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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/, " ) / .I:' ., / I' f t L_ I BY:;::, . / H~1buinof' City Attorney Page 7 /,~:.--:-::....> b\ ~~~.I . ;. - ~ ."..1 ':- . . "..:,4 I I iPROJECT. Atlantic Isln System Betterment AU.ntlc Ave.(From AtlantiC Islel Bridge 10 lhe Cul.Qe,Sec) PROJECT NO. W~593 BILL OF MATERIALS QUANTITY' UNIT , --.---..---- .--- ~EMARKS ------------ .. ClESCRIPTlON WATER MAIN CONSTRUCTION l~_P-y C C-300 PIP!: ,.;' P V C C 900 PIPE 10'. p V C C-900 P:PE .________ METAlIC DETECTOR TAPE 2 POL vETHvLENE PIPE f 4' POL '(ETHYLENE PIPE ----------.- 8..:l' V C Sell ao Pi?.E_ _ .. 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EA EA EA EA 2 t I ~8 EA u~~ EA I 2 ' EA , ---aRICGE CRo"SS-ING SEE-DETAIL .-- A'~^.VA FIPT , Mueiler DR 25 SERIE:S, . "L:='._l:~ .~'S=...._r-1 :~12:: .......f.~'.. "l't .~.1J:". --~----'-'---- ',~'_!L~_l._"'" '1..,Af) .:....'::;.. I~. ..I.. oj EA ; EA I '2 E:A -t-S--i-EA L- '12 cA . ____.L--1-_E~~ r 2 ::A -+ 10 EA '2" STAINLESS ST POLY 1NSEf322._______ I "40 ~A ,a. M!:9~hUGS___ ____ _____ _~B3 _ .:.'OA ,0.. MEGALUGS 37 ::'" . 600 Spill Serrated ReSlralrt ---r 12 ::A : : 600 Spill Serrated Restraint 3 EA ,6.. RETAINER GLAND 12 EA ;a.. PIG 2 EA I &' PIG 2 EA :6'. SLEEVE I 01 EA :8" SLE~.Y~i.Q!)_______ ____ :: A FIRE r-ivDRANT ASSEMBL ( ~2.. STAINLESS STEEL STRAPS #2 VALVE BOX ,11'3 '/ALVE BOX gupy 3R'D';E CReSS NG 12" M I P X 2" COMPRESSION COUPLING ,2" XIS.' .'lED BUSHING__ _ '2" X 12'. LONG BRASS NIpPLE :2" COMPRESSION COUPL:NG -;-- - -jRESSEF r (PE; F.CR ? '~AiN ='~R 3EP\;ICES PoND ':1A!N-- ------ --.- - - -- Sa'h?S 2:I;C PV fry ....,.Ie _._ ____.__CY__ S-:"Ies ~ :0(: PV for OV(: ':/ e ;::'vc f:;: 3. pvc ;oOR ., ,.,YDRANTS ----- _ONG PAr-ERN ~:)N:3 FA ~E?N 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: