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HomeMy WebLinkAboutVenetian Causeway Agreement . . . ;t)tJS' -;;I' 6~ OJ ~ INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY FOR VENETIAN CAUSEWAY STREETSCAPE IMPROVEMENTS This Agreement is entered into by Miami-Dade County, a political subdivision of the State of Florida ("County") and the City of Miami ~e~ch, a Municipal Corporation of the State of Florida ("City"), this I ?YJ day of (JJ ~ ' 2005 ("Agreement"). RECITALS WHEREAS, the County, through its Public Works Department ("Department"), and the City desire to enter into an Interlocal Agreement to manage for the planning, design, and construction administration of capital improvements to the Venetian Causeway (the Project) consistent with the Venetian Causeway Master Plan adopted by . the City of Miami and the City of Miami Beach and developed by Urban Resource Group; and WHEREAS, the County acknowledges that the Venetian Causeway is a County Right-of-Way and that General Obligation Bond funds provided by the City for Causeway improvements are exclusively limited by funding source to use for enhancements to needed County improvements; and WHEREAS, the City of Miami Beach set aside $1,827,000 in its 1999 General Obligation Bond for enhancements to the Venetian Causeway; and WHEREAS, the Miami-Dade County Board of County Commissioners and the Miami Beach City Commission find that it is in the best interest of the County and the City to enter into an Interlocal Agreement to manage the planning, design, and construction administration of capital improvements to the Venetian Causeway. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants promises, terms and conditions contained herein, and for other good and valuable considerations each party to the other given, receipt and sufficiency of which is hereby acknowledged, it is mutually covenanted, promised, and agreed between the County and City as follows: Section 1. Recitals The above recitals are true and correct and incorporated herein by reference. Section 2. Scope of Services 2.1 The Venetian Causeway Master Plan ("Master Plan"), dated , and as adopted by the City of Miami pursuant to City Resolution No. , and the City of Miami Beach pursuant to City Resolution No.bI.r. J.M)~, and prepared by Urban Resource Group shall serve as the conceptual basis for the proposed planning and design of the capital improvements contemplated herein. Generally speaking, the Project initially contemplated stormwater improvements; undergrounding of utilities; (electric, cable TV, telephone); upgrades and/or replacement of water and sewer infrastructure; upgrades and/or replacement of street lighting; landscape and street tree improvements; milling and resurfacing of asphalt; and various other streetscape improvements. The parties acknowledge that currently identified Project funding is insufficient to implement the Master Plan and that the actual improvements to be built will be identified and mutually agreed to by the City and the County through a prioritization process. It is currently agreed that undergrounding of utilities, (electric, cable TV, telephone); upgrades and/or replacement of water and sewer infrastructure will not be included in the scope of work to be covered by this Agreement. The County will select an architectural and/or engineering firm (Consultant) in accordance with its Consultant Selection process. Said firm shall be licensed in the State of Florida to perform said work and shall have the requisite qualifications and experience to perform the work that is the subject of this Agreement. The scope of work for the Consultant shall include Planning Services, Design Services, Bid and Award Services, and Construction Services as generally explained in Section 2.2 below. The City will have one (1) voting member on the Miami-Dade County's Consultant Selection Committee. Nothing in this agreement shall obligate the County to enter into a contract with any firm, the parties expressly recognizing and agreeing that whether to enter into any contract and the terms of any such contract, including overall price and hourly rates, shall be subject to the discretion of Miami-Dade County to be exercised in accordance with the provision of Section 287.055 of the Florida Statutes. 2.2 "Planning Services" shall consist of any and all pre-design work including land surveying, soil testing, and aerial photography that is necessary to identify, evaluate, prioritize, and gain community support for Project improvements at a conceptual level. The Planning Services will include community meeting(s) to identify residents' improvement priorities and to gain community support for the improvements selected for implementation. The final product of the Planning Services deliverable shall be a written document (Concept Plan) that clearly delineates the improvements that will be designed and converted into Construction Documents and specifications during the Design Services portion of the Scope of Work. This document shall also identify improvements that are not feasible with current funding but should be considered in the future if additional project funding becomes available. This final deliverable shall include Budget Level Estimates prepared solely by the Consultant that match Project funding are in accordance with the +30%, -15% range as defined by the American Association of Cost Engineers. The City Commission of the City of Miami Beach and the Public Works Department of Miami-Dade County must both review and approve the final deliverable Concept Plan and authorize the Consultant to proceed into the Design Phase. Design Services shall not commence until both the City and the County have approved the Concept Plan. In the case that the County and the City cannot agree on the terms of the Concept Plan, the County's Public Works Director, or his representative, shall have final authority in approving the Concept Plan. In this event, the parties agree that the funding provided by the City shall be used only for above ground improvements. The City shall be involved jointly with the County as it pertains to the development and design of Project improvements during the Design Phase and will be consulted with on major decisions regarding Project improvements. "Design Services" shall consist of any and all work related to the production of construction documents and specifications necessary for the County to publicly bid the Project and to implement the Concept Plan approved pursuant to Paragraph 2 of this subsection 2.2 at the end of the Planning Services stage. The Design Phase shall include production of 100% Construction Documents and permitting through all applicable regulatory agencies. The final deliverable for the Design Phase shall be a complete and permitable set of Construction Documents and Specifications. The City shall be given an opportunity to review documents throughout all stages of the work contemplated during this Phase. "Bid and Award Services" shall generally consist of any and all services necessary to support the County's formal Procurement Process in making a selection for a licensed General Contractor to perform the work. This includes responding to bidder questions in writing, drafting bid addendums, and evaluating any proposed bidders that are deemed by the County as the lowest responsive and responsible bidder for the appropriate qualifications to perform the work. "Construction Services" are generally any and all Consultant services necessary for supporting the construction of the job. This includes site visits, attendance at construction meetings, responding to or creating Requests-for-Information, Requests for Proposals, evaluation of shop drawings and submittals, and minor claims assistance. The City shall be allowed final review and approval of the deliverables for the Design Phase provided that, in the event that the County and the City cannot agree on the final deliverable, the County's Public Works Director, or his representative, shall have final authority in approving the final deliverable for the DesignPhase. In this event, the parties agree that- the funding provided by the City shall be used only for above ground improvements. 2.3 The City's financial contribution to the County for the Consultant's services is currently estimated to be a maximum of $180,000 for all phases of the Consultant's work identified herein, provided that the City does not request any additional work beyond that agreed upon through this Interlocal Agreement. The County and the City both recognize that the exact cost of the Services covered under this Interlocal Agreement are not known at this time. The County will not proceed to approve or award a professional service agreement with a Consultant until the complete amount of funds for the Consultant's services as described in this Section are available. Additionally, the parties recognize that amendments increasing the City's financial contribution will be required only if the City requests additional work beyond what is initially agreed to in the professional service agreement with the Consultant. Provided that there is no increase in the amount of County funds required, and that the City's financial contribution is not increased by more than $25,000, such amendments may be executed by the City and County Managers without the need for approval by the City and County Commissions. Any amendment which increases the City's financial contribution by an amount exceeding $25,000, shall require the approval of the City of Miami Beach Commission. The City shall make payments to the County on a re-imbursement basis for its portion of the Consultant's services. Said reimbursements shall be due to County within 30 days of City's receipt of a proper invoice. Invoices shall be presented no more frequently than every 30 days. Reimbursement by the City to the County for the services provided under this Agreement will be made on the basis of 40% of the submitted Consultant invoices, up to the $180,000 maximum amount, or as amended. Said percentage is based upon the portion of the road within the City of Miami Beach's jurisdiction. The portion of funding from the City for the provision of the Consultant's services shall only be applied toward capital improvements - defined as sidewalk, curb and gutter, lighting, landscaping, and traffic control device improvements, asphalt bike lane, pavement marking, land surveying, soil investigation, traffic studies, aerial photography, and gateway treatments - that are located within the portion of the Venetian Causeway ROW that is within the City limits. Section 3. Notices 3.1 All notices hereunder must be in writing and shall be deemed validly given if sent by U.S. certified mail, return receipt requested, hand delivered or overnight delivery addresses as follows: County: Miami-Dade County Manager 111 N.W. First Street, Suite 2910 Miami, Florida 33128 Copied to: County Attorney, Miami-Dade County 111 N.W. First Street, Suite 2810 Miami, Florida 33128 Director, Miami-Dade Public Works Public Works Department 111 N.W. First Street, Suite 1610 Miami, Florida 33128 City: City Manager, City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Copied to: City Attorney, City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Capital Improvement Projects Director, City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 3.2 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. 3.3 Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. Section 4. Entire AQreement 4.1 The City and the County agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Notwithstanding any provision herein, this agreement in no way obviates or nullifies the obligations of the City under the City Charter or of the County under the County Charter. - 42 Title and Paragraph headih~;rs--are foTconvenienT referenceahd -a-Fe not intended to confer any rights or obligations upon the parties to this Agreement. Section 5. Amendments 5.1 This Agreement may be modified only in a written instrument signed and sealed by the City Manager of Miami Beach or the Miami Beach City Commission, as the case may be, and the County Manager of Miami-Dade County and as provided for in Section 4 above. Section 6. Indemnification 6.1 To the extent permitted by Section 768.28, Florida Statutes, the parties agree to indemnify each other for liability due to any act or omission, neglect or wrongdoing of a party or any of its officers, agents, or employees. Further the parties agree to defend each other against any and all such claims or demands which may be claimed and have arisen as a result of or in connection with the parties' participation in the Agreement. Nothing contained herein shall be construed to contradict the provIsions of Section 768.28, Florida Statutes. Nor shall this Article be construed to require either party to indemnify the other for the negligent acts of the other. Section 7. Effective Date and Term 7.1 This Agreement shall become effective upon the signatures of the City and the County, and shall remain in full force and effect until such time when construction of the Project is completed and closed-out, and the County's A&E Consultant's accounts as well as those of the County Public Works Department and the County's Agent (if applicable) are closed. Section 8. Severability 8.1 If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. Section 9. Assjqnment 9.1 Neither this Agreement nor any term nor provision hereof of right hereunder shall be assignable by any parties and any attempt to make such assigt1ment shall be void. Section 10. Counterparts 10.1 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. Section 11. Governinq Law/Litiqation 11.1 This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceedings arising in any matter pertaining to this Agreement shall, to the extent permitted by law, be held in circuit court in Miami-Dade County, Florida. 11.2 In the event that any party to this Agreement should seek legal or administrative recourse to enforce the terms of this Agreement, the breaching party shall be obligated to pay the prevailing party the reasonable attorney's fees and costs r . , incurred by the prevailing party. 11.3 This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court. Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on their behalf as of the date first above written. ATTEST: ATTEST: By: ~( PMk Robert Parcher City Clerk MIAMI-DADE COUNTY a political subdivision of the State of Florida By its Board of Count~ Commissioners. P.E. David Dermer Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ fO"/ /.. eX Date MIAMI.' tmmm IiiII' ADA Coordination Agenda Coordination Art in Public Places Audit and Management Services Public Works Department 111 NW 1st Street. Su ite 1510 Miami, Florida 33128-1970 T 305-375-2094 F 305-679-7738 April 18, 2006 miamidade.gov Aviation Building Code Compliance Mr. Jorge Chartrand Building Director, Capital Improvements Office Business Development City of Miami Beach Capitallmprovements 777 1 ih Street, Suite 201 Citizen's Independent Transportation Trust Miami Beach, FL 33139 Communications Community Action Agency Community & Economic Development Community Relations Consumer Services Corrections & Rehabilitation Countywide Healthcare Planning Cultural Affairs Elections Re: Interlocal Agreement with the City of Miami Beach Design of Streetscape Improvements Along the Venetian Causeway Dear Mr. Chartrand: Transmitted herewith is one (1) fully executed original copy of the Interlocal Agreement between Miami-Dade County and the City of Miami Beach, to partially fund the planning and design of streetscape improvements along the Venetian Causeway. Emergency Management Employee Relations Enterprise Technology Services Environmental Resources Management Should you have any questions, please do not hesitate to call Mr. Gaspar Fair Employment Practices Miranda, P.E., Chief, Highway Division, at (305) 375-2094. Finance Fire Rescue Sincerely, General Services Administration Housing Agency Esther L. Calas, P. E. Housing Finance Authority Director Human Services Historic Preservation Homeless Trust ~.. ,,' cc: Henry Sori, Assistant Director, Services Gaspar Miranda, P.E., Chief, Highway Division Robert Parcher, City Clerk, City of Miami Beach \T~, Independent Review Panel Attachment International Trade Consortium Juveni Ie Assessment Center Medical Examiner Metropolitan Planning Organization Park and Recreation Planning and Zoning Police Procurement Management Property Appraiser Public Library S)"tem Public Works Safe Neighborhood Parks Seaport Solid Waste Management Strategic Business Management Team Metro Urban Revitalization Task Force Vizcaya Museum and Gardens Water and Sewer ;'-..:1 C:;) V", '.0 CJ F p." c.::> :J': ::c -I Transit C:\Documents and Settings\stei\My Documents\AGREEMENTS\VENETlAN STREETSCAPE\DESIGN\MIAMI BEACH\ELC-J CHARTRAND TRANSMITTAL OF FULLY EXECUTED AGREEMENT FOR VENETIAN CAUSEWAY STREETS CAPE MIAMI BEACH DESIGN.doc