HomeMy WebLinkAboutR-02-0705J-02-472
5/10/02
RESOLUTION NO. 02— 705
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH DAVID PLUMMER & ASSOCIATES, INC.
TO CONDUCT A PROJECT DEVELOPMENT AND
ENVIRONMENTAL STUDY ENTITLED "DUPONT PLAZA
PROJECT-METROMOVER REALIGNMENT IN DOWNTOWN
MIAMI", FOR A PERIOD OF TWO YEARS, WITH THE
OPTION TO RENEW FOR AN ADDITIONAL ONE-YEAR
PERIOD, IN A TOTAL AMOUNT NOT TO EXCEED
$446,400; ALLOCATING FUNDS FROM ACCOUNT CODE
NO. 110013.850104.270.
WHEREAS, Resolution No. 00-954, adopted October 26, 2000,
declared the realignment of one block of the Metromover mainline
("DuPont Plaza Area Realignment") to be a project of urgent
priority and crucial concern for the inhabitants and visitors of
the City of Miami and Miami -Dade County" and endorsed submission
of an application for the State of Florida Transportation
Outreach Program ("TOP") grant funds to initiate a project for
said purpose; and
WHEREAS, the DuPont Plaza Area Realignment in Downtown Miami
is a four-phase project, based on a funding package comprised of
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the Florida Department of Transportation's ("FDOT") TOP funding
and proposed private sector donation of right-of-way; and
WHEREAS, TOP allocated $480,000 for Phase One of the project
to complete a Project Development and Environmental ("PD&E")
Study; and
WHEREAS, Resolution No. 02-23 adopted January 10, 2002,
authorized the execution of a Joint Participation Agreement
("JPA") with FDOT providing for the City of Miami (the "City") to
receive the $480,000 TOP grant, of which $33,600 was allocated
for Project Administration by the City, to implement the study;
and
WHEREAS, the JPA was executed on March 21,2002; and
WHEREAS, Ordinance No. 12190, adopted February 14, 2002,
established a Special Revenue Fund and appropriated funds in the
amount of $480,000 from the TOP grant; and
WHEREAS, on March 7, 2002, the City issued a request for
responses to a Scope for Professional Services (the "Scope") to
three consultant firms eligible to perform PD&E services under
the Metropolitan Planning Organization from the Miami Urbanized
Area General Planning Consultants list under the category of the
Technical Studies Program Support; and
WHEREAS, in response to the request, two responses were
received; and
WHEREAS, an Interview/Evaluation Committee comprised of City
staff met on April 9, 2002, to evaluate the professional
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U2- 705
experience, response to the Scope, and presentation of the two
responding firms, and found David Plummer & Associates, Inc. (the
"Principal") was the most qualified to provide the required
professional services; and
WHEREAS, the City Manager, taking into consideration the
findings of the Interview/Evaluation Committee, recommended
engagement of the firm of David Plummer & Associates, Inc. for
the PD&E work; and
WHEREAS, the City has prepared the attached Professional
Services Agreement ("the Agreement") and Scope for Professional
Services, not to exceed the amount of $446,400;
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized" to execute a
Professional Services Agreement, in substantially the attached
form, with David Plummer & Associates, Inc. to conduct a project
development and environmental study entitled "Dupont Plaza
Project-Metromover Realignment in Downtown Miami", for a period
ii The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
Page 3 of 4 02— '7 0 5
of two years, with the option to renew for an additional one-year
period, in a total amount not to exceed $446,400, with funds
allocated from Account Code No. 110013.850104.270.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
PASSED AND ADOPTED this 13th day of June 2002.
MANUEL A. DIAZ, MAYO
ATTEST:
PRISCILLA A. T OMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESSAe,
mot
A JANDRO VILAR LO
C TY ATTORNEY
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21 If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 4 of 4
02- 705
PROFESSIONAL SERVICES AGREEMENT
[General Engineering and Transportation Planning Services]
This Agreement entered into this day of ,
2002, by and between the City of Miami, a Municipal
Corporation of the State of Florida, (the "City''), and
David Plummer & Associates, Inc., a State of Florida
corporation, (the "Principal'').
WITNESSETH
WHEREAS, the City has scheduled a substantial number of
Projects for fiscal years 2001, 2002 and 2003 (the
"Projects'') that require professional engineering and
transportation planning services; and
WHEREAS, the Metropolitan Planning Organization's (MPO)
existing contract with the Principal for Technical Studies
Program Support authorizes the City, under Clause XXII:
"Assignability," to access the Principal to perform
transportation planning related studies; and
WHEREAS, under City Code Section 18-106, the City may,
in lieu of other city competitive bidding procedures, accept
a competitive bid which has been secured by any county
government, provided, however, that purchases in excess of
$4,500 shall be approved by the City Commission; and
WHEREAS, by Resolution adopted on , 2002 the
City Commission approved and authorized the City Manager to
execute this agreement with the Principal for the provision
of said services; and
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Whereas, the Principal and the City wish to execute
this Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual
covenants set forth herein, the City and the Principal agree
as follows:
TERMS
1. Recitals. The recitals and all statements contained
therein are hereby incorporated into and made a part of
this Agreement.
2. Term. The term of this Agreement shall be two (2) years,
commencing on the date hereof and ending two (2) years
thereafter (the "Expiration Date-) , subject, however, to
the provisions of Section 18 hereof. The City has the
right to extend the term hereof for an additional period
of one (1) year subject to the approval of the City
Manager.
3. Subject Matter. This Agreement sets forth the terms and
conditions pursuant to which the City may request, and
Principal shall provide, the Services, as defined in
Section 4 and 5 below, for one or more Projects. No
specific Project is designated under this Agreement. The
Project and the specific details of the Services required
to be performed by the Principal shall be described in a
Work Order to be issued by the City in accordance with
Section 5.B hereof.
4. Definitions.
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02- 705
A. PROJECT The project means the proposed improvements
(new or restoration) to a street, sewer, property, or
other City facility as generally designated and
programmed by the City or other related professional
services requested by the City.
B. WORK - means Services to be rendered or provided by
the Principal for the PROJECT.
C. SERVICES - means the Basic Services and/or the Scope
of Work, as described in Section 6 hereof, to be
performed by the Principal under this Agreement.
D. BUDGET - means the amount allocated by the City for
engineering and transportation planning of the PROJECT
and all increases authorized by the City.
E. PROJECT MANAGER - means the Director of the Planning
and Zoning Department or his/her designee.
5. Services.
A. General
i. At the CITY's request, made in accordance with Sub -
Section B below, PRINCIPAL shall perform the
Services described in Section 6 below. The Services
include but are not limited to the services outlined
in Section 6 herein (the "Work'') and services that
may be required in connection with a Project. The
Work shall be performed in a sound, economical,
efficient and professional manner and within the
time and the manner required in the Work Order, as
mutually agreed upon by the Principal and the City.
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ii. The Principal shall perform the Work under the
direction of, and in close coordination with, the
Project Manager. The Principal shall provide all
professional and technical services comprising the
Work and shall be fully responsible for all the
professional and technical aspects thereof. The
City's review and approval of the Work will relate
only to overall compliance with the general
requirements of the Project and whenever the term
11 approval by the City'' or like term is used in this
Agreement, the phraseology shall in no way relieve
the Principal from any duties or responsibilities
under the terms of this Agreement or from using the
best professional engineering and transportation
planning practices.
iii. The Principal shall, in the performance of the
Work, comply with all Federal, State and Local
codes, ordinance and regulations, pertaining to the
Project, including, without limiting the generality
of the foregoing, the Federal Wage -Hour Law, Walsh -
Healy Act, The Occupational Safety and Health Act,
The National Environmental Policy Act and Equal
Employment Opportunity Legislation, and requirements
imposed as part of the Joint Participation Agreement
between the City of Miami and the Florida Department
of Transportation dated March 21, 2002.
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iv. In the performance of the Work, the Principal
agrees to:
a. Strive to complete the Work within the time
allowed by maintaining an adequate staff of
qualified employees on the Work at all times.
b. Be fully responsible for the professional and
technical services required to be rendered in the
performance of the Work.
c. Cooperate fully with the City in order that all
phases of the Work may be properly scheduled,
coordinated, and executed.
d. Report the status of the Project to the Project
Manager upon request or as required by this
Agreement, and maintain all notes, calculations,
and related work open to inspection by the City,
at all times during the term hereof.
e. Prepare the Project Development & Environmental
Study (PD&E) and Transit Improvements/Impact
Engineering and all other documents pertaining to
the Project in compliance with all applicable
federal, state and local laws, codes, ordinances
and regulations.
f. Promptly deliver to the Project Manager copies of
minutes of all relevant meetings relating to the
Project at which Principal is present.
g. Be available for general consultation and advice
at all times during the term of the Project.
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v. The City agrees to make available to the Principal
any plans and other data in City's possession
pertaining to the Work to be performed for the
Project. The Principal shall recommend to the City
and be responsible for the review and interpretation
of appropriate engineering data collection, analysis
and reports; environmental analysis and reports; and
transit improvements/impacts engineering report
that need to be obtained or performed for the proper
execution of the Principal's services. .
B. Requests For Scope For Professional Services.
i. Except in emergency situations, all requests for
Services shall be made by a written Request For
Scope For Professional Services ("Scope'') issued by
the Project Manager. In case of emergency, the City
may issue a verbal Scope to be followed by a written
Scope (or, after approval, by a Work Order) and a
Notice to Proceed, as soon as practicable
thereafter. The Scope shall describe the Project
and each section of the Work to be performed by the
Principal.
ii. Upon the issuance of the Scope, the Principal shall
submit to the City a Response to the Scope at no
cost to the City. If City and Principal agree on
the amount of compensation and the schedule and time
for completion of the Work, then the Project Manager
shall issue a Work Order and Notice to Proceed.
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iii. The Services to be rendered by the Principal for
the Project shall commence within twenty-four (24)
hours upon receipt of the Notice to Proceed and
shall be completed within the time agreed upon as
shown in the Work Order.
iv. Principal understands and agrees that failure to
comply with the foregoing provisions within the time
required herein may result in the Project being
awarded to another firm.
6. Scope of Work Scope of Work consist of the attached Scope
of Professional Services, March 7, 2002, and the
Principal shall perform such services and use the
services of consultants who have been designated as
"Approved Subconsultants," as the term is defined in
section 16 herein. The Principal agrees to coordinate
its effort with that of the Subconsultants involved in a
Project to assure fully coordinated and complete work.
The Principal acknowledges that any agency of the City
may purchase services in part or in whole from this
contract, provided that written permission is given by
the City Manager or his designee.
i. PRINCIPAL shall make all required changes or
additions and resolve all questions resulting from
the CITY's final review. This shall be at no
additional charge to the CITY, except for changes
requested by the CITY that are in conflict with
prior CITY directives or approvals or constitute the
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CITY's modifying the scope or program of the
project. All revised documents shall be submitted
to the City for approval. After final approval by
the City, the Principal shall furnish, at no
additional charge, a master set of the reports and
provide ten (10) additional reports .
7. Project Completion Time. The Work shall be performed
within the time allocated to each phase thereof and shall
be completed within the time agreed upon. A reasonable
extension of the Work time will be granted in the event
of a delay caused by the City's failure to fulfill its
part of the Agreement as herein required or by other
reasons, such as review period by regulatory agencies,
weather beyond the control of the Principal. In the
event the delay is attributable to the Principal or any
of its employees, agents or subconsultants, at the sole
discretion of the Director of the Planning and Zoning
Department, the costs associated with the delays will be
the sole and complete responsibility of the Principal.
8. Extension of Expiration Date. In the event the
Principal is engaged in a Project(s); on the Agreement
Expiration Date, then this Agreement shall remain in
effect until completion or termination of said
Project(s). No new Work Orders shall be issued after the
Expiration Date.
9. City's Services and Responsibilities. The City shall
make available to the Principal for its inspection, all
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02- 705
reports, plans, plats, maps, surveys, aerials, records
and other information regarding the Project that the City
has as its disposal.
10. Compensation. Compensation shall be based on a "Fixed
Fee I , as described hereunder, based on the nature and
scope of the Work. The method of compensation shall be
agreed upon prior to issuance of the Work Order.
Notwithstanding anything herein to the contrary, the CITY
and the PRINCIPAL agree that the total compensation
permitted for all work under this Agreement shall not
exceed the sum of $446,400.
FIXED FEE: The fee for a task or a scope of work based
on a fixed fee shall be mutually agreed upon by the
CITY and the PRINCIPAL.
11. Payments of Compensation. Compensation shall be paid
monthly in accordance with invoices detailing the fees
and expenses, for Work performed during the immediate
preceding calendar month. Payment shall be made within
thirty (30) days following Project Manager's receipt of
the invoices, in triplicate. The invoices shall include
the following information:
A. Total contract amount.
B. Percent of Work complete to date.
C. Total amount paid to date.
D. Amount previously billed.
E. Amount of invoice.
F. Summary of Work done during the billing period.
9 ®2- 705
G. Invoice number and date.
12. Schedule of Work. The CITY shall have the sole right to
determine which Project shall be assigned to the
PRINCIPAL. The schedule of Work and time for performance
will be mutually agreed upon by the CITY and the
PRINCIPAL.
13. Extra Work Expenses. It the PRINCIPAL nas incurrea
extra work or expense due to changes ordered by CITY
after any portion of the Work is approved by the CITY,
then the payment for such extra work shall be the subject
of a Change Order, and shall be approved, in writing, by
the CITY if, in the CITY's reasonable opinion, such
Change Order is warranted. If the PRINCIPAL caused extra
work or expense without previous approval by the CITY,
such extra Work shall be the subject of an additional
work order and the cost of the extra work shall be sole
responsibility of the PRINCIPAL.
14. Reimbursable Expenses: Reimbursable expenses are to
be paid in addition to compensation for Basic Scope
Services and include expenses incurred by the PRINCIPAL,
its employees and other consultants in the interest of
each Project, as identified as follows and if authorized
in writing, by the CITY's Project Manager and proper
documentation is provided to the CITY's Project Manager.
A. Providing the services of specialists, in addition to
those that are required to provide the basic scope of
services. Unless otherwise agreed, the extra expense
10 02- 705
of specialists, when uthorized, shall be the amount
paid to the specialis . The compensation for these
services shall be made as reimbursable expenses. This
Section does not app y to Professional Services of
those individuals an specialists employed by the
PRINCIPAL.
B. Changes in the Project initiated by the CITY.
15.A-mroval of Calculations. Renorts and nrawinaG_
The
City agrees within thirty (30) days after delivery, it
will, approve, reject, or return with indicated suggested
revisions or recommendations, all field notes, drawings,
calculations, reports 037 other written communications
submitted by the Principal to the City for approval.
Such approval, revisions or recommendations by the City
shall not relieve the Principal of its responsibility for
the Work. Any errors noted in the calculations or
drawings submitted by thE Principal will be corrected at
no additional cost to thE City. All certified plans and
other final drawings required under this agreement shall
be delivered to the City in a reproducible form.
16.Subconsultants.
A. Selection of the Principal by the Interview/Evaluation
Committee was based, in part, on the qualifications and
expertise of the subco sultants listed in response to
the DuPont Plaza Project - Metromover Realignment in
Downtown Miami, Project Development & Environmental
(PD&E) Study, Transit Improvement/Impact Engineering
11 02- 705
Report, Scope of Professional Services (the "Approved
Subconsultants"). The Principal shall employ the
Approved Subconsultants where their specialties are
required to perform the Work for an assigned Project.
B. The Principal may choose additional Subconsultants
provided it first obtains the prior written approval of
the City. The Principal may not exclude Approved
Subconsultants from a Project without the City's prior
written consent. The reasons for hiring additional
Subconsultants or for the replacement of the Approved
Subconsultants shall be detailed in the Principal's
written request for City's consent.
C. The Principal shall be responsible for all the work of
its organization, employees and its subconsultants.
Nothing contained in this Agreement shall create any
contractual relationship between any of the
subconsultants working for the Principal and the City.
The Principal agrees and understands that it is in no
way relieved of any responsibility under the terms of
this Agreement by virtue of any other professional who
may associate with it in performing the Work.
D. Subconsultants that must be used are:
Parsons Brinckerhoff Quade & Douglas, Inc.
Consulting Engineering & Science, Inc.
Precision Engineering & Surveying, Inc.
17 . Conf lict of Interest.
12 02-- 705
A. Principal covenants that no person under its employ
who presently exercises any functions or
responsibilities in connection with this Agreement has
any personal financial interest, direct or indirect,
with City. Principal further covenants that, in the
performance of this Agreement, no person having such
conflicting interests shall be employed. Any such
interests on the part of Principal or its employees,
must be disclosed in writing to City.
B. Principal is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2,
Article V), Miami -Dade County, Florida (Miami -Dade
County Code Section 2-11.1) and the State of Florida,
and agrees that it shall fully comply in all respects
with the terms of said laws.
17.Ownership of Documents. All reports, tracings, drawings,
plans, specifications, survey information maps, computer
media, and other data developed by the Principal for the
purpose of this Agreement shall become the property of
the City without restriction or limitation upon use and
shall be made available by the Principal at any time upon
request of the City. When any work contemplated under
this Agreement is completed or for any reason terminated
prior to completion, all of the above data shall be
delivered to the Project Manager.
18.Termination and Suspension of Agreement.
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02- 705
A. The City retains the right to terminate this Agreement
at any time prior to the completion of the Work without
penalty to the City. In such event, the City shall
give written notice of termination to the Principal and
the Principal shall be paid for services rendered up to
the date of the notice, provided, however, that the
Principal is not in default under the terms of this
Agreement and as set forth in Section 29 hereof.
B. In the event of termination, all documents, plans, and
other documents developed by Principal under this
Agreement shall become the property of the City, with
the same provisions of use as set forth herein.
C. It is further understood by and between the parties
that any information, contract documents, plans,
drawings, or any other matter whatsoever which is given
by the City to the Principal pursuant to this Agreement
shall at all times remain the property of the City and
shall not be used by the Principal for any other
purposes whatsoever without the written consent of the
City.
19.Award of Agreement.
A. The Principal warrants that it has not employed or
retained any company or person to solicit or secure
this Agreement, that it has not paid or agreed to pay
any company or person any fee, commission, percentage,
brokerage fee, or gifts or any other consideration
14 02- 705
contingent upon or resulting from the award or making
of this Agreement.
B. The Principal also warrants that to the best of its
knowledge and belief no Commissioner, Mayor or other
officer or employee of the City is interested directly
or indirectly in the profits or emoluments of this
Agreement or the Work.
20.Entire Agreement. This Agreement represents the entire
and integrated agreement between the City and the
Principal and supersedes all prior negotiations,
representations or Agreements, either written or oral.
This Agreement may be amended only by written instrument
executed by City and Principal.
21.Successors and Assigns. This Agreement shall be
binding upon the parties hereto and their respective
heirs, executors, legal representatives, successors and
assigns.
22.Right to Audit. The City reserves the right to audit
records of the Principal pertaining to this Agreement
anytime during the term hereof, and for a period of three
(3) years after final payment is made under this
Agreement.
23.Insurance. Principal shall maintain during the terms of
this Agreement the following insurance:
A. Comprehensive General Liability Insurance in amounts
not less than $1,000,000.00 Combined Single Unit for
bodily injury and property damage liability and said
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insurance shall include contractual liability coverage.
The City of Miami shall be named as primary Additional
Insured.
B. Professional Liability Insurance in a minimum amount
of $1,000,000.00 covering all liability arising out of
the terms of this Agreement.
C. Workers' Compensation Insurance in the statutory
amounts.
D. Automobile Liability Insurance covering all owned,
non -owned, and hired vehicles used by Principal in
connection with work arising out of this Agreement.
Coverage shall be written with at least statutory
amounts for Bodily Injury and Property Damage.
E. All insurance policies shall be issued by companies
authorized to do business under the laws of the State
of Florida and which are approved according to
specifications of the Risk Management Division of the
City of Miami. All policies required hereunder shall
name the City as "Additional Insured''.
F. The Principal shall furnish certificates of insurance
to the City prior to the commencement of any Work,
which shall clearly indicate that the Principal has
obtained insurance in the type, amount and
classification as required for strict compliance with
this Section and that no material change or
cancellation of the insurance shall be effective
16 02-- 705
without the thirty (30) days written notice of the
City.
G. Compliance with the foregoing requirements shall not
relieve the Principal of its liability and obligations
under this Section or under any portion of this
Agreement.
24.Right of Decisions.
A. All services shall be performed by the Principal to
the satisfaction of the Project Manager who shall
decide all questions, difficulties and disputes of
whatever nature which may arise under or by reason of
this Agreement, the prosecution and fulfillment of the
Services hereunder, and the character, quality, amount,
and value thereof, and the Project Manager's decisions
upon all claims, questions of fact, and disputes shall
be final, conclusive and binding, upon the parties
hereto, unless such determination is clearly arbitrary
or unreasonable.
B. In the event that the Principal does not concur in the
judgment of the Project Manager as to any decision made
by him/her , the Principal shall present his written
objections to the City Manager who shall then submit to
the City Commission for determination.
25. Non -Discrimination. The Principal shall not discriminate
against any employee or applicant for employment because
of race, color, religion, sex, age, national origin,
handicap or marital status. The Principal shall take
17 02- 705
affirmative action to ensure that applicants are
employed, without regard to their race, color, religion,
sex, age, national origin, handicap or marital status.
Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship.
The Principal agrees to post in conspicuous places,
available to employees and applicants for employment,
notices to be provided by the Personnel Officer setting
forth the provisions of this Equal Opportunity Clause.
26. Construction of Agreement. The parties hereto agree
that this Agreement shall be construed and enforced
according to the laws of the State of Florida.
27. Independent Contractor. The Principal and its employees
and agents, shall be deemed to be Independent Contractors
and not agents or employees of the City; and shall not
attain any rights or benefits under the Civil Service or
Pension Ordinance of the City, or any right generally
afforded classified or unclassified employees; further
they shall not be deemed entitled to Florida Workers'
Compensation benefits as employees of the City.
28. Non-Delegability. It is understood and agreed that the
obligations undertaken by the Principal pursuant to this
Agreement shall not be delegated or assigned to any other
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person or firm without the City's prior written consent,
which may be withheld at City's sole discretion.
29. Default Provision. In the event that Principal shall
fail to comply with each and every term and condition of
this Agreement or fails to perform any of the terms and
conditions contained herein, then the City, in addition
to all other remedies available by law, at its sole
option, upon written notice to Principal may cancel and
terminate this Agreement, and all payments, advances or
other compensation paid to Principal by City while
Principal was in default of the provisions herein
contained, shall be forthwith returned to City.
30. Contingency Clause. Funding for this Agreement is
contingent on the availability of funds and continued
authorization for program activities and is subject to
amendment or termination due to lack of funds or
authorization, reduction of funds, and/or change in
regulations.
31. Minority Procurement Compliance. The Principal
acknowledges that it has been furnished a copy of
Ordinance No. 10062, the Minority Procurement Ordinance
of the City of Miami, and agrees to comply with all
applicable substantive and procedural provisions therein,
including any amendments thereto.
32. Indemnification. The Principal covenants and agrees
that it will indemnify, defend, and hold harmless the
City, its officers, agents and employees from any and all
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02- 705
claims, losses, damages, costs, charges or expenses
arising out of or in connection with the negligent acts,
actions, or omissions of the Principal or any of its
officers, agents, employees, whether direct or indirect,
provided, however, that Principal shall not be liable
under this Section for damages or injury arising out of
or directly caused by or resulting from the sole
negligence of the City or any of its agents, officers or
employees. The indemnity provided herein is not limited
by reason of any particular insurance coverage in this
Agreement.
33. Notice. All notices or other communications which shall
or may be given pursuant to this Agreement shall be in
writing and shall be delivered by personal service, or by
registered mail addressed to the other party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail, on
the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI:
City Manager
444 S.W. 2nd Avenue
Miami, Florida 33130
Planning and Zoning
Attn: Ana Gelabert,
Director
444 S.W. 2nd Avenue
PRINCIPAL:
David Plummer & Associates,Inc.,
Attn: Timothy J. Plummer, PE,
President
1750 Ponce de Leon Boulevard
20 02- 705
Miami, Florida 33130
(305) 416-1400
City Attorney
444 S.W. 2nd Avenue
Suite 945
Miami, Florida 33130
Coral Gables, Florida 33134
(305) 447-0900
33. Amendments. No amendments to this Agreement shall be
binding on either party unless in writing and signed by
both parties.
34. Miscellaneous Provisions.
A. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
B. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
rule.
C. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
D. 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 or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
21 02-. 705
such laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions of
this Agreement shall remain unmodified and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have, through
their proper corporate officials, executed this Agreement,
the day and year first above set forth.
DAVID PLUMMER & ASSOCIATES, INC.,
a Florida corporation
ATTEST:
By:
Corporate Secretary TIMOTHY J. PLUMMER, PE
President
CITY OF MIAMI, a municipal
Corporation of the State of
ATTEST: Florida
By:
PRISCILLA A. THOMPSON CARLOS A. GIMENEZ
City Clerk City Manager
APPROVED AS TO CONTENT:
ANA GELABERT
Director
Planning and Zoning Department
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
ALEJANDRO VILARELLO R. SUE WELLER
City Attorney Acting Risk Management
Administrator
22
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DUPONT PLAZA PROJECT - METROMOVER REALIGNMENT IN
DOWNTOWN MIAMI
PROJECT DEVELOPMENT & ENVIRONMENTAL (PD&E) STUDY
TRANSIT IMPROVEMENTS/IMPACT ENGINEERING REPORT
SCOPE OF PROFESSIONAL SERVICES
Introduction
The DuPont Plaza gateway area of downtown Miami has long been known for its awkward
traffic circulation and congestion. Located on the Biscayne Boulevard (US 1) corridor
immediately north of the Brickell Avenue bridge over the Miami River, and immediately east of
the terminus of the Downtown Distributor ramps from 195, the four -square -block area suffers
from restricted right-of-way, Metromover columns in a street right-of-way, and high land values.
These obstacles have prevented much-needed major improvements to this important component
of the downtown roadway network.
The improvements proposed include modifications to the alignment and number of lanes of SE 3
Street --the principal gateway roadway into downtown --as well as reconfiguration of several other
streets from one-way to two-way flow. The suggested changes may require relocation of a
portion of the Metromover guideway. Additionally, a new Metromover station is proposed to be
constructed between SE 2 and 3 Avenues.
The Project Development and Environment (PD&E) study effort will provide the data, analysis,
and recommendations required to obtain state approval for the project. This study will include an
analysis of social and economic impacts, environmental assessments, alternatives analysis, and
mitigation requirements. The class of action will be a State Environmental Impact Report (SEIR)
for major transportation projects, based on the condition of no federal funding for any phase of
these improvements.
Part 1 - Roadway Project Development and Environment Study
The study area is generally bounded by SE 2 Street, Biscayne Boulevard, SE 4 Street (Biscayne
Boulevard Way), and SE 2 Avenue. The consultant will develop traffic projections to be used to
establish the basic design requirements. Where feasible, recent, readily available counts and/or
information from other studies will be incorporated into this effort for efficiency and consistency.
Capacity/operational analyses will be performed at appropriate locations, and will focus on
localized operational issues. The projections will consider current and future growth trends and
will include Average Daily Traffic (ADT) and Design Hour Volume for the present year, the
opening year, ten years and twenty years from opening.
The consultant will develop and analyze the traffic data for the Build and No -Build alternatives.
The analysis will pay special attention to unique area -related issues including access to all
affected properties, drawbridge operational issues, and traffic control during construction.
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Preliminary cost estimates will be prepared for roadway improvements, based on preliminary
engineering drawings using the Long Range Estimate (LRE) program consistent with the Florida
Department of Transportation PD&E process. These preliminary cost estimates will include
allowances for engineering costs, contingencies, urban construction conditions, and the start
time/construction duration. Other project costs to be included in this estimate will include right-
of-way, business damages, owners' costs, and the like.
Part 2 - Transit Improvement/Impacts Engineering Report (Guideway and Station)
This report will address the appropriate non -environmental impacts on the transit system (see
Exhibit A, Part 2). The issues to be analyzed in the study are similar to those in a Major
Investment Study, tailored to the scope of this project. Where feasible, recent, valid, and readily
available transit data and information from other studies will be incorporated into this effort for
consistency.
Task 2A - Guideway Realignment
The physical impact of the realignment of a short segment of the Metromover guideway will be
evaluated. The relocation may be necessary in order to provide adequate geometric features for
the proposed roadway improvements.
The study area will be the Metromover guideway in the vicinity of SE 3 Street and SE 2 Avenue,
extending upstream and downstream, as needed, to the next station. The two alternatives to be
reviewed will be the No -Build, and one Realignment Alternative. The guideway realignment will
be driven by the roadway improvement requirements and the location of a new station.
The study will also pay special attention to unique area and project -related issues including:
guideway construction using straddle bent alternatives to ensure adequate access to all properties;
needed adjustments in Metromover operations; and a plan to provide continued transit service
during the transit guideway realignment construction.
Task 213 - New Metromover Station
A Metromover station between SE 2 and SE 3 Avenues location was approved as part of the
original Environmental Impact Statement for Metromover. However, the station was never
constructed because the anticipated development within which the station would be incorporated
did not materialize. It is anticipated that the present owners of the development site are likely to
build, thereby making the station feasible again, so a preliminary location and design study task
will be performed for it. The second station alternative to be considered will be the No -Build
scenario.
The preliminary location and design study will address the following issues: schematic concept
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drawings for the new station; straddle bent alternatives to ensure adequate access to all
properties; needed adjustments in the Metromover operations; and a plan to provide continued
transit service during station construction.
Part 3 — Technical Advisory Committee and Public Involvement
A Technical Advisory Committee (TAC) will be created, and will be responsible for review and
comment on the study process and technical reports. The TAC membership will consist of
property owners (and/or their representatives) from the affected area; technical staff from city,
county, and state agencies, and representatives from the Downtown Development Authority and
the Miami Parking Authority. The TAC will meet at least monthly during the study, and will
provide technical assistance and advice to the City of Miami whose project manager will serve as
the TAC chairperson. All project conclusions and recommendations will be placed before the
TAC for review and comment before being made final.
The PD&E Study also requires a public involvement plan including public meetings as necessary
and one formal public hearing, in order to obtain official neighborhood and reviewing agencies
input into the analysis, conclusions, and recommendations of the study. There will be a wide
variety of meetings required, including team strategy meetings, agency reviews and approvals,
right-of-way procedures, meetings with representatives of adjacent properties, monitoring the
review process, and the like.
The public hearing will be a formal presentation in which the alternatives are shown to the
interested public. Court reporters will be present at the hearing to record the remarks of speakers.
The meetings and hearings require public advertisement in a local newspaper, the rental of close -
by space for the hearing, and full transcripts of those hearings.
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EXHIBIT A
DUPONT PLAZA PROJECT - METROMOVER REALIGNMENT IN
DOWNTOWN MIAMI
REPORTS OUTLINE
Part 1— Roadway Project Development and Environment (PD&E) Study
ENGINEERING DATA COLLECTION, ANALYSIS AND REPORTS
A. Engineering Data Collection and Surveys
1.
Aerial Photography
2.
Existing Highway Characteristics
3.
Traffic Data
4.
Accident Data
5.
Utilities and Railroads
6.
Transportation Plans
7.
Navigation and Marine Data
8.
Soils Survey and Geotechnical Data
9.
Required Surveys
B. Engineering Analysis
1.
Project Need
2.
Design Traffic
3.
Corridor Analysis
4.
Conceptual Design Analysis
5.
Conceptual Drainage Analysis
6.
Cost Analysis
7.
Comparative Analysis of Design Alternates
8.
Access Management
9.
Prepare Final Recommendation
C. Engineering Reports
1. Corridor Base Maps
2. Preliminary Engineering Report
3. Preliminary Roadway Plans
4. Utility and Railroad Coordination Package
5. Value Engineering Information Report
ENVIRONMENTAL ANALYSIS AND REPORTS
A. Analysis of Social Impacts
1. Land Use Information
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2. Cultural Features
3. Analysis of Social -Economic Impacts
4. Right of Way Acquisition/Relocation Data Collection
5. Archaeological and Historical Features
6. Determination of Section 4(F) Involvement
7. Visual and Aesthetic Impact Analysis
B. Analysis of Natural Impacts
1.
Hydrologic and Nature Features
2.
Identify Permit Conditions
3.
Wetland Impact Analysis
4.
Conceptual Mitigation Plans
5.
Wildlife and Habitat Analysis
6.
Aquatic Preserve Impact Analysis
7.
Outstanding Florida Waters and Wild and Scenic Rivers Impact Analysis
C. Analysis of Physical Impacts
1.
Air Quality Data Collection and Impact Analysis
2.
Noise Impact Data Collection and Impact Analysis
3.
Contamination Impact Analysis
4.
Water Quality Impact Analysis
5.
Floodplain Impact Analysis
6.
Construction Impact Analysis
D. Environmental Reports
1. Advance Notification
2. Draft State Environmental Impact Report
3. Final State Environmental Impact Report
4. Cultural Resources Documentation
5. Section 4(F) Evaluation
6. Other Environmental Reports
Part 2 - Transit Improvements/Impacts Engineering Report (Guideway and Station)
1. Purpose and Need
2. Alternatives Considered
3. Transportation Impacts (forecast)
a. Transit (Service, Ridership, Farebox Revenue)
b. Highway (Congestion, Access to Transit, Parking)
c. Freight Movements
4. Cost and Financial Analysis
a. Costs and Available Revenues
b. Capital and Operating Shortfalls
c. Additional Revenue Sources
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Page 5 of 7
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Part 3 — Technical Advisory Committee and Public Involvement
A. Technical Advisory Committee
B. Public Involvement Program
C. Public Meetings
D. Public Hearing
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EXHIBIT B
DOWNTOWN GATEWAY IMPROVEMENTS
STIPULATED SUMS AND HOURLY TASKS TO BE FURTHER DEFINED
PART/TASK
STIPULATED SUM
1. Roadway Project Development & Environment (PD&E) Study
- Engineering
$ XXX
- Environmental
$ XXX
2.A.1. Guideway Realignment Impact Report
$ XXX
2.A.2. Straddle Bent Concept
$ XXX
2.A.3. Operations Adjustments Report
$ XXX
2.A.4. Maintenance of Transit Service Plan
$ XXX
2.B.1. New Metromover Station Evaluation Report
$ XXX
2.B.2. Station Schematic Drawings
$ XXX
2.B.3. Operations Adjustments Report
$ XXX
2.B.4. Maintenance of Transit Service Plan
$ XXX
3. Technical Advisory Committee and Public Involvement
$ XXX
Sub -Total $ XXX
4. Direct Expenses $ XXX
TOTAL CONSULTANT SERVICES $446,400.00
5. City of Miami Project Administration 33,600.00
TOTAL PROJECT COST $480,000.00
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02- 70,5
8 CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
Of the City Commission
6
FROM: 41sA. Gun eZ
City Manager
DATE : m 1,Y Z 1 2,102 FILE:
SUBJECT: Discussion Item:
DuPont Plaza Project-
Metromover Realignment
REFERENCES: In Downtown Miami
ENCLOSURES:
Discussion item concerning a professional services agreement with David Plummer &
Associates Inc. to conduct a project development and environmental study entitled
"DuPont Plaza Project-Metromover Realignment in Downtown Miami."
CAG: DB:O.7VIGLM:rj
02- 705