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Home My Public Portal About2008-33 Miami-Dade Interlocal Agreement re_ Crandon Boulevard Improvements - Phase IIIRESOLUTION NO. 2008-33 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE CONCERNING THE CONSTRUCTION AND FUNDING OF CRANDON BOULEVARD IMPROVEMENTS — PHASE III; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council adopted Ordinance No. 2006-4 on June 27, 2006 authorizing the construction of Crandon Boulevard Improvements — Phase III (the "Project"), the third and final phase of the Crandon Boulevard Master Plan; and WHEREAS, Miami -Dade County and the Village desire to enter into the attached Interlocal Agreement ("the Agreement") to provide funding for the Project; and WHEREAS, the Village Council finds that the approval of the Agreement is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Authorization. That the Agreement is hereby approved and the Village Manager is hereby authorized to execute the attached Agreement between the Village and the County in substantially the form attached hereto, once approved by the Village Attorney as to form and legal sufficiency. Section 3. Implementation. That the Village Manager is authorized to take all action necessary to implement the purposes of this resolution and the Agreement. Section 4. Effective Date. That this resolution shall be effective immediately upon adoption hereof. CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICI VILLAGE AT v R -4„.,,,,) MAYOR ROBERT L. VERNON CRANDON BOULEVARD MASTER PLAN Phase III INTER -LOCAL AGREEMENT This AGREEMENT, made and entered into this 2 day of u 2006 by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a municipal corporation of the STATE OF FLORIDA, hereinafter referred to as the "VILLAGE", and MIAMI-DADE COUNTY, a political subdivision of the STATE OF FLORIDA, hereinafter referred to as the "County". WITNESSETH WHEREAS, both parties herein wish to facilitate the construction of a road improvement project in MIAMI-DADE COUNTY, hereinafter referred to as the "Project" described as follows: Intersection improvements with tighter corner radii, pedestrian crosswalks; 8' wide sidewalks, bike lanes, longer dedicated turn lanes, traffic calming features, new bus shelters, and improved bus stops with bus pull outs at select locations, shade trees and improved landscaping; and WHEREAS, the County wishes to utilize the resources of the Village to contract, construct inspect and administer the Project, subject to the terms and conditions of this agreement; NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree: 1 Section 1. Design. The Village shall complete at its sole expense, the construction plans, technical specifications, special provisions, pay items and cost estimates for the Project in accordance with standard County and/or Village, as applicable, design criteria, to the satisfaction of the County's Public Works Director or their designee. The Village's design consultant shall be made available to the County at the Village's expense solely to address comment review by the County, shop drawings and perform required post -design services, limited to project design. Section 2. Permits and Approvals. During the course of the design, the Village shall obtain all necessary permits, and utility adjustments; and coordinate the review of construction documents by utilities and permitting agencies. The Village shall make all necessary adjustments as required for approval and/or permitting by those agencies. The Village shall obtain all necessary permits, and utility adjustments for the Project in accordance with applicable State, Federal and Local Laws and ordinances. The Village shall not pay for County permits, other than required Department of Environmental Resources Management (DERM) and/or Building Department permits. Section 3. Right -of -Way. The Village shall acquire at its sole expense, any right-of-way that is required to complete the construction of the Project. Section 4. Public Information. The Village will provide information to property owners, tenants, and area residents, including business signs, directional parking signs, and schedules for major work to be performed in the area. 2 Section 5. Coordination with the Miami -Dade Public School Board. The Village will coordinate construction of the Project with the Miami -Dade Public School Board. Section 6. Construction. The Village shall complete Phase III of the Crandon Boulevard Improvement Project and make timely payments to contractors, subcontractors, material suppliers, and other persons included in the construction of this project. All records of the Village and its contractors pertaining to the Project shall be maintained in Miami -Dade County and, upon reasonable notice shall be made available to representatives of the County In addition; the Office of Inspector General of Miami - Dade County shall have access thereto for any of the purposes provided in Section 2- 1076 of the Miami -Dade County Code. The Village shall comply with the requirements of Florida Statutes related to retainage of funds due a contractor and shall include appropriate language in its construction contracts and shall require the contractor to include such language in its subcontracts. All applicable County Rules, Regulations, Ordinances, Resolutions, Administrative Orders, and the County Charter referenced in this agreement are posted on the County's website: "miamidade.gov". 3 Section 7. County Payments of Project Costs. The County funds provided for the Project under this Agreement are specified as $365,000 annually for a period of 15 years and totaling: Funding Amount $5,475,000 Funding Source Rickenbacker Causeway Toll Revenue County Fiscal Year of Commitment 2007-2021 Section 8. Schedule and Manner of Reimbursements. Subsequent to the effective date of this Agreement, the county shall make a payment of $365,000 to the Village for Fiscal Year 06-07, provided, however, that such payment is conditioned on receipt by the County of a cost accounting for the three phases of the Project and a copy of any certificate of completion received to date. For each subsequent fiscal year through Fiscal Year 20-21, the Village shall submit an invoice in the amount of $365,000 to the County's Public Works Director by November 1 for payment as soon as it is practical. Section 9. Construction Administration and Inspection. The Village shall exercise all responsibilities of the owner under the construction contract, including construction administration and inspections. The Village may delegate this function to an authorized agent or Construction Engineering Inspection consultant. Traffic signal and lighting component of the work will be inspected and approved by the County's inspector. In the case of a disagreement over the interpretation of the plans, the County Public Works Director, or her representative, shall have final authority subsequent to an independent final inspection by the County. The Village shall certify upon completion 4 that the Project has been constructed pursuant to the design plans, specifications and approved change orders. The Village shall certify upon completion that the Project has been constructed pursuant to the design plans, specifications and approved change orders. Section 10. Compliance With Laws. The parties shall comply with applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to the Project. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. Section 11. Audit. The Village agrees to permit the County auditors to inspect the books, records and accounts of the Project for three (3) years after completion of the Project. These records shall be made available to the County for inspection within five (5) working days upon written receipt of a written request from the County. Audits shall be conducted at the County's cost and expense. Section 12. Indemnification. To the extent authorized by Florida law, the Village hereby agrees to indemnify, defend, save and hold harmless the County to the extent of all the limitations included with section §768.28, Florida Statutes, from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of or due to the breach of this Agreement by the Village, its agents or employees. It is /0 5 specifically understood and agreed that this indemnification clause does not cover or indemnify the County for its sole negligence or breach of contract. Section 13. Entire Agreement, Amendments. 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, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms contained herein shall be effective 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 or similar formality as this Agreement and executed by the parties. Section 14. Joint Preparation. The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties from the other. f 6 Section 15. Severance. In the event a portion of this Agreement is found to be invalid by a court of competent jurisdiction, the remaining provisions shall continue to be effective unless the Village or County elect to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. Section 16. Notices. Any and all notices required to be given under this agreement shall be sent by first class mail, addressed as follows: To the County: Attention: Esther L. Calas, P.E. Director, Public Works Department Miami -Dade County 111 N. W. 1st Street, Suite 1640 Miami, Florida 33128 (305) 375-2960 To the Village: Attention: deeetuelifve-MenendeL 6enck) Ici\eSICt5 Manager Village of Key Biscayne 88 W McIntyre Street Key Biscayne, Florida 33149 (305) 365-5511 1777 IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. ATTEST: HARVEY RUVIN ••" RK OF THE BOARD .•. C.0" . :z 9 • O ••. Deputy Clerk 1.011• as to'fori:n and legal sufficiency Q by County Attorney ATTEST: Appro _ �,'i''�►;� " rney as to for T-� AI y: fficiency MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY: C i unty A torney VILLAGE OF KEY BISCAYNE, a municipal corporation of th of Florida Village Attt r 8 Mayor