97-22354 RESO
RESOLUTION NO. 97-22354
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CARR SMITH
ASSOCIATES, TO DEVELOP A MIAMI BEACH MUNICIPAL MOBILITY PLAN (MMP);
AND, FURTHER ACKNOWLEDGING THAT THE $150,000 MMP IS FUNDED AT
$78,500 BY THE DADE COUNTY METROPOLITAN PLANNING ORGANIZATION,
$36,500 BY THE MIAMI BEACH PARKING ENTERPRISE FUND, AND $35,000 BY THE
MIAMI BEACH REDEVELOPMENT AGENCY, AS PREVIOUSLY APPROPRIATED.
WHEREAS, the City has previously appropriated $150,000 in Metropolitan Plan1in~
Organization grant funds, Miami Beach Parking Enterprise Funds, and Miami Beach Redevelopmert
Agency funds, for the development of a Citywide Municipal Mobility Plan (MMP) ; and
WHEREAS, pursuant to Request for Proposals Number 45-96/97, issued on January 15, 1997
for the development of the MMP, three responses from transportation planning consultants wer::~
received and opened on February 20, 1997; and
WHEREAS, on April 2, 1997, as recommended by the appointed review committee, the MilY( r
and City Commission selected the proposal submitted by Carr Smith Associates, with Dover Ko 11 ,t
Partners as sub-consultants (collectively, Consultant), as the top-ranked proposer; and
WHEREAS, after negotiations held on April 7, 1997, the City and the Consultant agreed thf t
the $150,000 plan cost was appropriate, and the parties have negotiated the attached Professi Jni I
Services Agreement to develop the MMP.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CIT {
OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve and authorize th.~
Mayor and City Clerk to execute the attached Professional Services Agreement between the City an j
Carr Smith Associates, to develop a Miami Beach Municipal Mobility Plan (MMP); and, furthe,
acknowledge that the $150,000 MMP is funded at $78,500 by the Dade County Metropolitan Plan 1in}
Organization, $36,500 by the Miami Beach Parking Enterprise Fund, and $35,000 by the Miami Be aCl
Redevelopment Agency, as previously appropriated.
PASSED AND ADOPTED this 16th day of
1997.
ATTEST:
'''''',
~okt p(JA~
C TY CLERK
AJ
APPROVED AS 10
FORM & lANGUAGE
& FOR EXECUnON
1fI1tA4-; <./ /q /tJ
City Attorney ~,.
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ?.. 5 4 -u
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: April 16, 199"
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
RESOLUTION 0 THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING 'TH!:
MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICE:)
AGREEMENT WITH CARR SMITH ASSOCIATES, TO DEVELOP A MIAIVIII
BEACH MUNICIPAL MOBILITY PLAN (MMP); AND, FURT"IE':~
ACKNOWLEDGING THAT THE $150,000 MMP IS FUNDED AT $78,!>0)
BY THE DADE COUNTY METROPOLITAN PLANNING ORGANIZA TIOI\",
$36,500 BY THE MIAMI BEACH PARKING ENTERPRISE FUND, ANII:>
$35,000 BY THE MIAMI BEACH REDEVELOPMENT AGENCY, A.;
PREVIOUSLY APPROPRIATED.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
On April 2, 1997, the City Commission accepted the recommendation made by a C it).-
appointed review committee, and chose the firm of Carr Smith Associates (vlit,
Dover, Kohl & Partners as sub-consultants) to develop a Miami Beach Municip,.1
Mobility Plan (MMP), pursuant to Request for Proposals (RFP) Number 45-96/97.
The Carr Smith team submitted the best written proposal and made the best on I
presentation. It was also the only team that expressed intent to perform the extem;iv~
traffic counts, and develop the City's concurrency tracking system for transportatior,
as requested in the scope of work.
ANAL YSIS
Contract negotiations held on April 7, 1997, were aimed at ensuring that the City wi I
end up with the best, most effective and user-friendly master plan, implementa1 iOJl
plan, capital improvements program, and concurrency tracking system for
AGENDA ITEM ~ tl.~
DATE~tL91
transportation. The negotiations were not aimed at reducing the contract's $150,OO()
cost, due to the extent and depth of the work required by the Plan's scope. Th!~
related Professional Services Agreement is herein attached.
The MMP Cost Breakdown and Time Schedule of fourteen (14) months are herein
attached for your review. The project's $150,000 in funding has been previousl"
appropriated for the purpose. The funding sources are as follows:
$78,500 from a Dade County Metropolitan Planning Organization grant, *
$36,500 from the Miami Beach Parking Enterprise Fund, and
$35,000 from the Miami Beach Redevelopment Agency.
* The $78,500 from the MPO will be transferred to the City through quarterll
progress payments.
CONCLUSION
The Carr Smith team has a clear understanding of what Miami Beach needs t,>
accomplish through its first 10-year master plan/ implementation plan fer
transportation, and is enthusiastic about undertaking the project challenges. Th .~
Administration recommends the execution of the agreement.
Attachments:
Resolution
Professional Services Agreement
I
H~}AJ/aj
(mmpagree)
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FlORIDA
AND CARR SMITH ASSOCIATES
TO DEVELOP THE MIAMI BEACH MUNICIPAL MOBILITY PLAN (MMP)
THIS AGREEMENT is made this 16th day of April , 1997 by and
between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its official;,
successors, legal representatives, and assigns, and CARR SMITH ASSOCIATES (Consultant I.
SECTION 1
DEFINITIONS
Agreement: This written Agreement between the City and the Consultant.
City Manager: "Cty Manager" means the Chief Administrative Officer of the City,
Consultant: For the purposes of this Agreement, Consultant shall be deemed tl) l e
an independent contrc1Ctor, and not an agent or employee of the City
Final Acceptance: 'Tinal Acceptance" means notice from the City to the Consultant tha: t~ e
Consultant's Services ,lre complete, as same are set forth in Section 2,)f
this Agreement.
Fixed Fee:
Fi\ed amount paid to the Consultant to allow for its costs and margin ,,)f
profit.
Project
Coordinator:
Proposal
Documents:
Risk Manager:
Services:
Termination:
Task:
An individual designated by the City Commission to coordinate, di reet
and review on behalf of the City all technical matters involved in t~e
Services.
Proposal Documents shall mean the a) Request for Proposals No. 4,i-
96/97 (RFP No. 45-96/97) to perform Miami Beach Municipal MotiliTY
Plan for the Development Design, and Historic Preservation Ser\iio'5
Department, issued by the City, in contemplation of this Agreemert,
together with all amendments, and b) the Consultant's proposal ard
response (Proposal) which is incorporated by reference in th s
Agreement and made a part hereof.
The Risk Manager of the City, with offices at 1700 Convention Centl!r
Drive, Third Floor, Miami Beach, Florida 33139.
All services, work and actions by the Consultant performed pursuant 10
o. undertaken under this Agreement described in Section 2.
Termination of Consultant Services as provided in Subsection 11 of th s
Agreement.
A rliscrete portion of the Services to be accomplished by the Consul:art,
as described in Section 2, as directed and authorized by the City.
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SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The scope of work to be performed by the Consultant is set forth in Exhibit "A," entl,tlEd
"Scope of Work" (Services).
SECTION 3
COMPENSATION
3.1 FIXED FEE
Consultant shall be compensated for the Services performed herein on a fixed fee bass
of One Hundred and Fifty Thousand and 00/100 Dollars ($150,000), for providing the Ser\io!s
as set forth in Exhibit "A" hereto, such fixed fee to be distributed as follows:
Task 1.
Data Collection and Existing Conditions Analysis $ 46,000
Task 2.
Vision and Opportunities Plan for Enhancing Mobility
in Miami Beach $ 30,000
Task 3.
Policy and Management Plan $ 20,000
Task 4.
Financing Plan and Capital Improvements Program $ 20,000
Task 5.
Concurrency Management System $ 19,000
Sub-total
$135,000
Contingency
$ 15,000
TOTAL
$150,000
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3.2
METHOD OF PAYMENT
Payment shall be made monthly to the Consultant pursuant to invoices or ether
submissions by the Consultant which detail or represent the completion of a percentage ()f
those phases of the Services, as set forth in Exhibit "A".
Specific milestones shall include the submission of an invoice documenting He
completion of the proportion of the Services performed in each phase of the work. ,All
submissions shall contain a statement that the items set forth therein are true and correct and
in accordance with the Agreement. Payments shall be made with i n th i rty (30) da~ s ,)f
submission of the invoice or report to the City.
4.1
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise th It
degree of skill, care, efficiency and diligence normally exercised by recognized professic n2i1s
with respect to the performance of comparable Services. In its performance of the Serv CES,
the Consultant shall comply with all applicable laws and ordinances, including but not limitEd
to, applicable regulations of the City, County, State, Federal Government, ADA, EE J
Regulations and Guidelines.
4.2
PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by
Consultant.
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4.3
PROIECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serv~ cs
Project Manager for the Services who shall be fully responsible for the day-to-day activities
under this Agreement and who shall serve as the primary contact for the City's Project
Coordinator.
DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of fourteen (14) months from the dat~
of execution of this Agreement. Provided, however, that as to any additional serviCES
4.4
requested by the City within such fourteen (14) month period, such services may b~
completed beyond such fourteen (14) month period, as mutually agreed to in writing by th~
parties, prior to their ccmmencement.
TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt Jf 1
written Notice to Proceed from the City subsequent to the execution of this Agreement, :1Il J
4.5
Consultant shall adhere to the completion schedule as referenced by Exhibit "A" hereto.
A reasonable extension of time shall be granted in the event the work of the Consul:art
is delayed or prevented by the City or by any circumstances beyond the reasonable contrc I
of the Consultant, including weather conditions or acts of God which render performano~ cf
the Consultant's duties impracticable.
4.6
NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant shall proceed with work on thll!
Services only upon issuance of a Notice to Proceed by the City.
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4.7
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are relateJ
exclusively to the Services described herein, ,1Ild are intended or represented for owner~,hi)
by the City. Any reuse by Consultant or the parties shall be approved in writing by the C:it~.
4.8
INDEMNIFICATION
Consultant agrer>s to indemnify and hold harmless the City of Miami Beach and it5
officers, employees and agents, from and against any and all actions, claims, liabilities, losse,
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bo:Jil {
injury, wrongful death, loss of or damage to property, at law or in equity, which may arisl:! c r
be alleged to have arisen from the negligent acts, errors, omissions or other wrongful condw t
of the Consultant, its employees, agents, sub-consultants, or any other person or entity ac:in.~
under Consultant's control, in connection with the Consultant's performance of the Serv CE5
pursuant to this Agreement; and to that extent! the Consultant shall pay all such claims :in J
losses and shall pay all such costs and judgements which may issue from any lawsuit ari~,in.~
from such claims and losses, and shall pay all costs and attorneys' fees expended by the Citr
in the defense of such claims and losses, including appeals. The parties agree that one percert
(1 %) of the total compensation to the Consulldnt for performance of the Services under thi;
Agreement is the specific consideration from the City to the Consultant for the Consultant';
Indemnity Agreement.
The Consultant's obi igation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and agaimt
any actions or claims which arise or are alleged to have arisen from negligent acts O'
omissions or other wrongful conduct of the City and its officers, employees and agents. Th,!~
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parties each agree to give the other party prompt notice of any claim coming to its knowledg~
that in any way directly or indirectly affects the other party.
4.9
INSURANCE REQUIREMENTS
The Consultant shall not commence (lny work pursuant to this Agreement unti a I
insurance required unc;er this Subsection has been obtained and such insurance has heell
approved by the City's Risk Manager. The Consultant shall maintain and carry in full forc~
during the term of this Agreement and throughout the duration of the work the followin.~
Insurance:
1. Consultant General Liability in the amount of $1,000,000.00. A
certified copy of the Consultant's (and any sub-consultants') Insurance
Policy must be filed and approved by the Risk Manager prior to
commencement.
2. Workers Compensation & Employers Liability as required pursuant to
Florida statute.
Thirty (30) days w,'itten notice of cancellation or substantial modification in th ~
Insurance coverage must be given to the City's Risk Manager by the Consultant and hi S
Insurance company. The insurance must be furnished by insurance companies authorized t)
do business in the State of Florida and approved by the City's Risk Manager. Origin. I
certificates of insurance for the above coverage must be submitted to the City's Risk Man.lgE r
for approval prior to any work commencing. These certificates will be kept on file in the offic~
of the Risk Manager, 3rd Floor, City Hall. The Consultant is responsible for obtaining :111 J
submitting all insurance certificates for their consultants.
All insurance policies must be issued by companies authorized to do business urdu
the laws of the State of Florida. The companies must be rated no less than "B +" a~; (,)
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management and not less thdn "Class VI" dS to strength by the latest edition of Best's Insuranc~
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject 1:)
the approval of the City's Risk Manager.
Compliance with the foregoing r(~quirements shall not relieve the Consultant of th;~
liabilities and obligations under this Subsection or under any other portion of this Agreem~n,
and the City shall have the right to ohldin I rom the Consultant specimen copies of th~
insurance policies in the event that submitted certificates of insurance are inadequate t)
ascertain compliance with required overc1ge.
4.9.1 Endorsements
All of Consulta,::'s certificates, above, shall contain endorsements providing thet
written notice shall be given to the City at least thirty (30) days prior to terminat or I
cancellation or reduction in coverage in the policy.
4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence the ServiCES
until the City has received dnd approved, in writing, certificates of insurance showing that th~
requirements of this SL'.lsection (in its entirety) have been met and provided for.
4.10 FINAL ACCEPTANCE
When the Services have been completed, the Consultant shall so advise the City i 1
writing. Final Acceptance shall not constitute a waiver or abandonment of any right:; (r
remedies available to the City under any other Section of this Agreement.
4.11
4.11.1
TERMINATION. SUSPENSION AND SANCTIONS
Termination for Cause
If through any C,1L1Se within the reason,lble control of the Consultant, the Consul:art
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shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreement~,
or stipulations material to this Agreement, the City shall thereupon have the right to terminat:~
the Services then remaining to be performed. Prior to exercising its option to terminatE fer
cause, the City shall notify the Consultant of its violation of the particular terms of thi:s
Agreement and shall grant Consultant ten (10) days to cure such default. If such defau t
remains uncured after \ 10) days, the City, upon seven (7) days notice to Consultant, rna{
terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawillg~,
maps, models, photographs, reports and other work products prepared by the Consultant an:!
its subcontractors shall be properly del ivered 10 the City and the City shall compensate th~
Consultant in accordance with Section :3 for all Services satisfactorily performed by th ~
Consultant prior the dette of the Notice of Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the eit {
for damages sustained by the City by virtue of dny breach of the Agreement by the Consultar t
and the City may reasol' 'bly withhold payments to the Consultant for the purposes of se':-of
unti I such time as the exact amount of dclmages due the City from the Consultant is
determined.
4.11.2
Termination for Convenience of City
The City may, for its conven ience and without cause, terminate the Services tle 1
remaining to be performed at any timE' by giving written notice to Consultant of SJC 1
termination, which Shelll become effective seven (7) days following receipt by Consultant cf
the written termination notice. In that event, ell 1 finished or unfinished documents and olhEr
materials as described in Section 2 and Exhibit "A" shall be properly delivered to the Citv. f
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the Agreement is tem';nated by the City as provided in this Subsection, the City sha I
compensate the Consultant for all Services Srllisfactorily performed by the Consultant anj
reasonable direct costs of Consultant fm assembling and delivering to City all documE'nt,.
Such payment shall be the total extent of the City's liability to the Consultant upon a
Termination for Convenience, as provided for in thiS Subsection.
4.11.3
Termination for Insolvency
The City also reC(~rV('s the right to termil1ate the remaining Services to be performed i 1
the event the Consultant is placed either ill voluntary or involuntary bankruptcy or make; a 1
assignment for the benefit of creditors. In such event, the right and obligations for the paltiE s
shall be the same as provided for in Section 4.11.2.
4.11.4
Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisiors
of this Agreement, the City shall impose such sdnctions as the City or the State of Florida rna l
determine to be appropriate, including but not limited to, withholding of payments to th~
Consultant under the Agr'eement until the Consultant complies and/or cancellat or ,
termination or suspension of the Services. In the event the City cancels or terminates th.~
Services pursuant to this Subsection the rights dnd obligations of the parties shall be the scm.~
as provided in Section 4.11.2.
4.11.5
Changes and Additions
Each such chang;:: shall be directed by a written Notice signed by the duly authori.led
representatives of the Consultant. Said Notices shall provide an equitable adjustment in th,~
time of performance, a reallocation of the task budget and, if applicable, any provision of::hi;
Agreement which is affected by said Notice, The City shall not reimburse the Consultant fo'
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the cost of preparing Agreement change documents, written Notices to Proceed, or ol:hE r
documentation in this regard.
4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City"
4.13 SUB-CONSULTANTS
Notwithstanding Subsection 4.12 above, the City hereby consents to and approves th~
subcontracting of certain services to be performed by the following Sub-Consultant:
Dover, Kohl & Partners
5879 SUI ,set Drive, Suite 1
South Miami, Florida 33143
Attn: Robert Gray
The Consultant shall be liable for the Consultant's serVices, responsibilities an J
liabilities under this A'?,reement and the serVices, responsibilities and liabilities of !,u~-
consultants, and any othel" person or entity acting under the direction or control of th~
Consultant. When the teml "Consultant" is used in this Agreement, it shall also be deerne J
to include any sub-consultants and any other person or entity acting under the direction c r
control of Consultant.
4.14 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the perfor,ll,lIlce of this Agreement, the Consultant shall nc t
discriminate against any employee or applicclnt for employment because of race, colol,
religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicar.
The Consultant shall take affirmative action to ensure that applicants are employed and thc,t
employees are treated during their employment without regard to their race, color, religion,
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ancestry, sex, age, nalion,ll onglll, plclce of birth, marital status, disability, or sexud
orientation. Such action shelll include, hut not be limited to the following: employmen:,
upgrading, demotion, or t~rmination; I'ccruitment or recruitment advertising; layoF (,r
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
4.15 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade Coun1y
Conflict of Interest Ordinance (No. 72-1\2), as amended; and by the City of Miami Beael
Charter and Code, which are incorporat(~d by reference herein as if fully set forth herein, i 1
connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire an y
interest, direct or indircctly which should conflict in any manner or degree with th~
performance of the Services. The Consultant further covenants that in the performance of th s
Agreement, no person having any such int~rest shall knowingly be employed by th~
Consultant. No member of or delegate to the Congress of the United States shall be admitte J
to any share or part of this Agreement or to any benefits arising therefrom.
4.16 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, de~;ig 1
specifications, processes, data and findings, shall be made available to the City for public USE.
No reports, other documents, articles or devices produced in whole or in part undEr
this Agreement shall be the subject of any application for copyright or patent by or on bela f
of the Consultant or its employees or suhcontractors.
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4.17 NOTICES
All communications relating to the day-to-day activities shall be exchanged betwee 1
the Project Manager appc)inted by Consultant and the Project Coordinator designated by th~
City. The Consultant's Project Manager and the City's Project Coordinator shall be designated
promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder rna'f
be delivered personally to the representatives of the Consultant and the City listed belovv (r
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an addre!s
outside of the city of dllpatc:h).
Until changed by notice in writing, all such notices and communications shall be addre~8e:l
as follows:
TO CONSULTANT:
Carr Smith Associates
Attn: Matthew Schwartz, AICP
4055 NW 79th Avenue, Suite 200
Miami, Floricb 33178
(305) 594-0735
TO CITY:
City of Miam i Beach
Attn: Harry S. Mavrogenes, Assistant City Manager
1700 Convention Center Drive, DDHPS
Miami Beach, FL 33139
(305) 673-7193
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, Interim City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of
dispatch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
4.18 LITIGATION IURISDICTION/VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal actiol i;
necessary by either party with respect to the enforcement of any or all of the term~, cr
conditions herein exclusive venue for the enforcement of same shall lie in Dade Cou 1t),
Florida.
4.19 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding betwee 1
the parties hereto, and there are no other agreements and understandings, oral or written wit 1
reference to the subject matter hereof that are not merged herein and superseded hereby. Th.~
Services and the Proposal Documents are hereby incorporated by reference into this
Agreement.
No alteration, change, or modification of the terms of this Agreement shall be vali J
unless amended in writing, signed by both parties hereto, and approved by the Cit 1
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the Stat ~
of Florida.
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4.20 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place I
limit on the its's liability for any cause of action for money damages due to an alleged breach
by the City of this Agreement, so that its liability for any such breach never exceeds the sunl
of $150,000. Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damage action for breach of contract to be lim ted
to a maximum amount of $150,000, less the amount of all funds actually paid by the Cit'l 11)
Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreem~nl,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages ir ail
amount in excess of $150,000, which amount shall be reduced by the amount actually ~Iaid
by the City to Consultant pursuant to this Agreement, for any action or claim for breach c f
contract arising out of the performance or non-performance of any obligations imposed UpOIl
the City by this Agreement. Nothing contained in this paragraph or elsewhere in thi;
Agreement is in any way intended to be a waiver of the limitation placed upon the City';
liability as set forth in Section 768.28, Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exeCL ted
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
By: %<0 l...u. ~ iLdAAr--
City Clerk
By:
,...."',,
ATTEST:
FOR CONSULTANT:
CARR SMITH A$SOCIA TES
I
/
By: U .fi...
pre'.#t /'
Corporate Seal
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
/fI(cI('/{U(~
</ h4,~_
~'l
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EXHIBIT "1."
SCOPE OF WORK
MIAMI BEACH MUNICIPAL MOBILITY PLAN
A TEN-YEAR PLAN
BACKGROUND
The City of Miami Beach has never had a transportation plan. The advent of cel"talin
land use changes, development plan approvals and consequent urban densification,
along with the opportunities associated with various transportation, transit, and
parking improvements, require that a comprehensive, multimodal plan be develoJej
to integrate automobile, truck, public transit vehicle, bicycle, rollerblading, and
pedestrian traffic. The competing design considerations, associated with each
mode of transportation, require a coordinated planning effort to balance their net3d;
and those of the Miami Beach community, as a whole.
1 . OBJECTIVES
The objectives of the coordinated planning effort will be as follows:
1.1 To develop a Citywide, Municipal Mobility Plan (MMP) for Miami Beach
which integrates truck and automobile traffic with public transit services,
parking facilities supporting park-and-ride activities, water-taxi services, and
a system of bikeways and pedestrian routes. This multimodal planning tOJI
shall help us accomplish the following:
(a) enhance the quality of life in our neighborhoods,
(b) preserve the individual character of each neighborhood,
(c) enhance the safety and viability of the City as a whole,
(d) preserve and promote a pedestrian friendly environment, Citywide,
(e) address diverse user needs;
(f) facilitate local mobility, and
(g) manage congestion.
1.2 To produce a comprehensive plan which ensures that transportation projects
are proactive and coordinated to achieve local objectives.
1.3 To develop a phased and prioritized implementation plan, including a capital
improvements program which is realistic and achievable. Develop a
spreadsheet program which will help monitor the plan implementation
process.
1.4 To seek consistency between the Transportation Element-City of Miami
Beach Comprehensive Plan and the MMP, at the latter plan's conclusion.
1
1.5 To develop a Municipal Mobility Plan which is consistent with both the Dad.:!
County Transportation Improvement Program (Five-Year TIP) and Long Rangl,e
Transportation Plan (20-Year LRTP), the Florida Department of Transportaticn
Five-Year Work Program, and other pertinent studies and plans developed by'
the State and County.
1.6 To produce a plan that solidifies the linkage between transportation and
parking activities, and ensures consistency with the Lockheed Parking Stud,;,
the Parking Master Plan.
1 . 7 To develop a concurrency tracking system for transportation that is effectiwl
and creative in its approach to level of service (LOS) and concurrency issues,
for all new construction and substantial redevelopment.
1.8 To produce a plan that facilitates policy-making decisions.
2. PROJECT APPROACH
The consulting team shall specify what approach(es) will be used to project traff.c
for the Miami Beach Municipal Mobility Plan (MMP). Applicable approach(es) may
include a computer model, and other programs such as Geographical Information
System (GIS), and Computer-Aided Draft and Design (CADD). The plan document
shall include maps and tables to facilitate understanding and decision making. The
general task descriptions shall include, but not be limited to, the following:
2.1 Data collection/production shall include Average Daily Traffic counts (AADT)
and peak-hour counts for the roadway system (major and minor arterial,
collector, local streets), turning movement counts at major intersections,
seasonal adjustments for peak-hour traffic volumes (FDOT factors for the
State system may be used), and survey of available right of way.
2.2 Analysis of existing system deficiencies shall include roadways and bridgeli,
levels of service, right of way, signalization, parking/loading, and transit
needs, including those related to bicycle and pedestrian access. Drainage
and lighting deficiencies shall be analyzed as they affect user safety.
2.3 Planning to identify future roadway network, transit lines, bicycle and
pedestrian facilities, plus parking and loading needs, and urban design
features.
2.4 Identification of special user needs (of residents, tourists, conventioneers, as
well as those of the retail, business, and entertainment communities).
2
2.5 Identification of strategies which minimize intermodal conflicts and increase
safety.
3. END PRODUCTS
The results of this planning effort will be a ten-year (1 O-year) transportation
planning document, which major components are integrated into a transportatio'l
network, specifically devised to enhance the coordination between modes. In othi!lr
words, a truly intermodal system of which local public transit, bicycling and walking
are also valuable components. The plan's major components, which listing doeB
not imply a priority order, are as follows:
3.1 Roadway network developed to provide acceptable levels of service.
3.2 Transit component which provides for local bus routes within the service
area(s), and links with the regional MOTA bus lines, taxicab and water-ta):i
services, and establishes future strategic opportunities to expand to a higl1e
level transit system, where appropriate.
3.3 Parking component which effectively integrates transportation and parkinB
activities and supports the park-and-ride program (Electric Wave System).
The following items would be considered:
- Compatible parking rates and time limits;
- Placement of new parking facilities to support transit, where appropriatll;
- Consideration if additional parking garages are contemplated; and
- The Lockheed Parking Study and Parking Master Plan.
3.4 Commercial loading activities utilizing alleys, where applicable.
3.5 System of bikeways devised for transportation and recreational purposes.
3.6 Pedestrian network which provides a safe, convenient, attractive, and AD.A,-
compliant sidewalk and crosswalk system.
3.7 Urban planning component which provides for desirable 'livable community"
opportunities, and takes into account the needs and convenience of our largll~
and varied residential population and retail areas. Several neighborhood
improvement plans are being advanced by local associations and groups, cine
shall be evaluated and incorporated by this plan, whenever feasible.
3
4. POLICY RECOMMENDATIONS
Policy recommendations shall be identified for inclusion in the Municipal Mobility
Plan, for City Commission consideration. Included herein shall be only fundamental
approaches to broad transportation and transit planning issues, such as:
4. 1 Assessment of modal alternative(s) for future mobility within Miami Beach,
Citywide or by area. Such policy decision(s) shall be made early in the MMf)
planning process:
--- public transit playing the major role? or
--- the single occupant vehicle maintaining its present, major role?
4.2 Adopting the MMP's implementation component which contains prioritizej
capital improvement projects, and preliminary project cost estimates. (All
projects susceptible to receiving Federal and/or State funding will carry IOGal1
cash match requirements.)
4.3 Authorizing the creation of a budget item to fund preliminary plan
development for the transportation projects being proposed by the MMP.
(Amid the large pool of Countywide candidate projects submitted to the
MPO, on an annual basis, only the well developed candidate plans are
competitive and capable of attracting federal funding.)
4.5 Adopting the MMP as the implementation arm for the Transportation Element
of the Miami Beach Comprehensive Plan.
4.6 Adopting the MMP as a means of ensuring compliance with transportation
concurrency standards.
4.7 Use of parking to create incentives to other modes of transportation and h'31~
subsidize transit operations.
5. THE CONSULTING TEAM
All candidate firms are required to propose a Consulting Team for this study,
composed of transportation planners, urban planners, and traffic engineers with
extensive planning experience in residential communities, historic urban areas,
resort/tourism environments, and 'livable community' initiatives. The Consulting
Team will be required to do the following:
5.1 Prepare a comprehensive document which contains several charts and maps,
and includes, among other important items, a concurrency tracking system
4
for transportation, a capital improvements component, an implementation
component, and tools to manage the plan implementation;
5.2 Prepare a user-friendly and thorough Executive Summary for distribution to
residents, property owners, and other interested parties;
5.3 Coordinate the on-going study with a specifically appointed Study Steering
Committee (which will give focus and direction as to priority and goals), a nc:
other appropriate committees and associations. Once the plan is adopted,
the Study Steering Committee may become - at the City's discretion - a
permanent technical committee charged with overseeing the plan
implementation process and evolution.
5.4 Coordinate this study with the Miami Beach Concurrency Management
Tracking System study to be developed, at the same time, by other
consultants.
5.5 Make presentations to City/County officials and community, as needed; and
5.6 Abide by a twelve-month (12 month) timetable for plan development,
including public involvement and interagency review.
Participating Agencies:
City of Miami Beach
Miami Beach Transportation and Parking Committee
Miami Beach Transportation Management Association (MBTMA)
Dade County Metropolitan Planning Organization (MPO)
Florida Department of Transportation (FOOT)
Metro Dade Transit Agency (MOTA)
Project Manager for the City: Amelia Johnson, Transportation Coordinator
Funding: $150,000 as follows (10% of which being held as contingency):
$60,000 from MPO's FY 1997 Municipal Grant Program/CMB Application
$18.500 from MPO's FY 1996-in escrow for MMP purposes
$78,500 total from Dade County MPO
$36,500 from Miami Beach Parking Enterprise Fund
$35.000 from Miami Beach Redevelopment Agency
$ 71,500 total from Miami Beach
(mmobplan) aj
5
Miami Beach Municipal Mobility Plan
Cost Breakdown
Task 1 Data Collection and Existing Conditions Analysis
Data collection and analysis including all data compiled and new data collection, Report \tiill
include existing roadway conditions, and existing traffic conditions for major and minor arterioL
city collectors, and major intersections, Existing facility conditions and existing demand
conditions for parking, traffic intrusion, bicycle mobility, pedestrian mobility, and internal
waterways will also be included. Special users needs and analysis will be incorporate:L
Analysis will include determination of levels of service, capacity, and other measures of facility
adequacy as pertinent. Analysis will include forecast of facility adequacy based on currelt
land use with existing permitted development, Adequacy of surplus capacity will be based on
market based growth trends, and modal splits for the City of Miami Beach.
Additional counts at key locations will be taken in January to verify seasonal variation facto'S.
A short addendum will be prepared to augment the Task 1 Report.
Deliverable and Date:
Report with data and analysis,
Seasonal Addendum
November, 1997
January, 1998
Cost Breakdown:
Existing Data Compilation
New Data Collection
Seasonal Addendum
Analvsis
Total
$ 3,000
$25,000
$ 3,000
$15,000
$46,000
Task 2 Vision and Opportunities Plan for Enhancing Mobility in Miami Beach
Using the Vision and Opportunities Plan, the Policy and Management Plan provides pic n
provides an overall consent strategy for basing the Policy & Management Plan, and tre
Funding and Capital Improvements Program (ClP), All of the elements of Subsection 2 of tre
Scope of Services will be addressed. Presentations and the Executive Summary will
incorporate Tasks 3 and 4.
Deliverable and Date:
Draft Plan (full color, presentation quality),
Final Plan (full color, presentation quality),
February, 1998
April, 1998
Cost Breakdown:
Opportunities Analysis
Draft Plan (30 copies)
Consent Presentations
Final Plan (30 copies)
Final Plan Executive Summarv ( 1 00 cooies)
Total
$24,000
$ 1 ,500
$ 3,000
$ 500
$ 1 ,000
$30,000
Task 3 Policy and Management Plan
The Policy and Management Plan implements the Vision and Opportunities Plan with specific
policy recommendations and a management strategy to fully utilize existing facilities and
investments as outlined in Subsection 3 of the Scope of Services.
Deliverable and Date:
Draft Plan
Final Plan
Cost Breakdown:
Draft Recommendations Development
Final Recommendations
Total
Task 4 Financing Plan and Capital Improvements Program
February. 1998
April, 1998
$15.000
$ 5.000
$20.000
The Financing Plan Capital Improvements Program implements the Vision and Opportunitil~s
Plan with funding strategies and programmed capital improvement programming based c'n
investigation of Federal, State. local, and private funding opportunities identified as potentiJI
sources for the ten years, 1998 through 2008. Addresses Subsections 3.2, 3.3, and 3.7 of tre
Scope of Services.
Deliverable and Date:
Draft Plan (full color, presentation quality).
Final Plan (full color, presentation quality).
Cost Breakdown:
Draft Recommendations Investigation
Final Recommendations
Total
Task 5 Concurrency Management System
February, 1998
April, 1998
$15,000
$ 5.000
$20,000
Develops a Concurrency Management System as a monitoring tool to update conditions and
analysis in real time to ensure continued compliance with transportation concurrency
standards, and as a decision making tool for the City. The CMS component will develop en
approach to implement a PC-based CMS which utilizes a user-friendly GIS front end to apply
data and retrieve information from an established transportation modeling package.
Deliverable and Date:
Ordinance (with POlicy recommendations)
Review and Permitting Process Development
Cost Breakdown:
CMS Ordinance Development
Review and Permitting Process Development
Initial System Develooment
Total
February. 1998
February, 1998
June, 1998
$ 4,000
$ 5,000
$10.000
$19,000
Contingency
10% Contingency
$15,000
Total Project Cost Summary
Task 1 Data Collection and Existing Conditions Analysis
Task 2 Vision and Opportunities Plan for Enhancing Mobility
Task 3 Policy and Management Plan
Task 4 Financing Plan Capital Improvements Program
Task 5 Concurrency Management System
ContinQency
Total
$ 46,000
$ 30,000
$ 20,000
$ 20,000
$ 19,000
$ 15.000
$150,000
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