98-22946 RESO
RESOLUTION No. 98-22946
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH URBAN
RESOURCE GROUP, FOR PROFESSIONAL LANDSCAPE,
ARCIDTECTURAL AND ENGINEERING SERVICES FOR STREETSCAPE
AND TRAFFIC CALMING FEATURES ON NORTH BAY ROAD AND
WEST A VENUE, IN AN AMOUNT NOT TO EXCEED $20,950, FOR
TRAFFIC EVALUATION AND SCHEMATIC DESIGNS FOR THE AREA
OF DADE BOULEVARD, FROM PURDY AVENUE TO ALTON ROAD;
AND FURTHER AUTHORIZING AN APPROPRIATION FROM
REALLOCATED BOND FUND 351 INTO A WORK ORDER TO BE
ESTABLISHED
WHEREAS, on May 7, 1997, pursuant to Request For Qualifications (RFQ) No. 80-96/97, the
Mayor and City Commission authorized the Administration to enter into negotiations with Urban Resource
Group to provide professional landscape, architectural and engineering services for streetscape and traffic
calming features on North Bay Road and West Avenue (RFQ); and
WHEREAS, at a joint meeting on April 7, 1998, the Finance and Citywide Projects Committee and
the Neighborhoods Committee recommended that a traffic study be conducted to include a proposed traffic
circle at Dade Boulevard and Meridian Avenue, within the context of a broader traffic analysis which would
encompass the Venetian Causeway, Bay Drive, lower North Bay Road, and Dade Boulevard; and
WHEREAS, a report ofthe joint meeting of the Finance and Citywide Projects Committee and the
Neighborhoods Committee was accepted by the Mayor and City Commission at its April l5, 1998 meeting;
and
WHEREAS, the Administration has negotiated the attached Professional Services Agreement,
pursuant to the RFQ, with Urban Resource Group, for an amount not to exceed $20,950, for traffic calming
features on North Bay Road and West Avenue, and traffic evaluation and schematic designs for the area of
Dade Boulevard, from Purdy Avenue to Alton Road; and
WHEREAS, funds are available from reallocated Bond Fund 351.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk are
authorized to execute the attached Professional Services Agreement with Urban Resources Group, for
Professional Landscape, Architectural and Engineering Services for Streetscape and Traffic Calming
Features on North Bay Road and West Avenue, in an amount not to exceed $20,950, for traffic evaluation
and schematic designs for the area of Dade Boulevard, from Purdy Avenue to Alton Road; and further
authorizing an appropriation from reallocated Bond Fund 35l into a Work Order, to be established.
PASSED AND ADOPTED THIS 21st day ofOctoben998.
In I>>;
ATTEST:
MAYOR
~d ~ au{..l/\
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:I WORKI$ALLlKASL YN\COMMISSIIURGTRAF2.RES
A1(iffJL:.
C. Attorney
Lc( a(9Y
~ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO.
70'"" -9~
TO:
Mayor Neisen O. Kasdin and
Members of the City Co ission
DATE: October 21,1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOLU ION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT \VITH URBAN
RESOURCE GROUP, IN AN AMOUNT NOT TO EXCEED $20,950 FOR
TRAFFIC EVALUATION AND SCHEMATIC DESIGNS FOR THE AREA
OF DADE BOULEVARD, FROM PURDY AVENUE TO ALTON ROAD AND
FURTHER AUTHORIZING AN APPROPRIATION FROM REALLOCATED
BOND FUND 351 INTO A WORK ORDER TO BE ESTABLISHED
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
CONTRACT AMOUNT AND FUNDING
Not to exceed $20,950. Funding is available from reallocated Bond Fund 35l.
BACKGROUND
On May 7, 1997, pursuant to RFQ 80-96/97, the City Commission authorized the Administration
to enter into negotiations with Urban Resource Group (URG) to provide professional landscaping,
architectural and engineering services for traffic calming on North Bay Road and West Avenue.
On February 18, 1998 the City Commission referred to the Finance and Citywide Projects
Committee, a proposal by the Holocaust Memorial Committee and Mr. Kenneth Treister for the
inclusion of a traffic circle at the intersection of Meridian Avenue and Dade Boulevard.
At a joint meeting on April 7, 1998, the Finance and Citywide Projects Committee and the
Neighborhoods Committee recommended that a traffic study be conducted to include a proposed
traffic circle at Dade Boulevard and Meridian A venue within the context of a broader traffic analysis
which would encompass the Venetian Causeway, Bay Drive, lower North Bay Road (which is
scheduled for discussion on this agenda), and Dade Boulevard. A report of the joint meeting of the
Finance and Citywide Projects Committee and the Neighborhoods Committee was accepted by the
City Commission at its April 15, 1998 commission meeting.
FUNDING APPROVED
n~
Manag~mentand Budget
DATE
LIE
I b - -z. L::I8
AGENDA ITEM
Commission Memorandum - October 21.1998
URG Agreement - Traffic Study
Page 2
The initial phase of the study will address the area of Dade Boulevard, west of Alton Road to Purdy
Avenue. The Meridian Avenue/Dade Boulevard intersection is not included in this phase of the
study. The traffic evaluation developed in this phase, could be applied to the traffic study for the
proposed circle at Dade Boulevard and Meridian A venue.
A future phase of the overall traffic assessment and development of mitigation measures will
encompass the area of Dade Boulevard, 20th Street and Alton Road, to Chase Avenue. This effort
will consist of the development of a prescribed set of traffic mitigation measures, to be implemented
and funded with the participation of the City, Miami-Dade County, the Florida Department of
Transportation and future private development impacting traffic in the area.
This overall plan will incorporate all available traffic data, as well as the conclusions and
recommendations of the City's Municipal Mobility Plan, which is to be completed in November
1998. In addition to the movement of vehicular traffic, pedestrian and other mobility issues are also
to be incorporated.
ANALYSIS
The Administration, pursuant to RFQ 80-96/97 and subsequent City Commission authorizing
execution of a contract with URG, has negotiated the attached Professional Services Agreement for
an amount not to exceed $20,950 for traffic evaluation and schematic designs for the area of Dade
Boulevard, from Purdy Avenue to Alton Road. The scope of work includes traffic data analysis;
development of traffic volume projections; intersection capacity analyses; identification of potential
improvements and recommendations and preparation of schematic designs (see Exhibit "A" attached
to the Agreement).
CONCLUSION
Approval of the attached resolution will provide for the traffic studies necessary to implement
improvements to the Dade Boulevard corridor and will complement other planned improvements
for 20th Street and lower North Bay Road area.
o.~ .
SR/CMC/Jl'J./KM/rar
F:\WORK\SALL\KA~OMMISSI\URGTRAF2.CM
Attachments
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND URBAN RESOURCE GROUP FOR PROFESSIONAL LANDSCAPE,
ARCHITECTURAL AND ENGINEERING SERVICES FOR STREETSCAPE AND
TRAFFIC CALMING FEATURES ON NORTH BAY ROAD AND WEST AVENUE
THIS AGREEMENT made this ~ day of OC,.,t 1998 by and between the CITY OF
MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and Urban Resource Group (Consultant).
Agreement:
City Manager:
Consultant:
Final Acceptance:
Fee:
SECTION 1
DEFINITIONS
This written Agreement between the City and the Consultant.
"City Manager" means the Chief Administrative officer of the City.
F or 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" means notice from the City to the Consultant that the
Consultant's Services are complete as provided in Section 2 of this
Agreement.
Amount paid to the Consultant to allow for its costs and margin of profit.
Project
Coordinator:
Proposal
Documents:
Risk Manager:
Services:
Termination:
Task:
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 Qualifications No. 80 -
96/97 for Professional Landscape, Architectural and Engineering Services for
streetscape and traffic calming features on North Bay Road and West Avenue
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 ofthe City, with offices at l700 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.
A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2, if directed and authorized.
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SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The scope of work to be performed by the Consl,lItant is set forth in Exhibit "A".
SECTION 3
COMPENSA TION
3.1 ...EEE
Consultant shall be compensated for services for Traffic Evaluation and Schematic Design
for the area of Dade Boulevard, from Purdy Avenue to Alton Road, as set forth in Exhibit "A," based
on a fixed fee basis, not to exceed $20,950. Additional services will be provided in accordance with
the hourly rate schedule, as set forth in Exhibit "B". lfthe City proceeds with subsequent phases of
this Project, the fee shall be negotiated when the scope of work is determined and approved.
3.2 MRTHOD OF PAYMENT
Payment shall be made monthly to the Consultant pursuant to invoices submitted by the
Consultant in proportion to the percentage of the completion of those phases of the Project, as set
forth in Exhibit "A."
All invoices shall contain a statement that the representations made therein are true and
correct and in accordance with the Agreement. Payments shall be made within thirty (30) days of
submission of an invoice to the City.
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SECTION 4
GENERAL PROVISIONS
4.1 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 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.l33(3)(a) Florida
Statute on Public Entity Crimes as available with the Office of Procurement, shall be filed by
Consultant.
4.3 PROJECT 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 through the City's final acceptance of the services.
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 "C" hereto.
A reasonable extension of time shall be granted in the event the work of the Consultant is
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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.
4.6 NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant shall proceed with the services only
upon issuance of a Notice to Proceed by the City.
4.7 OWNERSHIP OF DOCUMENTS AND EOUIPMENT
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, subconsultants, 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 (l %) 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
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Indemnity Agreement.
The Consultant's obligation under this Section 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.
4.9 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 during the term of this
Agreement and throughout the duration of this project the following insurance:
l. Certificate of insurance of professional liability (errors and omissions) for a minimum of
$500,000 per occurrence.
2. Consultant General Liability in the amount of $1,000,000.00 per occurrence for bodily
injury and property damage (to include contractual products and completed operations). The
City of Miami Beach must be named as an additional insured on this policy.
3. Workers Compensation & Employers Liability as required pursuant to Florida statute.
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
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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. These certificates will be kept on file in the Office of the Risk Manager, 3rd Floor, City Hall.
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.
4.11 TERMINATION. SUSPENSION AND SANCTIONS
4.11.1 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 Agreement and
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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 (l 0) days to cure such default. If such default remains uncured after ten (l 0)
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
subcoconsultants 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 and without cause, terminate the Agreement and the
Services then remaining to be performed at any time by giving written notice to Consultant of such
termination, which shall 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 4.ll.1 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.
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4.11.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement and 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.l1.2.
4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event ofthe 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.l1.2.
4.11.5 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 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 consent of the City.
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4.13 SUB-CONSULTANTS
The Consultant shall be liable for the Consultant's services, reponsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any
other person on 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.
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, 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 apprenticeship.
4.15 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict ofInterest 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
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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.
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:
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TO CONSULTANT:
Urban Resource Group
Attn: M. Scott Mingonet, AS LA
Project Manager
420 Lincoln Road, Suite 353
Miami Beach, FL 3 313 9
(305) 673-2524
TO CITY:
Office of The City Manager
Attn: Sergio Rodriguez, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 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 JURISDICTION
This Agreement, shall be governed by and construed according to the laws of the State of
Florida.
Any litigation between the parties, arising of, or in connection with this Agreement, shall be
initiated in the court system of 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
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to the subject matter hereof that are not merged herein and superseded hereby. The Services are
hereby incorporated by reference into this Agreement to the extent that the terms and conditions
contained in the Services are consistent with the Agreement. To the extent that any term in the
Services is inconsistent with this Agreement, this Agreement shall prevail.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and, if the amount does not exceed $10,000, as
approved by the City Manager, or if in excess of $1 0,000, as approved by the City Commission of
the City of Miami Beach.
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 Consultant's fee,
as set forth herein and in the attached Exhibit" A." 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 Consultant's fee herein, 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 Consultant's fee herein, 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
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waiver ofthe limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes.
4.21 VENUE
This Agreement shall be enforceable in Dade County, Florida, and iflegal action is necessary
by either party with respect to the enforcement of any terms and conditions herein, exclusive venue
for the enforcement of same shall lie in Dade County.
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:
By:
Jf ) //i
Mayor
City Clerk
FOR CONSULTANT:
URBAN RESOURCE GROUP
A DIVISION OF KIMLEY-HORN AND ASSOCIATES,
INC.
ATTEST:
~Q
Secretary
By:
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PI' Refj1n:-v.\ \~I\ ~sv."f\"~'
Corporate Seal
FIWORKI$ALL IKASL YNICOMMISSIIURGTRAFF.AGR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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D~t"
Exhibit" A"
Scope of Services
Task 1 Data Collection
The City will collect and provide the existing data pertaining to the project.
Task 2 Traffic Data Evaluation
The study area for this task is identified by the Dade Boulevard section bounded by 17th Street to
the south, Alton Road to the east and the Intracoastal Waterway to the west. The study is to focus
on Dade Boulevard operations from Purdy Avenue to Alton Road. The effect of changes on Dade
Boulevard to Bay Road and W est Avenue are to be documented. The study will include the
evaluation of Dade Boulevard from Purdy A venue to Alton Road, but not including Alton Road, and
the evaluation of intersections at Purdy Avenue, 17th Street, Bay Road and West Avenue.
2.1 Traffic Data Collection
In order to provide a basis for the traffic analyses the Consultant will collect various pieces of data,
including:
. Peak-hour turning movement counts at up to four (4) intersections. Two-hour counts
will be made in both the morning and afternoon peak periods or on weekends as
directed by City Staff. To be conducted after opening of adjacent developments and
as directed by the City.
. Automatic traffic counts will be taken at up to two (2) locations by collecting three
days of counts that are summarized every 15 minutes. To be conducted after opening
of adjacent developments and as directed by the City.
. City will provide accident report data as documented by the City of Miami Beach
Police Department for accidents within the study area involving vehicles and
pedestrians/bicycles.
. City will provide traffic volumes on Dade Boulevard counted both before and after
closure of the Venetian Causeway.
In addition, a professional traffic engineer will make field observations during morning and
afternoon peak periods, and weekends. These observations will include the operation of major
intersections in the area, a qualitative assessment of the extent of the traffic intrusion into the
residential neighborhood, and an overall understanding of the traffic operations in the area.
2.2 Review of Past Studies
The Consultant will review relevant traffic studies supplied by City staff which have been recently
performed in the area, including, but not limited to:
. Citywide Mobility Plan Study .
. "Dade Boulevard Connector Study," prepared in January 1995
. "Publix on the Bay Traffic Study," prepared in December 1996
. "Miami Beach Area Wide Traffic Impact Study," prepared in December 1996 for the
Florida Department of Transportation.
. Identified existing Traffic Impact Studies as provided by the City - Alton Road.
. Carr-Smith-Corradino "Lower North Bay Study" prepared June 1998.
2.3 Development of Traffic Volumes
Based on the information collected and reviewed in Tasks 2.1 and 2.2, the Consultant will develop
projections of existing peak season and future peak season traffic volumes. Existing volumes will
be converted to a peak season basis using weekly adjustment factors published by the Florida
Department of Transportation.
Future volumes will be developed to reflect conditions with the Venetian Causeway re-opened and
committed development traffic in place. Future volumes will be based on existing peak season
volumes, reintroduction of Venetian Causeway traffic, and traffic from committed developments.
These future volume projections will be the basis for the future conditions analysis described in Task
2.4.
2.4 Intersection Capacity Analyses
Based on existing traffic counts and future traffic projections, the signalized and unsignalized
intersections will be analyzed by the Consultant using methodology from the 1994 Highway
Capacity Manual. Existing lane geometry will be used. Based on the outcome of these capacity
analyses, the Consultant will identify expected deficiencies and signal warrant analysis.
2.5 Identification of Potential Improvements
The Consultant will evaluate potential improvements within the study area. The analysis will be
conducted to determine:
. The feasibility of various improvements.
. Benefits or impacts at the location of improvements.
. Magnitude of probable costs.
Summaries of each improvement will be provided.
2.6 Recommendations
The above recommendations and described task elements will be summarized by the Consultant in
a technical memorandum for review by the City in advance of being incorporated into the schematic
design documents.
Task 3 Preparation of Schematic Planning and Design Studies
This task will entail the preparation of schematic level plans and supporting written documentation
for proposed functional and aesthetic improvements. This work will consist of two (2) 11" x 17"
drawings suitable for communicating the propo~ed schematic design concepts within the corridor.
Upon completion of the schematic level design studies, the Consultant will meet with the City to
review these recommendations.
ill
TaskJDescription
Fee
Traffic Data Evaluation ........................... 17,300.00
Schematic Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2,500.00
Direct Expenses .................................. 1,15000
.. - Total
$20,950.00
Exhibit "B"
Hourly Billing Rates
Principal
Project Manager
Senior Professional
Professional
Analyst/Professional Intern
Technical Support
Clerical Support/Administration
$145
$100
$130
$95
$70
$60
$45
Exhibit "C"
Time of Completion
The Scope of Services will be accomplished in accordance with a mutually acceptable schedule for
progress meetings and final deliverables. Final deliverables will be provided 60 days after Publix
opens.