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HomeMy WebLinkAboutexhibitEXECUTION COPY INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT DATED DECEMBER_, 2004 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (the "Agreement") is made and executed this day of , 2004 between The City of Miami, Florida, a municipal corporation of the State of Florida (the "City"), and the Midtown Miami Community Development District (the "CDD"), a local unit of special purpose government established pursuant to Section 1.01(A)(21) of the County's Home Rule Charter (the "Charter") and Chapter 190, Florida Statutes, as amended, known as the Uniform Community Development District Act of 1980 (the "Act"). WITNESSETH: WHEREAS, it is the purpose and intent of this Agreement to permit and authorize the City and the CDD to make the most efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and to achieve the results provided for in this Agreement pursuant to Section 163.01, Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969 (the "Cooperation Act"); and WHEREAS, it is the purpose of the Cooperation Act to provide a means by which the City and the CDD may exercise their respective powers, privileges, and authority which they may have separately, but which pursuant to this Agreement and the Cooperation Act they may exercise collectively; and WHEREAS, the CDD was created by the County pursuant to Ordinance No. 03-271 adopted by the Board of County Commissioners of the County on December 16, 2003 and effective on December 26, 2003, as a local unit of special purpose government for the purpose of delivering certain community development services and facilities within and outside the boundaries of the District; and WHEREAS, City Resolution No. R-03-135 adopted on November 13, 2203, supported the petition submitted to the County by Biscayne Development Partners LLC for the creation of the CDD; and WHEREAS, the CDD has decided to undertake the design, acquisition and construction of certain roadways (within and outside the boundaries of the CDD), water and sewer facilities, a storm water management system, streetscape and landscape in Midtown Miami in the summer of 2003; and WHEREAS, while the City Commission has not yet ratified the Miami Streetcar Project from the current feasibility study stage to subsequent development and implementation phases; and WHEREAS, the City's Transportation Office has determined that limited additional engineering services for conceptual and final design by the CDD, to be obtained as provided by law, are warranted regarding the streetcar as it impacts the proposed street design and construction within Midtown Miami; and WHEREAS, engineering services include $128,000 for conceptual design, $457,000 for final design, and $30,000 for permitting modifications for a total amount not to exceed $613,000; and WHEREAS, the estimated amount of $613,000 is derived from Capital Improvement Project No. 341140, B-71215 Streetcar Project; NOW THEREFORE, for and in consideration of the mutual premises set forth above and the covenants, obligations, duties and benefits set forth in this Agreement, the CDD and the City agree as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions. In addition to terms defined within the text of this Agreement and in the Indenture, the capitalized terms set forth below shall have the following meanings, unless the context requires a different meaning: "Agreement" shall mean this Agreement and its Exhibits. "CDD" shall mean the Midtown Miami Community Development District, a local unit of special purpose government established pursuant to Section 1.01(A)(21) of the County's Home Rule Charter and Chapter 190, Florida Statutes, as amended, known as the Uniform Community Development District Act of 1980. "City" shall mean the City of Miami, Florida, a municipal corporation of the State of Florida. "Fiscal Year" shall mean October 1 through September 30 of each year. "Force Majeure" shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, storm, hurricane, flood or similar occurrence, strike, and act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement, which by the exercise of due diligence the party relying thereon as justification for not performing any obligation under this Agreement shall not have been able to avoid, and which is not the result of a willful or negligent action or omission of such party. "Parties" shall mean the City and CDD. "Project" shall mean, for purposes of this Agreement, the development of conceptual and final design through engineering services, as further detailed in the attached Scope of Services, Exhibit A, to be provided by the CDD, and/or their agents, representatives or contractors, with the financial contribution to be made by the City to the CDD, to determine those proposed Streetcar system elements that can be integrated during construction of the Midtown Miami for the proposed alignment on most of Midtown Boulevard, through the cultural plaza, a portion of Buena Vista Avenue, and, N.E. 36th Street at NE 1st Avenue. "Project Manager" shall mean, for the City, the Director of the CIP and Transportation Department or the Assistant Transportation Coordinator. For the CDD, Project Manager shall mean, the CDD's contractor for the engineering services. ARTICLE II REPRESENTATIONS, FINDINGS Section 2.1 The City represents and warrants as follows: Section 2.1,1. The City is duly organized and validly existing as a municipal corporation under the laws of the State of Florida. Section 2.1.2. The City has full power and authority to enter into the transactions contemplated by this Agreement and to carry out its obligations under this Agreement. Section 2.1.3. The City has duly authorized the execution and delivery of this Agreement, and assuming its due authorization, execution and delivery by the CDD, this Agreement constitutes a valid and legally binding obligation of the City, enforceable in accordance with its terms, except to the extent that its enforceability may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors' rights generally, or by the exercise of judicial discretion in accordance with general principles of equity. Section 2.2. The CDD represents and warrants as follows: Section 2.2.1. The CDD is duly organized and validly existing as a local unit of special purpose government under the Act and the Charter and as an independent special district under Chapter 189, Florida Statutes. Section 2.2.2. The CDD has full power and authority to enter into the transactions contemplated by this Agreement and to carry out its obligations under this Agreement. Section 2.2.3. The CDD has duly authorized the execution and delivery of this Agreement, and assuming its due authorization, execution and delivery by the City, this Agreement constitutes a valid and legally binding obligation of the CDD, enforceable in accordance with its terms, except to the extent that its enforceability may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors' rights generally, or by the exercise of judicial discretion in accordance with general principles of equity. Section 2.3 The City and the CDD agree as follows: Section 2.3.1. The CDD shall perform and complete conceptual and final design, permit modifications and construction amount after the final design is completed warranted regarding the Miami Streetcar Project as it impacts the proposed street design and construction within the Midtown Miami Project. Section 2.3.2. The CDD shall perform and complete the design, technical specifications, special provisions, pay items and cost estimates per the attached "Scope of Services, Exhibit A" and in accordance with applicable standard City, County and State laws, rules, regulations, and design criteria to the reasonable satisfaction of the City Manager or his designee. Section 2.3.3. The CDD, through its own forces or through its contractors, providers, agents and representatives agree to provide and complete conceptual and final design, permitting modifications and construction, upon final design completion, to accommodate the proposed Miami Streetcar through Midtown Miami. Section 2.3.4. The CDD will submit the technical reports to City in a timely mariner to be approved by the City, and with the concurrence of the City Manager, which will not be unreasonably withheld, conditioned, or delayed. Section 2.3.5. Submittals by the CDD must be signed and sealed by a professional engineer registered under Chapter 471, Fla. Stat., certifying that the submittal and associated work comply with the laws, rules, and applicable ordinances of the City. CDD and its agents, servants and contractors shall comply with all applicable federal, state and local laws, codes, rules and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. Section 2.3.6. The CDD agrees to work with the City to obtain any local or state approvals or permits required for the Project. Section 2.4 It is found and declared that: Section 2.4.1. Expending public funds to finance the conceptual and final design, permitting modifications and that the construction amount will be determined after final design is complete of the Project is in the best interests of the City and the CDD and their respective citizens and residents. ARTICLE III CITY PAYMENTS OF PROJECT COSTS Section 3.1. Generally. Section 3.1.1. The City shall disburse to the CDD funds for the conceptual design, final design, permit modifications and construction once final design is completed in the manner set forth in this Section. The engineering services include $126,000 for conceptual design, $457,000 for final design, and $30,000 for permitting modifications for a total amount not to exceed $613,000. The City shall not be liable for any cost, fee, expense or liability in excess of this amount. The construction amount will be determined after the final design is complete. Section 3.1.2. The amounts shown above are based on the current estimated costs of the Project. The parties recognize that adjustments to the above -referenced costs may be required in the future and that at the option of the parties, amendments may be entered into to revise the funds available for the Project. Such amendments may be executed by the City Manager without the need for approval by the City Commission providing that any amendment which causes the total amount set forth in section 3.1.1 to be increased shall require the prior approval of the City Commission. Section 3.1.3. Payments to the CDD shall be based on invoices the City has received from the CDD's contractor (Contractor) for the engineering services with detailed timesheet and contractor invoice documentation. All invoices shall be sufficiently detailed as to comply with the State of Florida Prompt Payment Act, §218.70, et. seq., Fla. Stat. For purposes of this Agreement no payments shall be made by the City for costs or expenses relating to the Project for lobbyists, legal, corporate, general, tax, environmental or regulatory counsel, auditors, accountants, and brokers and salespersons. ARTICLE IV GENERAL PROVISIONS Section 4. General Provisions Section 4.1. Limitation on Governmental Liability. Nothing in this Agreement shall be deemed a waiver of immunity limits of liability of either the City or the CDD beyond any statutory limited waiver of immunity or limits of liability contained in Section 768.28, Florida Statutes, as amended or other statute. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. No covenant, stipulation, obligation or agreement contained in this Agreement shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the governing body or agent or employee of the City or the CDD in its, his or their individual capacity, and neither the members of the governing body of the City or the CDD nor any official executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the execution by the City or the CDD of this Agreement or any related act. Section 4.1.2. (a) Termination for Cause. Each of the parties shall give the other parties written notice of any default under this Agreement and shall allow the defaulting party 30 days from the date of its receipt of such notice within which to cure any such default or, if it cannot be cured within the 30 days, to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such default. Failure to cure such default within 60 days of the notice of default shall entitle the non - defaulting party the ability to cancel this Agreement and, as of the effective date of such cancellation, the parties will be automatically discharged from the Agreement. This Agreement and/or the City's funding obligations under the Agreement may be terminated, for cause, at the option of and by the City Manager, if any default is not cured by the CDD or the CDD does not comply with any material terms, covenants or condition provided herein within 90 days from the date of a written notice from the City Manager; or when, in the opinion of the City Commission, termination is necessary to protect the interests of public health, safety or general welfare, This subsection shall not apply during any period of Force Majeure as defined in this Agreement. Termination for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of City as set forth in this Agreement notwithstanding whether such any such breach was previously waived or cured. (b) Termination for Convenience. This Agreement may be terminated by the City, acting by and through its city Manager, for convenience, without any cause, upon not less than thirty (30) days notice to CDD. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or general welfare. (c) In the event this Agreement is terminated for convenience, by receiving a notice in accordance with the "NOTICES" section of this Agreement, CDD shall be paid for any services performed by the date of this Agreement, however, upon being notified of the City's election to terminate, CDD shall refrain from further services or incurring additional expenses under the terms of this Agreement. CDD acknowledges and agrees that ten ($10.00) dollars of the compensation to be paid by City, the adequacy of which is hereby acknowledged by CDD, is given as specific consideration to CDD for the City's right to terminate this Agreement for convenience. CDD shall have no recourse from a termination for convenience done in accordance with this section. (d) In the event the Agreement is terminated, any compensation payable by City shall be withheld until all documents are provided to the City as required by this Agreement. Section 4.1.3. Notices. All notices, requests, consents and other communications shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or ovemight delivery service, to the parties, as follows. If to the City: With Copy to: If to the CDD: With a Copy to: The City of Miami, Florida 3500 Pan American Drive Miami, Florida 33133 Attention: City Manager City. Attorney's Office The City of Miami, Florida 444 S.W. 2" Avenue, Suite 945 Miami, Florida 33130 Attention: City Attorney Midtown Miami Community Development District c/o Severn Trent Services Inc. 210 N. University Drive, Suite 802 Coral Springs, Florida 33071 Attention: District Manager Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A. 888 S.E. 3`d Avenue, Suite 301 Fort Lauderdale, Florida 33316 Attn: Dennis Lyles Either party may make changes in the respective addresses from time to tome by notice to the other party. Notices and consents given by mail in accordance with this Article shall be deemed to have been given five (5) business days after the day of dispatch, notices and consents given by any other means shall be deemed to have been given when received. Section 4.1.4. Assignment or Transfer. A party may not assign or transfer its rights or obligations under this Agreement to another unit of local government, political subdivision or agency of the State of Florida without the prior written consent of the other party or to a private party or entity. Section 4.1.5. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties, and their respective successors. Section 4.1.6. Amendment and Waivers. Any amendment to or waiver of any provision of this Agreement must be in writing and mutually agreed to by all the parties. Section 4.1.7. Filing. After approval of this Agreement by the respective governing bodies of the City and the CDD and its execution by the duly qualified and authorized officers of each of the parties, the CDD shall cause this Agreement to be filed with the Clerk of the Circuit Court of Miami -Dade County, Florida, in accordance with the requirements of Section 163.01(11), Florida Statutes. Section 4.1.8. Applicable Law and Venue.This Agreement and its provisions shall be governed by and construed in accordance with the laws of the State of Florida. In any action, in equity or law, with respect to the enforcement or interpretation of this Agreement, venue shall be in the Miami -Dade County, Florida. In any litigation arising out of this Agreement, the parties shall bear their own respective attorney fees. In order to expedite the conclusion of any litigation the parties voluntarily and knowingly waive their rights to demand a jury trial or to file a permissive counterclaim in any litigation between them arising out of this Agreement. Section 4.1.9. Severability. If any part of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable part shall be deemed severable and the remaining parts of this Agreement shall continue in full force and effect provided that the rights and obligations of the parties are not materially prejudiced and the intentions of the parties can continue to be effected. Section 4.1.10. Entire Agreement. This instrument and all the attached exhibits and schedules constitute the entire agreement between the parties and supersede all previous discussions, understandings and agreements between the parties relating to the subject matter of this Agreement. It is further understood between the parties that the CDD will be issuing subsequent agreements to its contractors, providers, agents or representatives to perform the engineering services for the Project. Section 4.1.11. Amendments. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared by the same formality as this Agreement and executed by the parties. Section 4.1.12. CDD represents and warrants that there shall be no unlawful discrimination as provided by federal, state or local laws in connection with its performance under this Agreement. Section 4.1.13. Term of Agreement. This Agreement shall be in full force and effect from the date of execution hereof and shall continue until the Scope of Services for this Project are completed, subject to the cancellation provisions set forth herein. ARTICLE V INDEMNIFICATION, LIABILITY INSURANCE AND LIABILITY PROTECTION Section 5.1. It is expressly understood and intended that City and CDD are only parties to this Agreement and neither party is an agent, partner, joint venture, or representative of the other. Section 5.2. Subject to the monetary limits of Section 768.28, F.S., City shall defend, indemnify and hold harmless CDD from any claim or damage for personal injuries or property damage, arising from the negligent act, omission or performance or failure of performance of City or City's agents, contractors, servants and employees hereunder relative to the negligent performance of any action by the City. Subject to the monetary limits of 768,28, FS CDD shall defend, indemnify and save harmless City from any claim or damage for personal injuries or property damage, arising from the negligent act, omission or performance or failure of performance of CDD or CDD's agents, contractors, servants, and employees hereunder relative to the negligent performance of any services being performed by any of them by virtue of this Agreement. To the extent allowed by law, the CDD shall save and hold harmless the City against any all liabilities, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss of any or damage to any person or property resulting from the use, service, operation or performance of work or services under the terms of this Agreement or contracts the CDD enters into in order to effectuate this Agreement, resulting from the negligent acts or omissions of the CDD, or of its contractors, subcontractors, or any of the employees, agents, or representatives of the CDD. This Indemnity, save and hold harmless is given for the exclusive use and benefit of the City and shall not benefit any other third party person or business entity and shall survive the term or cancellation of this Agreement. ARTICLE VI RELATIONSHIPS OF THE PARTIES Section 6.1. Nothing in this AGREEMENT shall be deemed to constitute any party a partner, agent or representative of the other party. ARTICLE VII HEADINGS Section 7.1. Captions and headings in this Agreement are for ease of reference only, and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE VIII COUNTERPARTS Section 8.1. This Agreement may be executed in one or more counterpart (s), each of which shall be deemed an original. ARTICLE IX INVALIDITY OF PROVISIONS Section 9.1. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a Court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, and this Agreement shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] IN WITNESS WHEREOF, the City and the CDD have each caused this Agreement to be executed and delivered as of the date indicated above: (SEAL) THE CITY OF MIAMI, FLORIDA ATTEST: Priscilla A. Thompson, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Jorge L, Fernandez, City Attorney K-0401040 APPROVED AS TO INSURANCE REQUIREMENTS: Dania Carrillo, City Risk Manager (SEAL) ATTEST: Secretary, Board of Supervisors Joe Arriola, City Manager MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT Chairman, Board of Supervisors EXHIBIT 'A' SCOPE OF SERVICES FOR STREETCAR ENGINEERING SERVICES IN ACCORDANCE WITH THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT The following assumptions were used in the preparation of this Scope of Services: 1. All survey, platting, geotechnical studies, and tests will be provided through the City of Miami (City) under separate contract. 2. Maintenance of Traffic (MOT) plans for all work will be developed and submitted by the Contractor. 3. It is assumed that the requested improvements and associated regulations for those improvements will remain constant throughout the Project (the Project as specified in the Interlocal Agreement (Agreement)). 4. The length of two -track route is estimated to be about 3,000 feet. 5. The Design Plans are assumed to be for two parallel main tracks located in the streets, with either parking and/or traffic lanes between the track and the curb. 6. The future Overhead Contact System (OCS) is assumed to be of the single contact wire style for two parallel main tracks located in the streets, with either parking and/or traffic lanes between the track and the curb. This feature suggests that contact wires will be supported along straight track by a cross span wire with a supporting pole each side to the street. Special wiring arrangements will be required at and adjacent to track curves. On straight track, pairs of poles, one each side of the street, would be located at about a separation of approximately 80 feet, with much closer spacing required at curves. 7. The Systems Electrical portion of construction will provide ail underground duct banks, manholes, hand holes, street lighting, service panels and all other related electrical elements required to complete the second phase of the project. 8. All work will be based on the use of the Portland style Streetcar vehicle. 9. Land will be allocated to accommodate one Traction Power Substation (TPSS), sized approximately 80 feet by 70 feet with ample driveway access. 10. The design will include the location of at least one passenger station. Scope of Services Streetcar Miami and Midtown Miami CPI? ILA, City Commission 12-09-O4, Page 2 11. Architectural design of the stations is not included in this Agreement. 12. One or more future buildings or pedestrian bridges may span above or be adjacent to the proposed track. During the Design phase of this project, if it is found that project requirements are different from original assumptions, the Midtown Miami Community Development District (CDD) will submit to the City a supplemental scope of services for any additional work needed to complete the Project. The CDD will provide engineering, planning, and design services for the preparation of construction document plans and permit applications. The CDD scope of services, schedule and professional fees for the professional services are as follows: SCOPE OF SERVICES PHASE I — CONCEPTUAL STREETCAR DESIGN The CDD will perform the following services under this task: 1. Attend a maximum of three utility liaison meetings. 2, Attend a maximum of ten team coordination meetings and/or meetings with the City of Miami staff. 3. Attend a maximum of three meetings with the Florida Department of Transportation (FDOT) to coordinate the conceptual design components and identify signal synchronization issues. 4. Develop conceptual alignment for streetcar, proposed stop locations, and conceptual geometry for the stop locations. 5. Develop concepts for OCS wire connections to existing street Tight poles, if feasible. 6. 6. Coordinate with utility companies and City staff to determine new utility corridor profiles. 7. Assist the City in determining what their permitting costs will be associated with each of the utility relocation designs. 8. Preliminary Streetcar Design: • Develop functional design plans for the proposed Streetcar alignment. Base Plan sheet drawings are to be provided showing existing conditions based on site survey and Midtown Miami CDD Streetscape Plans. Scope of Services Streetcar Miami and Midtown Miami CDD ILA, City Commission 12.09-04, Page 3 • Coordinate with the design team to identify location of Streetcar items within the site plans. • Identify locations where curb alignments are to be modified in order to accommodate the streetcar alignment. (Address vehicle dynamic envelop for turn radii and station locations.) • Identify conflict areas between the streetcar alignment and future adjacent infrastructure and utilities with the goal of determining an economic solution. • Identify platform locations. 9. Overhead Contact System Tasks: • Identify any relevant local and state standards. • Develop typical OCS structure concepts to suit client and site requirements. • Identify mutual impact of OCS and future adjacent or over built infrastructure. • Coordinate with the design team would be included to deal with location of critical and not so critical OCS poles within the site plans. 10. Systems Electrical Tasks: • Site visit to review the proposed construction area and obtain documents pertaining to existing and proposed underground utilities. • Identify any utility conflicts along with any other potential problem areas. • Prepare a preliminary conduit system layout for traction power, signals, communications, and street lighting wiring. • Coordinate with FP&h and verify power feed points for the traction power substation, passenger stations, and street lighting. • Sketch out requirements for a passenger station. Corrosion Protection for Underground Utilities Tasks: • Conduct site visit to obtain soil resistivity and site walk down. The Wenner four pin method or the Collins point method of soil resistivity will be performed to obtain soil resistivity. • Soil/stray current/civil interface analysis to determine track isolation requirements and galvanic corrosion potential (soil samples for chemical analysis may be required). This task will evaluate the soil resistivity statistical distribution to determine the allowable stray current levels and track isolation requirements. In addition the design of track and other civil structures would be evaluated to determine the specifics for electrical isolation of the rails. • Develop preliminary design for required elements including track, track slab, and underground utilities. Scope o1' Services Streetcar Miami and Midtown Miami CDD ILA, City Commission 12-O9.04, Page 4 12. Construction Quantity Estimate Tasks: • Determine quantities based on the Preliminary plans. • Prepare a construction cost estimate for Streetcar infrastructure items. Phase 1.0 Deliverables • Preliminary Plans • A report that includes design criteria identifies issues and impacts, quantities and a construction cost estimate. It is our understanding that any agreements and negotiations between the City and the utility companies will be coordinated by the participants and therefore is not included in this scope of services. PHASE II — FINAL DESIGN Task II -A STREETCAR, STREETSCAPE AND DRAINAGE DESIGN Streetcar and Streetscape Plans Preparation: A base snap of the existing conditions will be prepared, at a scale of 1" = 20', utilizing the field survey data provided by the surveyor under a separate contract. We will develop the plans based upon the mutually agreed upon typical sections that have been approved by the appropriate governing agency. For the current project, the design of the future OCS design must be substantially completed in order to predict OCS pole foundation locations and types, and pole types for shared OCS/Street lighting use. We will develop a design development plan based upon the approved typical sections developed during the design guideline process. This 30% design plan will show the geometric layout over top the field survey data provided by the surveyor under a separate contract. We will endeavor to meet the following bases for design: the approved typical sections, the proposed plat, the City of Miami Design Standards, the Miami -Dade County Design Standards and FDOT's design standards where and if applicable. Meetings will be scheduled with the City of Miami, Miami -Dade County and FDOT staff to review the conceptual design plans. The purpose of the meetings will be to review the conceptual plans and solicit comments from staff. Final design plans will be prepared based on the approved Conceptual plans. In general, the set of design development plans may contain the following information: Scope of Services Streetcar Miami and Midtown Miami CDD ILA, City Commission 12-09-04, Page 5 1. A cover sheet will be prepared containing project identification information, a vicinity map, index of sheets and other information as may be appropriate. 2. Typical sections will be prepared, detailing the proposed work for mainline and cross street construction. It is anticipated that approximately 20 typical sections will be required. 3. A table will be prepared listing the anticipated pay items, estimated quantities and the appropriate pay item footnotes. 4. Horizontal alignments and geometric improvements will be detailed on the survey. 5. Proposed mainline and cross street profiles will be developed. 6. General notes defining the basis of design and construction requirements. 7. Existing utility information, as obtained during survey data collection and the information provided by the respective utility owners will be added to the plans. 8. Signing and pavement marking plans will be prepared at a scale of 1" = 20'. 9. Street lighting plans that will include a pole summary, wiring schematics, pole details, and service point details. Proposed street light poles, conduit, service points will be shown on the roadway construction plans. In general, the set of Final design plans may contain the following information: 1. Key Sheet — Project title, vicinity map, engineer of record, and other appropriate information. 2. Typical Sections for roadway design — approximately 10 typical sections. 3. Summary of Roadway Quantities — Sheet to include table listing the anticipated pay items, the estimated quantities, and appropriate pay item footnotes. 4. Plan sheets (I" = 20') — Containing the geometric and horizontal alignment as well as modifications to the existing drainage and street lighting systems. 5. Proposed Profiles for each of the proposed onsite streets. 6. Prepare final design documents for required elements including track, track slab, and underground utilities adjustments. 7. Prepare final design documents for track drainage. 8. Prepare site -specific final design documents for OCS and joint use pole foundations including drawings layout drawings, schedules and specifications. Scope of Services Streetcar Miami and Midtown Miami COD ILA, City Commission 12-09-04, Page 6 9. Prepare site -specific OCS and joint use foundation drawings layout drawings, schedules and specifications. 10. Prepare project -wide set of standard drawings of typical foundations, poles, and various clearance information. 11, Coordinate with HDR for structural engineering design of the OCS poles and foundations. 12. Roadway Cross Sections — It is assumed that roadway cross sections will be required for new roadways every 100 feet and up to two at each intersection. For existing roadway reconstruction, it is assumed that roadway cross sections will be required every 50'. 13. Tabulation of Signing and Pavement Markings — Sheet to include a table listing the anticipated pay items, the estimated quantities and appropriate pay item footnotes. 14. Signing and Pavement Marking Plans — Signing and pavement markings will be detailed at a scale of 1" = 20' with two strip per sheet. 15. Landscape Horizontal Control Plans — These sheets will be prepared at a scale of 1" = 20' and will detail the location of tree pits, landscape materials, street furnishings, pavers, and sidewalk treatments. 16. Irrigation and Electrical Plans — These sheets will be prepared at a scale of 1" = 20" and will identify irrigation requirements, location of irrigation lines and control equipment as well as electrical service point locations. 17. Hardscape, Softscape, Irrigation, and Electrical Details — Details required for implementation of the design. 18. Miscellaneous Details and Summary of Quantities — Construction details and a table listing anticipated pay items, the estimated quantities, and appropriate pay item footnotes. 19. Lighting Service Point detail. 20. Tabulation of Lighting and General Notes — Sheet to include table listing the anticipated pay items, the estimated quantities, appropriate pay item footnotes, and general notes. 21. Pole Data and Coded Notes — Sheet will identify street Tight poles, their lighting circuit, mounting height and wattage as well as the coded notes for the wiring schematic. 22. Special Lighting detail sheet. 23. Miscellaneous Roadway and Drainage Construction details — These sheets would include special details for roadway and drainage construction elements that are not standard City of Miami, Miami -Dade County or FDOT construction details. NPDES Plans — These sheets will detail erosion control measures required to meet NPDES permit requirements. The department is currently modifying the permitting requirements for the NPDES and therefore permitting for this Scope of Services Streetcar Miami and Midtown Miami CDD ILA, City Commission 12-09-04, Page 7 will be done as an additional service, if required. Plans for any environmental engineering are not included in this task. TASK II-B — WATER, SEWER, AND UTILITY REVISIONS The Miami -Dade County Water and Sever Department (MDWASD) will require the following utility improvements within the existing rights -of -way and the proposed new streets within the project limits. The CDD will provide construction documents for the installation of water mains and gravity sewer mains within the following limits outlined as follows: Water and Sewer Plan Revisions 1. The permitted Water and Sewer Plans will have to be modified to accommodate the proposed streetcar foundation slab. Following are the locations that will require revisions: 2. Water Main Extensions required within the Proposed Roadways • Approximately 2,450 L.F. of 12" water main within NE 1st Pl. from NE 361h St. south to NE 291h St. • Approximately 1,350 L.F. of 12" water main within NE 1S1 Ave. from NE 341h St. north to NE 36'h St. 3. Gravity Sewer Main Extensions Required within Proposed Roadways • Approximately 2,450 L.F. of 8" or 10" gravity sewer main within NE 151 P1, from NE 36th St. south to NE 291h St. • 150 L.F. of 20" gravity sewer main within 29'h St. at NE 151 Place, east approximately 150' The CDD's Contractor shall design and prepare plans for the utilities described formerly. Both horizontal and vertical design will be submitted along with the applicable details. TASK II-C — SYSTEMS ELECTRICAL AND CORRISION PROTECTION 1. Systems Electrical Tasks: • Conduct second site visit to discuss and coordinate final design objectives and contents of the final design package. • Resolve utility conflicts and any other conflicts or issues that have been identified. • Coordinate with the local electric utility and verify power feed points for the traction power substation, passenger stations, and street lighting. • Finalize the street lighting design. • Prepare final conduit system layout plans for traction power and street Tight wiring. Scope or Services Streetcar Miami and Midtown Miami CDD ILA, City Commission 12-09-04, Page 8 • Develop passenger station layout plans, • Prepare specifications. 2. Corrosion Protection Tasks: • Prepare final design documents for utilities including design drawings and specifications. It is anticipated that underground utilities will require cathodic protection when crossing the track or within 20 feet of the corridor. • Prepare final design documents for track slab reinforcing steel continuity and test stations. The requirement provides for stray current shielding and troubleshooting and stray current monitoring during train operations and aids in cost effective long term maintenance. • Prepare track electrical isolation documents for rail isolation including testing and track -to -earth resistance requirements. Specialized materials and methods have been incorporated into many types of track construction to minimize the generation of stray current from the rails, • Provide QA requirements for all corrosion control measures. The QA/QC requirements are extremely important to insure the corrosion control measures are constructed and will operate effectively. TASK Il-D — TRAFFIC SIGNALIZATION MODIFICATIONS Three new traffic signals are proposed as part of the Midtown Miami redevelopment. Two of the three will be impacted by the proposed Streetcar Project and require design modification to accommodate the streetcar. Additionally, two new signals will be required, one to the east and one to the west of the entertainment block to control the streetcar returning inline with traffic. The traffic signals are proposed at the following intersections: + NE 361h Street (S.R. 25) and NE Is' Avenue, (modify) • North Miami Avenue and NW 341h Street, (modify) • Buena Vista Avenue and Entertainment Block (New) • Midtown Blvd and Entertainment Block (New) PHASE III — PERMITTING TASK I11- PERMITTING MODIFICATIONS Permitting for streetcar components and re -permitting of roadway/infrastructure components cannot be quantified at this time and, therefore, will be performed on an hourly basis, according to the attached hourly rate schedule. We anticipate fees for this may be $30,000, and may include coordination with the following agencies: A. City of Miami Public Works Department and the CIP and Transportation Department Scope or Services Streetcar Miami and Midtown Miami CDD ILA, City Commission 12-09-04, Page 9 B, Miami -Dade County Water and Sewer Department (MDWASD) Review of proposed water distribution and gravity sewer systems within public right-of-way. C. City of Miami Fire Department Review of water distribution, hydrant locations, and fire services. This submittal excludes buildings. D. Miami -Dade County Department of Health Water distribution system permits for water mains proposed within public right-of-way. E, Department of Environmental Resources Management (DERM) — 1. Construction ERP Permit for the proposed roadways and streetcar. 2. Class II Permit application for drainage wells, if proposed drainage. 3. Review of water and sewer plans. F. Florida Department of Transportation (FDOT) — The CDD's Contractor will provide the normal coordination and responses to requests for minor clarification of information required during the review and approval of the permits. Furthermore, our involvement in permitting will be limited to submitting applications, revising plans per agency comments, and resubmitting to agencies. Status updates, follow up calls, and permit expediting are excluded from this scope. ADDITIONAL SERVICES Any services not specifically provided for in the above scope, as well as any changes in the scope you request, will be considered additional services and will be performed at our then current hourly rates as we agree prior to their performance. Additional services we can provide include, but are not limited to, the following: 1. Bidding assistance, preparation of MOT plans and CSI-format technical specifications. 2. Redesign resulting from substantial site layout changes caused by parties other than the Consultant. 3. Revisions to plans due to substantial changes in project scope, budget, and/or concept. Construction document fees for additional "special features" (fountains, arbors, entry features, shade structures, walls, etc.). 4 Surveying, and platting services, geotechnical testing or engineering. Scope of Services Streetcar Miami and Midtown Miami CDD 11.A, Ciiy Commission 12-09.04, Page 10 5. Services not specifically included within "Scope of Services". b. All permitting beyond what has been included in our scope, and permit expediting. 7. Interconnect plans for signalization, traffic and turning movement counts. 8. Design changes due to unforeseen environmental conditions, 9. Work required by changes to design regulations from the date of this agreement. 10. All Traffic Studies required by governmental agencies to facilitate the Project. 1 ] , Design of architectural features for streetcar stations. INFORMATION PROVIDED BY THE CITY The following items are to be provided to the CDD by the City or the CDD's Contractor for use in this project: I. Permit application/plan review fees. 2. Additional Geotechnical reports as required SCHEDULE The CDD will provide services in an expeditious and orderly manner to meet the schedule mutually agreed to by the City and the CDD for the various elements of the project. FEE AND BILLING The CDD will perform the services described in Phase I, II, III of the Scope of Services for fees listed in Table 1. Hourly estimates have been provided for Tasks III. TABLE 1 PHASE DESCRIPTION LUMP SUM FEE HOURLY I CONCEPTUAL DESIGN $126,000 II FINAL DESIGN $457,000 III PERMITTING MODIFICATIONS S30,000- TOTAL LUMP SUM FEE $583,000 TOTAL HOURLY FEE ESTIMATE* S30,000 Scope of Services Streetcar Miami and Midtown Miami CDD ILA, City Commission 12-09-04, Page 1 l The CDD's Contractor shall not exceed the estimated budget for hourly tasks without the written approval of the City. For all tasks, direct reimbursable expenses such as express mail, air travel, out- of-town mileage, and other direct expenses will be billed at 1.0 times cost. Expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing computer time are included in the lump sum fees above. All permitting, application, and similar project fees will be paid directly by the City. Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services completed and expenses incurred as of the invoice date.