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HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this day of , 2021, by and between the Miami -Dade Transportation Planning Organization ("TPO"), hereinafter called the TPO and the City of Miami, a municipal corporation of the State of Florida ("City"). The City and the TPO may each be referred to individually as a "Party" and may collectively be referred to as the "Parties." The TPO and the City of Miami have determined to jointly fund the Update of the City of Miami Bicycle Master Plan and the City of Miami has determined to provide the services for such study and its share of the costs thereof as provided below. WITNESSETH: ARTICLE ].00: The TPO does hereby retain the City of Miami to provide the services for the Update of the City of Miami Bicycle Master Plan, which services are described in Exhibit "A": "Scope of Services", and Exhibit "B": "Project Schedule". The parties further agree that the project costs are provided in Exhibit "C": "Project Cost." The E-Verify Certification provided in Exhibit "D" must be signed by the recipient. In addition, Exhibit "E": "Title VI Quarterly Progress Report" must be filled out and transmitted to the TPO on a quarterly basis concurrently with the Unified Planning Work Program schedule. The referenced exhibits are attached hereto and made 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 TPO and the City of 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 TPO agrees to furnish the City of 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. The City of Miami agrees to perform or cause to be performed, in a timely and professional manner, the work elements set forth in the above -enumerated Page 1 City of Miami Bicycle Master Plan Exhibits, in accordance with the Schedule set forth in Exhibit "B". Before initiating the work described in Exhibits "A", "B" and "C", the TPO Executive Director or her designee shall execute and issue the City ofMiami a Notice -to -Proceed with the work described in said Exhibits, such work to constitute performance of the Update of the City of Miami Bicycle Master Plan as set forth in said Exhibits. ARTICLE 3.00: The services to be rendered by the City ofMiami shall be commenced subsequent to the execution and issuance of the Notice -to -Proceed and shall be completed within eleven (11) months from the date of execution and issuance of the Notice -to -Proceed. ARTICLE 4.00: The City of Miami agrees to provide Project Schedule progress reports on a quarterly basis and in a format acceptable to the TPO Executive Director. The TPO Executive Director shall be entitled at all reasonable times to be advised, upon written request, as to the status of work being done by the City ofMiami and of the details thereof. Coordination shall be maintained by the City ofMiami with the TPO Project Manager and other representatives. Either parties to the agreement may request in writing and be granted a conference. The parties also agree to establish a Study Advisory Group comprised of stakeholders and led by the TPO's and City of Miami's respective Project Managers. ARTICLE 5.00: In the event there are delays on the part of the TPO as to the approval of any of the materials submitted by the City ofMiami or if there are delays occasioned by circumstances beyond the control of the City of Miami which delay the Project Schedule completion date, the TPO Executive Director or her designee shall grant the City of 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 the City 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 Exhibits. In the event there have been delays which would affect the project completion date or the completion date of any major Task Group, the City of Miami shall submit a written request to the TPO Executive Director or her designee twenty (20) days prior to the Page 2 City of Miami Bicycle Master Plan schedule completion date which identifies the reason(s) for the delay and the amount of time related to each reason. The TPO Executive Director or her 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 the City of Miami has not requested, or if the TPO Executive Director or her 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 proj ect will be made until a time extension is granted or all work has been completed and accepted by the TPO Executive Director or her designee. SUB ARTICLE 5.10: The failure of any parry to comply with its obligations hereunder shall be excused to the extent such party's performance has been rendered impossible as a result of: an act of God, strike, labor dispute, war, fire, earthquake, epidemic, pandemic, riots, act of public enemies, acts or threats of terrorism, action of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the party claiming protection by reason of such force majeure event ("Force Majeure Event"). The parry claiming protection by reason of such Force Majeure Event shall give written notice to the other parry as soon as practicable but no later than five (5) business days after the date the Force Maj eure Event occurred. ARTICLE 6.00: The City of 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 TPO, other than those costs negotiated within the limits and terms of this Agreement and upon approval by the TPO Executive Director, such specialists as the City of Miami may consider necessary. ARTICLE 7.00: The TPO shall not be liable for use by the City of 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 be jointly owned by the TPO and the City without restriction or limitation on their use; and shall be made available, upon request, by either Page 3 City of Miami Bicycle Master Plan party at any time. Copies of these documents and records shall be furnished to either party upon request, verbal or written, allowing reasonable time for the production of such copies. SUB ARTICLE 8.10: Records of costs incurred by the City of Miami and all sub -consultants performing work on the project, and all other records of the City of Miami and sub -consultants considered necessary by the TPO for proper audit of project costs, shall be furnished to the TPO upon request. Whenever travel costs are included in the performance of services set forth in Exhibits "A", "B" and "C", the provisions of Miami -Dade County Administrative Order 6-1, shall govern or Florida Statutes, whichever is more restrictive. The City of Miami shall allow public access to all documents, papers, letters, or other material, subject to the provisions of Chapter 119, Florida Statutes, made or received by the City ofMiami in conjunction with this Agreement. Failure by the City ofMiami to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the TPO Executive Director. ARTICLE 9.00: Title VI Compliance (Civil Rights Act of 1964) - During the performance of this agreement, the City ofMiami, for itself, its assignees and successors in interest, agree as follows: 1. Compliance with Regulations: The City of Miami shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The City of Miami, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The City ofMiami shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Page 4 City of Miami Bicycle Master Plan 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations made by the City of Miami, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the City of Miami of the City ofMiami's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. 4. Information and Reports: The City of Miami shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the City of Miami is in the exclusive possession of another who fails or refuses to furnish this information the City of Miami shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the City ofMiami's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the City of Miami under the contract until the City of Miami complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The City of Miami shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The City of Miami shall take such action with respect to any subcontract or procurement as the Page 5 City of Miami Bicycle Master Plan Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the City of Miami becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the City of Miami may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the City of Miami may request the United States to enter into such litigation to protect the interests of the United States. 7. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination Page 6 City of Miami Bicycle Master Plan on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the City of Miami must take reasonable steps to ensure that LEP persons have meaningful access to the City of Miami's programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits the City ofMiami from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 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". The City of Miami agrees to comply with the requirements of the Order and execute Exhibit "D". ARTICLE 10.00: The TPO agrees to pay the City of 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 TPO Executive Director may terminate this Agreement in whole or in part at any time the interest of the TPO requires such termination. SUB ARTICLE 11.10: If the TPO Executive Director determines that the performance of the City of Miami is not satisfactory, the TPO Executive Director shall have the option of (a) immediately terminating the Agreement or (b) notifying the City of Miami of the deficiency with a requirement Page 7 City of Miami Bicycle Master Plan 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 TPO Executive Director requires termination of the Agreement for reasons other than unsatisfactory performance of the City of Miami, the TPO Executive Director shall notify the City ofMiami in writing 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, the City of 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 TPO 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 form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. Title and paragraph headings are for convenient reference and are not a part of this Agreement. 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. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall control. 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 applicable local laws, codes, or regulations, 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, 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 or limitation of its use. ARTICLE 13.00: The City of Miami warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the City of Miami, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual Page 8 City of Miami Bicycle Master Plan 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 TPO Executive 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: The City of 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 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 TPO Executive Director or her designee and securing its consent. The City of 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 joint property of the TPO and the City. 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 TPO 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. TPO shall pay the City of Miami 42.9% of such Project Costs. The City of Miami shall be responsible for the remaining Costs. The City of Miami shall invoice TPO monthly for TPO's share of Project Costs in a format acceptable to the TPO Executive Director or her 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. The City of Miami shall invoice 100% of the TPO's share of the Project Cost upon completion of all Task Orders, Page 9 City of Miami Bicycle Master Plan as indicated under Exhibit "A". The total compensation to be paid by the TPO to the City of Miami hereunder shall not exceed Seventy -Five Thousand Dollars (575,000.00). SUB ARTICLE 16.10: By executing this agreement the City of Miami commits to fund the 57.1% 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 TPO Executive Director shall determine that reported costs by the City of Miami reflect inaccurate, incomplete or non -current costs. All such adjustments shall be made within sixty (60) days following the end of the Agreement and any adjustments shall be provided to the City in writing with sufficient detail explaining the reason(s) for said adjustments. 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 TPO Executive Director or her designee, whichever is later. ARTICLE 17.00: Standards of Conduct - Conflict of Interest - The City of 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 performed under this Agreement, which standards will be referred and made a part of this Agreement as though set forth in full. The City of Miami agrees to incorporate the provisions of this article in any subcontract into which it might enter with reference to the work performed. ARTICLE 18.00: The TPO Executive Director reserves the right to cancel and terminate this Agreement in the event the City of Miami or any employee, servant, or agent of the City of Miami is indicted or has direct information issued against her for any crime arising out of or in conjunction with any work being performed by the City of Miami for or on behalf of the TPO, 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 TPO Executive Director in conformity with the provisions of Article 8.00 hereof. The City of Miami shall be compensated for its services rendered up to the time of any such termination in accordance with Article 11.00 hereof. Page 10 City of Miami Bicycle Master Plan ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, the City ofMiami shall indemnify, defend, save, and hold harmless the TPO and its officers, agents, and employees from any and all claims, liability, losses and causes of action arising out of the City of Miami's negligence or other wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to indemnify the TPO for any liability or claims arising out of the negligence, performance, or lack of performance of the TPO. To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, the TPO shall indemnify, defend, save, and hold harmless the City ofMiami and its officers, agents, and employees from any and all claims, liability, losses and causes of action arising out of the TPO's negligence or other wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to indemnify the City of Miami for any liability or claims arising out to the negligence, performance, or lack of performance of the City ofMiami. ARTICLE 20.00: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. The term "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the Agreement, each party shall bear its own attorney's fees and costs. ARTICLE 21.00: Any notice, consent or other communication required to be given under this Agreement shall be in writing, and shall be considered given when delivered in person or sent by facsimile or electronic mail one (1) business day after being sent by reputable overnight carrier or three (3) business days after being mailed by certified mail, return receipt requested, to the parties at the addresses set forth below (or at such other address as a party may specify by notice given pursuant to this Section to the other party): To the TPO: Miami -Dade Transportation Planning Organization 150 West Flagler Street Suite 1900 To the City: City of Miami 444 SW 2nd Avenue loth Floor Miami, FL 33130 Page 11 City of Miami Bicycle Master Plan Miami, Florida 33130 Attn: Aileen Boucle, Executive Director E-Mail: Aileen.Boucle@mdtpo.org ARTICLE 22.00: Attachments: Exhibit "A", Scope of Services Exhibit "B", Project Schedule Attn: Arthur Noriega V, City Manager E-Mail: anoriegagmiamigov.com With copies to: City of Miami Office of the City Attorney 444 SW 2nd Avenue 9th Floor Miami, FL 33130 Attn: Victoria Mendez, City Attorney E-Mail: vmendezgmiamigov.com 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 Transportation Planning Organization. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 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. ARTICLE 23.00: No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. ARTICLE 24.00: Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each parry represents and warrants to the other that the execution and delivery of the Agreement and the performance of such parry's obligations and the certifications hereunder have been duly authorized, and that the Agreement is valid and legal agreement binding on such party and enforceable in accordance with its terms. This Agreement may be executed in any number of counterparts, each of which shall be Page 12 City of Miami Bicycle Master Plan deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf and other electronic signatures to this Agreement shall have the same effect as original signatures. IN WITNESS WHEREOF, the parties hereto have executed these presents this day of 52021. FOR MIAMI-DADE TPO: By: Aileen Boucle, Executive Director ATTEST: Miami -Dade TPO Clerk of the Board By: Zainab Salim Date: Date: Approved as to Form and Legal Sufficiency By: Assistant County Attorney Date: FOR: CITY OF MIAMI ATTEST: (Affix City Seal) BY: Todd Hannon, City Clerk Approved by City Attorney as to legal form and correctness: Victoria Mendez, City Attorney Arthur Noriega V, City Manager Approved as to Insurance Requirements: Ann -Marie Sharpe Director, Risk Management City of Miami Bicycle Master Plan Page 13 Exhibit "A": "Scope of Services" 1. Objective The City of Miami Bicycle Master Plan is an update to the City's 2009 Bicycle Master Plan. This update will meet today's challenges and opportunities. This updated plan will focus on developing cost feasible projects, that may be cost out over the next 20 years to be included in both local Capital Planning as well as for the County's Long -Range Transportation Plan. This effort will identify funding streams and identify policy and facility types to be updated. Study will review access to transit as a first mile, last mile and end of trip services. Further it will identify network connectivity gaps and opportunities to develop a safe, equitable, and accessible bicycle network. The objective of this effort is to modernize the City's bicycle facilities toolbox with a focus on improving access and availability of trails and protected bicycle lanes. This study will be an update to the 2009 City of Miami Bicycle Master Plan, using area plans studied through previous TPO efforts including but not limited to: • Downtown Bicycle and Pedestrian Mobility Plan • The Health District Bicycle and Pedestrian Mobility Plan • The Overtown/Wynwood Bicycle Pedestrian Mobility Plan • The Little Havana Bicycle and Pedestrian Mobility Plan • Wynwood Streetscape Master Plan • The I-395 Heritage Trail • TPO SMART Trails • TPO Protected Bicycle Master Plan • Biscayne Green, and TPO Flagler Trail • The Ludlam Trail Master Plan • This effort will also utilize the FDOT Bicycle Network Connectivity Plan • Roadway data collected by the City of Miami Some field review will be required however the existing data should reduce the need for extensive field review. This effort should also review City of Miami Resilience and Public Works typical sections for bicycle lanes and provide options for low stress bicycle boulevards, trails, and protected lanes. Review recent policy of Transfer of Development Density that allows for developers to get bonuses in Transit Oriented Development areas by extending bike lanes and trails, to extend access to SMART Plan stations. Review and prioritize the trails within the Miami Loop that are within the City. An effort should be made to examine possibility of Miami as a 15 Minute City. A review of Florida law regarding e-bikes and e-scooters considered bicycles, what impact could or should that have on facilities. Policy should be reviewed to identify what local policies including Transportation Control Measures or Transportation Demand Management could lead to increase bicycle mode share within the City. Review and update the League of American Bicyclists Bike Friendly City application, this is a rating sheet that helps identify what elements a city should focus on to be considered a bicycle friendly city. Page 14 City of Miami Bicycle Master Plan 2. Project Scope a. Task I — Study Administration and Coordination The Consultant will coordinate with the City of Miami to form a Study Advisory Committee (SAC) that includes representatives from: • Miami -Dade Transportation Planning Organization (TPO) • FDOT District Six Bicycle and Pedestrian Coordinator • Miami -Dade County Department of Transportation and Public Works Bicycle and Pedestrian Coordinator • City of Miami Planning Department • City of Miami Resilience and Public Works Department • Miami -Dade Trails Alliance • Transit Alliance • Additional qualified representatives may be added The Consultant will include members on the SAC to review and coordinate the development of the plan, provide input and guidance as the project develops and ensure information flow from the multi jurisdictional group. A maximum of three (3) SAC meetings will be held at key milestones during the project to present information and receive input. The first SAC event will be after the initial Literature Review period. The second SAC meeting will be following development of network & policy assessments, and additional community outreach. The third and final SAC meeting will occur following the development of the draft plan and additional community outreach. Deliverables: SAC meeting sign -in sheets, PowerPoint presentation and other support materials. b. Task 2 — Literature Review and Existing Data Gathering The Consultant will review identified literature and will understand previous efforts and existing policies. Including studies include those mentioned above as well as: • The Miami Bicycle Master Plan • Downtown Bicycle and Pedestrian Mobility Plan • The Health District Bicycle and Pedestrian Mobility Plan • The Overtown/Wynwood Bicycle Pedestrian Mobility Plan • The Little Havana Bicycle and Pedestrian Mobility Plan • 2045 Miami Dade Bicycle Pedestrian Master Plan • The Wynwood Streetscape Master Plan • The I-395 Heritage Trail • TPO SMART Trails • TPO Protected Bicycle Master Plan • Biscayne Green • TPO Flagler Trail • City of Miami Traffic Management Master • Previous applications to the League of American Bicyclists Bicycle Friendly Communities program • City of Miami Scooter Pilot data • City of Miami Citi Bike Data Page 15 City of Miami Bicycle Master Plan • American Community Survey bicycle mode share • City policy such as the Transfer of Development Density Deliverables: Develop a memo with the summary of findings, and outline of relevant elements to be integrated, as well as summary of the current state of cycling in Miami. Identify what opportunities for improving based on existing policies and best practices. c. Task 3 — Community Outreach The Consultant will host three (3) outreach efforts to gather input from residents, including bicyclists and gather feedback as to what the community wants to see developed in the master plan. The focus will be on bicycle commuters as the goal is to increase bicycle mode share and first/last mile connections. Consultant will develop an outreach plan to maximize the target audience prior to engaging. Additional opportunity to solicit feedback via Facebook and Twitter would provide additional input as well. The outreach plan will include presentations with City Administration and elected officials prior to City Commission presentation. Deliverables: Provide a community engagement plan. Coordinate public engagement meetings either virtually or if available in person, develop public feedback report. Plan should respond to public feedback. d. Task 4 — Policy Review and State of Practice The consultant will analyze existing bicycle related policies and identify best practices, in addition consultant will review existing typical sections in the City Resilience and Public Works Engineering Standards for bike lanes and provide versions for protected bike lanes and off -road trails. Consultant will develop guidelines for implementation based on best practice. Consultant will review and update the League of American Bicyclists Bicycle Friendly City application. Consultant will review City policy such as Transfer of Development Density, and Transportation Control Measures or Transportation Demand Measures and provide guidance to help reduce single occupancy vehicles and encourage an increase bicycle mode share. Deliverables: Develop a technical memorandum of the policy analyzed, provide an overview of what recommendations based on the Bicycle Friendly Application would help increase Miami as a more bicycle friendly community. Provide typical sections for implementation as well as policy suggestions. e. Task 5 - Bicycle Network Analysis The consultant will: • Analyze existing and planned bike network, as well as those proposed and identified in other reports. • Analyze the City roadway data and develop projects to build out the bicycle network • Identify safety concerns to reduce hazards • Identify needed bicycle share stations • Identify first and last mile access to transit facilities • Identify bicycle boulevard opportunities • Identify bicycle parking needs citywide as well as at transit facilities Page 16 City of Miami Bicycle Master Plan • Identify if any bicycle lanes should be upgraded to buffered or protected facilities, or trails. • Identify regional connectivity and access • Analyze the Transit Oriented Development map and the Transfer of Development Density policy allowing expansion with development of bicycle facilities. Deliverables: Develop a technical memorandum of the data analyzed, develop a map series of facilities, identify opportunity for improvements, develop recommendations. f. Task 6 — Develop Project Implementation Phasing Plan The consultant will review the recommended improvements and identify an implementation plan to complete the bicycle network connectivity plan. Some improvements may be accomplished through coordination with State, County, or private development for implementation of a project within their right-of-way, these should be identified for future coordination. Consultant will develop a project matrix based on safety, access, connectivity, and equity, or alternate focus if a best practice suggests. Project phasing should identify fund sources and generalized costs. Identified improvements should be laid out on a 20- year horizon. Deliverables: Develop a technical memorandum including a matrix of projects over a 20-year horizon and a map series to accommodate it. g. Task 7 — Develop Final Report and Executive Summary Upon completion of the previous tasks the consultant will incorporate the elements developed throughout the study to put together the final project report. A brief executive report will also be provided summarizing the report. Deliverables: Develop a Final Report and Executive Summary to be provided as study documentation. Page 17 City of Miami Bicycle Master Plan Exhibit "B": "Project Schedule" Proposed Project Schedule Months Task# Description 1 2 3 4 5 6 7 8 9 10 11 1 Study Administration and Coordination S S A S,A 2 Literature Review & Existing Data Gathering 3 Community Outreach C C C 4 Policy Assessment & State of Practice 5 Bicycle Network Assessment 6 Develop Project Implementation Phasing Plan 7 Develop Final Report D,C,CC F CC Notes: A = Indicates Presentation to TPO Advisory Committees S = Indicates Presentation to Study Advisory Group (SAG) D = Indicates Draft Report and Executive Summary F— Indicates Final Report and Executive Summary C— Indicates Public Outreach CC— Indicates Presentation to City Commission Exhibit "C": "Project Cost" Project Task Item Name Miami Dade TPO Matching Funds City of Miami Matching Funds Total 1 Study Administration and Coordination $15,000 $15,000 $30,000 2 Literature Review and Existing Data Gathering $10,000 $5,000 $15,000 3 Community Outreach $15,000 $15,000 $30,000 4 Policy Review and State of Practice $10,000 $20,000 $30,000 5 Bicycle Network Analysis $10,000 $20,000 $30,000 6 Develop Project Implementation Phasing Plan $10,000 $10,000 $20,000 7 Develop Final Report and Executive Summary $5,000 $15,000 $20,000 TOTALS: $75,000 $100,000 $175,000 Page 19 City of Miami Interlocal Agreement Final Draft 2-11-2021 Exhibit T" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION E-VERIFY Contract No: G 1073 Financial Project No(s): 493334-3-14-01 Project Description: FYs 2021 and 2022 Unified Planning Work Program Task III SMART Moves Program Vendor/Consultant City of Miami acknowledges and agrees to the following- Vendor/Consultant City of 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 City of Miami during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Vendor/Consultant City of Miami to perform work pursuant to the contract with the Department. Company/Firm: City of Miami Authorized Signature- Title- Date- Exhibit "E" Title VI Quarterly Progress Report Municipality: Title of Study: Work performed this quarter: % Work performed to date:% Reporting Period: through , 2020 1. Progress made this quarter: 2. Products completed this quarter as related to the approved Interlocal Agreement: (Provide copies if applicable) 3. Problems encountered/anticipated: 4: Schedule adherence: Yes or No (If not on schedule, please provide explanation) 5: Title VI Reporting Requirements (related to this study only�: Title VI Response # of Title VI complaints filed with the Municipality # of informal (verbal) complaints # of formal (written) complaints # of completed investigations conducted by the Municipality # of completed investigations with findings # of public meetings # of meetings held in low income or minority areas # of translation services provided # of interpreter services provided # Limited English Proficiency request received and services provided during public meeting Page 21 City of Miami Interlocal Agreement Final Draft 2-11-2021