HomeMy WebLinkAboutExhibit 1INTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered into this day of , 201.2, 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 Miami Regional Interinodal Plan
and that Miami has determined to provide the services for such study and its share of the costs
thereof as provided below.
WITNESSETH:
ARTICLE 1.00: The MPO does hereby retain Miami to provide the services for the Miami
Regional Intermodal 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 party's obligations
for its portion of the Project Cost.
ARTICLE 2.00: 'The MPO and Miami mutually agree to furnish, each to the other, the
respective services, information and items as described in Exhibit "A" Scope of Services, Exhibit
"B" Tentative Project Schedule, Exhibit "C" Project Cost and Exhibit "D" E-Verify Certification.
The MPO agrees to furnish Miami and its duly designated representatives infoiivation including,
but not limited to, existing data and projects related to the study area which may be available in
other governmental offices. Miami agrees to perfoiiii or cause to beperformed, 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 F 41-01790
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 Miami Regional Internzodal 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 Mianzi 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 Mianzi, 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 Mianzi 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, Mianzi 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 -
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MPO54/UPWP FY2012/MGP FY 2013 Miami
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 teiuns 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 Mianzi of plans, documents, studies
or other data for any purpose other than intended by the teiins 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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MPO54/UPWP FY2012/MGP FY 2013 Miami
Miami shall allow public access to all documents, papers, letters, or other material subject
to the provisions of Chapter 119, Florida Statutes, and made or received by Miami in
conjunction with this Agreement. Failure by Miami to grant such public access shall be
grounds for immediate unilateral cancellation of this Agreement by the MPO Director.
ARTICLE 9.00: Miami shall comply with all federal, state, and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the grounds of
race, color, religion, sex, or national origin in the performance or work under this contract.
SUB ARTICLE 9.10: On January 4, 2011, Governor Rick Scott signed Executive Order
Number 11-02 relating to verification of employment status (the "Order"). The Order
directs all agencies under the direction of the Governor to include as a condition of all state
contracts a requirement that the contracting party utilize the U.S. E-Verify system to "verify
the employment of: (a) all persons employed during the contract tem'. 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 Mianzi compensation as per Article 16.00 of this
Agreement and Exhibits "A", 'B" and "C", attached hereto and made a part hereof.
ARTICLE 11.00: The MPO Director may terminate this Agreement in whole or in part at any
time the interest of the MPO requires such termination.
SUB -ARTICLE 11.10: If the MPO Director determines that the perfoi mance of Mianzi 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 teiiidnated at the end
of such time.
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MP054/UPWP FY2012/MGP FY 2013 Miami
SUB ARTICLE 11.20: If the MPO Director requires termination of the Agreement for
reasons other than unsatisfactory performance of Miami, the MPO Director shall notify
Miami of such termination, with instructions as to the effective date of termination or
• specify the stage of work at which the Agreement is to be terminated.
SUB -ARTICLE 11.30: If the Agreement is terminated 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 APO 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.
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 teu n "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 orotherwise disclose or permit to be
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MP054/UPWP FY2012/MGP FY 2013 Miami
disclosed any of the data or other information obtained or furnished in compliance with this
Agreement, or any particulars thereof, during the period of this Agreement, without first
notifying the MPO Director or his designee and securing its consent. Miami 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 teinis, 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 69% of such Project
Costs. Miami shall be responsible for the remaining 31 % of such Costs. Miami shall invoice
MPO monthly for MPO's share of Project Costs in a foiniat acceptable to the MPO Director or
his designee and shall be paid therefore on a percentage of completion basis for each Task
described in the Notice -to -Proceed executed in accordance with Article 2.00. Miami shall
invoice 100% of the MPO's share of the Project Cost upon completion of all Task Orders, as
indicated under Exhibit "A". The total compensation to be paid by the MPO to Miami hereunder
shall not exceed $33,000.
SUB -ARTICLE 16.10: By executing this agreement Miami commits to fund the $15,000
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.
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MP054/UPWP FY2012/MGP FY 2013 Miami
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
3 112.313 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 incorporatethe
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
infoiniation issued against him for any crime arising out of or in conjunction with any work
being perfoinied by Miami for or on behalf of the MPO, without penalty. It is understood and
agreed that in the event of such termination, all tracings, plans, specifications, maps, and data
prepared or obtained under this Agreement shall immediately be turned over to the MPO Director
in conformity with the provisions of Article 8.00 hereof. Miami shall be compensated for its
services rendered up to the time of any such termination in accordance with Article 11.00 hereof.
ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within
Florida Statutes Section 768.28, Miami shall indemnify and save hainnless the MPO from any
and all claims, liability, losses and causes of action arising out of Miami's negligence or other
wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to
indemnify the MPO for any liability or claims arising out of the negligence, performance, or lack
of perfonniance 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
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MP054/UPWP FY2012/MGP FY 2013 Miami
the perfoluiance 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
No alteration, change or modification of the teiins 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 WENESS WHEREOF, the parties hereto have executed these presents this day of
, 2012.
ATTEST: MIAMI-DADE COUNTY FLORIDA
By The Governing Board of
Metropolitan Planning Organization (MPO)
By:
Director, MPO Secretariat
Print Name
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MPO54/UPWP FY2012/MOP FY 2013 Miami
ATTEST: CITY OF MIAMI
By: Print Name: Johnny Martinez, P.E., City Manager
Miami Authorized Representative
By: Print Name: Thomas Rodrigues, Pedestrian Coordinator
Miami Project Manager
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MP054/UPWP FY2012/MGP FY 2013 Miami
City of Miami, a municipal
ATTEST: corporation of the State of Florida
Dwight S. Danie, MSL, 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"
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MP054/UPWP FY2012/MGP FY 2013 Miami
Miami Regional Intermodal Plan
Scope of Services
Background:
The Miami Regional Intermodal Plan (MRIP) is a study of the transportation facilities in an area of the City
of Miami bounded by the Miami River to the north, Brickell Avenue (SR 5/US 1) to the east and SW 8
Street to the south, and NW 57 Avenue to the west. (See attached map). The grant will fund planning
activities to improve transportation connectivity between destinations of regional importance: MIC, Port of
Miami River, the Miami Marlins Ballpark and Downtown Miami. The areas east and south of the Miami
Intermodal, Center (MIC) do not have a comprehensive infrastructure plan addressing the
interrelationships between mobility, job creation, and neighborhood stabilization. The area will be
assessed to determine the need for capital projects including roadway network improvements, ADA
sidewalk compliance, bicycle/pedestrian greenways, bridge access, water taxi service, bus transit
corridors, trucklintermodal freight facilities, and storm sewer infrastructure.
Page 1 of 6
2012 MPO Municipal Grant Program
Miami Regional Intermodal Plan Scope of Services
Exhibit A. Scope of Work
Work Plan: The MIRP will be comprised of overarching vision, specific timetables for project completion,
and deliverables. The MIRP must be held to the highest standards for quality compliance.
•
Task 1: Review, evaluate the existing City's EAR and Capital Improvement Plan
o Review the approach for current relevance
o Review implementation of the EAR and Capital Improvement Ran
o Review status and implementation of other relevant studies and projects, MIC Program
development, Marlin's Stadium studies and Miami River Commission studies
o Review Miami 21 transportation code and Transportation Demand Management checklist
o Identify, measure, and evaluate the Multimodal Transportation Corridors in the study area
o Evaluate and establish updated mass transit capacity factors
o Evaluate and establish mode share and vehicles miles traveled per capita
o Establish updated roadway network conditions in the study area
o Recommend measures to enhance vehicular and transit operations
o Provide for greater pedestrian access and amenity especially for the Miami River
Greenway
o Develop incentives for use of alternative travel modes to support the City's Transportation
Concurrency Exception Area
o Prepare Task 1 Report by staff
o Subtotal-$8,000/2 months
Task 2: Agency meetings and public workshops.
o Agency staff meetings with other agencies (minimum 3 meetings)
o - Public workshops (2)
o Ongoing outreach at City's Neighborhood Enhancement Centers (mini city halls)
o Subtotal- $12,800/3 months
• Task 3: Review and coordinate with the City on the Neighborhood Stabilization Program
o Review methodology and approach
o Review the Capital Improvement Plan for appropriateness in the study area and
relationship with the NSP
o Assess benefits and disadvantages of infrastructure projects
o Strategies to support mobility within the study area
o Strategies to address urban design and network connectivity to improve mobility
o City GIS maps and graphics for task evaluation
o Study draft conclusions and recommendations
o Public Workshops (minimum 2)
o Prepare Task 3 Report by staff
o Subtotal-$9,600/3 months
• Task 4: Synchronicity Review with Miami -Dade County MPO, Miami Dade County Public Works
and Solid Waste, FDOT, HUD, South Florida Regional Planning Council, Miami River
Commission, Miami DDA, Florida Department of Community Affairs and other relevant City
Departments Initiatives and Plans
o Review methodology and approach
o Evaluate performance against other goals and objectives
o Evaluate performance against state statutes
o Modify/establish study assemble existing city/county traffic data
o Establish existing traffic conditions
o Transportation modeling for long-term planning horizon
o Establish future traffic conditions
o Update transportation map series -include all reports
o Peer Review with County MPO and Florida International University (FIU)
Page 2of6
2012 MPO Municipal Grant Program
Miami Regional Intermodal Plan Scope of Services
o Peer Review with Miami -Dade Planners Technical Committee
o Prepare Task 4 Report by staff
o Subtotal-$12,800/1.5 month
Task 5: Final Draft, Revisions and Public Release
o Publication of deliverables
o Distribution and permanent set up of Frequently Asked Questions and fact sheet on the
City's website
o Subtotal - $4,800/3 months
Page 3 of 6
2012 MPO Municipal Grant Program
Miami Regional Intermodal Plan Scope of Services
Exhibit B. Budget
Task 1.
$8,000
Task 2.
$12,800
Task 3.
$9,600
Task 4.
$12,800
Task 5.
$4,800
Total Estimated
$48,000
MPO MGP GRANT
$33,000
CITY MATCH
$15,000
GRANT TOTAL
$48,000
Page 4 of 6
2012 MPO Municipal Grant Program
Miami Regional Intermodal Plan Scope of Services
Exhibit C. - Schedule
TASK
1. Review
Evaluate
Existing EAR &
CIP Plan
($8,000)
2. Agency
Meetings and
Public
Workshops
($12,800)
3. Review &
coordinate
with City on
NSP ($9,600)
4.
Synchronicity
Review
relevant
agencies/plans
($12,800)
5. Final Draft,
Revisions &
Public Release
($4,800)
3
4
Month
5 6
Page 5 of 6
2012 MPO Municipal Grant Program
Miami Regional Intermodal Plan Scope of Services
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Contract No:
Exhibit "D": "E-Verify"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
E-VERIFY
375-040-68
PROCUREMENT
01/11
Financial Project No(s):
Project Description:
The City of Miami acknowledges and agrees to the following:
The 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 City of Miami during the term of the Contract
to perform employment duties within Florida; and
2. all persons, including subcontractors, assigned by the City of Miami to
perform work pursuant to the contract with the Department.
Company/Firm: The City of Miami
Authorized Signature:
Title: Director, Capital Improvements Program, City of Miami
Date: /
Z
Page 6 of 7
2012 MPO Municipal Grant Program ,
Miami Regional Intermodal Plan Scope of Services
• MP0351UP\ P 201/Evcrifi form