the following terms shall control:
a. Each Party will award a separate contract for its portion of the Projects to the
selected contractor, and shall be responsible for all cost for administering their
own contract with respect to performing inspections, approving pay applications,
reviewing change orders, testing, permitting, as -built review and certifications.
However, both Parties will work together to ensure that there will be only one
mobilization for the Projects and that the Projects will be completed
simultaneously.
b. The awarded contractor will be required to furnish bonds and insurance to each
individual Party, for their respective contracts.
c. In the event a protest is filed, SIB will provide a defense against said action on
behalf of the Parties, and NMB agrees to pay fifty percent (50%) of all costs
associated with defending against the protest, including all attorney fees, legal
costs, administrative costs, and any resulting damages.
d. Joint construction progress meetings shall be held with the contractor to best
coordinate the interest of the Projects.
5. In the event that the evaluation of the bids does not result in the Projects being awarded
to the same contractor, the following terms shall control:
a. Each Party shall proceed with their respective Project utilizing separate and
distinct contractors.
b. The Parties agree to utilize best efforts in coordinating the work for the Projects.
c. Each Party shall bear its own costs and expenses related to any protests that may
be filed with their respective agency.
6. Each party agrees that it shall be solely responsible for the negligent or wrongful acts of
its employees, contractors, representatives, and agents and agrees to indemnify, defend
and hold harmless the other from and against all claims, damages, costs and expenses,
including attorneys' fees, incurred by the indemnified party by reason of acts or omissions
of the indemnifying party in the party in the performance of this MOU. Nothing contained
herein shall constitute a waiver by either party of its sovereign immunity or the provisions
of section 768.28, Florida Statutes. Nothing herein shall be construed as consent by either
party to be sued by third parties.
2
DocuSign Envelope ID:302180C3-5848-41CC-B9D9-13ED1F1051C3
7. The Parties agree that all notices provided hereunder shall be in writing, sent by hand
delivery, or first-class mail, with a copy sent by electronic mail to the following parties:
City of North Miami Beach
Arthur H. Sorey, III, City Manager
City of North Miami Beach
17011 NE 19th Avenue, 4th Floor
North Miami Beach, FL 33162
City of Sunny Isles Beach
Stan Morris, City Manager
City of Sunny Isles Beach
18070 Collins Avenue, Fourth Floor
Sunny Isles Beach, Florida 33160
8. The MOU shall be effective upon execution by both parties and maybe modified in writing
with execution by both parties. The MOU may be terminated by either party for
convenience with thirty (30) days written notice.
IN WITNESS WHEREOF, the parties hereto have executed this MOU effective the day and
year first above written.
CITY OF SUNNY ISLES BEACH
By: 4�
Title:
rney
Maurikio. B�etancur, Ity Clerk
3
CITY OF NORTH MIAMI BEACH
DocuSigned by:
c,IMaW tYbWW12/29/2022
By:II828E B97BF809428...
Title: Assistant City Manager
Approved as to form
and legal sufficiency:
LDocuSigned by:
JZ1/3/2023
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Hans Ottinot, City Attorney
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DocuSigned by:
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82061F5383C142E...
Andrise Bernard, City Clerk
1/9/2023
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Richard Labinsky, City Engineer
DATE: October 20, 2022
RE: Memorandum of Understanding for Joint Procurement with the City of
North Miami Beach
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach has jurisdiction of the local roads between 174th Street and 183rd Street,
and Collins Avenue to North Bay Road, which are within SIB's municipal boundaries. The City of Nortl
Miami Beach provides potable water to the properties within the City of Sunny Isles Beach. The City o
Sunny Isles Beach and North Miami Beach each have proposed capital improvement constructior
projects that are within SIB's Property, that are scheduled to be constructed in the same general
calendar period. The intent of this MOU is for the City of Sunny Isles Beach to prepare, in coordinatioi
with City of North Miami Beach, the Invitation to Bid package. The City of Sunny Isles Beach will handl
the procurement process for the Projects. Both parties will be identified in the Bid package and the
sunshine pre-bid meeting and site-visit(s), if any, will be jointly scheduled between the Parties.
ATTACHMENTS:
Resolution
Memorandum.of Understanding
Item Number: 10.1