HomeMy WebLinkAboutExhibit 1INTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2011, by .
and between the Miami -Dade Metropolitan Planning Organization (MPO), hereinafter called the
MPO and the City of Miami, hereinafter called Miami.
That the MPO and MIAMI have deteiniined to jointly fund the Baywalk. Action Plan:
Implementation, Restoration: and Technical Solutions and that MIAMI has determined to
provide the services for such study and its share of the costs thereof as provided below.
WITNESSETH:
ARTICLE 1.00: The MPO does hereby retain MIAMI to provide the services for the Baywalk
Action Plan: Implementation, Restoration and Technical Solutions, which services are
described in Exhibit "A": "Scope of Services", and Exhibit "B": "Tentative Project Schedule".
The parties further agree that the project costs are provided in Exhibit "C": "Project Cost." In
addition, the E-Verify Certification provided in Exhibit "D" must be signed by the recipient. The
referenced exhibits are attached hereto and made a part hereof as though fully recited herein.
Article 16.00 governs each party's obligations for its portion of the Project Cost.
ARTICLE 2.00: The MPO and MIAMI mutually agree to furnish, each to the other, the
respective services, information and items as described in Exhibit "A" Scope of Services, Exhibit
"B" Tentative Project Schedule, Exhibit "C" Project Cost and Exhibit "D" E-Verify
Certification. The MPO agrees to furnish MIAMI and its duly designated representatives
information including, but .not limited to, existing data and projects related to the study area
which may be available in other governmental offices. MIAMI agrees to perform or cause to be
performed, in a timely and professional manner, the work elements set forth in the above -
enumerated Exhibits, in accordance with the Schedule set forth in Exhibit "B".
MP035/UPWP 201/MGP Miami lnterlocal Agreement FY 2012 Baywalk Action Plan
Before initiating the work described in Exhibits "A", "B" and "C", -the MPO Director or his
designee shall execute and issue MIAMI a Notice -to -Proceed with the work, described in said
Exhibits, such work to constitute performance of the Baywalk Action Plan: Inplemen.tation,
Restoration and Technical Solutions as set forth in said Exhibits.
ARTICLE 3.00: The services to be rendered by ML4MI shall be commenced subsequent to the
execution and issuance of the Notice -to -Proceed and shall be completed within ( )
months from the date of execution and issuance of the Notice -to -Proceed.
ARTICLE 4.00: ML4MI agrees to provide Project Schedule progress reports on a monthly
basis and in a foimat acceptable to the MPO Director. The MPO Director shall be entitled at all
times to be advised, at his request, as to the status of work being done by MIAMI and of the
details thereof. Coordination shall be maintained by MIAMI with representatives of the MPO.
Either parties to the agreement may request and be granted a conference.
ARTICLE 5.00: In the event there are delays on the part of the MPO as to the approval of any
of the materials submitted by ML4MI or if there are delays occasioned by circumstances beyond
the control of MIAMI which delay the Project Schedule completion date, the MPO Director or
his designee may grant MIAMI, by a letter an extension of the contract time, equal to the
aforementioned delays, provided there are no changes in compensation or scope of work.
It shall be the responsibility of MIAMI to ensure at all times that sufficient contract time remains
within which to complete services on the project and each major Task Group as designated with
roman numerals on the Exhi1 its. In the event there have been delays which would affect the
project completion date or the completion date of any major Task Group, MIAMI shall submit a
written request to the MPO Director or his designee twenty (20) days prior to the schedule
completion date which identifies the reason(s) for the delay and the amount of time related to
each reason. The MPO Director or his designee will review the request and make a
determination as to granting all or part of the requested extension. Scheduled. completion dates
shall_be,determined.by the elapsed times shown in Exhibit "B" and=the issue date of the_Notice
Page 2
to -Proceed.
In the event contract time expires and MIAMI has not requested, or if the MPO Director or his
designee has denied an extension of the completion date, partial progress payments will be
stopped on the date time expires. No further payment for the project will be made until a time
extension is granted or all work has been completed and accepted by the MPO Director or his
designee.
ARTICLE 6.00: MIAMI shall maintain an adequate and competent professional staff and may
associate with it, for the purpose of its services hereunder, without additional cost to the MPO,
other than those costs negotiated within the limits and terms. of this Agreement and upon
approval by the MPO Director, such specialists as MIAMI may consider necessary.
ARTICLE 7.00: The MPO shall not be liable for use by the MIAMI of plans, documents,
studies or other data for any purpose other than intended by the terms of this Agreement.
ARTICLE 8.00: All tracings, plans, specifications, maps, and/or reports prepared or obtained
under this Agreement shall be considered research and shall become the property of the MPO
without restriction or limitation on their use; and shall be made available, upon request, to the
MPO at any time. Copies of thesedocuments and records shall befurnished to the MPO upon
request, verbal or written, allowing reasonable time for the production of such copies.
SUB ARTICLE 8./0:Records of costs incurred by MIAMI and all subconsultants
performing work on the project, and all other records of MIAMI and subconsultants
considered necessary by the MPO for proper audit of project costs, shall be furnished to
the MPO upon request.
Whenever travel costs are included in the performance of services set, forth in Exhibits
"A", "B" and "C", the provisions of Metropolitan Miami -Dade County Administrative
Order 6-1, shall govern or Florida Statues, whichever.,is more -restrictive.
Page 3
MIAMI shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by
MIAMI in conjunction with this Agreement. Failure by MIAMI to grant such public
access shall be grounds for immediate unilateral cancellation of this Agreement by the
MPO Director.
ARTICLE 9.00: MIAMI shall comply with all federal, state, and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the grounds of
race, color, religion, sex, or national origin in the performance or work under this contract.
SUB ARTICLE 9.10: On January 4, 2011, Governor Rick Scott signed Executive Order
Number 11-02 relating to verification of employment status (the "Order"). The Order
directs all agencies under the direction of the Governor to include as a condition of all state
contracts a requirement that the contracting party utilize the U.S. E-Verify system to
"verify the employment of: (a) all persons employed during the contract term by the
contractor to perform work pursuant to the contract with the state agency". Miami agrees
to comply with the requirements of the Order and execute Exhibit "D".
ARTICLE 10.00: The MPO agrees to pay MIAMI compensation as per Article 16.00 of this
Agreement and Exhibits "A", "B" and "C", attached hereto and made a part hereof.
ARTICLE 11.00: The MPO Director may teiruinate this Agreement in whole or in part at any
time the interest of the MPO requires such termination.
SUB -ARTICLE 11.10: If the MPO Director determines that the performance of MIAMI
is not satisfactory, the MPO Director shall have the option of (a) immediately terminating
the Agreement or (b) notifying MIAMI of the deficiency with a requirement that the
deficiency be corrected within a specified time, otherwise the Agreement will be
teiruinated at the end of such time.
Page 4
SUB ARTICLE 11.20: If the MPO Director requires termination of the Agreement for
reasons other than unsatisfactory performance' of MIAMI, the MPO Director shall notify
MIAMI of such termination, with instructions as to the effective date of termination or
specify the stage of work at which the Agreement is to be terminated.
SUB ARTICLE 11.30: If the Agreement is teiniinated before performance is completed,
MIAMI shall be paid for the work satisfactorily performed. Payment is not to exceed the
prorated amount of the total share of the project costs to be paid by MPO as provided in
Article 16.00 agreement amount based on work satisfactorily completed. Such
determination shall be based and calculated upon a percentage allocation of total project
cost, by major Task Group.
ARTICLE 12.00: All words used herein in the singular form shall extend to and include the
plural. All words used in the plural fouiu shall extend to and include the singular. All words
used in any gender shall extend to and include all genders.
ARTICLE 13.00: MIAMI warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for MIAMI, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or fiiui any fee, commission, percentage, gift .or any other consideration, contingent
upon or resulting from the award or making of this Agreement. It is understood and agreed that
the teinu "fee" shall also include brokerage fee, however denoted.
SUB -ARTICLE 13.10: For the breach or violation of Article 13.00, the MPO Director
shall have the right to terminate this Agreement without liability, and, at its discretion, to
deduct from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
ARTICLE 14.00: MIAMI agrees that it shall make no statements, press releases or publicity
releases concerning this Agreement or its subject matter,:: or otherwise. disclose or permit to be;__a,
disclosed'. any of, the data or other information obtained: or furnished in compliance with this
Page 5
Agreement, or any particulars thereof, during the period 'of this Agreement, without first
notifying the MPO Director or his designee and securing its consent. MIAMI also agrees that it
shall not copyright or patent any of the data and/or information furnished in compliance with this
Agreement, it being understood that, under Article 8.00 hereof, such data or information is the
property of the MPO. This Section shall not be construed to limit or restrict public access to
documents, papers, letters or other material pursuant to Article 8.10 of this Agreement.
ARTICLE 15.00: The MPO shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure. Any contract, verbal or written, made in violation of this
subsection shall be null and void, and no money shall be paid on such contract.
ARTICLE 16.00: Payment of project costs - It is mutually agreed and understood that the
Project Costs shall be as provided in Exhibit C . MPO shall pay MIAMI 80% of such Project
Costs. ML4MI shall be responsible for the remaining 20% of such Costs. MIAMI shall invoice
MPO monthly for MPO's share of Project Costs in a format acceptable to the MPO Director or
his designee and shall be paid therefore on a percentage of completion basis for each Task
described in the Notice -to -Proceed executed in accordance with Article 2.00. MIAMI shall
invoice 100% of the MPO's share of the Project Cost upon completion of all Task Orders, as
indicated under Exhibit"A". The total compensation to be paid by the MPO to MIAMI
hereunder shall not exceed $48, 000.
SUB -ARTICLE 16.10: By executing this agreement MIAMI commits to fund the $12,000
local share minimum of this agreement as specified in Exhibit C.
SUB ARTICLE 16.20: It is agreed that said compensation provided in Article 16.00
hereof shall be adjusted to exclude any significant sums where the MPO Director shall
determine that reported costs by MIAMI reflect inaccurate, incomplete or non -current
costs. All such adjustments . shall be made within 60 days following the end of the
Agreement. ,For purpose of this Agreement, the end of the Agreement shall be deemed -to
Page 6
be the date of final billing or acceptance of the work by the MPO Director or his designee,
whichever is later.
ARTICLE 17.00: Standards of Conduct - Conflict of Interest - MIAMI covenants and agrees
that it and its employees shall be bound by the standards of conduct provided in Florida Statutes
112.313 as it relates to work perforned under this Agreement, which standards will be referred
and made a part of this Agreement as though set forth in full. MIAMI agrees to incorporate the
provisions of this article in any subcontract into which it might enter with reference to the work
perfounied.
ARTICLE 18.00: The MPO Director reserves the right to cancel and teiniinate this Agreement
in the event MIAMI or any employee, servant, or agent of MIAMI is indicted or has direct
information issued against him for .any crime arising out of or in conjunction with any work
being performed by MIAMI for or on behalf of the MPO, without penalty. It is understood and
agreed that in the event of such termination, all tracings, plans, specifications, maps, and data
prepared or obtained under this Agreement shall immediately be turned over to the MPO
Director in conformity with the provisions of Article 8.00 hereof MIAMI shall be compensated
for its services rendered up to the time of any such termination in accordance with Article 11.00
. hereof
ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within
Florida Statutes Section 768.28, MIAMI shall indemnify and save harmless the MPO from any
and all claims, liability, losses and causes of action arising out of MIAMI'S negligence or other
wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to
indemnify the MPO for any liability or claims arising out of the negligence, performance, or lack
of perfonnance of the MPO.
To the extent permitted by law, and subject to the limitations included within Florida Statutes
Section 768.28, the .MPO shall indemnify and save harmless. MIAMI from any and all claims,
liability, losses and causes -of action arising out of the MPO's negligence or other wrongful acts -:
in the performance of this agreement. However, nothing herein shall be deemed to indemnify
Page 7
111L4MI for any liability or claims arising out to the negligence, .performance, or lack of
performance of MIAMI.
ARTICLE 20.00: This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
ARTICLE 21.00:
Attachments:
Exhibit "A", Scope of Services
Exhibit "B", Project Schedule
Exhibit "C", Project Budget
Exhibit "D", E-Verify Certification
No alteration, change or modification of the terms of this Agreement shall be valid unless made
in writing, signed by both parties hereto, and approved by the Governing Board of the
Metropolitan Planning Organization.
This Agreement, regardless of where executed, shall be governed by and construed according to
the laws of the State of Florida and venue shall be in Miami -Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed these presents this day of
, 2011.
ATTEST:MIAMI-DADE COUNTY FLORIDA
By The Governing Board of
Metropolitan PlanningOrganization(MPO)
By: Print Name
Director, MPO Secretariat
ATTEST: CITY OF MIAMI
Page 8
By: Print Name Johnny Martinez, P.E.
1\IAA 1 Authorized Representative
By: Print Name Collin Worth
AIIANII Project Manager
City of Miami, a municipal
ATTEST: corporation of the State of Florida
Priscilla A. Thompson, City Clerk
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie 0. Bru
City Attorney
Calvin Ellis, Director
Risk Management Department
November 17, 2011
Dear Mr. Albert Sosa:
Exhibit "A"
Scope of Services
CONSULTANT WORK ORDER PROPOSAL
URS Corporation Southern proposes to provide the services identified below for the project
entitled "Miami Baywalk Action Plan", project number B-30346, pursuant to its Professional
Service Agreement with the City of Miami for `Transportation Program Support Services',
dated January 9, 2009 and renewed with an expiration date of January 8, 2012.
1. GENERAL
The Project Area is, as illustrated below, from Alice Wainwright Park (SE 26th Road) north
along .the shoreline of Biscayne Bay to Albert. Pallot Park (NE 39th Street). The 'On the
Waterfront: Implementation Plan', which is scheduled to be completed by the end of November
2011 shows the ground and aerial pictures to depict the existing conditions, and ownership of
every parcel in-between. The Plan assesses the potential for Baywalk development along the
corridor. It is understood that the 'On the Waterfront: Implementation Plan' will serve as a start,
and as a foundation for the Baywalk Action Plan. In addition, URS will base the development of
the desired action plan on other relevant studies and reports, such as: the `Project for Public
Spaces' - 2005 Study, the approved in concept `Miami Baywalk Design Guidelines' and other
relevant materials.
il. SCOPE OF WORK
1. Data Collection (Field Review, Photo Log, etc.)
It is understood that URS will utilize existing readily available data that will be provided by the
City of Miami, and other governmental agencies. Other than the data collected as part of the
Public Involvement Program and the Field Data Collection task, all other data will be collected
from existing relevant readily available information sources, and not from primary research and
data collection activities. URS will review the collected material and identify any apparent data
voids :and/or -inconsistencies_ and firstly attempt to resolve them with -material collected . and
reviewed. in the. _first two tasks. Any remaining. data gaps and/or inconsistencies will be.
incorporated into the Action Plan as scheduled prioritized tasks.
URS Corporation Southern
3343 West Commercial Boulevard
Suite 100
Fort Lauderdale, FL 33309
Tel: 954.739.1881
Fax: 954.739.1789
November 18, 2011
Miami Baywalk Action Plan
Project # B-30346
Page 2
URS will collect•relevant, readily available physical site data such as:
a. Geology/Soils (e.g. available relevant boring logs, foundation studies, and soils reports,
etc.,
b. Topography, Surface Drainage;
c. Utilities (e.g. water, wastewater, power, communications, etc.);
d. Site development (e.g. roads, parking, walks, landscaped areas, and structures;
e. Land ownership and tax assessor valuations;
f. Environmental contamination (from agency records and available environmental site
assessments;
g. Areas with known, .or potential, environmental sensitivity and potential environmental
permits and approvals required;
h. Visual observations documented with photo log.
2. Background Research
a. Site related archaeological and historical information;
b. Past site and Baywalk studies, reports and plans (e.g., Project for Public Spaces 2005
Miami Baywalk Report, ect.);
c. Current existing bikeways, greenways and trails and future proposed facilities (e.g. Miami
Bicycle Master Plan, Downtown Bicycle Pedestrian Mobility Plan, Overtown Greenway,
Miami River Greenway, FEC Corridor, etc.);
d. Currently known development plans and proposals;
e. Relevant design standards and guidelines (e.g. Riverwalk and Baywalk Design
Guidelines, Americans with Disabilities Act, (ADA) Florida Department of Transportation
(FDOT) Bicycle Trail Standards, Crime Prevention Through Environmental Design
(CPTED), Miami -Dade County Climate Change Advisory Task Force's (CCATF)
Recommendations and Miami -Dade County's Sustainability Plan, Greenprint, etc.)
3. Develop Alignment Alternatives.
URS will develop up to three alternative alignments for the proposed Miami Baywalk.
4. Evaluation - Feasibility/Constructability Analysis
URS will develop an evaluation methodology that utilizes the standards and guidelines,
identified in Task 2, collectively as an evaluation bench mark together with three major
categories of factors:
a. Degree alternative meets the City's expressed Comprehensive Plan's goals and
objectives related to: positive presentation of the City's image, heritage and identity;
economic impact; recreational, health, spiritual benefits to City's residents and guests;
and environmental and economic sustainability.
b. Feasibility of each alternative's potential to efficiently progress through design, permitting
and construction successfully; and
c. Implementation costs compared to benefits.
5. Identify and Prioritize Recommendations (short term, long term)
,Based on the Tresults_of :the Task 4 evaluation, URS will -identify a recommended alignment and
both.short.term and long term.actions.for its implementation
November 18, 2011
Miami Baywaik Action Plan
Project # B-30346
Page 3
6. Public Involvement
URS will develop a public involvement program (PIP) that will:
a. Identify Key stakeholders;
b. Establish a PIP for on-line posting on a website that will also be used to collect data from
the general public, special interest groups, and key stakeholders, and disseminate
information on: evolving project status; project schedule; public workshops (one at
Brickell and one at Edgewater); and action plan development.
c. Conduct two public workshops to: explain project goals, benefits, issues and challenges;
solicit feedback and new ideas; present potential alternatives; and solicit input for the final
draft of the Action Plan.
d. Hold limited meetings (up to six) with major property owners and agencies (e.g. Florida
Department of Transportation, Miami -Dade Department of Park and Recreation, Miami -
Dade Department of Environmental Resource Management, etc.).
e. URS shall contact the key stakeholders and coordinate their involvement with up to four
individual meetings and up to three group meetings, in addition to maintaining email and
telephone communications.
7. Agency Coordination
URS will contact the potential permitting, reviewing and approval agencies and maintain active
exchanges of information throughout the project to identify potential permitting and approval
requirements and develop a consensus on the most desirable ways to avoid, minimize and/or
mitigate any negative impacts.
8. Draft Report
URS will prepare six hard copies and two computer disks with Microsoft Word files of a concise
draft summary report for client review and commentary.
9. Final Report
URS will review client commentson the Task 8 Draft Report and address them a Final Report
that shall be transmitted to the client in six hard copies and two computer disks in PDF file
format.
HI. SUBCONSULTANTS
Sub -Consultant assistance is not required to perform the tasks defined in this Work Order.
IV. SCHEDULE OF WORK — TIME OF PERFORMANCE
This assignment is anticipated to last 20 weeks, with the provision to be extended if necessary.
V. COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a Total Lump Sum fee of fifty-
nine thousand nine hundred ninety-nine dollars and 96 cents ($59,999.96). Invoices shall be
submitted monthly as percent complete of the total lump -sum amount. The City shall not be
liable for any fee beyond this amount for the scope and tasks established for this assignment.
Said fee includes an allowance for Reimbursable Expenses such as travel, mailing,
reproduction, communication, etc. required in connection with the Work, which is established in
,an- amount -of , $1,200.- The reimbursable expenses shall be utilized in accordance with the
Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061.
November 18, 2011
Miami Baywalk Action Plan
Project # B-30346
Paae 4
SUMMARY OF COMPENSATION
Task
Fee Amount
Fee Basis
1.
Data Collection
$5, 224.49
Lump Sum, Fixed
2.
Background Research
$2.223.72
Lump Sum, Fixed
3.
Develop Alignment Alternatives
$7,569.00
Lump Sum, Fixed
4.
Evaluation — Feasibility/Constructability Analysis
$2, 651.76
Lump Sum, Fixed
5.
Identify and Prioritize Recommendations
$2,.651.76
Lump Sum, Fixed
6.
Public Involvement
$19,329.66
Lump Sum, Fixed
7.
Agency Coordination
$5,491.44
Lump Sum, Fixed
8.
Draft Report
$7,099.20
Lump Sum, Fixed
9.
Final Report
$3,740.13
Lump Sum, Fixed
10.
Task management
$2,818.80
Lump Sum, Fixed
11.
Reimbursable Expenses
$1,200.00
Lump Sum, Fixed
TOTAL COMPENSATION (LUMP SUM)
$59,999.96
Lump Sum, Fixed
PROJECT MANAGER
CONSULTANT'S Project Manager for this Work Order assignment will be Mr. Raj Shanmugam,
P.E.
Cs
Submitted by: ---`
Raj Shanmugam, P -E, Pro`ect Manager
Reviewed and approval in concept recommended by:
Collin Worth, P.E., Bicycle Coordinator/Special Projects Assistant — City of Miami
Exhibit "B": "Tentative Project Schedule"
Data Collection and Review — 2 months
Develop Alignments and Recommendations — 2 months
Agency Coordination & Public Commenting — 3 months
Draft Report — 1 month
Final Report — 4 months
Exhibit "C": "Project Cost"
Study Costs
Metropolitan Planning Organization Match $48,000
City of Miami Match $12,000
Total Study Cost $60,000
Contract No:
Exhibit "D": "E-Verify"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
E-VERIFY
375-040-65
PROCUREMENT
01/11
Financial Project No(s):
Project Description:
Vendor/Consultant Miami acknowledges and agrees to the following:
Vendor/Consultant Miami shall utilize the U.S. Department of Homeland Security's E-
Verify system, in accordance with the terms governing use of the system, to confirm
the employment eligibility of;
1. all persons employed by the Vendor/Consultant Miami during the term of
the Contract to perform employment duties within Florida; and
2. all persons, including subcontractors, assigned by the Vendor/Consultant
to perform work pursuant to the contract with the Department.
Company/Firm Miami:
Authorized Signature:
Title:
Date:
Page 13