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Interlocal Agreement with MPO q/�-Ilj IN'ITERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of August , 2013, by and between the Miami-Dade Metropolitan Planning Organization (MPO), hereinafter called the MPO and the CITY OF MIAMI BEACH. That the CITY OF MIAMI BEACH did determine that the MPO is fully qualified to render the services contracted. wi ,r NE SSE T h: ARTICLE 1.00: The CITY OF MIAMI BEACH does hereby retain the MPO to furnish certain services in connection with the Connectivity to Miami Beach Study, as described in Exhibit "A": "Scope of Services" attached hereto and made a part hereof as though fully recited herein. ARTICLE 2.00: The CITY OF MIAMI BEACH agrees to furnish the funding as described in Exhibit "A": "Scope of Services". ARTICLE 3.00: The project to be rendered by the MPO shall be completed within one year from the date of execution and issuance of this agreement. ARTICLE 4.00: The MPO Director agrees to provide copies of project progress reports on a regular basis to the CITY OF MIAMI BEACH. Coordination shall be maintained by the CITY OF MIAMI BEACH with representatives of the MPO. Either parties to the agreement may request and be granted a conference. ARTICLE 5.00: In the.event there are delays on the part of the MPO occasioned by circumstances beyond the control of MPO Director which delay the Project Schedule completion date, the CITY OF MIAMI BEACH will be notified by a letter that an extension of the contract time has been extended. ARTICLE 6.00: RESERVED ARTICLE 7.00: The CITY OF MIAMI BEACH shall not be liable for use by the MPO of plans, documents, studies or other data for any purpose other than intended by the terms of this Agreement. ARTICLE 8.00: All tracings, plans, specifications, maps, and/or reports prepared or obtained under this Agreement shall be considered research and shall become the property of the MPO `,vitIrout 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:The MPO and the CITY OF MIAMI BEACH shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MPO in conjunction with this Agreement. ARTICLE 9.00: The MPO and the CITY OF MIAMI BEACH shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance or work under this contract. ARTICLE 10.00: The CITY OF ML4MI BEACH agrees to pay the MPO compensation as per Article 16.00 of this Agreement and Exhibit "A": "Scope of Services" 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. MP054[UPWP 2013/lnterlocal Agreement with Miami Beach-Connectivity Study One Exhibit A SUB ARTICLE 11.10: If the Agreement is terminated before performance is completed, the MPO shall be paid for the work satisfactorily performed. Payment is not to exceed the prorated amount of the total agreement amount based on work satisfactorily completed. Such determination by the CITY OF MIAMI BEACH 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:RESERVED ARTICLE 14.00: The CITY OF MIAMI BEACH agrees that it shall make no 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, except as otherwise required by law, during the period of this Agreement, without first notifying the MPO Director or his designee and securing its consent. In the event that the CITY OFMIAMI BEACH wishes to issue a press release or publicity release,the CITY OF MIAMI BEACH shall provide the MPO project manager with a copy of the draft release. The MPO project manager shall reply to the request of the CITY OF MIAMI BEACH within seven business days. The CITY OF MIAMI BEACH also agrees that it shall not copyright or patent any of the- data and/or information furnished in compliance with this Agreement, it being understood that, under Article 8.00 hereof, such data or information is the property of the MPO. This Section shall not be construed to limit or restrict public access to documents,papers, letters or other material pursuant to Article 8.10 of this Agreement. 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. W0541LJPWP 2013/lnterlocal Agreement with Miami Beach-Connectivity Study One Exhibit A ARTICLE 16.00: Method of compensation - It is mutually agreed and understood that the following provision shall be applicable to this Agreement. The MPO Director shall invoice in a format acceptable to the CITY OF MIAMI BEACH and shall be paid as a percent of the fixed fee equal to the portion of the service complete pursuant to each Task Order executed in accordance with Article 2.00. The MPO shall invoice 100% of the fixed fee upon completion of all Task Orders, as indicated under Exhibit "A". The compensation to be paid to the MPO shall be $25,000.00, as indicated in Article 10.00 hereof. ARTICLE 17.00: Standards of Conduct - Conflict of Interest— the MPO covenants and agrees that it, its employees, and its contractors 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 reference be made a part of this Agreement as though set forth in full. ARTICLE 18.00: To the extent permitted by law, and subject to the limitations included within Florida Statutes Section 768.28, the CITY OF MIAMI BEACH shall indemnify and save harmless the MPO from any and all claims, liability, losses and causes of action arising out of the CITY OF MIAMI BEACH's negligence or other wrongful acts in the performance of this agreement. However, nothing herein shall be'deemed to indemnify the MPO for any liability or claims.arising out of the negligence, performance, or lack of performance 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 the CITY OF MIAMI BEACH from any and all claims, liability, losses and causes of action arising out of the MPO's negligence or other wrongful acts in the performance of this agreement. However, nothing herein shall be deemed to indemnify the CITY OF MIAMI BEACH for any liability or claims arising out of the negligence,performance, or lack of performance of the CITY OF MIAMI BEACH. ARTICLE 19.00: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 20.00: Attachments: Exhibit "A": "Scope of Services". MP054/UPWP 2013/Interlocal Agreement with Miami Beach-Connectivity Study One Exhibit A 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 22nd day of August 7.2013. ATTEST:MIAMI-DADE COUNT'FLORIDA By The Metropolitan Planning Organization(MPO) Approved as to form Director,MPO Secretariat and Le ufficiency Assistant County Attorney ATTEST:CITY OFMIAMI BEACH Z 1 Date �A �h� By: CITY MIAMI EACH Representati INCORP ORATED: �• CJf}, APPROVED AS TO FORM & LANGUAGE &FO UTION ATTEST l City Attom Cj`, Data MP054/JPWP 2013/lnterlocal Agreement with Miami Beach-Connectivity Study One Exhibit A Exhibit A Miami-Dade Metropolitan Planning Organization(MPO) Beach Corridor Transit _Connection study SCOPE OF SERVICES 1. Objeetiwe 1. To update and refine past studies which examined a premium transit connection between the cities of Miami Beach and Miami given current and future conditions. a. To evaluate how best to advance a-rapid transit connection through the project development process. Bach9voand The Bay Links 5tudy was completed by the Metropolitan Planning Organization (MPO) in 2004 with an extensive public outreach effort. A locally preferred alternative (LPA)was selected by the MPO Board and consisted of a light rail/streetcar transit connection between Miami Beach and Downtown Miami via the Mac Arthur Causeway. Due to concerns regarding technology,funding and other transit corridors prioritization issues,the project was not advanced into the preliminary engineering phase. Miami-Dade Transit (MDT)and the MPO have been working together with the Florida Department of Transportation (FDOT) and the cities of Miami Beach and Miami in several short-term transit improvements that enable residents and visitors to improve the mobility to and from the mainland. However, a long-term visionary approach is needed to ensure that future transportation demand between Miami Beach and the mainland is effectively met in the most innovative environmentally- conscious and cost effective manner. The need to provide rapid transit connectivity between the cities of Miami Beach and Miami is vital to the economic and environmental sustainability of both cities. l0• Methodology I.gash 1: Study Coordination a. The Consultant,in cooperation with the MPO will form two project committees to provide guidance to the study team at major project milestones. • A Technical Steering Committee(T5C) will be formed and include representation from the Miami-Dade MPO,MDT, FDOT,City of Miami Beach,the City of Miami, Miami-Dade Public Worhs and Waste Management, Regulatory and Economic Resources Departments,and the Downtown Development Authority(DDA),and other agencies as appropriate. The TSC will review and evaluate project materials and results. • A Project Executive Committee (PEC)will be formed and made up of officials or designees from the Miami-Dade MPO Governing Board (2), Miami-Dade County,City of Miami and the City of Miami Beach. The PEC will review critical project information and play a major role in developing project consensus. 1 b. The consultant will hold up to eight (8) combined total meetings of the TSC and PEC.The consultant will be responsible to secure the meeting locations and prepare meeting materials such as agendas,presentations and minutes. c. The consultant will present the results and recommendations of this study to the MPO, Cities of Miami and Miami Beach and other bodies such as the DDA,Community Redevelopment Authority(CRA)and the Transportation and Parbing Committee. A minimum of eight(8) presentations will be scheduled for this purpose. d. The consultant shall present to various community stakeholder groups,as coordinated through the TSC/PEC,to disseminate project information. Up to eight (8) presentations will be scheduled for this purpose. e. The consultant shall prepare and maintain a detailed project schedule. f. The consultant shall coordinate the Project Development(PD) request with the Federal Transit Administration (FTA)consistent with MAP-21 guidelines. a• Task 2s Data Collection aR The consultant will gather all pertinent information fronr,prior studies.addressing transit services and transportation improvements within_the corridor area. be Using the 2010 Census,the consultant shall also collect and analyze information on current transportation and demographic trends along the corridor including but not limited to traffic count, transit ridership,bicycle and pedestrian data. c. The consultant will review the Transportation Improvement Program (TIP)to identify recently completed and planned transportation and infrastructure improvements along the corridor. d. The consultant shall collect information on recent developments,including the construction of high- rise residential condos,for the past 10 years and identify future major development plans within the study area defined by 13th Street to the south,1-95 to the west,41st Street to the north and Atlantic Ocean to the east. e. The consultant will prepare a matrix comparing similar information from 2003 to 2013 to show changes in demographic and transportation related data, including quantitative measures from the FTA New Starts criteria. 3. Task 3s Refinement of Locally Preferred Alternative The consultant will examine the existing viability of the major LPA components adopted in September 2003. This task will encompass the development of an evaluation matrix establishing comparisons between a range of infrastructure needs,mass transit technologies and applicable alignments including within mixed traffic and a dedicated right-of-way. The consultant shall identify and analyze potential LPA refinements and Concept Alternatives which address alignment, technology, route,stations/stops and potential phasing components for further evaluation during the PD phase. a. Technologyo • The consultant shall conduct a review of all new and emerging alternative technologies at the national and global level that potentially mitigate many of the concerns expressed with the light rail/streetcar technology during the LPA selection process. These alternative technologies shall meet the ridership,capacity and operational demands within a highly urbanized area. For example,there are various types of catenary-free technologies currently available in the mass transit industry such as catenary-free system currently operating in historic Seville (Spain),Angers (France)and Dubai(United Arab Emirates). 2 I , t • Define and develop the technical specifications required for the operation of an effective and efficient mass transit system to connect Miami Beach and the mainland sensitive to the dense urban context of the corridor. • Identify advantages and disadvantages of these new technologies applied in an operational setting. • The consultant shall identify,at a minimum,the technologies'operational components and their impact on capacity,frequencies,travel speeds,boarding and dwell times,acceleration and deceleration characteristics, etc. In addition,the consultant will determine if there are any fatal flaws associated with the use of these technologies in the implementation of the LPA and other Concept Alternatives for the corridor. • The consultant shall identify suitability of locations for a maintenance facility within or adjacent to the study area. 6. Stations: • The consultant shall conduct an assessment for the size and scale of the proposed stations given the context of technological changes and urban environment. • The:cc risukont-shalLccsr—n-ider the integration of this system to the existing or proposed transit systems with access to major.transit,hubs such as the future Downtown Intermodal Terminal. • Furthermore,the consultant shall perform a suitability analysis of the proposed station locations to verify viability of each station location based upon observed trends and demographics review. C* Alignnmentst •. The consultant shall review the LPA alignment for potential refinements including examination of new alternative alignments along with suitable modal/technological options within the study area in providing for an effective and efficient mass transit system. In addition,the consultant shall evaluate the potential alignment and operating plan alternatives by identifying the advantages and disadvantages of each through the application of qualitative and quantitative criteria. • The consultant shall develop viable Concept Alternatives that guarantee simple integration with other transportation modes,particularly Metrorail, Metrobus,Metromover and future Downtown Intermodal Terminal to enhance intermodal connectivity. • The evaluation of the Concept Alternatives shall consider their adaption for future expansion. • The consultant shall examine opportunities to maximize transit service within in dedicated right-of-way to maintain system reliability and identify the need for additional right-of-way. ci. lf�vojeet Phasing Plan The consultant shall identify potential project phasing plans which will allow the implementation of key components of the Refined LPA and Conceptual Alternatives,and in concert with a schedule financing plan. Phases shall include,but not limited to,planning, design,construction, right-of-way acquisition, pre-revenue service and public involvement. 4. gash 4s Financial Analysis a. To develop a preliminary financial feasibility plan for the project. • The preliminary financial feasibility plan shall evaluate the LPA and all Concept Alternatives as defined by Task 3. • The financial analysis shall include costs of potential mitigation as a result of implementation. be Update Refined LPA capital,operating and maintenance cost estimates to current year dollars based upon the level of detail included in prior Supplemental Draft Environmental Impact Statement(DEIS)and consistent,with FTA New Start guidelines. 3 Y ti c. Prepare order of magnitude costs in current year dollars for each of the Concept Alternatives. d. Identify and assess existing and potential new funding sources available for capital,operating, maintenance, and financing of the proposed mass transit system including value capture,new funding opportunities in MAP-21,tolling and private-public partnership opportunities. e. Develop detailed implementation strategies of funding plan for the implementation of the Refined LPA and Concept Alternatives. S. Task So Environmental Screening a. Identify economic community development opportunities associated with the proposed rapid transit system,including compatibility with land use policies and transportation goals. be To identify social and environmental benefits, including improving safety,mobility,health and quality of life. e. Identify environmental and physical issues and assess their respective significance for those having occurred since the preparation of prior project environmental documentation and which impacts the LPA proposal. d. Conduct an environmental screening assessment for issues to be addressed for the Refined LPA and Concept Alternatives consistent with State environmental and federal (i.e.NEPA)guidelines. 6. Task 6o Visualization The consultant will develop visualizations tools such as:before and after pictures,renderings and 3-D elements to illustrate the new catenary-free technique proposed for the project,transfer stations, proposed vehicle, use of right-of-way,typical sections and general concepts features along the corridor. The visualizations tools will be utilized to enhance project understanding during outreach presentations at various bodies and stakeholder meetings along with placement on the MPO website for the public at-large. 7. Task 7o Project Consensus a. The consultant will summarize in a document the input obtained in the 24 proposed meetings with the TSC,PEC and other bodies, as well as with the community. be As part of this summary,the consultant will provide an analysis of the concerns expressed by these groups and the responses provided during this process. e. The consultant will measure the consensus of this proposed project among the referred groups. d. The consultant shall provide staff with expertise in conflict resolution and consensus building. 8. Task 88 Project Development Documentation The consultant shall prepare a the necessary documentation for submission to the Federal Transit Administration(FTA) a request to enter this project into the Project Development phase in accordance to MAP-21 guidance. The consultant shall recommend,in coordination with FTA,the most appropriate NEPA Class of Action to advance the Concept Alternatives and develop a corresponding detailed scope of services outline. 9. Task po Final Report The consultant will prepare a final report to document the results of the Study which includes all the reports and supporting documentation for all tasks. lo.Task to:Deliverables a. Twenty(25) copies of the Final Report (full color) excluding the Project Development Document. 4 4 L - �r b. Ten Copies of a stand-alone Project Development Document. e. One hundred (100)copies of the Executive Summary (full color in a newsletter format and no more than 8 pages is recommended) do Power Point Presentations with the highlights of the Study e. Any brochure or printed material that contributes to enhance the Study f. Final Report, Project Development Document and Executive Summary will be submitted in electronic format(CD)to be posted in the MPO Website and further reproduced and distributed. IV.Duration The duration of this Study will be 9 months. Vo Funding The estimated cost for this Study is$325,000,including 10%for contingency. This is a joint effort with the allocation of: MPG-- _ $150,000 2. FDOT $75,000 3. MDT $25,000 4. City of Miami Beach $25,000 5® City of Miami $25,000 Go DDA. $25,000 5