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96-22023 RESO RESOLUTION NO. 96-22023 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CARR SMITH ASSOCIATES, TO PERFORM A SOUTH BEACH ELECTRIC SHUTTLE STUDY FUNDED AT $ 75,000 BY A DADE COUNTY METROPOLITAN PLANNING ORGANIZATION GRANT. WHEREAS, the City of Miami has been awarded a $75,000 grant from the Metropolitan Planning Organization's (MPO) Unified Planning Work Program to perform a right-of-way and traffic study of the route proposed for the Electric Shuttle Demonstration Service Project - the Electric Wave - in South Beach, during FY 1 996- 97; and WHEREAS, after duly issuing request for proposals from transportation planning consultants to perform the study, the only response received was from Carr Smith Associates; and WHEREAS, Carr Smith Associates's proposal includes Advokatz Plus, Inc., and the Florida Institute for Marketing Alternative Transportation (FIMA T) as members of the consulting team, for the purposes of this five-month study; and WHEREAS, the City Commission approved Carr Smith Associates' bid on May 15, 1996; and WHEREAS, after negotiations, the City and Consultant decided that the $75,000 study cost was appropriate, and that its new Cost Breakdown and Time Schedule should be included herein, and made part of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the attached Professional Services Agreement between the City and Carr Smith Associates, at $75,000; and, the consultant team is authorized to proceed with the study as of July 1, 1996. PASSED AND ADOPTED this 19th day 0 rUi~hl fd- i . ATTEST: R b tJ..u...r ~ (M~ ~Y CLERK AJ/aj By~~E~' Date (>-IS-~ UJ..I U.l.I .l. .J.J-. 80mB BEACH ELECTRIC SHUITLE STUDY COST BREAKOur TASK Existing Col)ditiODl Data CoIlet:tion Public Involvement Transit aper.tions and Market Parameter Analysis Corridor Operational Aternative$ Analysis :ParIdng and Delivery Alternative Analysis Study Advisary Commiucc Priority Setting and PreUminaty findings, Recommendations, and Implementation Repons Sbon- Tenn Rec;ommcndatlon$ Pinal Recommendations R.eport and Pfescntations ORet Costs (Presentation Malerials) Subtotal I~ Condngency COST $13.000 $8,500 $6.000 $18.000 $9,000 $5.soo $2,500 $4.500 $1.200 $68,200 S6.800 TOTAL $75,000 I NUL U...J Uj",/UJ./.1..J.J~ u.........&-. ....Ju.....J....J.J~u.J.....J VHI'I' ....J1.1.1. j I I H....J....JUv W ...J ::l o W ::I: () (J) W ~ - I- rHUc. tJL >- 0 ::l t; W -J J:: ::> ::I: CIJ U - {Q W a: en w I- ~ ---1 en 1= () ~~ <- 00 W en ZOO :::!: -I Z O~ >CJ'J :::!: en en W QZ Za: !;(< a:~ O~ Z z :c ~O ~~ a:Z We( Oz 0 0 w< 2=2 fi:- l< ~ en U c- -..J< Z Z..... ~ a..CJ'J O~ <( OU :z ~~ OW Ww :20 0 0 0:> cnW ~ W U~ W 0:> -(I) a:Z z CO ~ O~ olS- ~~ wW W C)-I O~ ~ .....:::!: ::::i: ~ zO w Ii Oz z ::I: o~ cz r-~ ~ -u -a: ~a: ~a: ....Jw t- .... 0:0 ....Jo ~~ -10 ~w ~w <CJ'J :::) al:> ot::; ~!:i ::;,0 ou <0 Zw 0 ?ti~ =>2 ~g: :J:W ZW _a: en 0.._ 0<( 0..:< en a: U:a: LLa.. CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: June 19, 1996 FROM: Jose Garcia-pedroJ{a City Manager RESOLUTION THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CARR SMITH ASSOCIATES, TO PERFORM A SOUTH BEACH ELECTRIC SHUTTLE STUDY FUNDED AT $75,000 BY A DADE COUNTY METROPOLITAN PLANNING ORGANIZATION GRANT. SUBJECT: ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND The City has been awarded a $75,000 grant from the Metropolitan Planning Organization's (MPO) Unified Planning Work Program, to perform a comprehensive right-of-way and traffic study of a route proposed for the Electric Shuttle Demonstration Service in South Beach, recently named the Electric Wave. The grant is effective July 1, 1996. The main purposes of the study are to recommend the following: * The implementation of short and long-term measures to unimpede the service corridor and ensure better traffic flow and acceptable headways by the Electric Wave Service, and how these measures are to be undertaken; * The use of alleys for commercial loading purposes, where applicable; and * Transit service interconnection with parking garages and lots to support a park- and-ride program. Pedestrian and bicycle safety enhancements. The City issued Requests for Proposals (RFP Number 72-95/96) for this Study and received only one bid, at $75,000. The Consultant team includes Carr Smith Associates, Advokatz Plus, and the Florida Institute for Marketing Alternative Transportation (FIMAT). This only bid was officially approved by the City Commission on May 15, 1996. A price reduction could not be negotiated for the reasons stated in the 'Analysis' section of this Commission Memorandum. The related Professional Services Agreement has been coordinated with the consultants, th~ MPQ, and the City's Legal Department, and is herein attached. AGENDA ITEM c... 1 F DATE~ ANAL YSIS This $75,000 study is entirely funded by a grant, which is payable by the MPO on a progress report/invoice basis. The study's Cost Breakdown and Time Schedule of five (5) months are herein attached for your review. The study's $75,000 price tag could not be reduced and is justified for the following reasons: 1 . It is a comprehensive right-of-way and traffic study which involves extensive, day /evening/late-night, and weekdays/weekend data collection and/or production, includes an implementation plan and preliminary cost estimates, and requires five months to complete. 2. It will thoroughly examine the proposed route and the alleys adjacent to the Washington Avenue (in particular) and Alton Road corridors, evaluate their potential use for commercial loading purposes, and make recommendations for implementation with preliminary cost estimates, where/when applicable. 3. It includes consultant participation in several public involvement meetings with the City-appointed study's Steering Committee, the Transportation and Parking Committee, organizations such as the Washington Avenue Association, the City Administration and staff, as well as the City Commission and MPO Committees. 4. The price is compatible with those presently paid, by the MPO and the Metro- Dade Transit Agency, for similar studies which require extensive public involvement process. It includes a 10% contingency fee. The Consultant will recommend the easily implementable improvements to the corridor as of September, 1996, possibly sooner. This will allow the City enough time to get things done prior to the inception of the Electric Wave operations. Other recommendations, such as the use of alleys for commercial loading purposes, lane dedication during weekend evenings/nights, etc., are of a long-term nature and may require additional planning and capital outlay by the City. A Letter to Proceed as of July 1, 1996, will be issued to the Consultant upon approval of the Resolution. CONCLUSION The several corridor improvements to be recommended by this study are essential to the success of our local transit experiment, therefore the need to approve the attached Resolution and the Professional Services Agreement with Carr Smith Associates. Attachments: Enabling Resolution Professional Services Agreement The Study's Cost Breakdown and Time Schedule (carsmith) AJ PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CARR SMITH ASSOCIATES TO PERFORM THE SOUTH BEACH ELECTRIC SHUTTLE STUDY THIS AGREEMENT made this 19th day of June , 1996 by and between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal representatives, and assigns, and CARR SMITH ASSOCIATES (Consultant). SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and the Consultant. City Manager: "City Manager" means the Chief Administrative officer of the City. Consu Itant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that the Consultant's Services are complete as provided in Section 4.8 of this Agreement. Fixed Fee: Project Coordinator: Proposal Documents: Risk Manager: Services: Termination: Fixed amount paid to the Consultant to allow for its costs and margin of profit. An individual designated by the City Commission to coordinate, direct and review on behalf of the City all technical matters involved in the Scope of Work and Services. Proposal Documents shall mean the a) Request for Proposals No. 72- 95/96 (RFP No. 72-95/96) to perform the Electric Shuttle Study for the Development, Design, and Historic Preservation Services Department, issued by the City, in contemplation of this Agreement, together with all amendments, and b) the Consultant's proposal and response (Proposal) which is incorporated by reference in this Agreement and made a part hereof. The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in Section 2. Termination of Consultant Services as provided in Section 4.9 of this Agreement. -2- Task: A discrete portion of the Scope of Services to be accomplished by the Consultant, as described in Section 2 below, if directed and authorized. SECTION 2 SCOPE OF WORK AND SERVICES REQUIRED The scope of work for this project to be performed by the Consultant is set forth in Exhibit "A", entitled "Scope of Work". (Services) SECTION 3 COMPENSATION 3.1 FIXED FEE Consultant shall be compensated for the Services performed herein on a fixed fee basis of Seventy Five Thousand and 00/00 Dollars ($75,000), for providing the Services as set forth in Exhibit "A" hereto, such fixed fee to be distributed as follows: I. II. Existing Conditions Data Collection Priority Setting and Preliminary Findings, Recommendations and Implementation Reports Final Recommendations Report and Presentations Subtotal $13,000. Contingency $47,000. $ 8,200. $68,200. $ 6,800 III. TOTAL $75,000. -3- 3.2 METHOD OF PAYMENT Payment shall be made to the Consultant pursuant to invoices or other submissions by the Consultant which detail or represent the completion of project milestones as set forth in Exhibit "A". Specific milestones shall include the submission of an invoice documenting the completion of tasks related to the data collection effort, the draft report, and the final report document. All submissions shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. SECTION 4 GENERAL PROVISIONS RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals 4.1 with respect to the performance of comparable Services. In its performance of the Services, 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, 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 as available with the office of the City Clerk, shall be filed by Consultant -4- 4.3 PROIECT 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 Coordinator. 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period of five (5) months from the date of this Agreement. Provided, however, that as to any Additional Services requested by the City, within such five (5) month period, such services may be completed beyond such five (5) month period, and as mutually agreed to in writing by the parties, prior to their com men cement. 4.5 TIME OF COMPLETION The Services to be rendered by the Consultant shall be commenced 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 render performance of the Consultant's duties impracticable. NOTICE TO PROCEED Unless directed by the City otherwise, the Consultant shall proceed with the work only upon issuance of a Notice to Proceed by the City. 4.6 -5- 4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT 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 shall be approved by the City. 4.8 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, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in 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 this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this article 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 -6- 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. INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force 4.9 during the term of this Agreement and throughout the duration of this project 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 Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required pursuant to Florida statute. 3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage must be given to the City's Risk Manager by the Consultant and his insurance company. 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under -7- 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 Section 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. 4.9.1 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. 4.9.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence any services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.10 FINAL ACCEPTANCE When the Consultant's Services have been completed, the Consultant shall so advise the City in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to remedies available to the City under any other Section of this Agreement. -8- 4.11 4.11.1 TERMINATION. SUSPENSION AND SANCTIONS Termination for Cause If through any cause within the reasonable control of the Consultant, 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 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 days notice to Consultant, may terminate 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 delivered to the City and the City shall compensate the Consultant in accordance with Section 3 for all Services performed by the Consultant prior to Termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the City may reasonably withhold payments to the Consultant for the purposes of set off until such time as the exact amount of damages due the City from the Consultant is determined. 4.11.2 Termination for Convenience of City The City may, for its convenience, terminate the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall -9- become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 2 shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this Section, the City shall compensate the Consultant for all Services actually performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to City all documents. Such payments shall be the total extent of the City's liability to the Consultant upon a Termination as provided for in this Section. 4.11.3 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 4.10.2. 4.11.4 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 whole or in part. In the event the City cancels or terminates the Services pursuant to this Section the rights and obligations of the parties shall be the same as provided in Section 4.10.2. Changes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable 4.11.5 -10- 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 Notice. 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. 4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written approval of the City, except as to those Sub-Consultants named in Section 4.13, below, which are deemed herein approved. 4.13 SUB-CONSULTANTS The City hereby consents to and approves the subcontracting of certain services to be performed by the following Sub-Consultants: Advokatz Plus, Inc. 4500 Biscayne Boulevard, Suite 325 Miami, FL 33137 Attn: Rick Katz, President Florida Institute for Marketing Alternative Transportation (FIMA T) FSU College of Business Tallahassee, FL 32306-3037 Attn: William A. (Bill) Mustard David DeWayne Carver The Consultant shall be liable for the Sub-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 control 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. -11- 4.14 EQUAL 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, or physical handicap. 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 apprenticesh i p. 4.15 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72-82), 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 contract 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. -12- 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 publ ic 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. 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: Carr Smith Associates Attn: Matthew Schwartz, AICP 4055 NW 97th Avenue, Suite 200 Miami, FL 33178 (305) 594-0735 -13- TO CITY: City of Miami Beach Attn: Harry Mavrogenes, Assistant City Manager 1700 Convention Center Drive, DDHPS Miami Beach, FL 33139 (305) 673-7193 WITH COPI ES TO: Office of the City Attorney Attn: Murray Dubbin, City Attorney City of Miami Beach 1 700 Convention Center Drive Miami Beach, FL 33139 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 Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated in the court system of the State of Florida. 4.19 ENTIRETY OF AGREEMENT This writing and the Scope of 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 Scope of Services are hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Scope of Services are consistent with the Agreement. To the extent that any term in the Scope of Services is inconsistent with this Agreement, this Agreement shall prevail. -14- 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 $75,000. 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 $75,000 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 $75,000 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 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 City's liability as set forth in Florida Statutes, Section 768.28. -15- 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: ATTEST: By: FOR CONSULTANT: ALJ/ CSAGRMT (6/13/96) FLORI DA By: --==..:..-=--=--======-- Corporate Seal FORM APPRO"j LEyAL DEPT. 'Y /W kjiA/L Date (, -; 3-}j ~ -16- EXHIBIT "A" REQUEST FOR PROPOSALS NO. 72-95/96 SCOPE OF WORK CITY OF MIAMI BEACH SOUTH BEACH ELECTRIC SHUTTLE STUDY INTRODUCTION The South Beach Electric Shuttle System (Electric Shuttle) is being developed by the Miami Beach Transportation Management Association (TMA) in partnership with the City of Miami Beach. The Electric Shuttle is envisioned as a two-way circulator, park- and-ride system using a similar route to the one proposed for future rail service in the Florida Department of Transportation's (FOOT) East-West Multimodal Corridor Study. The proposed shuttle route comprises 5th Street, Washington Avenue, 17th Street and Alton Road. Electric Shuttle operations are being planned to begin prior to the 1996- 97 tourist season. OBJECTIVES OF THIS STUDY The study herein proposed will produce, compile and analyze data, conduct field surveys, develop alternatives regarding the right-of-way being proposed for operations by the Electric Shuttle. The study will recommend short and long-term measures to improve the corridor which will help produce better headway for the proposed transit service. Additionally, it will include a basic implementation plan with graphics, and preliminary financial considerations. The most congested Washington Avenue corridor will constitute a large portion of the study. Certain improvements which may be easily implementable shall be recommended to the City as the Study develops. BACKGROUND Miami Beach is an urban community where mobility needs are currently perceived as being handled best by automobile. However, parking problems are common place and traffic congestion is already evident in South Beach, particularly on Ocean Drive, Collins Avenue, Washington Avenue, and Alton Road and the Alton Road flyover area. Congestion, mobility and parking problems will intensify as approved high-rise developments are constructed, more residents choose this area to live, and the urban environment becomes progressively denser. RFP NO: DATE: 72-95/96 3/22/96 CITY OF MIAMI BEACH The Electric Shuttle will provide transit services specifically tailored to South B~ach needs by interconnecting present and planned parking facilities and supporting a park and ride program. The transit services are intended to attract new segments of the population to public transit, attract tourist riders, and establish a ridership base for a potential Miami Beach alignment of the East-West Multimodal Corridor. The transit services to be provided by the Electric Shuttle may not be effective, however, if the presently cluttered right-of-way is not unimpeded to allow for the achievement of acceptable headway. 1. METHODOLOGY: 1.1 Establish the Study Steering Advisory Committee: A Study Steering and Advisory Committee (SAC) shall be established. The Committee shall include but not be limited to members of the City staff, City's Parking and Transportation Committee, affected business people and residents of the community, MBTMA, and both project managers (City and MPO). Other professionals shall also be included, such as, from the Metro-Dade Transit Agency's (MDT A) Service Planning and Systems Development Divisions and from the Florida Department of Transportation. Other property owners/residents may be included, as needed, at the discretion of the City's project manager. SAC shall meet periodically with the team conducting the study to provide input, to develop consensus concerning approaches, concepts, and plans, and to review documents and other deliverables. While a regular meeting schedule is preferred, the consultants and SAC shall determine the timing of such meetings. The consultant will be responsible for leading discussions of SAC meetings, briefing the City Administration on progress and findings of the study, and City Commission, if required. RFP NO: DATE: 72-95/96 3/22/96 CITY OF MIAMI BEACH 1 :2 Develop Coordination The Study will coordinate plans with existing and proposed transportation studies and/or projects in Miami Beach and, where applicable, with Dade County's Long Range Transportation Plan (LRTP), Transportation Improvement Program (TIP), and Transit Development Plan (TOP). These studies and/or projects should include not only those which are transit-oriented, but those which may bar upon street construction and maintenance in the study area, as well as City of Miami Beach land use and zoning decisions which may affect the proposed shuttle route, location of stops, other concerns related to accessibility, and the availability of parking. As an initial step in the Study, the consultant shall meet with a designated City Commissioner(s), the City Administration and specified staff, and the affected business and residential community to identify needs, concerns, and receive suggestions. The project manager(s) and the Executive Director of MBTMA will be included in these meetings. 2. PERFORM DATA COLLECTION/CONDUCT RESEARCH 2.1 Conduct Research The consultant will perform all technical research associated with the Study. Prior to commencing active pursuit of corridor, research into the history of transit services in the study area will be undertaken. It is anticipated that MOTA will be able to supply useful information, based upon past and ongoing experience with providing bus service to the study area. In addition, contact should be established with the consultant team performing the East-West Multimodal Corridor Study and with MBTMA for any relevant data. 2.2 Perform Data Collection: Local Street/Alley Rights-of-Way and Traffic The consultant will perform all data collection associated with the Study. On- site observations shall be conducted. (a) Right of way data regarding the proposed alignment. The basic alignment is Washington Avenue, 17th Street, Alton Road, and 5th Street. At least initially, the Electric Shuttle operations may restrict the two-way service to Washington Avenue and 17th Street to achieve acceptable headway with a limited number of vehicles. The most impeded Washington Avenue corridor shall constitute the largest portion of the study. RFP NO: DATE: 72-95/96 3/22/96 CITY OF MIAMI BEACH (b) . Data needed to conduct a feasibility study regarding the use of alleys adjacent to Washington Avenue for commercial loading activities (as opposed to the present on-street loading practices) plus the short and long-term improvements needed to prepare the alleys for new usage. This is an important element of the study, since the improvements would help reduce congestion by eliminating most of the illegal double parking, facilitating the flow of traffic, and affording better headway. (c) Traffic engineering measures to help improve headway, such as signal timing, signal preference, traffic yielding to transit, normal cycle vs. yellow flashing lights, etc. (d) Twenty-four (24) hour traffic patterns with emphasis given to Friday, Saturday and Sunday nights. The aim here is to improve mobility and safety . (e) Potential effects to traffic flow on Washington Avenue due to the proposed one-way designation of eight side streets (6th Street to 14th Street), from Ocean Drive to Washington Avenue, in connection with an incoming milling and repaving FDOT project on Collins Avenue. Supposedly, this action will improve traffic flow on both Collins and Washington Avenues. (f) Lane striping (a 'yellow brick road') leading vehicles to park-and-ride garages and lots and facilitating in and out movements. (g) Potential location of bus stops and transfer facilities to maximize ridership and improve traffic flow. Transfer facilities will be strategically placed to interconnect the Electric Shuttle with existing modes of transportation (MOTA bus lines, Water Taxi, etc.) and with future service extensions to Mid-Beach. (h) On-site observations of day and night pedestrian patterns. The aim here is to minimize conflicts with vehicular traffic, improve mobility and promote safety. Bicycle/rollerblading patterns should also be addressed. (i) Americans with Disabilities Act (AD A)-related issues on the route being proposed for Electric Shuttle operations. (j) Feasibility of establishing a busway on Washington Avenue on weekend nights (Friday, Saturday, Sunday) to test the feasibility and effectiveness of lane dedication within restricted right-of-ways. RFP NO: DATE: 72-95/96 3/22/96 CITY OF MIAMI BEACH 2.3 The consultant shall obtain current traffic counts from the latest traffic studies available and traffic volume projections from the most recently available and applicable travel demand runs. 2.4 Certain improvements which may be easily implementable shall be recommended to the City as the Study develops. 2.5 At the conclusion of data collection and research efforts, the study team shall make a detailed presentation to the SAC regarding the work performed and findings developed. 3. ANALYZE AND EVALUATE DATA The methodology to be used will incorporate traditional transit route planning approaches, but also, on a preliminary basis, address ancillary issues associated with the potential creation of a dedicated lane for the evening shuttle service, if feasible. Computer Aided Draft and Design (CAD D) capabilities should be utilized for graphic illustrations. Conclusions to be drawn from the analysis will specifically address, but not necessarily be limited to, the elements of the Electric Shuttle study listed in Section 2, of this Scope of Work. 4. DEVELOP RECOMMENDATIONS Recommendations will include short and long-term measures to unimpede the right of way which will result in better headway for the Electric Shuttle Service. These shall include any actions required in support of all services and physical improvements to the right of way. It will also include the interconnection of parking garages/lots to support the park and ride functions associated with the shuttle activities, the potential use of alleys as commercial service corridors, feasibility of lane dedication, and how these actions are to be undertaken. 4.1 Prepare a draft implementation plan for the proposed right-of-way "clean-up" effort, which includes preliminary financial considerations. 4.2 Document all efforts in a Preliminary Report(draft), formatted into chapters. 4.3 Present the document to the SAC, City Administration and Staff, Transportation/Parking Committee, and hold a public information meeting. Present the preliminary document at a City Commission meeting for input. Some of these meetings may be combined, if needed, for budget reasons. RFP NO: DATE: 72-95/96 3/22/96 CITY OF MIAMI BEACH 5.'PREPARE FINAL REPORT The Final Report will include the preliminary report previously developed, as revised, and a basic implementation plan with graphics. An introduction will be produced to preface to body of the report and an executive summary will be written to serve as a synopsis of the report and as a stand-alone document for public distribution. Public hearing(s) concerning the study and its recommendations may be required if controversial policy decision are considered or endorsed by the Miami Beach City Commission. The Final Report will be presented to the MPO and its committees by the City's Project Manager, if needed. LENGTH OF STUDY: Consultant will be given up to five (5) months to complete the project. However, rec'ommendations of short-term improvements which are easily implementable shall be made by Sept. 3p ,1996, or sooner. If the Electric Shuttle service begins operation on schedule, these short-term improvements shall be in place by December 1996. PROJECT MANAGERS: Amelia Johnson, City of Miami Beach Frank Baron, MPO PARTICIPATING AGENCIES: City of Miami Beach Metropolitan Planning Organization Florida Department of Transportation Miami Beach Transportation Management Association Metro Dade Transit Agency FUNDING: Project cost shall not exceed $75,000: - $15,000 (Federal PL 112/MPO's 1997 UPWP grant), available beginning July 1, 1996. RFP NO: DATE: 72-95/96 3/22/96 CITY OF MIAMI BEACH