HomeMy WebLinkAboutR-79-0048RE8OLUPIoN NO. •' .J , 4: ...
RESOLUTtoN AUTHORIZING THE CITY MANAGER
To EXECUTE A CONTRACT WITH DADS COUNTY
FOR THE PROVISION EY THE CITY of M AMI
.oF PROFESSIONAL PLANNING SERVICES FOR
THE DOWNTOWN PEOPLE MOVER PRELIMINARY
ENGINEERING PROGRAM AND TO NEGOTIATE
A FEE FOR THOSE SERVICES NOT LESS THAN
$24,500.
WHEREAS, the City of Miami Commission on November 9,
1978, by Resolution 78-712, approved in principle the
1978=1984 Capital Improvement Program which specifically
designated $750,000 as the City of Miami 3% share of. the
development costs for a Downtown People Mover transportation
system; and
WHEREAS, Dade County has contracted with the consulting
firm of Gannett -Fleming and SKBB to provide preliminary.
engineering and design services for the Miami Downtown
People Mover Project; and
WHEREAS, the coordination of existing information,
current planning, City policy for future development, and
public involvement programs with the DPM engineering and
design program will require the full participation: of the
City of Miami in each phase of the project; and
WHEREAS, the Miami Planning Department:has available
essential information and
has participated in
planning of the DPM system;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY OF MIAMI, FLORIDA:
Section 1. That the City Manager is hereby authorized
to execute a contract with Dade County for professional
planning services by the City Planning Department for the
Downtown People Mover preliminary engineering and design
program and to negotiate a fee for those services and sub
preliminary.
"DOCK Mi
N R1
CONIMISSInEbNl F THE-
sequent amendment, not less than $24,500 to be
Dade County �' to the city of Miami,
Paid by
I CITY COMMISSION ^ ;
MEETING OF
JAN1 8 191
fitsoturviA01,2,„"J
WAssEb AN i AbOPIED thi§ _, 18th clay Of
PREPARED AND APPROVED BY:.
/16fIC
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J'ANIJAF2Y
MAtJRICE As FERRE
M A Y O R
! I Vi l 1 % L.
DOCUYENT;
FOLLOW"
to,
•
Joseph R. Crassie
City Manager
ith Reid, Director
Planning Department
cltY bt MIAtLos10A
01/21 tR=e0r't.MVIttfAbRAEJbUM
biti
Jaritiafy 9 , .109
bbWhtown People-MoVef`' Contract
sitr,,NCF.�.
Ewca.asci►+r..t:
PILL
Attached please find a Commission Resolution for approval and
the Contract presented to the City by Dade County for profes-
sional to be rendered by the City and design of the Downtown People
the
preliminary engineering
sional planning tPforlt
g
Mover System.
The Planning Department has, in its conversations with John
Dyer of Dade County Office of Transportation Administration
consistently maintained thata technical role must be provided
for the City in the forthcoming 15 month planning program for
the DPM. This is to assure formal and meaningful input by the
City into the complexand controversial effort ofdesigningand
building this new technological system into the downtown environ-
ment.
The Contract will engage the part-time efforts of Mr. Luft of our
staff and one full-time planner to manage the work tasks involved.
The Contract amount is for $24,500 for a 12 months period but the
possibility of the County finding additional monies for other
needed tasks not presently included has made it advisable to main-
tain the ability to amend the Contract to a higher dollar figure -
we suggest $40,000 as a limit.
It is requested that this be placed on the Commission Agenda o
January 18th.
DRAFT
PR6"FtSStbtwAL gE VtCE Ubtr` tACT
SUPPORTSERVIUEs_POR..PRttimINARy._..ENG'INttRINO
DOWNTOWN 1' bI tt_ MOVER
tETO'OLITAN bAD,E COUNTY „TRANSPORTATION tM' OV 3Rt T PROC
RAIK
This contract is entered into as of
by and between
METROPOLITAN DADE COUNTY-, FLORIDA, a public body, (hereinafter referred
to as "County') and the City of Miami, Florida, a public body of the
State of Florida, (hereinafter referred to as city)=
W I T N E S S E T H:
WHEREAS, Metropolitan Dade County has entered into certain agreements by
which funds of the Urban Mass Transportation Administration (UMTA), U. S.
Department of Transportation, are being provided to finance, in part,
Metropolitan Dade County's Transportation Improvement Program; and
WHEREAS, Metropolitan Dade County on`May 8, 1978, formally received authori—.
zation from the Administrator of UMTA, to proceed with Preliminary Engineer—
ing of a Downtown People Mover system in the City of Miami.
NOW, THEREFORE, the County and the City of Miami agree as follows:
Al
tPt4t1 tbNs,
The wotds atd tet s as used in this eo ittact shall have the following
Maatiings unless some other meaning is plainly and cleatiy intendedt
1►1 Oi_O
"GEC" Cleans General Engineering Consultant selected to perfotm
the work described in this contract agreement.
1.2
DOA
"DDA" means the Dountotm Development Authority of the City of
Miami Florida
1.3 CITY
"City" means the City of Miami, Florida
County
"County" means Metropolitan Dade County.
1.5 State
"State: means the State of Florida
1.6 UMTA
"UMTA" means Urban Mass Transportation Administration of U.
Department of Transportation.
1.7 FPR
"FPR" means the Federal Procurement Regulations.
1.8 Services
"Services" meansthe services described in ARTICLE II of this
contract.
1.9 Proiect
"SUPPORTIVE
DOCUMEN TS
FOLLOW"
'Project" means Preliminary Engineering of the Downtown People
Mover system for the. City of Miami.
1:10 Project Manager
"Project Manager" means the individual designated by the County
Manager who shall assume on behalf of the County responsibility
for the day-to-day administration of this Contract.
AATTaUt
$COPEoi 5tkVZEES,
2,0 C trto4
The County agrees to and hereby does tetaih and employ the City,
and City agrees to perform the following services, The City shall
not incur cost in connection With this Contract until a written
Notice to Proceed has been issued by the County to the City put-
suant to Article IV, Section 4,4,2 of this Contract, The project
is scheduled to be completed, unless otherwise agreed to by the
County, within- 15 months after Notice to proceed is ussed to the
GEC
2,1 SCOPE OF SERVICES
Detailed organization and methodology for, the accomplishment of
each task shall be subject to the approval of the County, Both
the City of Mia"tni and the Downtown Development Authority shall.
have responsibility for Tasks 1,1.4'and 5.3.1. The City shall
assign an individual who shall have responsibility for coordina,-
tion and completion of this work.
tip! 3 -if t t
.:
D}
F O LLO vV
The City and DDA shall also jointly accomplish Tasks 5.3.2 and
5.3.3-. The County shall assign development planning specialists
who will work with the City on these tasks.
Task 1.1.4
In coordination with other participating agencies analyze pro-
jections of the Dade County Comprehensive Development Master
Plan in order to recommend a consensus forecast of demographic
and development characteristics of the study area for target
years of 1985 and 2000.. Information shall be tabulated on a
block level format provided by the County and shall include
ground floor area, total area, number of units, and daytime
population for the following categories: retail sales, service
industry, office, wholesale sales, amusement outlets, manufactur-
ing, single family dwellings, two family dwellings, multifamily
ApieZlings, hotel/motel, educational institutions, hospitals, and
Yegious and cultural facilities. For other land use categories,
.y nt land, and recreational land, estimates of acreage involved
itdaily usage shall be developed. Produce a summary report
9ocumenting the forecasting methodology and assumptions.
Task 5.3.1
Evaluate the impact of DPM station location decisions on the
demographic analyses developed in. Task 1.1.4. Prepare and
submit to the County suggested impacts as appropriate.
Ta sic.,.?=
bevelop an assessheht of the market potential for Vaiva capture
projects itt relation to the tPM stations. Recotim td a program
of 3oint developtnett projects identifying for each project, its
market potential, political Constraints and economic factors
required for input into cosh flow attalyses to be conducted by
OTA►A1So, identify any noneconomic benefits which might accrue
as a result of implementation of each project, A detailed tt3ethoda
ology for this task shall be submitted to and approved by the
County prior to the initiation of this work.
Task _5, 3_._.
Recommend to the County procedures for the jointdevelopment of
DPM stations with other public agencies and with the private
sector.
Task:8.3.4_
Identify the cost implications of DPM deployment for municipal
services, Develop a program, cost estimates and funding sources
for DPM related capital improvements which are to be funded sepa-
rately from the DPM project. Analyze the effect of the DPM pro-
ject on municipal operating and maintenance expenses for the
downtown area. Produce'a summary report on the results of this
task.
Work Element 10.0
Provide assistance to the County as required to implement the
citizen participation and public information program.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
2. 2 P O. eT CONTh L Oif tkiNtN
2,2.1 The County shall designate a Ptojett Wager who shall
assiitre Oh behalf of the Couhty resp6htibility fbr the
day.,to day tethhical direction and admix isttatio, o€
this contract. General duties of the Project Manager
will include review of all technical products of the
City and project administration with the lit -tits of
this tontract. All correspondence and cottunic'ation
between the County and the City related to the project
scope will be issued by dr ditected to the Project
Manager. The Project manager is not authorited to
direct the City to accomplish any Mork not requited
by the contract not is he authotited to approve changes
in the contract on behalf of the County.
2 2.2 Schedules
Exhibit is a preliminary bar chart schedule of tasks
for the performance of work outlined in the Scope of
SerVices for this contract. This schedule shah be
used for progress monitoring and control of the Services
to be performed. For each task included in the schedule,
the following are provided:
• Description.
- Estimated duration in work days; and,
- Estimated manhour requirements
Contract submittal date requirements are indicated on
the schedules as well as on critical decision and
approval dates.
Should, at any time during the performance of specified
services, the Cityforesee any variance from the approved
schedule, he shall immediately submit a revised schedule
to the County for review and approval.
2.2.3 Cost Estimates
Exhibit is a preliminary estimate of costs for this
contract. The estimate is time -phased in accordance
with the preliminary bar chart schedule, to permit cost/
progress schedule monitoring and control. The estimate
has been developed for each task outlined in the Scope
of Services.
The estimate of costs shall be revised as required in
accordance with actual cost/progress/schedule performance.
The revised estimate shall be submitted to the County for
review and approval.
2, 2.4 trogresA_RoNttfi,
The City thaU submit tuattetiy prrogresa reports ih
writing to the Cout,ty by the fifth working day of the
Month following the close of the oaletidat tluattets
These reports shall include three pacts:
pa t l . A narrative discussion of all attitiities in
progress during the report period, including 1) do
brdinatioh with other agencies and totisultants; 2
activities by others, bVet which the city has no
control but which effect progress of the services;
3) services anticipated to be performed during the
tyeitt hotith 6
Partti G A narratiVe discussion of the schedule and
an estimate of the percent of completion of the services
including 1) start-up or completion date for all activi'
ties in the schedule; 2) for each activity, an estimate
of manpower and tnanhours utilized during and through
the report period; 3) for activities in progress, an
estimate of the manpower and manhours required to
complete; and 4) a percent completion for each activity
and for the total work through the report period,
Part III - Am:estimate of costs for each task including:
1) estimate cost for the report period; 2) estimated
cumulative cost through the report period; 3) estimated
cost to complete; 4) estimated total cost at completion;
5) approved budget (contract ceiling); 6) difference
between approved budget and estimated total cost com-
pletion; and 7) pending changes not included in the
estimated total cost at completion. In a narrative,
explain entries to items 6 and 7 if other than zero.
MI' For the performance of the Services, the County Shall COt 'iettsate the
city.
3,Or1 The costs thereof (hereinafter referred to as allowable costs)
determined by the County to be allowable in accordance With
(a) Subpart-1'''i5.7 (Grants and Contracts With State and Local
Governments) of the Federal Procurement Regulation as in
effect otl the date of this contract`, and
(b) The terns of this contract.
3.1 SPECIAL FACTORS AFFECTING THE ALLOWA}3ILITY _OF COSTS
Some factors affecting the allowability of costs are:
3.1,1 Direct Salaries and Wages
All direct salaries and wages of the City's personnel (excluding
fringe benefits) for time expended by such personnel in the per-
formance of Services shall specifically exclude overtime premium
pay,All reimbursable over tine work, whether or not payment of
a premium rate for overtime is required, shall be authorized in
writing by the cognizant official of the City.
3.1.2 Overhead
a. Fringe Benefits.- An allowance of % of total salaries
and wages included in 3.1.1 above. The allowance includes
payments to employees for authorized absences and employee
benefits in the form of employer's contributions on expenses
for social security, employees life and health insurance
plans, unemployment insurance coverage, workmen's compensation
insurance, pension plans, and severance pay.
b. Standard Indirect Rate- An allowance of 10% of total salaries
and wages included in 3.1.1 above to cover all indirect costs
(exclusive of fringe benefits included in a. above).
c. Other Direct Costs- All other direct costs which are reasonable,
necessary, and directly related to the performance of the Services.
Other cost considerations are as follows:
(1) Any purchase of a single item in excess of $500 shall require
prior written approval by the County.
"SUPPORTIVE
DOCUMENTS
FOLLOW
(2) Travel and subsistence expenses will be subject to the
limitations of 8ecti6n 112,061, Florida Statutes, All
travel of personnel pttformittg work is sub3ect to prior
written approval by the County►
(I) General purpose equipment, unless specifically authariged
in writing by the County, will not be considered as a
direct charge to the contract and is recoverable through
the standard overhead rate in 3,1,2 b, above,
j
`4) The procurement of special equipment hurt have prior
written approval by the County,
3,2 CEILINGS Afro OVE1IRU S
The total compensation to be: paid to the City by the County on account
of the Services as provided for in Section 30 shall not exceed the
amount of Twenty Four Thousand Five hundred Dollars
($24,500 )except to the extent said amount is increased by written
amendment to this contract. Said amount, as _it may be increased by
written amendment, is sometimes referred to in this contract as the
"Contract Ceiling."`
The City shall not be obligated to perform Services or to incur costs
which would cause its total compensation under this contract to exceed
the Contract Ceiling nor shall the County be obligated to reimburse the
City for costs which would cause the total compensation paid to the City
to exceed the Contract Ceiling. In the event the City provides Services
or incurs costs which would cause its compensation to exceed the Contract
Ceiling and said ceiling is thereafter increased by the County, the excess
compensation shall be eligible for payment by the County to the same extent
as if the Service or costs causing such excess had been performed or in-
curred subsequent to the increase in the ceiling.
If at any time the City has reason to believe that the costs which he
expects to incur in the performance of this contract in the next succeed-
60 days, when added to all costs previously incurred, will exceed 75 per-
cent of the total amount of the contract, the City shall immediately
notify the County in writing to that effect. The notice shall state the
estimated amount of additional compensation required to continue perform-
ance for the period set forth in Section 4.4.
Sixty days prior to the end of the period specified in Section 4.4.1, the
City will advise the County in writing as to the estimated amount of
additional compensation, if any, that will be required for the timely
performance of the work under the contract.
Changes issued by the County pursuant to Paragraph 4.9 hereof shall not
constitute authorizations by the County to exceed the Contract Ceiling
except to the extent that provisions to such effect are set. forth ,in
said changes.
l,VE
DOCUMENTS
FOLLOW
3, 3 tI HoD bF 'AY tN1
The compensation ptoVided tot in Seetioh 3t0 shall be paid by the
County to the City as folloWs, subject to the provisiohs of
Section 3,2,
3,3,1 The City shall submit monthly invoices to the County tot the
Compensation provided in paragraph 3,0.1, tech such monthly
invoice shall cover the reimbursable costs and expenses in
curred and recorded on the books of the City during the
preceding month, and the allowance for indirect expenses
(Fal:agraph 3, 1.2) accrued during the preceding month, Each
such invoice shall be, in such form and detail as the County
may reasonably require and shall be due and payable by the
County conditionally pending audit review and within thirty
(30) days after receipt by the County.
3.3,2 All compensation provided in Section 3,0 which retrains unpaid
after Final Acceptance of the Services by the County, shall be
paid to the City by the County, as adjusted for audit results,
within thirty (30) days after Final Audit by the authorized
representatives of the County,
3.4 FitiANCIAL RECORDS
3.4,1 The City shall maintaitl books, records, documents, and other
evidence and accounting procedures and practices, sufficient
to reflect properly all direct and indirect costs of whatever
nature claimed to have been incurred and anticipated to be
incurred for the performance of this contract until the
expiration of three (3) years from the date of final payment
under this contract. The system of accounting will be in
accordance with generally accepted accounting principles and
practices, consistently applied.
3.4.2 The City shall permit the authorized representatives of the
County, the State of Florida, the U.S. Department of Trans-
portation and the Comptroller of the United States to inspect
and audit all books, records, documents and other supporting
data and documentation relating to its performance under the
contract. These rights of audit shall extend for a period of
three (3) years following final payment under this contract..
3.4.3 In the event funds paid to the City under this contract are
subsequently properly disallowed by the County, or a State
or Federal Agency because of accounting errors or charges
not in conformity with this contract, the City shall refund
such disallowed amounts to the County promptly.
3,4,4 if the ti3tittact is cotapleted of partially tettnifiated, the
records telatitig to the work tetriit"iat:ed shall be litesetved.
and made available fer a period of three (3) years from
the date of airy tesulting fihal settlefneht.
3%4%5 Recotds which telate to appeals, litigate ti of the settletnetit
of claims atising out of the petfotthance of this cohtract, ot.
costs and eitpenses of this cohttact to which ecceptioh has
been taken by the County or any of its duly authorized tept eu.
sentatiVes, shall. be retained trail the eiipitation of three
(3) Feats ftom the date of final pay'rieht undet this contract
or until such appeals, litigation, claims or e:tceptiotis have
been disposed of, whichever occurs latet;
"SUPPORTIVE
RTIVE
FOCIU1\9,Y.
FOLLOW".
10 -
ttnkAt , ICYI t6Ng.
4.0 kEsptti5 bI1. `IY et THZ ,CtT'Y'_
4.0.1 ex1eY�risepthattdethe
reepoff skllceof caret�en�5vices; the City; Shall
' , diligence hot -orally
ekercised by recognised professionals With respect to the
performance of comparable Seices.
4.0.2 In its performance of the services; the City:
- Shall comply with all applicable laws And ordinance, in-
cluding applicable regulations of the County; State and
Federal Government
• Shall observe all relevant and pertinent governmental
regulations, including those in the current FPR subpart.
1-15.2 and the UMTA External Operating Manual.
4.1 DATA TO BE FURNISHED TO THE CITY
The County shall furnish to the City at its request, and in a timely
manner, all pertinent plans, reports, records; maps and supporting
data which are and which shall become available to the County and
which the City may require in performance of the Services.
4.2 PERSONNEL
4.2.1 If requested by the County, the City shall submit to the
County the qualifications of all personnel performing
Services under this Contract.
4.2.2 The County reserves the right to, direct the City; to remove
and reject nomination of any of its personnel from the per-
formance of the Services under this Contract. If such re-
moval is for cause, the costs shall be borne by the City.
4.3 PROJECT MANAGEMENT
The City shall appoint a qualified individual acceptable to the County
who shall be fully responsible for the day-to-day activities under
this Contract and who shall serve as the primary contact for the
County's Project Manager. "SUPPORT
4.4 TIME OF PERFORMANCE
4.4.1 Duration
DOCU MEN t
FOLLOVV"
The City shall perform the Services with due diligence and shall
complete the Services within calendar days after receipt
of the County's Notice to Proceed. In the event that performance
of the Services is delayed by iauses beyond the reasonable
control Of the City and without the fault or negligence of
the City ; the tithe and additional costs incurred for per..,
fortance of the Services shall be equitably adjusted to
reflect the extent bf such delay, provided that the City
shah have given the Cbunty written notice 'Within ten days
` Such notice shall include
Of coihthencetnent of such delay,
a description of the delay and the steps tb be taken by the
City and others to thitigate the effect of such delay,
4.4,2 Notice to Proeeed.
The City shall proceed with the work only upon the Cityls
receipt of written Notice to Proceed froth the County. The
Notice to Proceed shall state.. that portion of the Services
the City is authorized to perform,
4.5 PROGRESS RE PORT
4.5.1 The County shall be entitled at all times to be advised, at
its request, as to the status of work being done by the City
and of details thereof. The closest collaboration and co-
operation shall be maintained, by. the City with representa-
tives of the County and either party to the contract may
request and be granted a conference.
4.5.2 The City shall also submit quarterly progress reports per-
taining to Affirmative Action to the County no later than
the fifth working day following the end of the quarter. The
following reports shall be submitted quarterly on forms
provided by the County.
- EEO Employment Data Statistics (new hires, transfers,
terminations, promotions).
- Workforce Composition.
- Minority/Female Employment Recruitment Efforts.
- Minority Business Enterprise Utilization Report.
- Minority Business Enterprise Identification and Recruit-
ment Efforts.
4.6 OWNERSHIP OF DOCUMENTS AND EQUIPMENT
4.6.1 All finished and unfinished documents, data, studies, surveys,
drawings, specifications, maps, photographs, reports, books
and estimates gathered or prepared for or by the City pursuant
to this Contract shall be the property of the County without
restriction or limitation on their use. Original copies of
such shall be delivered by the City to the County upon final
acceptance or within 60 days after termination of the Services.
The City shall be permitted to retain, at its own cost, copies
of such items for its records; however, publication of this
material is subject to the written approval of the County.
DOCtjMr N
vt
4.6.2 'fahg ble itehis of honeonsuted equ ptett, materials, supplies
and futnishitflgs purchased by the City the Costs of %hith have
been teitibirsed to the City as a diteet cost pursuant to
Section 2#t shall be turned over to theCounty at co
pietion or earlier teiinaton of the Setvfoes of otherwise
disposed of as directed by the County and the proceeds of
any such disposal shall be ctedited to the County)
4 . / 'VINAL ACCSPTANCt
tV#hen the City+s Services have been completed, the city shall to advise
the County in writing. Within thirty (3O) days of receipt of such
notice, the County shall give the City written notice of any incom
pleted Services, upon completion of such Services, the City shall
again notify the County and, within the above specified time period)
the County shall give the City written notice of final acceptance or
notice that the specified unfinished Services have not yet been com-
pleted. In the latter instance, the foregoing procedure with respect
to such specified unfinished Services will be repeated. Iina1 accept-
ance shall not constitute a waiver or abandonment of any rights or
remedies available to the County under any other section of this
Contract,
4.8 TERMINATION, SUSPENSION AND SANCTIONS
4,8.1 Termination for Default
If through any cause within the reasonable control of the City
the City shall fail to fulfill in a timely and proper manner,
or otherwise violate any of the covenants, agreements or
stipulations material to this Contract, the County shall
thereupon have the right to terminate the Services then re-
maining to be performed by giving written notice to the City
of such termination which shall become effective upon receipt
by the City. In that event, all finished and unfinished docu-
ments, data, studies, surveys, drawings, maps, models, photo
graphs, reports and other work products prepared by the City
"SUPPORTIVE shall be promptly delivered to the County, who shall compensate
��r' 1� the City in accordance with ARTICLE III for all Services per
aformed by the City prior to termination.
FOLLOW" .
Notwithstanding the above, the City shall not be relieved of
liability to the County for damages sustained by the County
by virtue of any breach of the Contract by the City and the
County may reasonably withhold payments to the City for the
purposes of setoff until such time as the exact amount of
damages due the County from the City is determined.
4.8.2 Termination for Convenience of County
The County may, for its convenience, terminate the Services
then remaining to be performed at any time by giving written
notice to the City of such termination, which shall become
■
affective ttpoti teteipt by the City, in that event, ail
finished or unfinished doctt3°mente and other material§ as
deseribed in Seetion 4►8►1 than be promptly delivered to
the County, if the Cohttatt is terminated by the County as
provided irs this Serried 4 ►8 ►2, the County thail ebtpefsate
the City Lt aetardatice with At 'ICLl;. lil for all getviees
actuallyr' perf ormed by the City ► In addition, the City shah
be reimbursed for all. Costs incidental to Said terttihations,
including Without lithitation, demobilisation costs not other -
Wise reimbursed under these terminationprovisions. Suth
payments than be the total eitteht: of the County't liability
to the City upon a termination as provided for in this Section
4,8,2,
4,8,3 Sanctions f orNot compliance with Nondiscrimination Provisions
In the event of the City's noncompliance with the t;ondiscrifmina-
tion provisions of this Contract, the County shall impose such
Contract sanctions as it or the U. S. Department of Transporta-
tion may determine to be appropriate, including but not limited
to withholding of payments to the City under the Contract until
the City complies and/or cancellation, termination or suspension
of the Services, in whole or in part. In the event the County
cancels or terminates the Services pursuant to this Section
4.8.3, the rights and obligations of the parties shall be the
same as provided in Section 4.8.1.
4.9 CHANGES
The County may, from time to time, order changes in the Services and the
City shall promptly comply with each, such order in accordance with pro-
cedures to be established by the County.
Each such change shall be directed by a written change order signed by
the duly authorized representative of the County and accepted by the
authorized representative of the City. Said change order will provide'
an equitable adjustment in the time of performance and budget, as well
as any other provisions of this contract which are effected by said
change,order.
4.10 DISPUTES
4.10.1
PPORT{,F
('�� j
r t— r ��r..t
DOCU ,'r s - ;
F() ! E) eftt.
Except as otherwise provided in this Contract, any dispute
concerning a question of fact arising under this Contract
which is not disposed of by agreement shall be decided by the
County which shall mail or otherwise furnish a copy in writing
of the decision to the City. The decision of the County shall
be final and conclusive unless, within thirty (30) days from
the date of the receipts of such copy, the City mails or.other
wise furnishes to the County a written appeal addressed to the
County. The decision of the County or its duly authorized
representative, for the determination of such appeals, shall
be final and ceneiusive uhiesa datertined otherdise by a Mat
Of eompeteht jUriadiction. In CehhettiOn with any appeal proms
ceeding under this provision, the CitY shall be afforded an
opportunity to be heard and to offer tvidehee in support of
his appeal, pending final decision of a dispute heteutdet,
the city shall proceed diligently with the performance of the
Contract and in accordance with the County's decision.
4,12.E Failure to comply with this Disputes provision shall be cause
for termination it1 accordance with Section 4.10 of this Contract.
4.11 ,INSPECTION
The City shall permit the authorized representatives of the County,the
State of Florida, U. S. Department of Transportation and UMTA to inspect,
review and approve all work, tracings, plans, specifications, traps, data.
and records gathered or developed under this contract at any time within
the duration of the contract and within three (5) years after the final
acceptance or termination of, the Services.
4,12 ASSIGNENT, TRANSY ER OR SUBCONTRACTING
The City shall not assign any interest in this contract andshall not
r any rthe heyassignment or novation)
without the prior writtenconst of the County
4.13 CONFLICT
"SUPPORTIVE
L)OCUMEN �4.13.1S
FOLLOW}
4.13.2
OF INTEREST
The CitY covenants that it presently has no interest and shall
not acquire any interest, director indirectly, which would.
conflict in any manner or degree with the performance of the
Services. The City further covenants that in the performance
of this Contract, no person having any such interest shall
knowingly be employed by the City.
No member of or delegate to the Congress of the United States
shall be admitted to any share or part of this Contract or:to
any benefit arising therefrom.
4.14 IDENTIFICATION OF DOCUMENTS
All reports, maps, plans, drawings, specifications and other documents'
completed as a part of this Contract, other than documents exclusively
for internal use within the County or the City shall carry the follow
ing notation on' the front cover or title page (or, in case of maps, in.
the same block containing the name of the County):
"The preparation of this (report, map, plan, drawing, etc.) has been
financed in part through a grant from the U. S. Department of Trans-
portation, Urban Mass Transportation Administration, under the National
Mass Transportation Assistance Act of 1964, as amended." The notation
shall also include the date (month and; year) the document was prepared
and the name of the City, the County and the Florida DOT.
4415 MMMAL ,EMPIO ERT C_PPO t tfi'i' i' „Atli'? ,KNOAITl', (iS/NtSgLNtERPRlSt
ttmILIZATI N
4415,1 tquiql,tIVIOYMetit.PPPOtiltittY,
the City shall not discritnittate against any'ettployee ot.
applicant tot etnploytiett because of race, religion, color,
sew, age, ancestry, Marital status, physical handicap,
plate of birth, or national origin. The City shall take
affirtnatiVe actions to insure that applicants are employed
and that employees are treated during their employment,
without regard to their race, religion, color, sex, age,
ancestry, marital status, physical handicap, place of
birth or national origin, Such actions shall include,
but tot be limited to the following: employment, ups
grading, transfer or demotion; recruitment, or recruitment
advertising-; layoff or termination; rates of pay or other
forms of compensation and selection for training including
apprenticeship.'
The City agrees that in the performance of work authorized
under the terms of this Agreement, the City shall observe
the terms of all applicable Federal and State statutes and
regulations concerning equal employment opportunity and any.
judicial order or decree directed to the City construing or
enforcing same.
4.15,2 Minority Business Enterprises Utilization
(1) In connection with the performance of work authorized
under this Agreement, the City will use its best effort
to insure that qualified minority business enterprises
shall have equal opportunity to compete on any purchase
of materials and supplies and subcontract work authorized
by the City under this Agreement.
(2) For the purpose of this Agreement, the following terms
and
phrases shall have the meaning set forth below:
(a) Minority business enterprise, as used in this
Agreement means a business enterprise that is
owned and controlled by one or more minority
persons.
(b) Minority person, means a person who is Black,
Hispanic, Asian American, American Indian, Alaskan
native, or a woman regardless of race or ethnicity.
f SU3 POR t I /E
DOCUMENTS
FOLLOW"
Co)
11fE DocuiviENE
,rs
OLLO I I
hed atid„ tt ntiolled, as used itt this definition,
means a business whith is (1) asoieproprietor
ship legitimately owned by an individual who is
a minority person; (2) a pattnetship of 3oitit
Venture tonttolled by minority persons, and
which at least f if ty1ohe pet oeht (51 ') of the
beneficial ownership interests legitimately ate
held by minority persons, or () a eotpotation
of other entity controlled by tainotity persons,
andin which at least fifty‘ -one percent (51%) of
the Voting interests and fifty-one percent (51%)
of the beneficial ownetship interests legitimately
are held by minority persons
(d) Best _efforts, as used in this Agreement, means
(1) the City shall submit a written statement
expressing a commitment to utilize MBEs in all
aspects of procurement to the maximum extent
feasible, (2) the City shall show efforts to
insure that knout minority business enterprises
'will have an equitable opportunity to compete for
subcontracts, particularly by arranging solicita-
tions, time for the preparation of bids, quantities,
specifications and delivering schedules so as to
facilitate the participation of minority business
enterprises under this Agreement; (3) the City shall
keep records showing procedures which have been
adopted to comply with the minority business enter-
prise policies and obligations set forth in this
Agreement including awards to MBEs and specific
efforts to identify and award contracts to MBEs;
(4) the City, out of its oun volition has established
MBE's goals in its subcontracting and procurement
programs.
(3) The City agrees to submit to the County quarterly reports
showing:
(a) Total number and dollar value of all purchase or
materials and supplies, and subcontracted work.
(b) Number, addresses, scope of work, and dollar value
of all materials and supplies purchased from MBEs,
and all work subcontracted to MBEs.
(4) Failure by the City to carry out the requirements set
forth above shall constitute a breach of the contract,:
and may result in termination of the Agreement orsuch
other remedy as the County deems appropriate.
17 -
4.16.1 All cotMUnications relating to the dayto'day activities
shall be eithatged between the City pursuant to section
4► and the representative designated by the County,
4,16.2 All other Notices and cotnhuitications in writing required
or pertnitted hereunder tray be delivered personally to the
representatives of the. City and the County listed below or
tray be trailed by registered mail, postage prepaid, Until
clanged by notice in writing, all such notices and cottuti1°"
cations shall be addressed as follows:
John A, Dyer, Transportation Coordinator
Metropolitan bade. County
Office of Transportation Administration
44 West Flagler Street, l7th Floor
Miami, Florida 33130
City of -Miami
P. 0."Box 330708
Miami, Florida 33133
4,16.3 Notices hereunder shall be effective: on delivery if delivered
personally; on the day following postmark if mailed to an ad-
dress in the city of dispatch; and on the seventh day follow-
ing postmark if mailed to an address outside the city of
dispatch
4.17. PUBLICITY NEWS RELEASES
The City shall not, during or after performance of this Contract,
disseminate any information outside its organization regarding this
project or the Services without prior written approval of the County
or Project Manager.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
by their duly authorized representatives on the dates shown below their
respective signatures
City of Miami:
Metropolitan Dade County
ur i rt.. I\ i i kb ..�
t P tt n t
rU L;..LO\tA'„
By:
Title:
Date:
By:
Title:
Date:
18 -.
911 couATHoust: oprIce Or COUNTY MANAGe t
MIAMI, FLORIbA 33130`
ttLi 579--5311.
Mr, Jim Reid, AIP, Director
City of Miami Planning Department
P, 0. Bob: 330708
Miami, Florida 33133
Atta ed for your review is a revised rough draft of the proposed
agre ent between Metropolitan Dade County and the City of Miami.
This contract differs 'from the one given to you last month by
Simon Zweighaft in that Article III, pages 7 through 9, has been
added and Section 4.15, pages 16 and 17, has been added.
Items needed to complete the contract are underlined in red on these
pages. We are most anxious to bring this matter to a conclusion since
the General Engineering Consultant was given Notice to Proceed on
November 6, 1978 and delay in starting your work will have an adverse
effect on the project schedule.
To arrange a meeting to discuss the contract, please contact Simon.
Zweighaft at 579-3800.
JAD:njj
Enclosure
John A. Dy
Transport
"SUPPORTIVE
E
DOCUMENTS
FOLLOW
911 COURTHtDUSE
MIAMI, FLORIDA 33130
TEL: 5/9 5311
P:
OFFICE Off` COUNTY' MANAG E-
Mr. Jim Reid, AIP
Director City of Miami Planning Department
P, O. Box 330708
Miami, Florida 33133
001' 2 0 15(I
Dear Mr, Reid:
Attached is a rough draft of a work plan developed to allow participation in
the DPM preliminary engineering work program by the City of Miami and the
Downtown Development Authority. We have analyzed oiir budget and remaining
tasks to identify areas where we feel the technical experise of these agencies
can be most productively 'utilized.
The development of tasks and budgets identified below required reductions to
the budget for OTA work on this program. We -are most reluctant to increase
the indicated amounts since further reductions in the OTA budget might seri-
ously affect our ability to properly direct the work. We are willing to
discuss modifications to the scope, if you feel any of the identified areas
are not appropriate for your participation.
Task Purpose
1.1.4 Analyze demographic projections
for CBD for 1985 and 2000
5.3.1 Assess impact of station locations
on demographic projections
5.3.2 Prepare joint development program.
of projects
5.3.3 Recommend joint development
procedures to County
8.3.4 Estimate cost effects of DPM on
City projects and services
10.0 Assist in Citizen Participation and
Public Information Plan
Clerical and overhead costs
TOTAL
City DDA
$ 4,000 $ 2,000
1,000 500
3,000 5,000
3,500 3,500
1,000
-
6,000 4,000
6,000 6,500
$24,500 $21,500
79-48