2001-24274 RESO
'.
RESOLUTION NO. 2001-24274
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RANKING OF
PROPOSALS RECEIVED FOR THE PERFORMANCE OF A TRAFFIC
CALMING STUDY FOR SR 907/ALTON ROAD, PURSUANT TO RFQ NO.
140-99/00; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE
NUMBER ONE RANKED FIRM, THE CORRADINO GROUP, IN AN
AMOUNT NOT TO EXCEED $20,000; UTILIZING $15,000 IN FUNDS
PREVIOUSLY APPROPRIATED FROM THE $92 MILLION GENERAL
OBLIGATION BONDS-SERIES 2000, FUND NO. 373, BY RESOLUTION NO.
2000-24068, DATED SEPTEMBER 13, 2000; AND FURTHER
AUTHORIZING THE APPROPRIATION OF $5,000 IN CONCURRENCY
MITIGA nON FUNDS/MIDDLE BEACH, IN ORDER TO ADD A
COMMUNITY AWARENESS COMPONENT TO TillS TRAFFIC CALMING
STUDY.
WHEREAS, pursuant to Resolution No. 2000-24068, dated September 13, 2000, the City
issued Request for Qualifications (RFQ) No. 140-99/00, for the performance of a Traffic Calming
Study for SR 907/ Alton Road (the Study); and
WHEREAS, twenty-three (23) RFQ packets were mailed and 233 notices faxed to
prospective consultants, resulting in two responses, respectively, from McMahon Associates, Inc.,
and The Corradino Group; and
WHEREAS, a City-appointed Evaluation Committee met on January 3, 2001, heard the
presentations made by the consulting firms, evaluated the proposals received, and recommended to
the City Manager The Corradino Group, as the top-ranked consultant,; and
WHEREAS, the Study must be completed and adopted by the Mayor and City Commission
prior to the August 2001 recess, if the recommended traffic calming measures are to be 1) included
in the FDOT final plans for the Alton Road drainage/resurfacing project, scheduled for construction
in 2003; and 2) funded/implemented by FDOT; and
WHEREAS, due to the above-mentioned time constraints, the Administration has entered
into negotiations with The Corradino Group and, subject to approval of The Corradino Group as the
top-ranked proposer by the Mayor and City Commission, and negotiated the attached Professional
Services Agreement for the Study, in the amount of $20,000; and
WHEREAS, Resolution No. 2000-24068, dated September 13, 2000, appropriated only
$15,000 in General Oligation Bond funds for the Study; and, consequently, the original Scope of
Services for the Study made no provisions for a community awareness component; and
WHEREAS, subsequently, the Administration identified an additional $5,000 in
Concurrency Mitigation!Middle Beach funds, in order to add a much needed community
involvement component to this Traffic Calming Study.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the ranking of proposals received for the performance of a Traffic
Calming Study for SR 907/Alton Road, pursuant to RFQ No. 140-99/00; authorize the Mayor and
City Clerk to execute a Professional Services Agreement with the number one ranked firm, The
Corradino Group, in an amount not to exceed $20,000; utilizing $15,000 previously appropriated
from the $92 Million General Obligation Bonds-Series 2000, Fund No. 373, by Resolution No.
2000-24068, dated September 13, 2000; and further authorize the appropriation of $5,000 in
Concurrency Mitigation FundslMiddle Beach, in order to add a community awareness component
to this Traffic Calming Study.
PASSED AND APPROVED this the 21st
day of
February
,2001.
fP1
MAYOR
ATTEST:
~rp~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~ '2 _god (
., ~ Date
P,lw<:l!OOURA\AMI!I.IA\T!lC/o,LMNOW,.TON\lD,JotEM
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci.miami~beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 99-0/
Mayor Neisen O. Kasdin and
Members of the City Commission
DA TE: February 21, 2001
Jorge M. Gonzalez
City Manager
6~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RANKING OF
PROPOSALS RECEIVED FOR THE PERFORMANCE OF A TRAFFIC
CALMING STUDY FOR SR 907/AL TON ROAD, PURSUANT TO RFQ NO.
140-99/00; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE
NUMBER ONE RANKED FIRM, THE CORRADINO GROUP, IN AN
AMOUNT NOT TO EXCEED $20,000; UTILIZING $15,000 IN FUNDS
PREVIOUSLY APPROPRIATED FROM THE $92 MILLION GENERAL
OBLIGATION BONDS-SERIES 2000, FUND NO. 373, BY RESOLUTION NO.
2000-24068, DATED SEPTEMBER 13, 2000; AND FURTHER
AUTHORIZING THE APPROPRIATION OF $5,000 IN CONCURRENCY
MITIGATION FUNDS/MIDDLE BEACH, IN ORDER TO ADD A
COMMUNITY AWARENESS COMPONENT TO TillS TRAFFIC CALMING
STUDY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
As authorized by the City Commission, on October 19, 2000, the City issued a Request for
Qualifications (RFQ) No. 140-99/00, for the performance of a Traffic Calming Study for SR
907/Alton Road. Although 23 RFQ packets were mailed and 233 notices faxed to prospective
consultants, only two responses were received on November 20, 2000, respectively from McMahon
Associates, Inc., and The Corradino Group.
A City-appointed Evaluation Committee met on January 3,2001, heard presentations by the two
consulting firms and evaluated the proposals received. The following Committee members were in
attendance:
Jim Schlobohm, representing the Alton Road Homeowners Association
Amy Rabin, representing the GOB Oversight Committee-Middle Beach
Howard Gross, Transportation and Parking Committee member
Rory Santana, Traffic Operations Manager, FDOT
Joseph Johnson, City Project Manager
FUNDING APPROVED
AGENDA ITEM
e7T.
J-J.I-ol
DATE
February 21, 2001
Commission Memorandum
Alton Road Traffic Calming Study Agreement
Page 2
A tabulation of the Committee members' grading sheets showed 117 points for the Corradino
Group, and 113 points for McMahon Associates. Therefore, the Administration's recommendation
that the City Commission award the proposal submitted by the first ranked firm, the Corradino
Group.
The pUl:pose of this study is to identify applicable traffic calming strategies and techniques for Alton
Road, between Michigan Avenue and Indian Creek Drive. The main objectives of any
recommended traffic calming measures or strategies for Alton Road will be the following:
1. To reduce the occurrence of speeding, therefore enhancing the neighborhood's livability;
2. To assess the implication of using traffic calming measures on the corridor, given its
function as an arterial roadway;
3. To assess the probable impacts of Alton Road traffic calming on the adjacent roadways; and
4. To provide the City with recommendations as to the implementation of a successful traffic
calming plan.
The Scope of Services, submitted as part of the RFQ, scheduled 120 days (4 months) for the
completion of the Alton Road Traffic Calming Study. The study needs to be completed and
approved by the City no later than July 2001, prior to the August recess, if FDOT is to
incorporate the recommended street calming measures into the final design/engineering plans for the
drainage, milling and repaving Project for the Alton Road corridor, scheduled by FDOT for
construction in 2003. All deadlines met, FDOT will also fund the implementation of those street
calming measures that are eventually recommended by the City, and agreed upon by FDOT.
FUNDING
Resolution No. 2000-24068, dated September 13, 2000, appropriated $15,000 for the Alton Road
Traffic Calming Study, from Fund No. 373, of the $92 million General Obligation Bonds-Series
2000. Due to the limited amount of GOB funds appropriated, the original Scope of Services for the
Study did not include a community awareness component, but only the essential meetings with the
Study's technical staff. Recently, an additional $5,000 in funds have been identified to add the
missing community awareness component to the Study, utilizing Concurrency Mitigation
FundslMiddle Beach. These funds are proposed herein for appropriation.
In order to abide by its time constraints, the Alton Road Traffic Calming Study needs to be initiated
as s~ as possible. The Administration recommends approval of the Resolution.
JG~/PD~~AJQ'l.'
Attachmen~
F~WOR~\MII'.Llt\\fRC^I..Ml'lOIAJ..TONJU).MEM
RESOLUTION NO. 2600-24068
A RESOLUTION OF THE MAYOR AND CITY COM:vnSSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A~D AUTHORIZI~G
THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FRO:\I
QUALIFIED FIR1VIS FOR THE PERFORMANCE OF A TRAFFIC
CALMING STUDY FOR SR 907/ALTON ROAD, BEnVEEN INDIAN
CREEK DRIVE AND NORTH MICHIGAN AVENUE; AND FURTHER
APPROPRIATING $15,000 FROM THE $92 MILLION GENER\L
OBLIGATION BONDS-SERIES 2000, FUND NO. 373, FOR THE PURPOSES
OF THE STUDY.
WHEREAS, speeding frequently occurs on SR 907/Alton Road, which is classified as a
major arterial roadway under the control and jurisdiction of the Florida Department of Transportation
(FDOT); and
WHEREAS, FDOT already conducted a traffic calming assessment study which concluded
that traffic calming measures were not appropriate for the Alton Road corridor, which function is
to move traffic; and
-..?
WHEREAS, the Alton Road Homeowners Association continues to insist that the City take
the lead in providing the desired traffic calming measures on Alton Road; and
WHEREAS, as advised by FDOT, the City needs to conduct its o\vn Traffic Calming Study
for the Alton Road Corridor (the Study), as a precursor for any further discussion and reconsideration
by FDOT towards the installation of any traffic calming measures along the corridor; and
WHEREAS, the G. O. Bond Oversight Committee, at its meeting of July 31, 2000,
recommended that $15,000 of the funds allocated for "Alton Road Enhancements" be utilized for
the purposes of the Study; and
WHEREAS, the City needs to appropriate the funds and issue a Request for Qualifications
for the performance ofthe Study.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the issuance of a Request for Qualifications (RFQ) for
the performance ofa Traffic Calming Study for SR 907/ Alton Road, between Indian Creek Drive
and North Michigan Avenue; and appropriate $15,000 from the $92 million General Obligation
Bonds-Series 2000, Fund No. 373, for the purposes of the Study, as recommended by the G.O.Bond
Oversight Committee.
PASSED AND APPROVED this the 13th day of
September
,2000.
ATTEST:
j,,(1Ul~ r.tt eL0'\.
ITY CLERK
APFROYED AS TO /hl/llf
FORM & U..NGUAGE 'fVI/J
& FOR EXECUT!Ot'J MA YOR
..'...."MK1TRA'.AMHI....,l'E..'M._W,.""MI'llPlI
1!!/!fff!~~~~~ vV
~';~~','''''' ""',
,,1, ,,1
, " ',', '~,-' " .... .' .. ~ "', .' " -" ..' ......,..
TRANSPORTATION/CONCURRENCY DIVISION - CITY OF MIAMI BEACH
CONCURRENCY MITIGATION FUNDS APPROPRIATED FOR TCMA PROJECTS
Total Concurrency Mitigation Funds Collected to Date (02/07/01) ~
Date
Mitigation Fund Source Reason for Appropriation
June 2000 SoBe TCMA Mitigation Fund Collins Ave. Proj.Coordination
10/18/00 SoBe TCMA
Shuttle Operating Budget
11/29/00 SoBe TCMA
Shuttle Long-Range Plan
Total Concurrency Mitigation Funds Expended to Date (02!07/01):
Proposed: MB TCMA Mitigation Funds Alton Rd.Traffic Calming Study
$880,335.20
Amount Fund
Appropriated Balance
$20,000 $860,335.20
50,000 810,335.20
10,000 800,335.20
$80,000
$5,000
TRANSPORTATION/CONCURRENCY DIVISION. CITY OF MIAMI BEACH
Page 1
MITIGATION FUNDS COLLECTED WITHIN THE
TRANSPORTATION CONCURRENCY MANAGEMENT AREAS (TCMAs)
YEAR ADDRESs/PROPERTY
AMOUNT
1999 1500 Ocean Drive (Billboard)
7000 Lincoln Road (Next Cafe)
Lincoln Road at Alton Road (Finestra-movie theater)
1999 Totals:
$15,000.00
4,500.00
10,000.00
$29,500.00
$7,000.00
3,420.00
5.040.00
7,256.00
6,222.00
3,200.00
42,000.00
11 ,250.00
1,500.00
5,916.00
4,000.00
108,000.00
7,941.42
7,500.00
18,000.00
12,000.00
36,578.31
27,750.00
11,185.68
4,500.00
18,000.00
10,164.00
25,000.00
8,502.78
118,382.59
7,500.00
9,526.46
5,644.80
7,612.42
19,481.00
6,485.68
280.13
12,000.00
12,401.48
20,000.00
2000 808 Collins Avenue (Whitelaw Hotel)
235 23rd Street (Mama Vieja)
828 3rd Street (Sundance Condominium)
20th Street at West Avenue (World Savings Bank)
300 21st Street (Abbey Hotel)
840 Washington Avenue (Hiro's Sushi Express)
1120 Collins Avenue (Nash Hotel: Marks Restaurant)
1400 Alton Road (Gold's Gym)
1100 Collins Ave. (South Beach Sandwich Wrap Cafe)
1438 Drexel Avenue (Liaison Restaurant)
844 Collins Avenue (Shelley Hotel)
1020 Ocean (Clevelander Hotel)
1815 Purdy Avenue (The Lounge)
1021 Lincoln Road
624 Collins Avenue
826 Collins Avenue
1415 Washington Avenue (Tropical Restaurant)
409-429 Lenox Avenue (Showtime Theatre, Inc.)
1220 Collins Avenue (Cafe Advice)
846 Lincoln Road (Van Dyke Cafe)
7532 Collins Avenue (Walgreens)
844 Alton Road
16th & Washington (Lincoln Place)
959 Lenox (1040 10th St)
555 Washington Ave (555 Washington)
1237 Lincoln Road (Parilla del Polio)
1700 James Avenue(ASA TUA Partners)
1100 Lincoln Roas (Cafe' Ole)
1903 Collins Avenue (Sultan Restaurant)
3500 Collins Avenue (Claridge Hotel)
70571 Street (Arcoub, Inc d/b/a Pizzafiore)
4000 Alton Road (Alba Rent A Car)
1920 Meridian Ave (Mia Sch Chamber of Commerce)
1625 Alton Road (P9, Inc. d/b/a Piola)
900 Ocean Drive (Mango's Tropical Cafe')
2000 Sub-Total to Date:
$611,240.75
$640,740.75
Total this Page ...................................................................
(TCMAs$)WB2
TRANSPORTATION/CONCURRENCY DIVISION - CITY OF MIAMI BEACH
MITIGATION FUNDS (TCMA'S)
CHK. DATE
ADDRESS/PROPERTY
Total: Page 1
08/28/00 Lincoln Center, 1637 Euclid
09/07/00 The Surfcomber, 1717 Collins Avenue
10/04/00 1901 Collins Avenue(Nobu Restaurant)
10/04/00 1901 Collins Avenue (Terrace Restaurant)
10/22/00 1438 Collins Ave (1438 Collins, Ave, LLC)
10/23/00 100 Collins Ave (Shoji Restaurant, LLC)
10/31/00 516 Espanola Way (Ala Folie, Inc.)
11/07/00 209 9th Street (Clarke's On South Beach)
11/10/20001410 Meridian Ave (Pedro Pan Enterprises, LLC)
11/20/2000 437 Forty First Street (Mel Schmitt Realty)
11/29/2000 211 6th Street (Cafe" Rosso)
12/1912000 1625 Alton Road (Piola Pizzeria)
12/27/2000 1516-1530 Washington Ave (Finebuilt, Inc.)
YEAR 2001
01/09/2001 1921 Collins Avenue (The Mynt Lounge)
01/04/2001 332 Lincoln Road (Rumi Restaurant)
01/12/2001 1800 Alton Road (Larry's Service Center, Inc.)
01/18/2001 1801 Purdy Avenue (Tambo Restaurant)
Total Concurrency Mitigation Funds to Date:
Page 2
AMOUNT
$640,740.75
$6,186.02
7,862.40
$36,530.52
$57,679.78
$14,018.57
$15,648.11
$6,900.36
$7,317.95
$5,924.31
$2,209.11
$1,896.00
$10,090.08
$26,362.28
$6,445.14
$4.396.84
$4,677.12
$25,449.86
$880,335.20
A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
THE CORRADINO GROUP
FOR THE PERFORMANCE OF
A TRAFFIC CALMING STUDY FOR SR 907/ALTON ROAD
BETWEEN INDIAN CREEK DRIVE AND NORTH MICHIGAN A VENUE
THIS AGREEMENT made and entered into this ;" ( .sr day of F~f,J1.lA)..It,i---, 2001
by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City),
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and
THE CORRADINO GROUP (hereinafter referred to as Consultant), whose address is 4055
NW 97th Avenue, Miami, Florida, 33178.
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and Consultant.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services:
All services, work and actions by the Consultant performed pursuant to or
undertaken under this Agreement, as described in Section 2.
Fixed Fee:
Fixed amount paid to the Consultant to cover the costs of the Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Termination:
Termination of Consultant Services, as provided in Subsection 4.9 of this
Agreement.
-1-
SECTION 2
SCOPE OF WORK
The scope of work to be performed by Consultant is set forth in Exhibit "A," entitled "Revised
Scope of Services" (Services).
SECTION 3
COMPENSATION
3.1 FIXED FEE
Consultant shall be compensated for the Services to be provided herein in an amount not
to exceed Twenty Thousand and 00/100 Dollars ($20,000), for providing the Services as set forth
in Exhibit "A" hereto.
3.2 METHOD OF PAYMENT
Payments shall be made for all Services satisfactorily performed within thirty (30) days
of the date of receipt of Consultant's invoice by the City.
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, Consultant shall exercise that degree of
skill, care, efficiency and diligence normally exercised by recognized professionals with respect
to the performance of comparable Services. In its performance of the Services, Consultant shall
comply with all applicable laws and ordinances, including but not limited to, applicable
regulations of the City, County, State, Federal Government, ADA, EEO 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 shall be filed with the City's Procurement Department.
-2-
4.3 PRO.1ECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as
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 Manager.
4.4 DURA TION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of four (4) months from the date of
execution of this Agreement. Provided, however, that as to any additional services requested by
the City within such four (4) month period, such services may be completed beyond such four (4)
month period, as mutually agreed to in writing by the parties, prior to their commencement.
4.5 TIME OF COMPLETION
The Services to be rendered by the Consultant shall commence upon receipt of a written
Notice to Proceed from the City, subsequent to the execution of this Agreement, and 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 Consultant is
delayed or prevented by the City or by any circumstances beyond the reasonable control of the
Consultant, including weather conditions or acts of God which might render performance of the
Consultant's duties impossible.
4.6 OWNERSHIP OF DOCUMENTS AND EOUlPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership by the
City. Any reuse by Consultant shall be approved in writing by the City.
4.7 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
-3-
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be
alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the
Consultant, its employees, agents, sub-consultants, or any other person or entity acting under
Consultant's control, in connection with the Consultant's performance of the Services pursuant to
this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall
pay all such costs and judgements which may issue from any lawsuit arising from such claims
and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals. The parties agree that one percent (1 %) of the total
compensation to the Consultant for performance of the Services under this Agreement is the
specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement.
The Consultant's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against any
actions or claims which arise or are alleged to have arisen from negligent acts or omissions or
other wrongful conduct of the City and its officers, employees and agents. The parties each agree
to give the other party prompt notice of any claim coming to its knowledge that in any way
directly or indirectly affects the other party.
4.8 INSURANCE REOUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all
insurance required under this Subsection has been obtained and such insurance has been
approved by the City's Risk Manager. The Consultant shall maintain and carry in full force
during the term of this Agreement and throughout the duration of the work the following
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 City's Risk Manager prior to commencement.
2. Workers Compensation & Employers Liability as required pursuant to
Florida Statute.
-4-
These certificates will be kept on file in the Office of the Risk Manager, 3rd Floor, City
Hall. The Consultant is responsible for obtaining and submitting all insurance certificates for
their sub-consultants.
All insurance policies must be issued by companies authorized to do business under the
laws of the State of Florida. The companies must be rated no less than "B+" as to management
and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Subsection or under any other portion of this Agreement,
and the City shall have the right to obtain from the Consultant specimen copies of the insurance
policies in the event that submitted certificates of insurance are inadequate to ascertain
compliance with required overage.
4.8.1 ENDORSEMENTS
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.8.2 CERTIFICATES
Unless directed by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, original certificates of insurance showing
that the requirements of this Subsection (in its entirety) have been met and provided for.
4.9 TERMINATION. SUSPENSION AND SANCTIONS
4.9.1 Termination for Cause
If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the
covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have
-5-
the right to terminate the Services then remaining to be performed. Prior to exercising its option
to terminate for cause, the City shall notify the Consultant of its violation of the particular terms
of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may
terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties
and terms arising out of/or by virtue of this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Consultant and its
subcontractors shall be properly assembled and delivered to the City at the Consultant's sole cost
and expense, and the funds paid to Consultant pursuant to Section 3 herein shall, at the City's
option and sole discretion, be returned and/or otherwise repaid in their entirety to the City.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Consultant. The City, at
its sole option and discretion, shall additionally be entitled to bring any and alllegal/equitable
actions which it deems to be in its best interest in order to enforce the City's right and remedies
against the defaulting party. The City shall be entitled to recover all costs of such actions,
including reasonable attorneys fees. To the extent allowed by law, the defaulting party waives its
right to jury trial and its right to bring permissive counter claims against the City in any such
action.
4.9.2 Termination for Convenience of City
THE CITY MA Y, FOR ITS CONVENIENCE AND WITHOUT CAUSE,
TERMINATE THE SERVICES THEN REMAINING TO BE PERFORMED AT ANY
TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO
CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE
SEVEN (7) DA YS FOLLOWING RECEIPT BY THE CONSULTANT OF THE
WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR
UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN
SECTION 2 AND IN EXHIBIT "A," SHALL BE PROPERLY ASSEMBLED AND
-6-
DELIVERED TO THE CITY AT CONSULTANT'S SOLE COST AND EXPENSE. IF
THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS
SUBSECTION, THE CONSULTANT SHALL RETURN AND/OR OTHERWISE REPAY
TO THE CITY THE REMAINING BALANCE OF THE FUNDS PAID TO
CONSULTANT BY CITY, AS SET FORTH IN SECTION 3 HEREIN.
4.9.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed in
the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the parties
shall be the same as provided for in Section 4.9.2.
4.9.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions of
this Agreement, the City shall impose such sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to, withholding of payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation, termination
or suspension of the Services. In the event the City cancels or terminates the Services pursuant to
this Subsection the rights and obligations of the parties shall be the same as provided in Section 4
4.9.5 Chanl:es and Additions
Changes or additions in the Services shall be directed by a written Amendment to this
Agreement signed by the duly authorized representatives of the Consultant. Said Amendment
may provide an equitable adjustment in the time of performance, a reallocation of the task budget
and, if applicable, any provision of this Agreement which is affected by said Amendment. The
City shall not reimburse the Consultant for the cost of preparing Agreement change documents,
written Notices to Proceed, or other documentation in this regard.
-7-
4.10 AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may deem necessary,
there shall be made available to the City and/or such representatives as the City may deem to act
on its behalf, the right to audit, examine and make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement. Consultant shall maintain any and all records necessary to document
compliance with the provisions of this Agreement.
4.11 ACCESS TO RECORDS
Consultant agrees to allow access during normal business hours to all financial records to
the City and/or such authorized representatives as it may deem to act on its behalf, and agrees to
provide such assistance as may be necessary to facilitate financial audit by the City or its
representatives when deemed necessary to insure compliance with applicable accounting and
financial standards. Consultant shall allow access during normal business hours to all other
records, forms, files, and documents which have been generated in performance of this
Agreement, to those personnel as may be designated by the City.
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
The Consultant shall be liable for the Consultant's services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any
other person or entity acting under the direction or controls of the Consultant. When the term
"Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any
other person or entity acting under the direction or control of Consultant. All sub-consultants
must be approved in writing prior to their engagement by Consultant.
-8-
4.14 EOUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, physical handicap, or sexual
orientation. The Consultant shall take affirmative action to ensure that applicants are employed
and that employees are treated during their employment without regard to their race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
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 County
Conflict of Interest Ordinance, as amended; and by the City of Miami Beach Charter and Code,
which are incorporated by reference herein as if fully set forth herein, in connection with the
Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the performance
of the Services. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Consultant. No member of
or delegate to the Congress of the United States shall be admitted 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, design
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 behalf of the
Consultant or its employees or subcontractors.
-9-
4.17 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager appointed by Consultant and the Project Coordinator designated by the 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 may be
delivered personally to the representatives of the Consultant and the City listed below or may be
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the
city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONSULTANT:
The Corradino Group
Joseph Corradino, President
4055 NW 97th Avenue
Miami, Florida 33178
(305) 594-0735
(305) 594-0755 - Fax
TO CITY:
City of Miami Beach
Joseph W. Johnson, ill, Director
Transportation Concurrency Management Division
Project Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
(305) 673-7000, Ext. 6185
(305) 673-7028 - Fax
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
-10-
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 .TURISDlCTIONNENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein exclusive venue for the enforcement of same shall lie in Dade County, Florida.
4.19 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein and superseded hereby. The
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 valid
unless amended in writing, signed by both parties hereto, and approved by the City Commission
of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State of
Florida.
4.20 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City'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 sum of $10,000.
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 limited to a maximum
amount of $10,000, less the amount of all funds actually paid by the City to Consultant pursuant
to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $10,000, which amount shall be reduced by the amount actually paid by the
City to Consultant pursuant to this Agreement, for any action or claim for breach of contract
-11-
arising out of the performance or non-performance of any obligations imposed upon the City by
this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of the limitation placed upon the City's liability as set forth in
Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
~~ P{U~
By:
~
Mayor
City Clerk
FOR CONSULTANT:
THE CORRADINO GROUP
.~
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
a FOR EXECUTION
Corporate Seal
4t( ~~ 1-D~'-c/1
F;\WORK\ffRAlAMELlAITRCA/..MN(lW.TONRD,AGR
-12-
EXHIBIT "A"
Revised Scope of Services - 02/06/01
TRAFFIC CALMING STUDY FOR SR 907/ALTON ROAD
BETWEEN INDIAN CREEK DRIVE AND NORTH MERIDIAN AVENUE
I. Purpose
The purpose of this study is to identify applicable traffic calming strategies tools and
techniques for Alton Road (SR 907) between Michigan A venue and Indian Creek Drive.
The primary objective of the traffic calming strategies is to reduce the occurrence of
speeding on Alton Road particularly through it's residential sections. A secondary
purpose of this study is to assess the implication of using traffic calming strategies on
Alton Road given its function as a arterial roadway. Lastly, recommendations regarding
the required components of a traffic calming implementation plan (i.e., public
involvement, surrounding impacts to network, and the like) will be outlined. This study
will assist the City and the Florida Department of Transportation (FDOT) in determining
whether traffic calming strategies and measures should be implemented along the
corridor, as part of a scheduled drainage, milling and resurfacing project.
II. Study Objective
This traffic calming study shall be developed to meet the following objectives:
A. The "perceived" problems with regard to speed will be verified to determine
the "actual" problems.
B. The existing conditions on the corridor will be established. These conditions
include 24-hour vehicle classification traffic counts, turning movement counts,
segment and intersection levels of service, operating speeds, and high crash
locations and types.
C. Appropriate traffic calming strategies for reducing speeds on Alton Road will
be determined. Preliminary cost estimates for implementing appropriate traffic
calming strategies will be ascertained.
D. The applicability of traffic calming strategies on Alton Road, as it functions as
a arterial, will be assessed. Potential secondary impacts of the traffic calming
measures to surrounding corridors will also be assessed (Collins A venue, Indian
Creek Drive, 41st Street, Pine Tree and La Gorce Drive).
E. The results and recommendations will be summarized in a report. The final
report and recommendations will be presented to the City.
III. Traffic Calming Study - Service to be Performed
The Consultant shall prepare a Traffic Calming Report for the City. The
Consultant shall make maximum use of existing information throughout the study.
A. Introductory Meeting
The Consultant shall meet with key City personnel and other governmental
agencies prior to the start of work. The purpose of the meeting shall be as follows:
The City, FDOT and Miami-Dade Public Works Department (MDPWD) will provide all
relevant information relating to the project in its possession. Included in this are previous
studies/reports for Alton Road, previous studies/reports of traffic calming plans within
the City (ex. Pine Tree/La Gorce Drive), the last three years of accident data along the
corridor, planning information, existing right-of-way information and maps.
It is recommended that representatives from the City Manager Office, Police, Fire,
Public Works Department, Transportation and Parking Committee, FDOT along with a
designated neighborhood representative participate in the initial meeting with the
consultant to discuss the traffic problems along the corridor, enforcement issues,
emergency responses, hurricane evacuation, and the like.
B. Data Collection
The following data may need to be collected for the study:
. 24-hour traffic counts on Alton Road
. arnImidday/pm peak hour turning movement counts at signalized intersections
along the _corridor
. spots speed data along the corridor. Spot speed data will be taken at key locations
(both directions) for two different periods during a weekday.
. roadway characteristics along the corridor including: geometry, posted speed
limits, signal timing plans, and the like.
. Numerous field observations of traffic operations along the corridor will be
undertaken to assess and verify the perceived problems. Observations will
include both physical features and actual operations under normal traffic
conditions.
. Crash date will be summarized.
C. Data Analysis
After traffic counts, field data, speeding information, and the like have been collected, a general
corridor analysis will be undertaken. Segment levels of service will be calculated along the
corridor. The 85th percentile speed, 10 mph pace, 50th percentile speed, and average speed will
be calculated at the spot speed locations. Crash data will be analyzed to determine predominant
crash patterns and possible contributing factors.
---'
D. Identification of Feasible Traffic Calming Strategies
After field data and statistics have been collected and analyzed, feasible traffic calming
strategies tools and techniques for Alton Road will be identified. The traffic calming
measures to be considered may include, but not limited to: road narrowing, signalization,
vertical deflections, central islands, horizontal deflections, and streetscaping. If speeding
is determined to be significant along the corridor, viable traffic calming measures tailored
to effectively reduce speeding will be emphasized.
E. Assessment of Implementing Traffic Calming Measures on Alton Road
The applicability of traffic calming strategies on Alton Road, relative to its function as a
arterial roadway, will be assessed. Issues to be reviewed include: degradation of levels
of service, influence of traffic calming measures on emergency service (police, fire,
ambulance), influence of traffic calming measures on hurricane evacuation, impacts to the
surrounding roadway network, and the like.
F. Recommendations for Traffic Calming Implementation Plan
The purpose of the Traffic Calming Study for Alton Road is to provide a final
assessment of feasible traffic calming measures for the corridor and their applicability on
the area's surrounding the roadways. The strategies and measures identified will be
considered for further refinement and possible implementation. Should the City elect to
continue with a traffic calming project, this study of the Alton Road corridor and
feasible traffic calming strategies will be the basis for a detailed Traffic Calming
Implementation Plan.
The Consultant will outline key components for successful planning and implementation
of traffic calming measures. These components will include: coordination with agencies,
participation of emergency services (police, fire, ambulance), area of influence for study,
analysis required to measure impacts to the surrounding network, determine after studies
needed that would assess impacts of implemented traffic calming measures, and the
like. .
G. Final Report
The Consultant will summarize the results of the study in a report. The report will
include the information/evaluations outlined in sections III.A through ill.G. The City
will be provided with five sets of the draft report and five sets of the final report.
H. Project Representations/Meetings
The Consultant will be required to hold up to four (4) technical meetings for the project.
The meetings will include coordination with City of Miami Beach staff, Miami-Dade
Public Works staff (if necessary), FDOT staff, emergency services (police, fire,
ambulance), and other interested parties. The Consultant will be prepared to make
presentations during the meetings with City.
An additional $5,000 has been identified to fund a limited community awareness
program.
I. End Product/Quality Assurance
The end product of this project will be a Traffic Calming Study for Alton Road from
Michigan A venue to Indian Creek Drive. This study will include an evaluation of
existing conditions, identification of feasible traffic calming measures, and an assessment
of implementing traffic calming measures to the surrounding roadway network. The
Consultant shall provide quality assurance on all products and deliverables.
Project Manager:
Joseph W. Johnson, ill, A1CP
Transportation/Concurrency Management Director
Completion of Project: (120 Days - 4 months)
Study Cost:
Not to exceed $20,000.00
Fund Sources:
$15,000 in G.O. Bonds, Fund No. 373, for the Study itself; and
$ 5,000 in Concurrency Mitigation FundslMiddle Beach
for a limited community awareness program
p..\WCIIl.II;\f'fa~WPD