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HomeMy WebLinkAboutReso 2015-2474 RESOLUTION NO. 2015- 2,47y A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE CITY OF NORTH MIAMI BEACH FOR WATER SERVICE LINES INSTALLATION AT THE 174Tt1 STREET ROADWAY IMPROVEMENTS PROJECT, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.01, Florida Statutes, authorizes local governing bodies to enter into agreements for the mutual benefit of governmental units; and WHEREAS, the City of Sunny Isles Beach ("City") and the City of North Miami Beach ("NMB") wish to facilitate the replacement and installation of service lines in connection with the City's I74th Street Roadway Improvement Project; and WHEREAS, the City is currently engaged in the 174th Street Roadway Improvements Project consisting of a roadway enhancement spanning the right-of-way of 174th Street from Collins Avenue to the street's western terminus past North Bay Road; and WHEREAS, during the course of the 174th Street Roadway Improvements Project, at least two (2) of the seven (7) water service lines on 174th Street need to be replaced, with the possible need to replace the remaining water service lines once said lines are excavated and exposed in the coming phases of the 174th Street Roadway Improvements Project; and WHEREAS, NMB owns and is responsible for the water service lines in the corridor of the 1 74th Street Roadway Improvements Project; and WHEREAS, NMB has agreed to reimburse the City's costs, on a per service line replacement basis, up to a maximum of seven (7) service lines with a combined total not to exceed amount of One Hundred Fifty-Eight Thousand Four Hundred Ninety-One Dollars and Forty-One Cents ($158,491.41); and WHEREAS, the City Commission finds that entering into this Interlocal Agreement with the City of North Miami Beach is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Interlocal Agreement with the City of North Miami Beach for the replacement and installation of water service lines in connection with the City's R2015-Interlocal Agmt with NMB for Water Lines in 174th St Page 1 of 2 174th Street Roadway Improvements Project, in substantially the same form attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Interlocal Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective u.on adoption. 0 PASSED AND ADOPTED this 15th day of October 20 Geor_e H. Scholl, Mayor ' ATTEST: Jane A. Hines, MMC, City Clerk r • APPROVED AS TO FORM AN 'G ' SUFFICIENCY: l ons Ottinot. City Attorney ((�� Moved by: Qpp+vwa.AflM pI' Seconded by: (oyv vyvk ja4,, L,EV 1',J Vote: 5-r(j Mayor Scholl 1/(Yes) (No) Vice Mayor Gatto AYes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Goldman t/,Yes) (No) Commissioner Levin C V/(Yes) (No) 82015-Interlocal Aemt with NMB for Water Lines in 174th St Page 2 of 2 ypMMT fit(I • • ,4•'t 0/ INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE CITY OF NORTH MIAMI BEACH FOR CONCRETE ASBESTOS PIPE REPLACEMENT AT THE 174TH STREET ROADWAY IMPROVEMENTS PROJECT THIS INTERLOCAL AGREEMENT is made and entered into this day of , 2016, between the City of Sunny Isles Beach, Florida (the "City") and the City of North Miami Beach, Florida (hereinafter "NMB"), collectively referred to as the "Parties." WITNESSETH: WHEREAS, the Parties herein wish to facilitate the replacement and installation of concrete asbestos pipes in connection with the City of Sunny Isles Beach's 174th Street Roadway Improvement Project (hereinafter referred to as the "Services"); and WHEREAS, the City of Sunny Isles Beach (hereinafter referred to as "City") is currently engaged in the 174th Street Roadway Improvements Project consisting of a roadway enhancement spanning the right-of-way of 174th Street from Collins Avenue to the street's western terminus past North Bay Road; and WHEREAS, during the course of the 174`h Street Roadway Improvements Project, at least three (3) of the seven concrete asbestos pipes on 174th Street need to be replaced, and the City has agreed to replace the pipes for NMB; and WHEREAS, the City of North Miami Beach (hereinafter referred to as "NMB") owns and is responsible for the concrete asbestos pipes in the corridor of the 174th Street Roadway Improvements Project; and WHEREAS, NMB has agreed to reimburse SIB's costs, on a per concrete asbestos pipe replacement basis, up to a maximum of seven (7) concrete asbestos pipes with a combined total not to exceed (`NTE") amount of One Hundred Eighteen Thousand Eight Hundred Sixty Eight Dollars and Fifty Six Cents ($118,868.56). • NOW THEREFORE, in consideration of the mutual representations, terms and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Incorporation of Recitals The above recitals are true and correct and are hereby incorporated herein. Section 2. Price and Payment Deadline NMB agrees to reimburse the City for Seventy Five Percent (75%) of the estimated costs totaling One Hundred Fifty Eight Thousand Four Hundred Ninety One Dollars and Forty One Cents ($158,491.41) to replace a maximum of seven (7) concrete asbestos pipes for the Pagel SIB • I74a' Street Roadway Improvements Project, with the City contributing the remaining 25% of this total maximum cost. Accordingly. NMB agrees to reimburse the City, on a per concrete asbestos pipe basis, 75% of the total maximum costs, up to a maximum of seven (7) concrete asbestos pipes, a combined total not to exceed ('NTE") amount of One Hundred Eighteen Thousand Eight Hundred Sixty Eight Dollars and Fifty Six Cents ($118,868.56) with the City contributing 25% of the total maximum costs, up to a maximum amount not to exceed Thirty Nine Thousand Six Hundred Twenty Two Dollars and Eighty Five Cents ($39,622.85). The City shall send written invoice to NMB upon installation of each concrete asbestos pipe replacement. Upon the submittal of an invoice by the City, NMB shall reimburse the City the cost of each concrete asbestos pipe replacement within thirty (30) days of receipt of invoice. Section 3. Price adjustments and change orders The amount contributed by NMB to reimburse the City for the concrete asbestos pipe replacements is based on the estimated NTE amount of One Hundred Eighteen Thousand Eight Hundred Sixty Eight Dollars and Fifty Six Cents ($118,868.56). However, the Parties recognize that adjustments to this NTE amount for concrete asbestos pipe replacements may be required in the future and that this price may be adjusted upwards or downwards by any concrete asbestos pipe related change orders. Any concrete asbestos pipe related change orders must have the prior approval of NMB before being executed by the City and its contractor. The City will provide written notice of any such concrete asbestos pipe related change orders to NMB who shall respond, in writing, to the City's request for payment of such change orders within twenty (20) days. Failure of NMB to respond, in writing, within this twenty (20) day period shall be automatically deemed approval by NMB. Section 4. Responsibilities of the contractor The Parties agree that the City's General Contractor for the 174`h' Street Roadway Improvements Project, Florida Engineering and Development Corporation (hereinafter referred to as "General Contractor") shall be responsible for the replacement and installation of the concrete asbestos pipes on 174`h Street in compliance with NMB, State of Florida and American Water Works Association ("AWWA") standards for concrete asbestos pipe replacement. The General Contractor shall supply all labor and materials in connection with the replacement and installation of the concrete asbestos pipes on 174`h Street. . Section 5. Responsibilities of the City The City shall manage the General Contractor for the 174`h Street Roadway Improvements Project. The City shall make an assessment and provide NMB with all necessary information concerning the replacement and installation of concrete asbestos pipes on 174th Street upon request. The City agrees to pay Twenty Five Percent (25%) of the estimated costs totaling. One Hundred Fifty Eight Thousand Four Hundred Ninety One Dollars and Forty One Cents ($158,491.41) to replace a maximum of seven (7) concrete asbestos pipes for the 174'^ Street Roadway Improvements Project, for a total amount not to exceed Thirty Nine Thousand Six Hundred Twenty Two Dollars and Eighty Five Cents ($39,622.85). Page 2 S I B Section 6. Responsibilities of North Miami Beach NMB agrees to pay the price and price adjustments/change orders in accordance with the above referenced Sections 2 ("Price") and 3 ("Price adjustments and change orders"). NMB agrees to pay Seventy Five Percent (75%) of the estimated costs totaling One Hundred Fifty Eight Thousand Four Hundred Ninety One Dollars and Forty One Cents ($158,491.41) to replace a maximum of seven (7) concrete asbestos pipes for the I74`h Street Roadway Improvements Project, for a total amount not to exceed One Hundred Eighteen Thousand Eight Hundred Sixty Eight Dollars and Fifty Six Cents (5118,868.56). NMB shall make a formal inspection of services associated with the concrete asbestos pipes at intervals mandated by NMB. Section 7. Compliance with laws. The Parties shall comply with applicable federal, state and local laws, code, ordinances, rules and regulations in performing_ their respective duties, responsibilities and obligations pursuant to this Interlocal Agreement and with all applicable laws relating to the replacement and installation of concrete asbestos pipes in the corridor of the N.E. 174th Street Roadway Improvements Project. Section 8. Indemnification. To the extent authorized by Florida law, the City hereby agrees to indemnify and hold harmless NMB to the extent of all the limitations included with Section §768.28, Florida Statutes, from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of. because of or due to the breach of this Interlocal Agreement by the City, its officials, agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify NMB for its own sole negligence or breach of this Interlocal Agreement, or for the sole negligence of any unrelated third party, including but not limited to the General Contractor. To the extent authorized by Florida law, NMB hereby agrees to indemnify and hold harmless the City to the extent of all the limitations included with Section §768.28, Florida Statutes, from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of, because of or due to the negligence or breach of this Interlocal Agreement by NMB, its officials, agents or employees. Section 9. Governing law, dispute resolution, and attorney's fees. This Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The Parties hereto agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Interlocal Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Interlocal Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami-Dade County, Florida. In the event of any action to enforce any Page 3 S I B dispute, controversy or cause of action, under this Interlocal Agreement, the prevailing_ party shall be entitled to its costs and expenses, including reasonable attorney's fees, incurred in connection with such action at the pretrial, trial, and appellate level, if necessary. Section 10. Entire Agreement. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the • subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms contained herein shall be effective unless set forth in writing in accordance with this section. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same formality as this Agreement and executed by both parties. Section 11. Notices. All notices and other communications required or permitted to be given under this Interlocal Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service). addressed to such party as follows: If to the City: Christopher J. Russo, City Manager With a copy to: City of Sunny Isles Beach Hans Ottinot, City Attorney 18070 Collins Avenue, 4th Floor City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue, 4ih Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to NMB: Ana M. Garcia, City Manager Jose Smith, City Attorney City of North Miami Beach City of North Miami Beach 17050 N.E. 19th Avenue 17011 N.E. 19th Avenue North Miami Beach, Florida 33162 North Miami Beach, Florida 33162 Tel: (305) 948-2983 Tel: (305) 948-2939 Section 12. Severability In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Interlocal Agreement and the same shall remain in full force and effect. Page 4 S I •-' Section 13. Joint Preparation The preparation of this Interlocal Agreement has been a joint effort between the Parties and the resulting documents shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. Section 14. Headings Captions and headings in this Interlocal Agreement are for ease of reference only and do not constitute a part hereof and shall not affect the meaning or interpretation of any provisions herein. Section 15. Waiver. The failure to either party to insist on the strict performance of any of the terms or conditions hereof shall not be deemed a waiver of any rights or remedies that said party may have for any subsequent breach, default or non-performance, and said party's right to insist on strict performance of this Interlocal Agreement shall not be affected by any previous waiver of course or dealing. Section 16. Term This Agreement shall take effect upon its execution by both panics and shall terminate upon completion of the Services described herein. • [Remainder of Page Intentionally Left Blank] Pale SI B IN WITNESS WHEREOF, the parties hereto have entered into this Interlocal Agreement effective as of the day and year first above written: ATTEST: CITY OF NORTHs.A MI BEACH • / BY: 4 I If BY: WAS."_ 'amela L. Latimore, CM , City Clerk lya.41 . C I i j' APPROVED O FO ' ' AND G;'' ., LEGAL SUFFICIENCY c. : (f: )z? 1(1 spr-7" cy� Attorney ATTEST['-•- "- CITY OF SUN 'Y ISL rS BEACH • BCSLIAU BY: ' ' Jane A:Hines;MMC, City Clerk George . Scholl, Mayor APPROVED AS TO FORM AND • LEGAL SUFFICIENCY -4 .. ,;r • B I•. 4 • s Ottinot, City Attorn y Page 6 I 10/92015 Item Coversheet Cityof Isles Beach Of���'.':�''1 Bf Sunny .-2(- 1;, 18070 Collins Avenue \ --, 1= Sunny Isles Beach,Florida 33160 •::°, f a��d/� (305)967-0606 City Hall °•: ° (305)949-3113 Fax oi sum MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Elka Linton-Dorsett, Capital Projects Manager DATE: 10/15/2015 Resolution Approving an Interlocal Agreement between the City of Sunny Isles Beach and the City of North RE: Miami Beach for the replacement of existing water service lines within the limits of the 174th Street Roadway Improvement project RECOMMENDATION: Staff recommends approval of this resolution. REASONS: Resolution No. 2015-2401 approved the award of ITB No. 14-11-01 to Florida Engineering and Development Corporation to provide professional construction services for the construction of the 174th Street Roadway Improvement project. The general scope of services included drainage enhancements, complete sidewalk and roadway reconstruction from North Bay Road east, to Collins. Improvements west of North Bay Road were limited to milling and resurfacing the existing pavement surface, and minimal sidewalk repair. New landscaping and irrigation will be installed along the full length of 174th street. Through Change Order No. 3 the scope of work has been revised to include the installation of new water service lines to some of the existing Winston Towers residences where the existing service lines have been identified as needing replacement. This work will be done in partnership with the City of North Miami Beach,who owns, operates and maintains the water services throughout the City of Sunny Isles Beach. The City of North Miami Beach agrees to reimburse the City Sunny Isles Beach for all contractor costs associated with the replacement of the existing water services, on a per service line basis, in the amount not to exceed 5158,494.41. ADDITIONAL INFORMATION: This resolution is a companion item to the resolution approving Change Order Nos. 2 and 3 for replacement of existing curb and sidewalk along 174th street west of North Bay Road (CO #2) and replacement of existing North Miami Beach water service lines within the project limits (CO#3). FUNDING SOURCE: Funding has been appropriated in account No 300-5-5410-465000- httpl/sunnyisles.novtsagenda.cam/agendaweb/CoverSheet.aspxRltemID=1757 1/2 10/9/2015 Item Coversheet 84001 ATTACHMENTS: Description Resolution Interlocal Agreement Item Number: 10.K. httpJ/survryisles.novusagenda.cam/agerdawe&CoverSheet.aspx?Item I0=1757 2/2