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HomeMy WebLinkAboutSEOPW-CRA-R-00-0023RESOLUTION NO. SEOPW/CRA R-00-23 A RESOLUTION AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI ("DOSP") FOR THE CONSTRUCTION OF PARKING LOTS FOR THE THIRD AVENUE BUSINESS CORRIDOR PROJECT AND ADDITIONAL PARKING LOTS WITHIN THE REDEVELOPMENT AREA. WHEREAS, the City of Miami approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. 82-755 and 85-1247 (the "Redevelopment Plan"); and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; and WHEREAS, the CRA desires to enter into an interlocal agreement with the DOSP for the construction of parking lots for the Third Avenue Business Corridor Project and additional parking lots within the Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The CRA is hereby authorized to enter into an interlocal agreement with the DOSP for the construction of parking lots for the Third Avenue Business Corridor Project and additional parking lots within the Redevelopment Area, substantially in the form attached hereto as "Exhibit A". SEOPW / CRA Section 3. This resolution shall be effective upon its adoption. PASSED AND ADOPTED on this day of APPROVED AS TO FORM AND CORRECTNESS: Holland & Knight LLP CRA Legal Counsel MIA1 #901908 v3 No. ^ -`'�--- Teele, Jr., Chairman SEOPW/CRA 2 Exhibit "A" (Form of Agreement) SEOPW/CRA rig_ 23 INI'ERLOCAL COOPERATION AGREEMENT THIS AGREEMENT made as of the 61h day of March, 2000, by and between the Department Off Street Parking, a Department of the City of Miami, Florida (the "Department"), in the Southeast Overtown/Park West Community Redevelopment Agency, created as a separate legal entity by the City of Miami (the "CRA"). RECITALS 1. Pursuant to Resolution No. 98-592 adopted June 9, 1998, the City of Miami Commission designated N.W. 3rd Avenue from N.W. 8th Street to N.W. loth Street and N.W. 8th Street from N.W. 3rd Avenue to N.W. 4th Avenue as a "Priority Pilot Project" (the "N.W. 3rd Avenue Business Corridor Project"). 2. The N.W. 3rd Avenue Business Corridor Project is intended to encourage commercial development by providing financial assistance and infrastructure improvements to the area. 3. The CRA desires to utilize property currently owned by the CRA and land being acquired by the CRA within the N.W. 3rd Avenue Business Corridor Project area for development of parking lots to support existing and new commercial developments within the N.W. 3rd Avenue Business Corridor Project area. 4. The CRA desires to obtain the services of the Department to provide bidding, construction and construction management services to the CRA to assist the CRA in constructing various parking lots within the N.W. 3rd Avenue Business Corridor Project. 5. The Department is willing to provide design, bidding, construction and construction management services to the CRA in connection with the design and construction of various parking lots within the N. W. 3rd Avenue Business'. Corridor Project as hereinafter provided. 6. The CRA and the Department desire to enter into this Agreement pursuant to Chapter 163, Part 1, Florida Statutes. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration the receipt and sufficiency which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals to this Agreement are true and correct and hereby incorporated by reference and made a part hereof. SEOPW/CRA �- `3 2. Design. At such time as the CRA is prepared to proceed with the development of a specific parking lot, the CRA will have its architect (the "CRA Architect") prepare plans and specifications for respective parking lot. The plans and specifications shall include without limitation, paving and drainage, landscaping and lighting (the "Plans and Specifications"). The Plans and Specifications will be sufficient to obtain a building permit with respect to the parking lot to be developed. The CRA shall deliver the Plans and Specifications to the Department for its review and comment. The CRA shall then have the CRA Architect revise the plans and specifications in a manner that the CRA deems appropriate to address the comments and recommendations of the Department. 3. Budget. The Department shall review the Plans and Specifications for the proposed parking lot and prepare a proposed budget for the respective parking lot and submit same to the CRA for its review and approval. 4. Bidding and Negotiating Phase. With respect to each parking lot, after the CRA has approved the budget, the Department will review and issue the bid package prepared by the CRA Architect for the respective parking lot which shall include, without limitation, reference to the approved Plans and Specifications and the form of construction contract to be utilized. The bid package and the form of contract will be substantially in the form utilized by the Department for similar projects. The bid package and the form of contract will be submitted to the CRA for its review and approval, which approval shall not be unreasonably withheld. Upon approval of the bid package and form of contract by the CRA, the Department shall undertake competitive bidding, as required by law, for the selection of the contractor to construct the respective parking lot. The Department, in concert with the CRA, shall oversee the bidding and selection of the contractor and for the construction of each parking lot. The bid package will expressly grant the CRA the right to reject all responses. 5. Construction Contract Unless the CRA elects to reject all bids, the CRA will enter into the construction contract with the successful respondent, utilizing the form of contract prepared by the Department and approved by the CRA. The Department shall be responsible for the administration of the contract on behalf of the CRA. Construction administration shall include all activities typically performed by the Department in connection with similar projects, including without limitation, the inspection of the work and making recommendations to the CRA regarding payment and administration of all warranty claims. No work shall commence with respect to any parking lot until the Department receives a notice to proceed from the CRA. 6. Payment. The CRA shall be solely responsible for making all required payments to the contractor for each parking lot. Department shall review each pay request and make recommendations to the CRA with respect thereto. SEOPW/CRA' 2 7. Environmental Audit. Prior to the commencement of any construction, the CRA shall provide to Department with an environmental assessment report evidencing that there is no environmental contamination affecting the respective parking lot which must be remediated prior to commencement of construction. The CRA shall be responsible for any environmental remediation. 8. Maintenance of Parking Lot. Upon completion of each respective parking lot, or at any time thereafter, if requested by the CRA, the Department shall make a proposal to the CRA with respect to the operation and maintenance of said parking lot, under terms and conditions to be mutually agreed upon between the CRA and the Department. 9. Consultation Regarding Operation of Parking Lots. The Department agrees to provide assistance to the CRA when reasonably requested in connection with the operation and maintenance of each respective parking lot, including, without limitation, making recommendations to the CRA with regard to parking fees, if the CRA elects to charge for parking. 10. Number of Parking Lots. The Department acknowledges that the CRA may develop six (6) or more parking lots within the the N.W. 3rd Avenue Business Corridor Project. The Department may elect, at any time, not to proceed with the development of any specific parking lot which it is requested to develop on behalf of the CRA, in its sole discretion. In the event that the Department elects not to proceed with a specific parking lot, the Department will have no obligation to do so. 11. Validity. The validity of this Agreement and all of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be interpreted and construed to and in accordance with the laws of the State of Florida. 12. Entire Agreement. This Agreement constitutes the entire agreement of the parties and the same may not be amended or modified orally. All understandings and agreements heretofore had between the parties are merged in this Agreement which alone fully and completely expresses their understanding. 13. Counterparts. This Agreement may be executed in counterparts by the parties hereto and each shall be considered an original insofar as the parties are concerned but together said counterparts shall comprise only one Agreement. 14.Recording. This Agreement shall be filed with the Clerk of the Circuit Court of Miami -Dade County, Florida SEOPW/C IN WITNESS WHEREOF, the parties have set their hands and respective seals to be attached hereto on the day and year first above written. Print Name of Witness Below Print Name of Witness Below APPROVED AS TO FORM AND CORRECTNESS: Holland & Knight LLP CRA Counsel MIA1 #894718 v3 DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI By: _ Name: Title: SOUTHEAST OVERTOWN/PARK `'VEST COMMUNITY REDEVELOPMENT AGENCY, a body corporate and politic of the State of Florida By:_ Name: Title: SEOPW/CRA Exhibit "A' (Form of Agreement) 0 INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT made as of the 61h day of March, 2000, by and between the Department Off Street Parking, a Department of the City of Miami, Florida (the "Department"), in the Southeast Overtown/Park West Community Redevelopment Agency, created as a separate legal entity by the City of Miami (the "CRA"). RECITALS 1. Pursuant to Resolution No. 98-592 adopted June 9, 1998, the City of Miami Commission designated N.W. 3rd Avenue from N.W. 8th Street to N.W. loth Street and N.W. 8th Street from N.W. 3rd Avenue to N.W. 4th Avenue as a "Priority Pilot Project" (the "N.W. 3rd Avenue Business Corridor Project"). 2. The N.W. 3rd Avenue Business Corridor Project is intended to encourage commercial development by providing financial assistance and infrastructure improvements to the area. 3. The CRA desires to utilize property currently owned by the CRA and land being acquired by the CRA within the N.W. 3rd Avenue Business Corridor Project area for development of parking lots to support existing and new commercial developments within the N.W. 3rd Avenue Business Corridor Project area. 4. The CRA desires to obtain the services of the Department to provide bidding, construction and construction management services to the CRA to assist the CRA in constructing various parking lots within the N.W. 3rd Avenue Business Corridor Project. 5. The Department is willing to provide design, bidding, construction and construction management services to the CRA in connection with the design and construction of various parking lots within the N. W. 3rd Avenue Business Corridor Project as hereinafter provided. 6. The CRA and the Department desire to enter into this Agreement pursuant to Chapter 163, Part 1, Florida Statutes. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration the receipt and sufficiency which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals to this Agreement are true and correct and hereby incorporated by reference and made a part hereof. ! IN�0- 6' SEoPw/cam. .d 2. Design. At such time as the CRA is prepared to proceed with the development of a specific parking lot, the CRA will have its architect (the "CRA Architect") prepare plans and specifications for respective parking lot. The plans and specifications shall include without limitation, paving and drainage, landscaping and lighting (the "Plans and Specifications"). The Plans and Specifications will be sufficient to obtain a building permit with respect to the parking lot to be developed. The CRA shall deliver the Plans and Specifications to the Department for its review and comment. The CRA shall then have the CRA Architect revise the plans and specifications in a manner that the CRA deems appropriate to address the comments and recommendations of the Department. 3. Budget. The Department shall review the Plans and Specifications for the proposed parking lot and prepare a proposed budget for the respective parking lot and submit same to the CRA for its review and approval. 4. Bidding and Negotiating Phase. With respect to each parking lot, after the CRA has approved the budget, the Department will review and issue the bid package prepared by the CRA Architect for the respective parking lot which shall include, without limitation, reference to the approved Plans and Specifications and the form of construction contract to be utilized. The bid package and the form of contract will be substantially in the form utilized by the Department for similar projects. The bid package and the form of contract will be submitted to the CRA for its review and approval, which approval shall not be unreasonably withheld. Upon approval of the bid package and form of contract by the CRA, the Department shall undertake competitive bidding, as required by law, for the selection of the contractor to construct the respective parking lot. The Department, in concert with the CRA, shall oversee the bidding and selection of the contractor and for the construction of each parking lot. The bid package will expressly grant the CRA the right to reject all responses. 5. Construction Contract Unless the CRA elects to reject all bids, the CRA will enter into the construction contract with the successful respondent, utilizing the form of contract prepared by the Department and approved by the CRA. The Department shall be responsible for the administration of the contract on behalf of the CRA. Construction administration shall include all activities typically performed by the Department in connection with similar projects, including without limitation, the inspection of the work and making recommendations to the CRA regarding payment and administration of all warranty claims. No work shall commence with respect to any parking lot until the Department receives a notice to proceed from the CRA. 6. Payment. The CRA shall be solely responsible for making all required payments to the contractor for each parking lot. Department shall review each pay request and make recommendations to the CRA with respect thereto. 2..; 7. Environmental Audit. Prior to the commencement of any construction, the CRA shall provide to Department with an environmental assessment report evidencing that there is no environmental contamination affecting the respective parking lot which must be remediated prior to commencement of construction. The CRA shall be responsible for any environmental remediation. 8. Maintenance of Parking Lot.. Upon completion of each respective parking lot, or at any time thereafter, if requested by the CRA, the Department shall make a proposal to the CRA with respect to the operation and maintenance of said parking lot, under terms and conditions to be mutually agreed upon between the CRA and the Department. 9. Consultation Regarding Operation of Parking Lots. The Department agrees to provide assistance to the CRA when reasonably requested in connection with the operation and maintenance of each respective parking lot, including, without limitation, making recommendations to the CRA with regard to parking fees, if the CRA elects to charge for parking. 10. Number of Parking Lots. The Department acknowledges that the CRA may develop six (6) or more parking lots within the the N.W. 3rd Avenue Business Corridor Project. The Department may elect, at any time, not to proceed with the development of any specific parking lot which it is requested to develop on behalf of the CRA, in its sole discretion. In the event that the Department elects not to proceed with a specific parking lot, the Department will have no obligation to do so. 11. Validity. The validity of this Agreement and all of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be interpreted and construed to and in accordance with the laws of the State of Florida. 12. Entire Agreement. This Agreement constitutes the entire agreement of the parties and the same may not be amended or modified orally. All understandings and agreements heretofore had between the parties are merged in this Agreement which alone fully and completely expresses their understanding. 13. Counterparts. This Agreement may be executed in counterparts by the parties hereto and each shall be considered an original insofar as the parties are concerned but together said counterparts shall comprise only one Agreement. 14. Recording. This Agreement shall be filed with the Clerk of the Circuit Court of Miami -Dade County, Florida 3 IN WITNESS WHEREOF, the parties have set their hands and respective seals to be attached hereto on the day and year first above written. DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI Print Name of `'Fitness Below By: _ Name: Title: Print Name of Witness Below APPROVED AS TO FORM AND CORRECTNESS: Holland & Knight LLP CRA Counsel MIAI #894718 v3 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a body corporate and politic of the State of Florida By: Name: Title: 4 SEOPW/CRA. k