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Interlocal Agreement MPO INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this I8tb day of August ,2004, by and between the Miami-Dade Metropolitan Planning Organization (MPO), hereinafter called the MPO and the City of Miami Beach, hereinafter called MIAMI BEA CH. That the MPO did determine that MIAMI BEACH is fully qualified to render the services contracted. WIT N E SSE T H: ARTICLE 1.00: The MPO does hereby retain MIAMI BEACH to furnish certain services in connection with the Miami Beach 16th Street Corridor Master Plan Studv, as described in Exhibit "A"; "Scope of Services", Exhibit "B"; "Tentative Project Schedule" and Exhibit "C": "Project Cost" attached hereto and made a part hereof as though fully recited herein. ARTICLE 2.00: The MPO and MIAMI BEACH 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, and Exhibit "C" Project Cost. The MPO agrees to furnish MIAMI BEACH 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 BEACH agrees to perform, 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". Before initiating the work described in Exhibits "A", "B", and "C", the MPO Director or his designee shall execute and issue MIAMI BEACH a Notice-to-Proceed with the work described in said Exhibits, such work to constitute performance of the Miami Beach 16th Street Corridor Master Plan Studv as set forth in said Exhibits. ARTICLE 3.00: The services to be rendered by MIAMI BEACH shall be commenced subsequent to the execution and issuance of the Notice-to-Proceed and shall be completed within one year from the date of execution and issuance of the Notice-to-Proceed. ARTICLE 4.00: MIAMI BEACH agrees to provide Project Schedule progress reports on a monthly basis and in a format 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 BEACH and of the details thereof. Coordination shall be maintained by MIAMI BEACH 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 MIAMI BEACH or if there are delays occasioned by circumstances beyond the control of MIAMI BEACH which delay the Project Schedule completion date, the MPO Director or his designee may grant MIAMI BEACH, 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 BEACH 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 Exhibits. In the event there have been delays which would affect the project completion date or the completion date of any major Task Group, MIAMI BEACH 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-to-Proceed. In the event contract time expires and MIAMI BEA CH 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 Miami Beaeh 16th Street Corridor Master Plan Study Page 2 extension is granted or all work has been completed and accepted by the MPO Director or his designee. ARTICLE 6.00: MIAMI BEACH 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 BEACH may consider necessary. MIAMI BEACH, however, shall not sublet, assign or transfer any work under this Agreement to firms, other cities, or individuals without the written consent ofthe MPO Director or his designee. ARTICLE 7.00: MIAMI BEACH shall not be liable for use by the MPO 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 these documents and records shall be furnished to the MPO upon request, verbal or written, allowing reasonable time for the production of such copies. SUB-ARTICLE 8.10:Records of costs incurred by MIAMI BEACH and all subconsultants performing work on the project, and all other records of MIAMI BEACH and sub consultants 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. MIAMI BEACH 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 Miami Beaeh 16'h Street Corridor Master Plan Study Page 3 BEACH in conjunction with this Agreement. Failure by MIAMI BEACH to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the MPO Director. ARTICLE 9.00: MIAMI BEACH 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. ARTICLE 10.00: The MPO agrees to pay MIAMI BEACH 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 terminate 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 BEACH is not satisfactory, the MPO Director shall have the option of (a) immediately terminating the Agreement or (b) notifying MIAMI BEACH of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. SUB-ARTICLE 11.20: If the MPO Director reqUIres termination of the Agreement for reasons other than unsatisfactory performance of MIAMI BEA CH, the MPO Director shall notifY MIAMI BEACH 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 terminated before performance is completed, MIAMI BEACH shall be paid for the work satisfactorily performed. Payment is not to exceed the prorated amount of the total agreement amount based on work satisfactorily Miami Beaeh 16th Street Corridor Master Plan Study Page 4 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 form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. ARTICLE 13.00:MIAMI BEACH warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for MIAMI BEACH, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm 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 term "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 BEACH 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 disclosed any of the data or other information obtained or furnished in compliance with this 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 BEACH 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. Miami Beaeh J(Jh Street Corridor Master Plan Study Page 5 ARTICLE 15.00:The MPO shall not expend money, incur any liability, or enter into any contract which, by its tenns, 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:Method of compensation - It is mutually agreed and understood that the following provision shall be applicable to this Agreement MIAMI BEACH shall invoice monthly in a fonnat acceptable to the MPO Director or his designee and shall be paid as a percent ofthe fixed fee equal to the portion of the service complete pursuant to each Task Order executed in accordance with Article 2.00. MIAMI BEACH shall invoice 100% of the fixed fee upon completion of all Task Orders, as indicated under Exhibit "A". The total project cost is $75,000.00, including $30,000.00 match from MIAMI BEACH. The compensation to be paid to MIAMI BEACH shall not exceed $45,000.00, as indicated in Article 10.00 hereof. SUB-ARTICLE 16.10: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 detennine that reported costs by MIAMI BEACH 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 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 BEACH 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 perfonned under this Agreement, which standards will be reference be made a part of this Agreement as though set forth in full. MIAMI BEACH agrees to incorporate the provisions of this article in any subcontract into which it might enter with reference to the work perfonned. ARTICLE 18.00:The MPO Director reserves the right to cancel and tenninate this Agreement in the event MIAMI BEA CH or any employee, servant, or agent of MIAMI BEA CH is indicted or has Miami Beaeh 16th Street Corridor Master Plan Study Page 6 direct information issued against him for any crime arising out of or in conjunction with any work being performed by MIAMI BEACH 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 BEACH 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 BEACH shall indemnify and save harmless the MPO from any and all claims, liability, losses and causes of action arising out of MIAMI BEACH'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 performance ofthe 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 BEACH 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 MIAMI BEA CH for any liability or claims arising out to the negligence, performance, or lack of performance of MIAMI BEACH. 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 Miami Beaeh 16'h Street Corridor Master Plan Study Page 7 No alteration, change or modification of the tenns 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 18th day of August ,2004. ATTEST: MIAMI-DADE COUNTY FLORIDA ATTEST: CITY OF MIAMI BEACH By: By: ~ut~ r~~ MIAMI BEACH City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION b-16-oY' Date Miami Beaeh 16th Street Corridor Master Plan Study Page 8 EXHIBIT "A" SCOPE OF SERVICES FOR T ASK I - MASTER PLAN SERVICES SIXTEENTH (16) STREET CORRIDOR PROJECT OBJECTIVES: . General: The 16th Street Corridor Master Plan will conduct the necessary surveys, tests, data collection, pedestrian and traffic counts, road characteristics inventory (RCI), and analysis needed to prepare recommendations, conceptual design, preliminary cost estimates and timelines for the improvements and enhancements being proposed for the corridor, among them: o Operational and safety improvements to the corridor, intersections and signalization. o Drainage, milling, resurfacing and striping of roadway, plus sidewalk and curb/gutter improvements. Sixteenth Street was last resurfaced over 20 years ago. o Feasibility of including a bicycle lane as the neighborhood's east-west connector to the Atlantic Greenway Trail (coastal bikeway system). o Corridor enhancements such as traffic calming, bulb-outs, pedestrian crosswalks, shade streetscaping. . Livable Communities: The Master Plan will take into consideration the mixed-use character of the area and apply "livable community" principles to the Master Plan's preliminary design concepts to ensure that the neighborhood residents and area patrons (pedestrian, bicyclists, park & riders, etc.) will be safer and feel safer as they traverse 16th Street on their way to/from home, places of employment, shopping, entertainment, and sports/leisure activities. . Mobility: The Master Plan will also take into consideration the need for mobility through the corridor due to the fact that it connects the hotel area of SR AlA/Collins Avenue with SR 907/Alton Road, and the Flamingo Neighborhood to Lincoln Road and the City's Civic/Convention Center area. . Recommendations: The Master Plan recommendations will be based on results of a comprehensive study/analysis of the impacts to the road and adjacent areas, due to the corridor opening to Collins Avenue, back in 1998. . The Master Plan will also include a cost estimate, a preliminary project schedule, and an executive summary. PREVIOUS WORK: o In 1998, the 16th Street corridor was opened from Washington Avenue to Collins Avenue, as part of a public-private economic development initiative to bring a convention-quality hotel to Miami Beach. This provided an additional and valuable east-west through corridor in South Beach. o Both the Miami Beach Comprehensive Plan and the Municipal Mobility Plan include the 16th Street Project as MMP Project #33. o In addition, the Project is an essential element of the South Beach Transportation Concurrency Management Area (SoBe TCMA) Plan, thereby suitable to receiving Concurrency Mitigation Program funds (local match). o The 16th Street Project has been awarded $100,000 in Florida Department of Transportation (FDOT) funds, under the FY 2003 Transportation Outreach Program (TOP), matched with $25,000 in Concurrency Mitigation-South Beach funds. The TOP funds will be utilized for design services. METHODOLOGY: TASK 1.1 Define Goals/Objectives · Kickoff Meeting (consultant and City staff) · Conduct Data Collection and Analysis of the 16th Street Corridor: Traffic counts (W eekday/W eekend) Speed data Vehicles classifications Accident and crash reports Intersection turning movements Level-of-service analysis Seasonal adjustments Roadway characteristic inventory Pedestrian counts Parking inventory Drainage condition Other utilities replacement Landscaping inventory Operational improvements Urban design opportunities Findings/recommendations · Define goals and objectives for the study pursuant to results ofthe data collection and analysis. 2 TASK 1.2 TASK 1.3 TASK 1.4 Develop 16th Street Corridor Conceptual Plan · Meet with Technical Committee to review the previously-defined goals and objectives and conduct a visioning session for the project. · Develop a conceptual plan, based on input received from the Technical Committee. · Present conceptual plan to the Transportation and Parking Committee. · Hold Community Workshop No.1 to present the conceptual plan and receive community input. Draft 16th Street Master Plan and Draft BODR * · Pursuant to input received at the three meetings, above mentioned, prepare a Draft Master Plan/BODR for the project. · Meet with the Technical Committee for draft plan review. · Presentation/final discussions w/Transportation & Parking Committee · Hold Community Workshop No.2 to receive final input. Final 16th Street Master Plan and Final BODR * · Prepare a final Master PlanIBODR which will include final input from Technical Committee, Transportation & Parking Committee, and Community. · Review Master Plan with City and applicable regulatory agencies · Present the Final Master PlanIBODR at City Commission Meeting for adoption. · Presentation of adopted Master Plan/BODR to the MPO's Transportation Planning Council. Recap of all meetings to be conducted under Task I. Methodology: Kick-off meeting Technical Committee Meetings City Transportation & Parking Committee Community Workshops Master Plan review with regulatory agencies City Commission Meeting Presentation to MPO's TPC END PRODUCTS: 1 3 2 2 3 (City, County, and State) 1 .J. 13 meetings A Master Plan for a 16th Street Corridor Project which will ultimately help the City achieve and further its transportation, safety, mobility and quality of life (livable communities) goals for the South Beach area, being: o A conceptual plan o A Draft Master Plan, Cost Estimate, Project Schedule, and Executive Summary o A Final Master Plan, Cost Estimate, Project Schedule, and Executive Summary 3 A draft Basis of Design Report (BODR) shall be prepared for the 16th Street Corridor Project presenting the results of the Community Design Workshops, including a summary of findings and a map illustrating all proposed improvements under the current phase (Master Plan) of the project; and a final BODR which will include the revisions implemented during reviews with City and regulatory agencies. The BODR will serve as the basis for development of detailed design documents. CITY PROJECT MANAGER: Amelia Johnson PARTICIPATING AGENCIES: City of Miami Beach Metropolitan Planning Organization Florida Department of Transportation Miami-Dade County Public Works 4 EXHIBIT "B" PROJECT SCHEDULE Miami Beach 16th Street Corridor Master Plan Study TASK 1-1: Define Goals/Objectives ITASK 1-2: IDevelop Conceptual Plan Months 5 6 7 8 9 10 11 I~ ~ ~ ITASK 1-3: I Draft Master Plan ITASK 1-4: I Final Master Plan EXHIBIT "C" PROJECT BUDGET Miami Beach 16th Street Corridor Master Plan Study TASK 1-1: Define Goals/Objectives $ 34,000 TASK 1-2: Develop Conceptual Plan $ 17,000 TASK 1-3: Draft Master Plan $ 10,000 TASK 1-4: Final Master Plan $ 14,000 TOTAL $ 75,000