HomeMy WebLinkAboutExhibit 1INTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2012, by
and between the Miami -Dade. Metropolitan Planning Organization (MPO), hereinafter called the
MPO and the City of Miami, hereinafter called Miami.
That the MPO and Miami have determined to jointly fund the Overtown/Wvnwood
Bicvcle/Pedestrian Mobility Plan and that Mianzi has deteiniined to provide the services for
such study and its share of the costs thereof as provided below.
WITNESSETH:
ARTICLE 1.00: The MPO does hereby retain Miami to provide the services for the
Overtown/Wynwood Bicycle/Pedestrian Mobility Plan, which services are described in Exhibit
"A": "Scope of Services", and Exhibit "B": "Tentative Project Schedule". The parties further
agree that the project costs are provided in Exhibit "C": "Project Cost." In addition, the E-Verify
Certification provided in Exhibit "D" must be signed by the recipient. The referenced exhibits are
attached hereto and made a part hereof as though fully recited herein. Article 16.00 governs each
parry's obligations for its portion of the Project Cost.
ARTICLE 2.00: The MPO and Miami mutually agree to furnish, each to the other, the
respective services, infoxuiation and items as described in Exhibit "A" Scope of Services, Exhibit
"B" Tentative Project Schedule, Exhibit "C" Project Cost and Exhibit "D" E-Verify Certification.
The MPO agrees to furnish Miami and its duly designated representatives infoinuationincluding,
but not limited to, existing data and projects related to the study area which may be available in
other governmental offices. Miami agrees to perform or cause to be performed, in a timely and
professional manner, the work elements set forth in the above -enumerated Exhibits, in
accordance with the Schedule set forth in Exhibit "B".
R \. '
Before initiating the work described in Exhibits "A", "B" and "C", the MPO Director or his
designee shall execute and issue Miami a Notice -to -Proceed with the work described in said
Exhibits, such work to constitute performance of the Overtown/Wvnwood Bicycle/Pedestrian
Mobility Plan as set forth in said Exhibits.
ARTICLE 3.00: The services to be rendered by Miami shall be commenced subsequent to the
execution and issuance of the Notice -to -Proceed and shall be completed within _twelve (12)
months from the date of execution and issuance of the Notice -to -Proceed.
ARTICLE 4.00: Miami 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 and of the details
thereof. Coordination shall be maintained by Miami with representatives of the MPO. Either
parties to the agreement may request and be granted a conference.
ARTICLE 5.00: In the event there are delays on the part of the MPO as to the approval of any
of the materials submitted by Miami or if there are delays occasioned by circumstances beyond
the control of Miami which delay the Project Schedule completion date, the MPO Director or his
designee may grant Miami, by a letter an extension of the contract time, equal to the
aforementioned delays, provided there are no changes in compensation or scope of work.
It shall be the responsibility of Miami to ensure at all times that sufficient contract time remains
within which to complete services on the project and each major Task Group as designated with
roman numerals on the 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 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-
MPO54/UPWP FY2012/Interlocal Agreement Overtown-Wynwood Bicycle -Pedestrian Mobility Plan
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to -Proceed.
In the event contract time expires and Miami has not requested, or if the MPO Director or his
designee has denied an extension of the completion date, partial progress payments will be
stopped on the date time expires. No further payment for the project will be made until a time
extension is granted or all work has been completed and accepted by the MPO Director or his
designee.
ARTICLE 6.00: Miami shall maintain an adequate and competent professional staff and may
associate with it, for the purpose of its services hereunder, without additional cost to the MPO,
other than those costs negotiated within the limits and terms of this Agreement and upon
approval by the MPO Director, such specialists as Miami may consider necessary.
ARTICLE 7.00: The MPO shall not be liable for use by the Miami of plans, documents, studies
or other data for any purpose other than intended by the terms of this Agreement.
ARTICLE 8.00: All tracings, plans, specifications, maps, and/or reports prepared or obtained
under this Agreement shall be considered research and shall become the property of the MPO
without restriction or limitation on their use; and shall be made available, upon request, to the
MPO at any time. Copies of 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 and all subconsultants
performing work on the project, and all other records of Miami and subconsultants
considered necessary by the MPO for proper audit of project costs, shall be furnished to the
MPO upon request.
Whenever travel costs are included in the performance of services set forth in Exhibits "A",
"B" and "C", the provisions of Metropolitan Miami -Dade County Administrative Order 6-
1, shall govern or Florida Statues, whichever is more restrictive.
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Miami shall allow public access to all documents, papers, letters, or other material subject
to the provisions of Chapter 119, Florida Statutes, and made or received by Miami in
conjunction with this Agreement. Failure by Miami to grant such public access shall be
grounds for immediate unilateral cancellation of this Agreement by the MPO Director.
ARTICLE 9.00: Miami shall comply with all federal, state, and local laws and ordinances
applicable to the work or pays -lent for work thereof, and shall not discriminate on the grounds of
race, color, religion, sex, or national origin in the performance or work under this contract.
SUB -ARTICLE 9.10: On January 4, 2011, Governor Rick Scott signed Executive Order
Number 11-02 relating to verification of employment status (the "Order"). The Order
directs all agencies under the direction of the Governor to include as a condition of all state
contracts a requirement that the contracting party utilize the U.S. E-Verify system to "verify
the employment of: (a) all persons employed during the contract term by the contractor to
perform work pursuant to the contract with the state agency". Miami Gardens agrees to
comply with the requirements of the Order and execute Exhibit "D".
ARTICLE 10.00: The MPO agrees to pay Miami compensation as per Article 16.00 of this
Agreement and Exhibits "A", "B" and "C", attached hereto and made a part hereof.
ARTICLE 11.00: The MPO Director may terminate this Agreement in whole or in part at any
time the interest of the MPO requires such teu uination.
SUB -ARTICLE 11.10: If the MPO Director deteumines that the performance of Miami is
not satisfactory, the MPO Director shall have the option of (a) immediately terminating the
Agreement or (b) notifying Miami of the deficiency with a requirement that the deficiency
be corrected within a specified time, otherwise the Agreement will be teiniinated at the end
of such time.
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SUB -ARTICLE 11.20: If .the MPO. Director requires termination of the Agreement for
reasons other than unsatisfactory performance of Miami, the MPO Director shall notify
Mianzi 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 teuuinated before performance is completed,
Miami shall be paid for the work satisfactorily performed. Payment is not to exceed the
prorated amount of the total share of the project costs to be paid by MPO as provided in
Article 16.00 agreement amount based on work satisfactorily completed. Such
determination shall be based and calculated upon a percentage allocation of total project
cost, by major Task Group.
ARTICLE 12.00: All words used herein in the singular foitu 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 warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for Miami, to solicit or secure this Agreement,
and that it has not paid or agreed to pay any person, company, corporation, individual or 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 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
MP054/UPWP FY20 12/Interlocal Agreement 0vertown-Wynwood Bicycle -Pedestrian Mobility Plan
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disclosed any .of the data or other infoiivation 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 also agrees that it
shall not copyright or patent any of the data and/or information furnished in compliance with this
Agreement, it being understood that, under Article 8.00 hereof, such data or information is the
property of the MPO. This Section shall not be construed to limit or restrict public access to
documents, papers, letters or other material pursuant to Article 8.10 of this Agreement.
ARTICLE 15.00: The MPO shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure. Any contract, verbal or written, made in violation of this
subsection shall be null and void, and no money shall be paid on such contract.
ARTICLE 16.00: Payment of project costs - It is mutually agreed and understood that the
Project Costs shall be as provided in Exhibit C . MPO shall pay Miami 80% of such Project
Costs. Miazzzi shall be responsible for the remaining 20% of such Costs. Miami shall invoice
MPO monthly for MPO's share of Project Costs in a format acceptable to the MPO Director or
his designee and shall be paid therefore on a percentage of completion basis for each Task
described in the Notice -to -Proceed executed inaccordance with Article 2.00. Miarzzi shall
invoice 100% of the MPO's share of the Project Cost upon completion of all Task Orders, as
indicated under Exhibit "A". The total compensation to be paid by the MPO to Miami hereunder
shall not exceed $48, 000.
SUB -ARTICLE 16.10: By executing this agreement Miami commits to fund the $12,000
local share minimum of this agreement as specified in Exhibit C.
SUB ARTICLE 16.20: It is agreed that said compensation provided in Article 16.00
hereof shall be adjusted to exclude any significant sums where the MPO Director shall
determine that reported costs by Miami reflect inaccurate, incomplete or non -current costs.
All such adjustments shall be made within 60 days following the end of the Agreement.
MP054/UPWP FY2012/Interlocai Agreement Overtown-Wynwood Bicycle -Pedestrian Mobility Plan
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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 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. 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 MPO Director reserves the right to cancel and terminate this Agreement
in the event Miami or any employee, servant, or agent of Miami is indicted or has direct
information issued against him for any crime arising out of or in conjunction with any work
being performed by Miatni for or on behalf of the MPO, without penalty. It is understood and
agreed that in the event of such teiinination, all tracings, plans, specifications, maps, and data
prepared or obtained under this Agreement shall immediately be turned over to the MPO Director
in conformity with the provisions of Article 8.00 hereof. Miami shall be compensated for its
services rendered up to the time of any such termination inaccordance with Article 11.00 hereof.
ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within
Florida Statutes Section 768.28, Miami shall indemnify and save harmless the MPO from any
and all claims, liability, losses and causes of action arising out of Miami 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, perfounance, or lack
of performance of the MPO.
To the extent permitted by law, and subject to the limitations included within Florida Statutes
Section 768.28, the MPO shall indemnify and save harmless Miami from any and all claims,
liability, losses and causes of action arising out of the MPO's negligence or other wrongful acts in
MPO54/UPWP FY2012/Interlocal Agreement Overtown-Wynwood Bicycle -Pedestrian Mobility Plan
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the performance of this agreement. However, nothing herein shall be deemed to indemnify
Miami for any liability or claims arising out to the negligence, performance, or lack of
performance of Miami.
ARTICLE 20.00: This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
ARTICLE 21.00:
Attachments:
Exhibit "A", Scope of Services
Exhibit "B", Project Schedule
Exhibit "C", Project Budget
Exhibit "D", E-Verify Certification
MPO54/UPWP FY2012/Interlocal Agreement Overtown-Wynwood Bicycle -Pedestrian Mobility Plan
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No alteration, change or modification of the terms of this Agreement shall be valid unless made
in writing, signed by both parties hereto, and approved by the Governing Board of the
Metropolitan Planning Organization.
This Agreement, regardless of where executed, shall be governed by and construed according to
the laws of the State of Florida and venue shall be in Miami -Dade County, Florida.
IN 'WITNESS 'WHEREOF, the parties hereto have executed these presents this day of
, 2012.
ATTEST: MIAMI-DADE COUNTY FLORIDA
By The Governing Board of
Metropolitan PlanningOrganization(1MIPO)
By: Print Name
Director, MPO Secretariat
ATTEST: CITY OF MIAMI
By: Print Name Johnny Martinez, P.E.; City Manager
Miami Authorized Representative
By: Print Name Collin Worth, Project Manager
Miami Project Manager
*See attached additional signature page*
MP054/UPWP FY2012/]nterlocal Agreement Overtown-Wynwood Bicycle -Pedestrian Mobility Plan
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City of Miami, a municipal
ATTEST: corporation of the State of Florida
Priscilla A. Thompson, City Clerk
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie O. Bru, City Attorney Calvin Ellis, Director
Risk Management Department
Page 9a
Exhibit "A": "Scope of Services"
(.OBJECTIVE
Prepare a bicycle/pedestrian mobility plan for the Overtown and Wynwood Neighborhoods
(see attached map)
II.BACKGROUND
Overtown and Wynwood are composed of several neighborhoods, including Old San Juan,
Midtown, Wynwood Industrial District, Rainbow Village, Northeast Overtown, Town Park,
Civic Center, Media Art Entertainment, Culmer, Southeast Overtown, Parkwest, and
Lummus Park. The central urban neighborhoods are growing, and attracting many
residents whom rely on transit, walking, and bicycling. This study is aimed to identify
potential and feasible improvements to improve mobility and safety of walkers and
bicyclists.
III.METHODOLOGY
1.Task 1: Literature Review
Review and summarize existing transportation and development plans relevant to the
study area and those connecting to the study area (including DDA Bicycle Pedestrian
Mobility Plan, Health District Bicycle and Pedestrian Mobility Plan, the City of Miami
Bicycle Master Plan, the MPO Bicycle/Pedestrian Master Plan, Long Range
Transportation Plan and Transportation Improvement Program), the Overtown/Park
West Redevelopment Plan and other relevant documents. .
2.Task 2: Steering Committee
The consultant will participate in three steering committee meetings to be coordinated
by the City of Miami. The meetings will be held as part of Task 6 (Problem
Identification), Task 7 (Recommended Improvements), and Task 8 (Final Report).
3.Task 3: Project Website
The consultant will work with the City of Miami to develop a project website for the
distribution of project data and solicitation of input from the public.
4.Task 4: Data Collection and Analysis
The consultant will develop a project base map (including streets, sidewalks, crosswalks,
off -road paths, pass-throughs, transit stops, bike parking locations, and planned or
funded improvements). The consultant will collect the data necessary data and
calculate bicycle and pedestrian Levels of Service (LOS) for streets within the DDA area.
The consultant will prepare a photo log of conditions. The consultant will survey
pedestrians and bicyclists (including workers, residents and students) on attitudes,
MP054/UPWP FY20 I 2/Interlocal Aa eement Overtown-Wynwood Bicycle -Pedestrian Mobility Plan
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problems and perceptions of walking and bicycling in the DDA area. The consultant will
conduct 2-hour bicycle and pedestrian counts at ten sites. The consultant will collect
and summarize bike and pedestrian traffic crash data and transit boarding data for
stops within the study area.
5.Task 5: Establish Goals and Objectives/Problem Identification
The consultant will work with the Steering Committee to develop bicycle and
pedestrian mobility goals and use them with the data collected in Task 4 to identify
problems and deficiencies.
6.Task 6: Recommended• Improvements
The consultant will recommend a list of short and long-term improvements, including
an assessment of costs and other impacts, based on the data and analysis from Task 4
and input from the Steering Committee.
7.Task 7: Final Report and Dissemination
A final report, executive summary and PowerPoint presentation will be prepared and
presented to the MPO Bicycle/Pedestrian Advisory Committee and Transportation
Planning Council, and City of Miami Community Redevelopment Agency.
MP054/UPWP FY20I2/Interloca] Agreement Overtown-Wynwood Bicycle -Pedestrian Mobility Plan
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MP054/UPWp FY2012/Interlocal Agreement Overtown-Wynwood Bicycle -Pedestrian Mobility Plan
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Exhibit "B.":"Tentative Project Schedule"
The City will complete this work within twelve (12) months from the issuance of the Notice to
Proceed. ti
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Exhibit "C": "Project Cost"
MPO Municipal Grant Program: $48,000
Local Match $12,000
TOTAL $60,000
MP054/UPWP FY2012/Interlocal Agreement Overtown-Wynwood Bicycle -Pedestrian Mobility Plan
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Exhibit "D": "E-Verify"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
E-VERIFY
375-040-68
PROCUREMENT
01/11
Contract No: A5117
Financial Project No(s): 4239151, 2522051
Project Description: FY 2013 Unified Planning Work Program Task 8.6 Municipal
Grant Program
Vendor/Consultant Miami acknowledges and agrees to the following:
Vendor/Consultant Miami shall utilize the U.S. Department of Homeland Security's E-
Verify system, in accordance with the terms governing use of the system, to confirm
the employment eligibility of;
1. all persons employed by the Vendor/Consultant Miami during the term of
the Contract to perform employment duties within Florida; and
2. all persons, including subcontractors, assigned by the Vendor/Consultant
to perform work pursuant to the contract with the Department.
Company/Firm: Miami
Authorized Signature:
Title:
Date:
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