HomeMy WebLinkAboutReso 2008-1338
RESOLUTION NO. 2008- 1338
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
THE INSTALLATION OF A WATER MAIN AND RELATED
IMPROVEMENTS IN ATLANTIC ISLES, A TT ACHED HERETO
AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT, AND TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THIS
AGREEMENT; 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 and the City of North Miami Beach wish to
facilitate the installation of a new water main and related improvements in the Atlantic Isles
neighborhood in the City of Sunny Isles Beach; and
WHEREAS, the existing water main in the City's Atlantic Isles neighborhood is over 60
years old and is in immediate need of replacement as part of the City's Atlantic Isles project; and
WHEREAS, the City of North Miami Beach is responsible for the installation of the
water main improvements in the Atlantic Isles neighborhood and has agreed to allow the City of
Sunny Isles Beach to install the water main on its behalf provided that all costs associated with
the installation will be paid by North Miami Beach; and
WHEREAS, the City has agreed to be responsible for all work associated with the
installation of the water main and related improvements in the Atlantic Isles neighborhood, and
will also be responsible for hiring and managing the general contractor; 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 installation of water main and related improvements in Atlantic Isle, attached
hereto as Exhibit "A", be and the same, is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said Interlocal Agreement, and to do all things necessary to effectuate the terms of this
Agreement.
R2008- Interlocal Agmt with NMB for Water Main in Atlantic Isles
Page I of2
Section 3.
Effective Date. This Resolution will become effective upon adoption.
ATTEST:
PASSED AND ADOPTED this 16th day of Octob~08.
(/! ~/~j
7 man S. Edelcup, Mayur
~ll6L-
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AND I. S F CIENCY:
Moved by: (' h~ eR~2'f...L
Seconded by: VI Lt 1"(\0 l\\ l\L <t.e.
Vote: Y -0 - \
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl- -Abse--Nt- -
V(Yes)
~Y es)
l./(Y es)
l./(Y es)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2008- Interlocal Agmt with NMB for Water Main in Atlantic Isles
Page 2 of2
lNTERLOCAL AGREEMENT BETWEEN THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AND THE CITY OF NORTH
MIAMI BEACH, FLORIDA, FOR THE INSTALLATION OF WATER
MAIN IN ATLANTIC ISLES
CONTRACT NO:
THIS INTERLOCAL AGREEMENT is made and enten:d into this day of
. 2008. between the City of Sunny Isles Beach. Florida (the '.City") and the City
of North Miami Beach. Florida (hereinatter "NMS'.). collectively referred to as the "Parties."
WITNESSETH:
WHEREAS. the Parties herein wish to facilitate the installation of a new water main in
the Atlantic Isles neighborhood in the City of Sunny Isles Beach. to include the installation of an
8 inch water main with portions of 6 inches and 2 inches. related water service laterals and
appurtenances (the "Project"); and
WHEREAS. the existing water main in the City's Atlantic Isles neighborhood is over 60
years old and is in immediate need of replacement as part of the City's Atlantic Isles project; and
WHEREAS, NMB is responsible for the installation of the water main improvements in
the Atlantic Isles neighborhood and has agreed to allow City to install the water main on its
behalf provided that all costs associated with the installation will be paid by NMS; and
WHEREAS. the City has agreed to be responsible for all work associated with the
installation of the water main and related improvements in the Atlantic Isles neighborhood. and
will also be responsible for hiring and managing the general contractor; and
NOW THEREFORE, in consideration of the mutual representations. terms
and covenants hereinatter set forth. the parties hereby agree as follo\\s:
Section 1. Incorporation of Recitals
The above recitals are true and correct and arc hereby incorporated herein.
Section 2. The Proiect
The City shall be responsible for placing the nevv water main and related improvements in
the Atlantic Isles neighborhood. and will also be responsible for hiring and managing the general
contractor of the Project. The City shall be responsible for up-front costs of the Project.
Exhibit "A"
Section J. Reimbursement of Costs
NMB agrees to reimburse the City the full cost for the completion of the Project, in the
amount based on the bid price of Two Hundred Sixty Eight Thousand Five Hundred Dollars
($268.500.00). Payment shall be made to the City through 6 (six) monthly payments of Forty
Four Thousand Seven Hundred Fifty Dollars ($44.750.00) per month. commencing January 1.
2009. Any payment made after the fifteen day of any month shall be deemed late, If more than
three (3) payments are late. NM B shall pay the outstanding balance to the City within ten (10)
days of receiving notice from the City.
Section~. Price adiustments and chan2e orders
The total reimbursement costs for the Project is rdlected in the bid price of $268.500,00.
However. the Parties recognize that adjustments to the price may be required in the future and
that this price may be adjusted upwards or downwards by any water main related change orders.
The City shall obtain the consent of NMB before the execution of any change order
relating to the Project. Consent shall not be unreasonably withheld by NMB. If NMB fails to
provide consent within fifteen (15) days of notice from the City. the City shall have the
discretion to approve the change order.
Section 5. Responsibilities of the City
A.
the Project.
Hiring of Contractor. The City shall hire and manage the general contractor for
B. Placement of Water Main. The City and the general contractor shall be
responsible for placing the new water main and related improvements in the Atlantic Isles
neighborhood.
Section 6. Responsibilities of North Miami Beach
A. Costs & Plans. NMB agrees to reimburse the full costs of the Project which
include adjustments/change orders in accordance with this agreement. NMB also agrees to
provide the City with necessary copies of the plans prepared for the new water system,
B. Supply of materials. NMB shall supply the materials outlined in Attachment "A"
to the City for the construction of the water main project prior to the commencement of the
Project. Delivery will be made to the Atlantic Isles job site and coordinated with the City for
receipt and acceptance. The City shall notify the general contractor that any unused materials are
required to be returned to NMB at the end of the Project. Misplaced materials shall be the
responsibility of the City and general contractor.
C. Assignment of Inspector. Ni\1B shall assign an inspector to oversee the
installation of the water main and related service lines to ensure compliance with NMB
standards. The inspector shall work closely with the City and its general contractor.
Page :2
D, Responsibilitv to locate eXlstln~ water t'acilities. NMB shall be responsible to
locate the existing water I~Kilities. upon receipt ot' locate tickets. and comply with the state ot'
Florida's "Sunshine State One call system." All locate tickets shall be provided to the general
contractor.
E. Responsibilitv as Engineer of record. NMB shall act as the Engineer of record
(for the water main installation only) to certify the complete installation in accordance with the
approved plans permitted with th; Florida Department of Health.
Section 7. Communications with Contractor. All communications made between
NMB and the contractor shall be routed through Ihe City or its agents.
Section 8. Meter Boxes,
A. Assessment of meter boxes. NMB shall make an assessment of broken meter boxes,
and provide any necessary replacement boxes to the City, prior to construction of the Project.
The City or its general contractor shall be responsible for replacing any water meter broken
during the construction of the Project.
B. Meter Relocation. The City and the general contractor shall be responsible for
relocation of water meters and associated plumbing work necessary to complete the Project.
C. Floating Construction Meter. The City or its contractor shall secure a floating
construction meter from NMB Engineering Division office prior to commencement of
construction for the use of any water during the Project.
Section 9. Transfer of System. The City and the general contractor agree to transfer all
water service meters from the old system to the new system after testing, acceptance. and
certification of the facilities. The City or its general contractor shall be responsible for final
connection of the new system.
Section 10. Dama2:c to Property. NMB shall not be responsible for any property
damage caused by the City or its general contractor during the construction of the Project. The
City or its general contractor shall be responsible for repairing all roadways. driveways. and
landscaping that requires removal during the construction of the Project. The general contractor
shall be responsible for repairing any and all water main or water service breaks caused by the
general contractor or its agents. Any costs associated for repairing a water main or water service
breaks are the responsibi I i ty of the general contractor.
Section 1 J. Waiver of Fees. NMB agrees to waive any administrative fees that it would
not otherwise charge itself including.. but not limited to. deposits to secure a floating construction
meter.
Section 12. Compliance with laws. The City ag.rees to comply with applicable federal.
state and local laws. code. ordinances, rules and regulations. and A WW A standards in
constructing the Project.
Page J
Section 13. Indemnification. To the extent authorized by Florida law. the City
hereby agrees to indemnify and hold harmless NtvlB to the exknt 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 \vhich may arise out oC because of or due to the
negligence or breach of this Interlocal Agreement by the City, its officials. agents or employees. It
is specifically understood and agreed that this indemnitication clause does not cover or indemnify
NMB for its sole negligence or breach of this Interlocal Agreement, or for the sole negligence of
any unrelated third party.
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 9768.28. 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. It is specitically understood and agreed that
this indemnitication clause does not cover or indemnify the City for its sole negligence or breach
of this InterIocal Agreement, or for the sole negligence of any unrelated third party.
Section 14. Arbitration. It is the intention of the parties that whenever possible. if a
dispute or controversy arises hereunder then such dispute or controversy shall be settled by
arbitration in accordance with the procedures. rules and regulations of the American Arbitration
Association. The decision rendered by the Arbitrator shall be final and binding upon the parties
and judgment upon the award rendered by the arbitrator may be entered in any court having
jurisdiction. Arbitration shall be held in Miami-Dade County. Florida. All costs of arbitration
and attorneys. fees incurred by the parties shall be paid by the non-prevailing party or. if neither
party prevails on the \vhole, each party shall be responsible for a portion of the costs of
arbitration and their respective attorneys' fees as may be determined by the COllrt on
contirmation.
Section 15. Entire Ae:reement. 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, \vhether oral or written. It is further
agreed that no moditication, amendment or alteration in the terms contained herein shall be
etfective 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 16. 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. tirst class postage
prepaid, return receipt requested. (ii) by guaranteed overnight delivery by a nationally recognized
courier service. or (iji) by facsimile with confirmation receipt (with a copy simultaneously sent
Page ..t
by cl:rtified ur registered mail. first class postage prepaid. rl:turn receipt requested or by
overnight delivery by traditionally recognized courier service), addressed to such party as
tollows:
If to the City: A. John Szerlag I With a copy to:
City Manager I Hans Gttinot
City of Sunny Isles Beach City Attorney
18070 Collins A venue City of Sunny Isles Beach
fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 791-1701 Sunny Isles Beach. Florida
33160
Tel: (305) 792-1702
If to NMB: Kelvin L. 13aker With copy to:
City Manager Howard Lenard
City of North Miami Beach City Attorney
17050 N.E. 19th Avenue City of North Miami Beach
North Miami Beach, Florida 33162 17050 N.E. 19th Avenue
Tel: (305) 948-2983 North Miami Beach, Florida
33162
Section 17. 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 Memorandum and the same shall remain in full force and efTect.
Section 18. Joint Preparation The preparation of this Interlocal Agreement has been a
joint etTort 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 19. Headines 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 20. 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 wai ver 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 lnterlocal Agreement shall not be affected by any previous
waiver of course or dealing.
Section 21. Uncontrollable Circumstances ("Force Majeure"): The Parties will be
excused from the performance of their respective obligations under this Interlocal
Agreement when and to the extent that their performance is delayed or prevented by any
circumstances beyond their control including. tire. tlood. explosion. strikes or other labor
disputes. act of God or public emergency. war. riot. civil commotion. malicious damage.
Page 5
act or omission of C1ny governmental authority. delay or failure or shortage of any type of
transportation. equipment. or senice from a public utility needed for their performance.
provided that: (a) the non-performing party gives the other party prompt written notice
describing the particulars of the Force Majeure including. but not limited to. the nature of the
occurrence and its expected duration and wntinues to furnish timdy reports thereto during the
period of the Force Majeure: (b) the excise of performance is of no greater scope and of no
longer duration than is required by Force Majeure: and (c) the non-performing party uses its best
efforts to remedy its inability to perform.
Section 22. Term This Agreement shall take effect upon its execution and shall
terminate upon completion of the Project.
(the remainder of this page is intentionally left blank)
Page 6
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the day and year lirst ahove written:
WITNESSES:
CITY OF NORTH :\1IAMI BEACH:
Signature
Print Name
BY:
Kelvin L. Baker. City Manager
WITNESSES:
Signature
Print Name
BY: (--\X1'r0- k, Ll >'~
Jane A. Hines. CMe. City Clerk
anager
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
1/, "
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BY:;::, . /
H~1buinof' City Attorney
Page 7
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Attachment "A"
To:
Via:
From:
Date:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler" Vice Mayor
Roslyn Brezin Commissioner
Gerry Goodman Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 792-1565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Honorable Mayor and City Commission
A. John Szerlag, City Manager
Jorge L. Vera, Assistant City Manager/Service Division
October 16,2008
Interlocal Agreement between the City of Sunny Isles Beach and North Miami
Beach for the Installation of a Water Main in Atlantic Isles.
RECOMMENDATION
This resolution is brought forth for your consideration.
BACKGROUND
The City Commission approved a contract for sewer and drainage on Atlantic Isles. As part of
the contract there will also be the undergrounding of the utilities and providing a new water line.
Originally North Miami Beach Water Department (NMB) was going to do the installation of the
water line, however after numerous meeting with NMB it was determined that it would be more
expeditious if the current contractor would do the water line installation.
The City of Sunny Isles Beach (City) will pay the full cost for the completion of the project.
This Interlocal Agreement will require NMB to reimburse the City for the full amount of the
project. The total cost for the installation including materials is $268,500. Payment shall be
made to the City in 6 monthly payments of$44,750, commencing January 1,2009. If more than
3 payments are late by the 15th of the month, the outstanding balance is due within 10 days.
The total amount of $268,500 for the water line was already included as an allowance in the
contract amount that the City approved. This is not a change order to the original contract
amount for the entire sewer and drainage project.
This work is funded under account number 20-600-5653.
Funding available:
Approval:
Agenda Item No.:
I 0 i=""
(0- 1<0- D<1?
Finance Department
City Manager
Commission Meeting Date: