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Home My WebLink AboutR-2023-053 Broward County Interlocal Agreement - Surtax Funded Transportation Project - First AmendmentRESOLUTION NO.2023- 0S3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: STORMWATER IMPROVEMENTS-DRAINAGE/RESILIENCY CONSTRUCTION (RANI-017) TO BE IMPLEMENTED BY THE CITY OF DANIA BEACH, AND FUNDED WITH TRANSPORTATION SURTAX FUNDS IN THE AMOUNT OF SEVEN MILLION TWO HUNDRED TWELVE THOUSAND DOLLARS ($7,212,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in November 2018, Broward County voters approved a 30-year sales surtax (also known as "Penny for Transportation") to fund statutorily permissible transportation expenditures; and WHEREAS, all projects, County, State, and municipal, funded by the transportation surtax are evaluated for eligibility under Section 212.055(1), Florida Statutes, by the independent Transportation Surtax Oversight Board before the Broward County Board of County Commissioners makes the final decisions regarding the funding of the Southeast Drainage Project- Design; and WHEREAS, the parties entered into the Interlocal Agreement for the Surtax -Funded Municipal Transportation Project known as the Stormwater Improvements — Drainage/Resiliency (DANI-017) Project dated May 20, 2021 (the "Agreement'), to design drainage improvements in the Southeast area of the City; and WHEREAS, the City and Broward County now desires to amend the agreement to include the construction documents, deliverables, funding, and extend the term to allow for construction of Phase I of the Stormwater Improvements Drainage/Resiliency (RANI-017) Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are approved, made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute the First Amendment to the Interlocal Agreement with Broward County, Florida, a political subdivision of the state of Florida, to provide Transportation Surtax funding for construction of the Southeast Drainage Project, in the amount of Seven Million Two Hundred Twelve Thousand Dollars ($7,212,000.00) a copy of which Agreement is attached as Exhibit "A". Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 13, 2023. ATTEST: I • 1 t LeiMM ' APPROVED AS TO FORM AND CORRECTNESS: NJ 2 RESOLUTION #2023- 0S3 BB�,AN%RD FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: STORMWATER IMPROVEMENTS— DRAINAGE/RESILIENCY (DANI-017) This is the First Amendment ("First Amendment") to the Agreement (defined below) between Broward County, a political subdivision of the State of Florida ("County"), and the City of Dania Beach, a municipality of the State of Florida ("Municipality") (each a "Party" and collectively referred to as the "Parties"). RECITALS A. The Parties entered into the Interlocal Agreement for the Surtax -Funded Municipal Transportation Project known as the Stormwater Improvements — Drainage/Resiliency (DANI-017) project, dated May 20, 2021 (the "Agreement"), to design drainage improvements in a region in the City of Dania Beach bounded by SE 3rd Street to the north, SE 2nd Avenue to the west, SE 7th Street to the south and SE 5th Avenue to the east. B. The Agreement expires by its terms on December 31, 2023. C. The Parties now desire to amend the Agreement to include the construction documents, deliverables, and surtax funding, and extend the Term to allow for construction of Phase I of the Stormwater Improvements— Drainage/ Resiliency (DANI-017) project. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, County and Municipality agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this First Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Amendments to the Agreement made pursuant to this First Amendment are indicated herein by use of strikethroughs to indicate deletions and bold/underlining to indicate additions. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. Section 4.1 of the Agreement is amended as follows: 4.1 Term. The term of this Agreement shall begin on the date it is fully executed by the Parties ("Effective Date") and shall end on Perem eF 3 , 2023 March 30, 2026 ("Initial Term"), unless extended pursuant to Section 4.2. 4. Section 5.4 of the Agreement is amended as follows: Maximum Funding. Municipality acknowledges that the Maximum Funding Amount set forth below is the maximum amount payable by County and constitutes a limitation upon County's obligation to provide funding to Municipality for the Project. Municipality further acknowledges that subtotal amounts set forth below for the applicable phases and in the Funding Schedule (including as amended) are the maximum amounts payable for the applicable portions of the Project, and constitute limitations on County's obligation to provide funding to Municipality for the Project. DANI-017— First Amendment Page 1 of 8 Description Not -To -Exceed Amounts Phase I - Planning and Preliminary Design $ 3-' O .gg $73,187.82 Completed Phase II - Design $;g3ggcoo $504,664.53 Completed Phase III — Construction (inclusive of $6,634,147.65 CEI services and 5%contineencvl o,.l., �,, bWFSab:es 9 4 09 MAXIMUM FUNDING AMOUNT: 5865l449 09 $7,212,000.00 In no event shall County be liable to provide funding to Municipality in excess of the applicable amounts stated in the Funding Schedule or the Maximum Funding Amount, regardless of the basis for any claim orthe basis for increased cost, including, without limitation, differing site conditions, delays, weather, or any other reason. If the actual costs of the Project exceed the amount County is obligated to fund per the Funding Schedule, as same may be amended pursuant to this Agreement, Municipality shall be solely responsible for funding any and all such additional amounts. Municipality is solely responsible for any and all costs to operate, support, and maintain the Project unless otherwise agreed in writing by the Parties; County has no obligation to fund any costs related to the Project except as expressly stated in this Agreement. Section 11.6, "Notices' is amended as follows: Broward County Administrator Attn: SeFtha HeR F Monica Cepero Government Center 115 South Andrews Avenue, Room 409 Fort Lauderdale, Florida 33301 Email address: bhenFy@I9F8 aFd ^•^ mcepero@broward.org 6. Section 1 of Exhibit A of the Agreement is amended as follows: PHASES I AND II — Planning & Preliminary Design and Design Stormwater Improvements — Drainage/Resiliency (DANI-017) The purpose of the Project is to address current flooding issues at the neighborhood bounded by SE 3rd Street to the north, SE 2nd Avenue to the west, SE 7th Street to the south and SE 5th Avenue to the east ("the Improvements"), as further explained in the Scope of Services in the Municipality's November 23, 2020 Solicitation for Design Services (the "Solicitation") (The Solicitation is attached to this Exhibit A and is entitled "Attachment 1 to Exhibit A."). Within these limits, there are priority areas located at the current low spots that result in traffic disruptions and repeated private property losses due to flooding. The Project area is about 103 acres and is in a low-lying area within the basin, which receives runoff from the west. The Improvements should consider a contribution area of approximately 190 acres. The contributing area of 190 acres is bounded by SE 2nd St and SE 3rd Street to the north, state road US-1 to the west, SE 10th Street to the south and SE 5th Avenue to the east. The storm event to be modeled for the proposed solutions will be a storm event of 3-day duration and 25 year return frequency, with flooding duration of less than 6 hours, with less than 2 inches of flooding at the crown of the road. DANI-017 — First Amendment Page 2 of 8 The Municipality is seeking drainage solutions (ie. Replacement of two pump stations, drainage wells, exfiltration trenches, stormwater infrastructure, etc.) to reduce flooding, including duration and severity, reduce neighborhood impacts and mitigate project costs. PHASE III — Construction Phase I Construction of stormwater improvements, excluding utility adjustments in accordance with the Signed and Sealed Plans and Specifications for this Project dated April 14 2023 incorporated by reference. Section 2 of Exhibit A of the Agreement is amended as follows: 2. Deliverables: Municipality shall provide quantifiable, measurable, and verifiable units of Deliverables as set forth below. Each Deliverable must specify the required minimum level of work to be performed and the criteria for evaluating successful completion of the Deliverable. Deliverables 3(a)-3(d) are more expressly delineated in First Amendment's Attachment 2 to Exhibit A to the Agreement DELIVERABLES: No. Description Duration/Deadline Acceptance Criteria Phase 1- Planning and Preliminary Design (Completed) 45 days after Design Project Manager 1 Basis of Design Report Notice to Proceed Acceptance of Basis of Design Report 60 days after acceptance Project Manager 2 30% Design Submittal of Basis of Design Report acceptance of 30% design Phase II — Design 40 days after comments Project Manager 3 60% Design Submittal to the 30% Design acceptance of 60% Submittal design 4 Permitting 120 days after approval Permits of Deliverable 3 30 days after comments Project Manager 5 90% Design Submittal to 60% Design Submittal acceptance of 90% design 134 days after approval Project Manager 6 100% Design Submittal of Deliverable 3 acceptance of 100% design -7 Wylie I SHnatien� T1..... �..L..., t the D...:..,w {�UratIBR vvcrnmrcvc�vmvr ..�;� and 8 Sidding SUPPOFt Subject to Cliei#�QwneF L.te FRal PF ..t PFSeess DANI-017 — First Amendment Page 3 of 8 No. Description Duration/Deadline Acceptance Criteria Phase 1- Planning and Preliminary Design (Completed) 45 days after Design Project Manager 1 Basis of Design Report Notice to Proceed Acceptance of Basis of Design Report No. Description Duration/Deadline Acceptance Criteria Phase III — Construction Phase I 1 — City's Execution of First July 1.2023 ILA Amendment executed by Municipality Amendment to ILA between the County and CY 2 Project Construction Advertisina Bid, Award, Construction Contract execution October 31, 2023 Approved Solicitation: Fully Executed Construction Agreement 3 Notice to Proceed ("NTP") November 7, 2023 NTP Issued by Municipality and Commencement 3a Roadway and Drainage Phase March 30, 2024 Proof of Expenditure by Municipality 3A 3b Roadway and Drainage Phase August 15, 2024 Proof of Expenditure by Municipality 1B 3c Pump Station and Treatment April 30, 2025 Proof of Expenditure by Municipality Unit Phase 1C 3d Force Maintenance and Iniection Wells Phase 1D October 15, 2025 Proof of Expenditure by Municipality 4 Substantial Completion October 15, 2025 Includes punchlist items. final inspections, and non -substantial work items 5 Final Completion November 30, 2025 Project Certified/Final Payment Issued 5. Section 3 of Exhibit A of the Agreement is amended as follows: DANI-017 — First Amendment Page 4 of 8 11 Phase —Planning and Preliminary Design and Design (Completed) Estimated Completion Execution of ILA between County and Town: May 1, 2021, Consultant Agreement Execution: May 1, 2021-May 31, 2021 Notice to Proceed Issued: May 1, 2021— May 31, 2021 Planning, Preliminary Design, and Design June 2021- March 1, 2022 Design Completion: March 31, 2022 Phase — Construction Phase I County's execution of First Amendment to ILA July 8, 2023 Bid Advertisement July 8, 2023 Bid Award and Construction Contract Execution October 31, 2023 Notice to Proceed November 7, 2023 Substantial Completion October 25, 2025 Final Project Completion November 30, 2025 The second half of Exhibit B of the Agreement is amended as follows: Municipality shall invoice County the Maximum Not -To -Exceed Amount stated below which funds shall be used only for the applicable Deliverable or Phase. Upon completion of the applicable deliverable or phase, Municipality shall submit documentation to County demonstrating the actual expenditures and the total amount of funds received for that deliverable and not yet expended, which amounts shall be credited toward the subsequent deliverable payment or refunded to County, as requested by the Contract Administrator. Absent prior written approval by the Contract Administrator, Municipality may not invoice County for funding for a subsequent Deliverable or Phase until all prior Deliverables or Phases have been satisfactorily completed. Municipality may not invoice for a Deliverable or Phase for which a not -to -exceed amount has not been specified in the applicable Funding Schedule. Deliverable/Phase Description Maximum Not -to - Exceed Amount Phase I — Planning and Preliminary Design Deliverable 1: Basis of Design Report $73,187.82 Deliverable 2: Investigations and 30% Design $201,041.55 Phase II - Design Deliverable 3: 60% Detailed Design $101,208.34 Deliverable 4: Permitting $79,545.15 Deliverable 5: 90%Design Submittal $71,012.18 Deliverable 6: 100% Design Drawings (IFC) $51,857.31 DeloveFable ;4 Public Involvement $36,780 27 10,468.13 DANI-017 — First Amendment Page 5 of 8 Total Phase I and Phase II t6'1^"." $577,852.35 Phase III — Construction Phase 1 r1..6.,..-able oi Bidding c....peA $20 o,166.6+ Phase 111(a) — Roadway and Drainage Phase 1A $1,658,536.91 Phase III(b) - Roadway and Drainage Phase 1B $1,658,536.91 Phase 111(c) - Pump Station and Treatment Unit Phase 1C $1,658,536.91 Phase 111(d) - Force Maintenance and Infection Wells Phase 1D $1,658,536.91 Total Phase III — Construction Phase I $6,634,147.65 GRAND TOTAL $7,212,000.00 7. In the event of any conflict or ambiguity between this First Amendment and the Agreement, the Parties agree that this First Amendment shall control. The Agreement, as amended herein by this First Amendment, 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 hereof that are not contained in the Agreement as amended in this First Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 8. Preparation of this First Amendment has been a joint effort of the Parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 9. The Parties agree and acknowledge that through the effective date of this First Amendment, Municipality has no claims against County with respect to any of the matters covered by the Agreement, and Municipality has no right of set-off or counterclaims against any of the amounts payable under the Agreement. 10. The effective date of this First Amendment shall be the date of complete execution bythe Parties. 11. This First Amendment may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) DANI-017 — First Amendment Page 6 of 8 IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Board action on the 25th day of August, 2020, Agenda Item No. 86, and CITY OF DANIA BEACH, signing by and through its Authorized Signer, duly authorized to execute same. BROWARD COUNTY BROWARD COUNTY, by and through its County Administrator Monica Cepero day of 2023 Approved as to form by Andrew J. Meyers Broward County Attorney 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Gavin Rynard (Date) Assistant County Attorney Angela J. Wallace (Date) Transportation Surtax General Counsel AJ W/gpr DANI-017 — First Amendment 05/19/2023 #23-114.01 DANI-017— First Amendment Page 7 of 8 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: STORMWATER IMPROVEMENTS — DRAINAGE/RESILIENCY (DANI-017) ATTEST: ELORA RIERA, CITY CLERK CITY OF DANIA BEACH By: CITY MANAGER ANA M. GARCIA Print Name day of 20_ I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: EVE A. BOUTSIS, City Attorney DANI-017 — First Amendment Page 8 of 8 w { i1 Wt!ll j r•,�, `{{9 m ■ IY 3AV L35 3Atl Z3514 �rY I �■ � .i 1 ■ � n i. 1 F � � a 7l�R``�� 2 i � T ' r 3Atl E35 ' 3AtlE 35 � -{ a Z rT, ;ilk It s �. t I m ijot D c) Z m D •iia aSr__. �.g' a 31ktl 935 O Tl 3Atl 935,;■ '�•; X D it. a in l�� ti. ? y w 7 m 'I• ` m A '9LILV.. Nh- ,�, 3Atl 535 ro I 3Atl 535 mz en .w �n = a3 aEia • .� Qa