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HomeMy WebLinkAboutR2025-51 Interlocal Agreement with Seacoast Utility AuthorityRESOLUTION 2025-51 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH SEACOAST UTILITY AUTHORITY FOR JOINT PARTICIPATION AND PROJECT FUNDING FOR THE MARINA DRIVE INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff recommended executing an Interlocal Agreement with Seacoast Utility Authority ("SUA") for joint participation and project funding for the Marina Drive infrastructure improvement project; and WHEREAS, SUA will oversee and manage the construction project, with SUA paying the costs for replacing aging water and force mains along Marina Drive and the Village reimbursing SUA for the costs of milling and resurfacing the roadway, drainage infrastructure, construction of a new sidewalk, pavement striping, and roadway signage; and WHEREAS, the Village Council determines that the execution of an Interlocal Agreement with SUA to facilitate the roadway and drainage improvement to Marina Drive is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council hereby approves an Interlocal Agreement with Seacoast Utility Authority for Joint Participation and Project Funding for the Marina Drive Infrastructure Improvements Project, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Interlocal Agreement on behalf of the Village. The total cost of the Village's portion of the improvements, including contingency, shall not exceed $266,859.61, with funds expended from Infrastructure Surtax Account No. I7321-66210 (Public Works — Construction and Major Renovation). Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 9TH DAY OF OCTOBER, 2025. INTERLOCAL AGREEMENT BETWEEN SEACOAST UTILITY AUTHORITY AND THE VILLAGE OF NORTH PALM BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING FOR MARINA DRIVE INFRASTRUCTURE IMPROVEMENTS (I22528) THIS INTERLOCAL AGREEMENT (hereinafter "Agreement") is made as of then- day of f LVbV)P,( , 2025, by and between Seacoast Utility Authority, a government regional utility, 4200 Hood Road, Palm Beach Gardens, Florida 33410 (hereinafter "AUTHORITY"), each one constituting a public agency defined in Part I of Chapter 163, Florida Statues and Village of North Palm Beach, a municipal corporation organized and existing under the laws of the State of Florida, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "VILLAGE"). WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969", authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, thereby providing services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities, and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Village of North Palm Beach proposes certain roadway and drainage improvements along Marina Drive, extending northward from Yacht Club Drive to the north end of the North Palm Beach Marina. Within and neat that project area, Seacoast owns 1,800 feet of 4, 6, and 8-inch cement composite water main and 445 ft. of 4-inch sewer force main along Marina Drive that must be replaced within the next few 3 ears ("Project"); and WHEREAS, the AUTHORITY and the Village desire to jointly participate in the Marina Drive Infrastructure Improvements, and related improvements within Project atea; and WHEREAS, both the AUTHORITY and the VILLAGE declare that it is in the public interest to complete the above -described Project; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: SEACOAST UTILITY AUTHORITY INTERLOCAL AGREEMENT Section 1. Recitals. The above recitals are true and correct and are incorporated herein. Section 2. Proiect and Work to be completed by the AUTHORITY: The AUTHORITY shall provide oversight and administrative services for the Project that include both the VILLAGE's and the AUTHORITY's portions of the work to be performed. The total cost of the Project is $954,880.00. Section 3. Responsibilities and Duties: A. The VILLAGE shall reimburse AUTHORITY for the VILLAGE's portion of the Project, estimated to be $221,859.61. The schedule of values with the AUTHORITY'S and VILLAGE'S portions of the cost is attached as Exhibit A. B. Costs shall be based upon actual costs incurred by the AUTHORITY, as set forth in written documentation of the Project work performed by DEEVAN INC. The AUTHORITY shall allocate the percentage of costs and unit costs attributable to the VILLAGE and shall provide the VILLAGE with proof of same. C. The AUTHORITY shall obtain written approval from the VILLAGE in advance of any revisions to the Project, including any costs associated with the VILLAGE'S failure to approve revisions in a timely manner, which increase the cost attributable to the AUTHORITY's portion of the Project. D. The AUTHORITY shall secure all necessary easements and permits required to perform the Project, and the AUTHORITY shall administer and inspect all work performed on the Project. The VILLAGE will provide inspection of its portion of the project and advise the AUTHORITY of results of its inspections. E. The Project scope includes restoration that will be administered and inspected by the AUTHORITY. Section 4. Payments/Invoicing and Reimbursement: A. The AUTHORITY shall invoice the VILLAGE on a periodic basis during construction of the Project. The VILLAGE agrees to reimburse the AUTHORITY for all documented costs of the VILLAGE'S portion of the Project in the amount established in Section 3.A. Upon the AUTHORITY'S submission of acceptable documents needed to substantiate its costs for the Project, the VILLAGE shall provide said funds to the AUTHORITY on a reimbursement basis within thirty (30) days of receipt of all required documents. The AUTHORITY shall submit all invoices to the VILLAGE, identifying the Work, including the AUTHORITY'S total expenditure 2 SEACOAST UTILITY AUTHORITY INTERLOCAL AGREEMENT for the Project, and identifying the amount attributable to the VILLAGE'S portion of the Work. The AUTHORITY shall supply any further documentation, such as copies of paid receipts, canceled checks, invoices, and other documents deemed reasonably necessary by the VILLAGE, within seven (7) calendar days of request by the VILLAGE. Invoices and documentation received from the AUTHORITY shall be reviewed and approved by the VILLAGE only to the extent necessary to document that the AUTHORITY's expenditures have been made in conformity with the Agreement. Invoices shall be paid within thirty (30) days following approval. In no event shall the VILLAGE provide advance funding to the AUTHORITY, unless otherwise as mutually agreed upon. B. The Project will be administered by the AUTHORITY. Only those costs incurred by the AUTHORITY relating to the VILLAGE'S portion of the Work are eligible for reimbursement by the VILLAGE pursuant to the terms and conditions hereof. In the event the AUTHORITY ceases or suspends the Project or the Work for any reason, the VILLAGE shall reimburse the AUTHORITY for the Work completed as of the date the AUTHORITY uses to suspend the Work. Any remaining unpaid portion of this Agreement shall be retained by the VILLAGE, and the VILLAGE shall have no further obligation to honor reimbursement requests submitted by the AUTHORITY. Section 5. Repayment: The AUTHORITY shall repay the VILLAGE for all unauthorized, illegal, or unlawful expenditures of revenues, including those it may discover after the termination of this Agreement. Section 6. Access and Audits: The AUTHORITY and the VILLAGE shall maintain books, records, and documents to justify all charges, expenses and costs incurred under this Agreement for the Project, in accordance with Generally Accepted Accounting Principles (GAAP), as promulgated by the Government Finance Officers Association from time to time. The AUTHORITY and the VILLAGE shall have access to all books, records, and documents as required in this Agreement, and for at least three (3) years after completion of the Project. In the event any work is subcontracted by the AUTHORITY, the AUTHORITY shall similarly require each Contractor and/or subcontractor to maintain and allow access to such records for audit purposes. Section 7. Indenendent Contractor: A. The VILLAGE and the AUTHORITY are and shall be, in the performance of all work, service, and activities for the Project pursuant to the Agreement, independent contractors and not employees, agents, or servants of the other party. All AUTHORITY employees engaged in the work or services performed as part of the Project pursuant to this Agreement shall at all times, and in all places be subject to the AUTHORITY'S sole direction, supervision, and control. All VILLAGE employees engaged in the work or services performed for the Project pursuant to this 3 SEACOAST UTILITI AUTIIORITY INTERLOCAL AGREEMENT Agreement shall at all times, and in all places, be subject to the VILLAGE'S sole direction, supervision, and control. The Parties shall exercise control over the means and manner in which it and its employees perform the work. B. The AUTHORITY does not have the power or authority to bind the VILLAGE in any promise, agreement, or representation, except as specifically authorized in this Agreement. Section 8. Personnel: A. AUTHORITY represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work and complete the Project. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All work and services required herein under as part of the Project shall be performed by DEEVAN INC. or the AUTHORITY, and personnel engaged in performing the services shall be fully qualified and, if required, authorized, or permitted under state and local law to perform such services. C. All of the AUTHORITY'S personnel, contractors, and all subcontractors while on the premise shall conduct themselves in an acceptable manner and follow acceptable safety and security procedures. Section 9. Indemnification: A. The AUTHORITY and the VILLAGE recognize they could incur liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limits provided in Section 768.28, Florida Statues. To the extent permitted by law, the AUTHORITY and VILLAGE shall indemnify, defend, and hold the other harmless against any actions, claims and damages arising out of its own negligence in connection with the Work and the Project and the use of the funds provided under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statues, nor shall the same be construed to constitute an Agreement by the AUTHORITY or the VILLAGE to indemnify each other for sole negligence, or willful or intentional acts of the other. The foregoing indemnification shall survive termination of the Agreement. B. No provision of the Agreement is intended to, or shall be construed to, create any third - party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the VILLAGE and/or AUTHORITY. 4 SEACOAST UTILITY AUTHORITY INTERLOCAL AGREEMENT Section 10. Annual Aouronriation: All provisions of this Agreement calling for the expenditure of ad valorem tax money by either the Village or the AUTHORITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to the Agreement, this Agreement may be terminated. Section 11. Breach and Onnortunitv to Cure: The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, each party shall have thirty (30) days' written notice before exercising any of its rights. Section 12. Enforcement Costs: Any cost or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective patties. Section 13. Notice: All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: All notices to the AUTHORITY shall be sent to: Rim Bishop, Executive Director Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, FL 33410 All notices to the VILLAGE shall be sent to: Chuck Huff, Village Manager Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 Section 14. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 5 SEACOAST UTILITY AUTHORITY INTERLOCAL AGREEMENT Section 15. Remedies: This Agreement shall be governed by and in accordance with the laws of the State of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. Section 16. No Waiver: Any waiver by either Party of its right with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. The failure of either Party to enforce strict performance by the other Party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provisions or rights in that or any other instance. Section 17. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 18. Non -Discrimination: The AUTHORITY and the VILLAGE agree that both parties shall not conduct business with nor appropriate any funds for any organization or entity that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information. The VILLAGE will ensure that all contracts let for the Project pursuant to the terms of this Agreement will contain a similar non-discrimination clause. Section 19. Execution: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 20. Filina: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 6 SEACOAST UTILITY AUTHORITY INTERLOCAL AGREEMENT Section 21. Termination: This Agreement may be terminated by either party to this Agreement upon sixty (60) days' written notice to the other party, except as otherwise addressed in this Agreement. However, once the Project has commenced, it shall be pursued to completion and this Agreement shall be binding upon the parties and neither party shall have the right to terminate the subject Agreement. Section 22. Compliance with Codes and Laws: The VILLAGE and the AUTHORITY shall abide by all applicable federal, state, and local laws, orders, rules, and regulations when performing under this Agreement. The VILLAGE and the AUTHORITY further agree to include this provision in all subcontracts issued as a result of this Agreement. Section 23. Office of the Inspector General: Palm Beach County has established the Office of the Inspector General, in Palm Beach County Code Section 2-421-2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past present and proposed VILLAGE contracts, transactions, accounts, and records, to require the production of records, and audit, investigate, monitor, and inspect the activities of the contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. All contractors and parties doing business with the VILLAGE and receiving VILLAGE funds shall frilly cooperate with the Inspector General, including receiving access to records relating to Bid or any resulting contract. Section 24. Public Entity Crime Certification: As provided in F.S. 287.132-133, as may be amended from time to time, by entering into this Agreement or performing any work in furtherance hereof, AUTHORITY shall have its contractors certify that their affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S.287.133 (3) (a). Section 25. Severabilitv: If any section, paragraph, sentence, clause or provision of this Agreement is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Agreement. 7 SEACOAST UTILITY AUTHORITY INTERLOCAL AGREEMENT Section 26. Entirety of Agreement: The VILLAGE and the AUTHORITY agree that this Agreement sets forth the entire Agreement between the parties, and there are not promises or understandings other than those stated herein. Section 27. Survival: The obligations, rights, and remedies of the Parties hereunder, which by their nature survive the termination of this Agreement or the completion of the Project, shall survive such termination or Project completion and inure to the benefit of the Parties. IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above. SEACOAST UTILITY AUTHORITY B Karen Mare us, Vice ChtuY ATTEST: iLnisaii, L ILISCIIVl lly lino/ •• :011.2 OFFlCi ATTEST: SEAL ,r' • JESSICA MOORE, ,� '•.,•, ••; '�.�.� JESSICA GREEN, AUTHORITY CLERK '� 1I '''•••••--••�''O ioomisitiitO B :// /v/f/24Z BY: VILLAGE OF NORTH PALM BEACH (Date) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY.4 Nathan Nason, Authority Attorney 8 BY: / Deborah S VILLAGE CLERK Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Leonard G. Rubin, Village Attorney EXHIBIT A Calculations of Cost Share for AUTHORITY and VILLAGE Total Project Value: $954,880.00 Work Specific to the Village (Group 3 Items): $189,425.00 Items Shared by AUTHORITY and VILLAGE: $139,598.00 Group 2 Items: $80,270.00 Mob/Demob/GC: $59,328.00 Work Specific to the AUTHORITY: Percentage Split of Shared Work Items By Cost: V% = V$/(A$+V$) VILLAGE Portion of the Shared Items: Group 2 Items: $18,650.17 Mob/Demob/GC: $13,784.44 $625,857.00 23.23% $ 32,434.61 Total Cost for the VILLAGE: $221,859.61 Total Cost to the AUTHORITY: $733,020.39 EXHIBIT A This will be a modified Schedule of Values to reflect co,nplete bid for the purpose of payment. Item No. Description QTY Unit Installation Unit Price Total Group 1 - Seacoast Utility Authority Bid items Potable Water Main, Reclaimed Water Main, Raw Water Main W-1 W-2 W-11 6" Cement Lined Ductile Iron Potable/Reclaimed/Raw Water Main Push -On 8" Cement Lined Ductile Iron Potable/Reclaimed/Raw Water Main Push -On Cement Lined Ductile Iron Fittings for Potable/Reclaimed/Raw Water Mains WV-13 8" Push -On Ductile Iron Joint Restraint 10 W-24 1" Single Water Service (Long, 15 FT-25 FT) W-27 Fire Hydrant Assembly 1 W-29 Sample Point 3 W-30 Filling and Flushing Connection 3 Connect to Existing Water Main/Reclaimed WV-35 Main/Raw Water Main (2" to 6" Diameter 1 Existing Pipe) Connect to Existing Water Main/Reclaimed W-36 Main/Raw Water Main (8" to 12" Diameter 2 Existing Pipe) 770 LF 1 S 125.00 560 LF 1 S 150.00 0.38 TONS I $30,000.00 EA 1 S280.00 EA $4,500.00 EA $9,900.00 EA 1 $ 1,250.00 EA 1 $7,500.00 EA EA S6,000.00 S7.500.00 S96,250.00 $84,000.00 $11,400.00 $2,800.00 $ 13,500.00 $9,900.00 $3,750.00 S22,500.00 S6,000.00 S 15.000.00 Sanitary Sewer Force Main S-1 S-2 S-12 S-14 S-26 4" PVC C-900 DR-14 Wastewater Force Main 6" PVC C-900 DR-14 Wastewater Force Main Epoxy Lined Ductile Iron Fittings for Wastewater Force Main 6" Push -On Harness Joint Restraint Connect to Existing Force Main (4" to 6" Diameter Existing Pipe) 470 70 0.16 8 3 LF LF TONS EA EA $95.00 $120.00 S55,000.00 $450.00 $5,000.00 $44,650.00 $8,400.00 $8,800.00 $3,600.00 $ 15,000.00 All Systems A-14 A-15 A-16 A-26 A-43 A-44 A-45 4" Gate Valve & Valve Box 6" Gate Valve & Valve Box 8" Gate Valve & Valve Box 4" Side Actuated Plug Valve & Valve Box Grouting/Deactivation of Existing 4" Pipe Grouting/Deactivation of Existing 6" Pipe Grouting/Deactivation of Existing 8" Pipe 1 2 5 3 530 625 655 EA EA EA EA LF LF LF $2,200.00 S2,500.00 $3,500.00 $2,700.00 $12.00 $15.00 $20.00 $2,200.00 $5,000.00 $17,500.00 $8,100.00 $6,360.00 $9,375.00 $13,100.00 Restoration R-4 IFurnish and Place Asphalt Concrete Trench 1.970 SY Restoration Group 1 - Subtotal $100.00 $197,000.00 S604,185.00 Group 2 — Shared Bid items (Seacoast and Village of North Palm Beach) A-55 A-56 A-57 A-6l A-64 Construction Survey Preconstruction Video Taping Record Drawings Maintenance of Traffic Residential Roadway \Vellpoint System 1,400 1,400 1,400 1,290 1,200 LF LF LF LF LF Group 2 - Subtotal $ 10.00 $0.25 $ 14.00 $8.00 $30.00 S 14,000.00 S350.00 $ 19,600.00 $ 10,320.00 $36,000.00 S80,270.00 Group 3 — Village of North Palm Beach Bid items R-5 Mill Asphalt Pavement* R-6 Overlay Asphalt Pavement (1" thick)* R-12 Remove and Replace 4" Concrete Sidewalk 1 Detectable Warning FDOT Index #304 2 I CR-G HC Ramp 3 Type D Curb 4 Pavement Marking 5 Inlets, DT BOT, Type C, <10' 6 18" RCP Drainage 10' Wide Exfiltration Trench 8 Cleanout w/ Riser Connection 9 Drainage Structure Removal 10 Drainage Structure Modification 11 Standard Paving and Grading Tests 7 4,800 4,800 70 7 2 65 1 3 105 20 1 1 1 1 SY SY SY EA EA LF LS EA LF LF EA EA EA LS Group 3 - Subtotal Items Not Included in the PCCP-25 Bid Form Mobilization/Demobilization/General Conditions 6" C-900 PVC DR-18 Sanitary Sewer 14 8" C-900 PVC DR-18 Sanitary Sewer 15 Manhole Corrosion Barrier 16 Core Existing Manhole 12 13 1 LS 54 LF 22 LF 1 EA EA Items Not Included Subtotal S10.00 S15.00 $ 125.00 $800.00 $ 1,200.00 $50.00 $7,500.00 $6,000.00 $85.00 S300.00 $2,500.00 $2,500.00 $1,500.00 $2,500.00 $48,000.00 $72,000.00 S8,750.00 $5,600.00 $2,400.00 $3,250.00 $7,500.00 $ 18,000.00 $8,925.00 $6,000.00 $2,500.00 $2,500.00 $1,500.00 $2,500.00 S189,425.00 $59,328.00 $1.50.00 S300.00 $3,572.00 S3,400.00 $59,328.00 $8,100.00 $6,600.00 S3,572.00 $3,400.00 S81,000.00 Total Job Price I S954,880.00 *Contractor has provided a credit for the bolded unit price through the site specific adjustment that was provided during the bidding process.