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HomeMy WebLinkAboutReso 98- 57 RESOLUTION NO. 98- 5 'f A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN INTERLOCAL AGREEMENT WITH MIAMI- DADE COUNTY FOR THE CONSTRUCTION OF THE GOLDEN SHORES DRAINAGE IMPROVEMENT PROJECT ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, prior to the City's incorporation, designs for the enhancement of the stormwater management systems in the Golden Shores subdivision were underway as a result of well-documented flooding problems; and WHEREAS, the City, subsequent to incorporation, has negotiated for the construction of the such a drainage system in accordance with those designs and under construction supervision by the County pursuant to the terms and condition set forth in such an agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: That the Interlocal Agreement with Miami-Dade County for construction of the Golden Shores Drainage Improvement Project, attached as Exhibit "A" be and the same is hereby adopted. Section 1. Section 2. That the City Manager is hereby authorized to execute the Agreement, on behalf of the City, with the County. Section 3. This Resolution shall take effect immediately upo /I-t'k j~ PASSED AND ADOPTED this 28ift;day of~ 1998. ATTEST: rJZ~~-WwU'\ Richard'13r-own-Morilla, City Clerk , . 'l.. ..' " Park Intoclocal Res.'- . . .- '.. j". ...... APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Park Interlocal Res, V(Yes) V(Yes) ~(Yes) - ~t:s) -(Yes) Moved by: \\ ~(.Sl. ~ \ VJ\..L.hJ~ Seconded by: ~\W\ ~ _(No) _(No) _(No) _(No)- ~ _(No) NOTE TO RECORD: Please note that parts of this exhibit (if not all) has/have been inadvertently lost. At this time, we are unable to recreate same. Resolution No. 97-57 INTERLOCAL AGREEMENT BETWEEN MIAMI- DADE COUNTY AND CITY OF SUNNY ISLES BEACH, FLORIDA FOR THE CONSTRUCTION AND MANAGEMENT OF THE GOLDEN SHORES DRAINAGE IMPROVEMENT PROJECT This INTERLOCAL AGREEMENT, [hereinafter the "AGREEMENT"], by and between "the Parties," Miami-Dade County, a public body corporate and politic, through its governing body, the Board of County Commissioners of Miami-Dade County, Florida [hereinafter referred to as "COUNTY"], and the City of Sunny Isles Beach, [hereinafter referred to as "CITY"], is entered into this day ,1998. ARTICLE 1 ST A TEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the CITY, fully and timely perform all work items described in the Statement of Work, attached hereto as Exhibit "A", and made a part of this AGREEMENT. 1.2 The CITY shall have the right to request additional project(s) for the planning, design, construction and management by the COUNTY through separate Agreement(s). These projects shall be constructed at the CITY's cost, and shall be reviewed and approved by the CITY prior to design, bidding, construction and management activities. 1.3 As part of the services to be provided to the CITY under this AGREEMENT, the COUNTY shall maintain a record of the methodology, scientific theories, data reference materials, research notes, any work completed by assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by this AGREEMENT, and at the request of the CITY, make any necessary presentations related to this Project. ARTICLE 2 TERM OF THE AGREEMENT 2.1 The period of performance of this AGREEMENT shall commence on the date of execution and continue for a period of thirty six (36) months, except as indicated in ARTICLE 8. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 3 COMPENSA TION/CONSIDERA TION 3.1 As consideration for providing the work required by this AGREEMENT, the CITY shall pay the COUNTY an amount equal to all the paid COUNTY's subconsu\tants design invoices, project management and monitoring and including all associated administrative fees not to exceed 5% of the total amount invoiced by the COUNTY through the life of this AGREEMENT. 3.2 11 is the intent and understanding of the Parties that this AGREEMENT is solely for the CITY and the COUNTY. No person or entity other than the CITY or the COUNTY shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-Party beneficiary or otherwise. ARTICLE 4 METHOD OF PAYMENT The CITY agrees to pay the COUNTY for work rendered under this AGREEMENT based on the payment schedule, which is incorporated herein and attached hereto as Exhibit "A". Payment shall be made in accordance with procedures outlined below: 4.1 The COUNTY shall submit monthly invoices on a completion of construction, completion percentage basis, pursuant to the schedule outlined in Exhibit "A". 4.2 The CITY shall pay the full amount of the invoices submitted by the COUNTY. 4.3 Payments made by the COUNTY on behalf of the CITY to cover the COUNTY's subcontractor's invoices shall be accepted as having been paid for and approved for by the CITY. 4.3 The COUNTY shall provide all necessary permits for this construction project with the exception of those required by the CITY which the CITY will provide to the COUNTY at no cost. ARTICLE 5 PROJECT MANAGEMENTINOTICE 5.1 The Project Manager for the COUNTY is Carlos Espinosa, P.E., Assistant Director, DERM, at 33 Southwest 2nd Avenue, Ph2 , Miami, Florida 33130, telephone (305) 372- 6796. The Project Manager for the CITY is James DiPietro, City Manager, City of Sunny Isles Beach at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, FL 33160, telephone (305) 947-0606, The Parties shall direct all matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be 2 responsible for overall coordination and oversight relating to the performance of this AGREEMENT. 5.2 All notices, demands, or other communication to the CITY under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested to: CITY OF SUNNY ISLES BEACH CITY HALL Attn: James DiPietro, City Manager 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 All notices to the COUNTY under this AGREEMENT shall be in writing and sent by certified mail, return receipt requested, to: MIAMI-DADE COUNTY Department of Environmental Resources Management (DERM) Attn: Carlos Espinosa, P,E., Assistant Director 33 S.W. 2nd Avenue, Ph2 Miami, Florida 33130 The COUNTY shall also provide a copy of all notices to the CITY's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. All correspondence to the COUNTY under this AGREEMENT shall reference the Resolution number of this AGREEMENT. ARTICLE 6 INSURANCE The COUNTY shall maintain, throughout the term of this AGREEMENT, insurance coverage reflecting, at a minimum, the limits and coverage conditions for General Liability, Automobile Liability and Worker's Compensation identified Exhibit "B," attached hereto and made a part of here of. All coverage required shall extend to all employees and subcontractors of the COUNTY. The COUNTY represents that it is a self-insured entity subject to the coverage and limitations specified in Sections 284.31 and 768.28 of the Florida Statutes. ARTICLE 7 TERMINA TION/REMEDIES 7.1 If either Party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other Party shall have the right to terminate this AGREEMENT by giving 3 written notice of any deficiency. The Party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting Party fails to correct the deficiency within this time, this AGREEMENT shall terminate at the expiration of the ten (10) day time period. 7.2 Either Party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other Party. The performance of work under this AGREEMENT may be terminated by the CITY in accordance with this clause in whole, or from time to time in part, whenever the CITY shall determine that such termination is in the best interest of the CITY. Any such termination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination, the CITY shall compensate the COUNTY for all authorized and accepted work performed through the termination date and the balance of the COUNTY's contractor's bid award. The CITY shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this AGREEMENT. 7.3 If either Party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 7.4 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to nonbinding mediation, The mediator or mediators shall be impartial, shall be selected and agreed to by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law, ARTICLE 8 RECORDS RETENTION/OWNERSHIP The COUNTY shall maintain records and the CITY shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The CITY or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT. 4 C Extended Availability of Records for Legal Disputes: In the event that the CITY should become involved in a legal dispute with a third Party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute and upon reasonable notice, time and place relating to the AGREEMENT, and all such records shall be made readily available to the CITY. ARTICLE 9 STANDARDS OF COMPLIANCE 9.1 The COUNTY, its employee, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The CITY undertakes no duties to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 9.2 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either Party to initiate legal action regarding this AGREEMENT, venues shall be the Eleventh Judicial Circuit for claims under state law and in the Southern District of Florida for any claim which are justifiable in federal court. 9.3 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 9.3 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. 9.5 The COUNTY shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private Party of federal, state, municipal or local agency, and other governmental approvals prior to commencing performance of this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 9.6 The COUNTY hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or be otheIWise subjected to discrimination in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 5 ARTICLE 10 RELATIONSHIP BETWEEN THE PARTIES 10.1 The COUNTY is an independent contractor and is not an employee or agent of the CITY. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY and the COUNTY, its employees, agents, subcontractors, or assigns, during or after the performance of this AGREEMENT. The COUNTY is free to provide similar services for others. 10.2 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the CITY. Any attempted assignment in violation of this provision shall be void. ARTICLE 11 GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenenforceable as against any person, entity or circumstance during the term hereof, by 6 force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the written approval of the Parties hereto. 11.6 Prior to engaging in any discussions with the news media pertaining to this AGREEMENT, the CITY shall notify the COUNTY. This includes news releases, media requests for interviews, feature articles, facts sheets, or promotional materials. 11.7 This AGREEMENT states the entire understanding and AGREEMENT between the Parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the Parties with respect to subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by CITY staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing and signed by an authorized CITY representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the Parties, their respective assigns, and successors in interest. 7 IN WITNESS THEREOF, the Parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of , 1998. Attest: ,...... : . ..q~~,~IWv'~U~,y .-" , \-<<::iw'C!erk Dated ~,,1 . ': " - ~.. l.. " ,,- - . I . ~ \' \ , . \ \. \ . ) \ " "' , \ CITY OF SUNNY ISLES BEACH, FLORIDA 17070 Collins Ave, Suite 250 Sunny Isles Beach, Florida 33160 Authorized signature on behalf of the City of Sunny Isles Beach, Florida. By: J es DiPietro, City Manager City of Sunny Isles Beach MIAMI-DADE COUNTY, FLORIDA BY: M, R. Stierheim County Manager F or the Board of County Commissioners, Miami-Dade County, Florida, as Governing Body of the Stormwater Utility. Stephen P. Clark Center III N.W. 1st. Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: By: Deputy Clerk Dated 8 EXHIBIT" A" STATEMENT OF WORK FOR CITY OF SUNNY ISLES BEACH GOLDEN SHORES DRAINAGE IMPROVEMENT PROJECT INTRODUCTION The City of Sunny Isles Beach was substantially developed prior to the establishment of the water quality management controls now employed by the South Florida Water Management District (SFWMD) and Miami-Dade County Department of Environmental Resources Management (DERM). The affected area is within a low-lying area where finish floor elevations and crown of the roads are below the FEMA flood maps and the Miami-Dade County flood criteria maps, respectively. The area of Golden Shores experiences severe flooding problems rendering it difficult for emergency vehicles and residents to navigate their vehicles. An evaluation is on-going to determine other potential drainage improvements needed, Once the project(s) have been identified, they may be considered through separate agreements. OBJECTIVE The purpose of this project is to address specific drainage problems and related flooding concerns in the low-lying areas within the project boundaries. The proposed system will be connected to the existing pump station to provide a greater degree of safety and flood protection. SCOPE OF WORK The Miami-Dade County (County) will oversee the construction activities which will be directly supervised by the Public Works Department. The drainage system will cover the area bounded by 191st Terrace to the North, Atlantic Boulevard to the East, 186th Street to the South and North Bay Road to the West. The project consists of stormwater infrastructure as specified in our construction plans. WORK BREAK DOWN STRUCTURE Task 1. County shall bid the project with the assistance of the Public Works Department, Contract and Specification Section. Advertise the project through competitive bidding. Review bids, and award construction contract to the lowest responsible bidder. Task 2. The County shall monitor construction of the project and submit monthly report and construction invoices paid to the contractor plus administrative fees paid by the County to administer the project DELIVERABLES AND PAYMENT SCHEDULE Task Deliverable Due Date Payment I Bid document July 1,1998 2 Construction progress reports and Monthly from As per Article 4 inVOices. commencement of Method of Payment construction Construction of this project will commence within three (3) months of awarding the bid to the successful bidder and construction will be completed within twelve (12) months of awarding the bid. PROJECT COSTS The total cost of construction for this project is estimated at $711,000. However, when the project is bid, total construction cost may vary by up to 35%. Final construction cost may be higher than bid award if field conditions require modification to the construction plans due to conflicts encountered during construction or damages resulting from related activities of this construction work. The County will invoice the City of Sunny Isles Beach for all expenses being paid by the County to its contractor and paid for project administration as specified in the Interlocal Agreement of which Exhibit "A" has been made a part of CONTINGENCY In the event of a major storm event or other unforeseen natural disaster, the project contract may be amended to provide a time extension as per Article 11, GENERAL PROVISIONS. 9Q r-7 City of Sunny Isles Beach 17070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 (305) 947 -0606 phone (305) 949 -3113 fax David Samson To: City Commission Mayor trying Tumtsky. From: City Manager Vice Mayor Date: June 11, 1998 Commissioners Danny Iglesias Lila Kauffman Subject: INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY Connie Morrow FOR CONSTRUCTION OF THE GOLDEN SHORES James DiPietrn DRAINAGE UAPROVEMENT PROJECT City Manager Lynn M. Dannheisser City Attomey RECOMMENDATIONS It is recommended that the City Commission adopt, by resolution, the attached agreement with Miami -Dade County that will initiate construction of the Golden Shores Drainage Improvement Project. REASONS Prior to the City's incorporation, designs were being made to enhance storm water management systems in the Golden Shores subdivision, in response to well documented flooding problems. This agreement provides a mechanism for the City to hire Dade County's Department of Environmental Resources Management to continue constructing the drainage system and monitor the constructors compliance with bid specifications. ADDITIONAL INFORMATION The estimated cost of the project to the City is $711,000 + or -. It will be paid for by a combination of storm water fees (no rate increase) and gas tax monies (an additional City Commission vote will be necessary). County bid award is anticipated in August, with construction occurring from October 1998 through March 1999. Respectfully s itted, James DiPietro City Manager JD:pw METROPOLITAN DADE COUNTY, FLORIDA METRO=DADE PE ENVIRONMENTAL RESOURCES MANAGEMENT May 6, 1998 WATER MANAGEMENT DIVISION SUITE 500 33 S.W. 2nd AVENUE MIAMI, FLORIDA 3313&1540 (305) 372-6529 Lynn M. Dannheisser, Esq. City Attorney City of Sunny Isles Beach 17070 Collins Ave., Suite 250 Sunny Isles Beach, FL 33160 Re: Interlocal Agreement for the Construction and Management of the Golden Shores Drainage Improvement Project and Interlocal Agreement for the Design of Drainage Improvement Projects for the City of Sunny Isles Beach Dear Ms. Dannheisser: Please find enclosed two sets of two Interlocal Agreements as per our must recent discussions. One of the Interlocal Agreements will address the construction and management of the Golden Shores Drainage Improvement Project, specifically. The other Interlocal Agreement will address the request for the design of additional drainage improvement projects. This latter Interlocal Agreement includes language where the CITY in the future could through another Interlocal Agreement have the COUNTY perform the construction and management of the developed design for the additional drainage improvement projects. The County is ready to send the design package for the Golden Shores Drainage Improvement Project to the Board of County Commissioners (BCC) for approval to advertise for bids. It is important that your review of the document for the Golden Shores Drainage Improvement Project proceed as soon as possible such that the request for advertisement can proceed without delays. The BCC meetings in July are on the r and 21" . However, to place an item on those dates, we need to have your executed Agreement before May 15's or June 1 #, respectively. Should you have any questions, feel free to call me at 372 -6529. SirAerely, PofioaNK. Valdes, P.E., Chief Water Management Division DKV:np Enclosures WMIASt ylslmBewh.da t