Agreement with the Florida Atlantic University Board of Trustees a° 1 S- 28197
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH
AND
THE FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES
This Agreement entered into between City of Miami Beach, a municipality existing under
the laws of the State of Florida with its principal place of business at 1700 Convention Center
Drive, Miami Beach, FL 33139 (hereinafter"Sponsor"), and The Florida Atlantic University
Board of Trustees (hereinafter"FAU"), to conduct the work related to the Project entitled
"Evaluation of Advanced Traffic Management Systems on SR 112/41St Street"(hereinafter, the
"Project"). Sponsor and FAU shall hereinafter be referred to collectively as the"Parties".
WITNESSETH:
WHEREAS, Sponsor desires to engage and retain the services of FAU for the Project and
FAU desires to accept such engagement.
NOW THEREFORE, in consideration of the foregoing and mutual promises, covenants
and Agreements herein contained, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
I. PERIOD OF PERFORMANCE
This Agreement shall become effective on January 14th, 2015, and shall terminate on
December 31St, 2015 ("Project Period"). The Project Period may be extended and/or renewed for
additional periods by the mutual written Agreement of the Parties. Notwithstanding the Project
Period, the Parties shall adhere to the specific timelines set forth in the Project Schedule attached
as Exhibit B hereto.
II. PROJECT ADMINISTRATOR
All questions concerning administration of this Agreement should be addressed to:
FOR FAU: FOR SPONSOR:
Camille E. Coley, J.D. Jose R. Gonzalez, P.E.
Associate Vice President for Research Transportation Department Director
Interim Director, Office of Sponsored Programs City of Miami Beach
Florida Atlantic University 1700 Convention Center Drive
Division of Research 4th Floor
777 Glades Road, ADM 392 Miami Beach FL, 33139
Boca Raton, Florida 33431 Phone: 305-673-7514
Phone: (561) 297-3461
Fax: (561) 348-4117
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All questions regarding the technical aspects of the Project should be addressed to:
III. PROJECT DIRECTOR
FOR FAU: FOR SPONSOR:
Aleksandar Stevanovic, PhD, P.E. Jose R. Gonzalez, P.E.
Department of Civil, Environmental Transportation Department Director
And Geomatics Engineering City of Miami Beach
Florida Atlantic University 1700 Convention Center Drive
777 Glades Road, ADM 392 4th Floor
Boca Raton, Florida 33431 Miami Beach FL, 33139
Phone: (561) 297-3743 Phone: 305-673-7514
IV. STATEMENT OF WORK
Specific Responsibilities of FAU will be found in the attached Scope of Services (Exhibit
A hereto).
V. COMPENSATION
Funds provided for FAU's involvement in this Project shall be $97,642, per the budget attached
hereto in Exhibit C. Sponsor shall pay FAU Project as follows:
Due Date for Payment to FAU Amount of Payment
70% on execution $68,349
30% on receipt and acceptance by the City of Final Technical Report $29,293
Payment shall be made by Sponsor via wire (electronic funds) transfer to: Bank of America,
ABA#026009593, Account Number# 1611678406.
Should Sponsor fail to make any of the payments set forth above, FAU may terminate this
Agreement in accordance with Article X herein.
VI. TECHNICAL REPORTS
The PROJECT DIRECTOR shall furnish SPONSOR with written reports upon completion of
each task on such dates as described in Exhibit B.
VII. INDEPENDENT CONTRACTOR
The officers, employees and agents of each Party shall not be considered the officers,
employees or agents of the other Party for purposes of accomplishing the work to be performed
under this Agreement or for any other purpose. Nothing in this Agreement shall create any
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association, partnership or joint venture between the parties or any employer-employee
relationships. Nothing in this Agreement shall be deemed to affect the rights, privileges and
immunities afforded by law to FAU, the Florida Board of Governors and the State of Florida and
the City of Miami Beach, and their respective trustees, officers, employees and agents.
VIII. INTELLECTUAL PROPERTY
FAU agrees to notify SPONSOR of any invention made by FAU hereunder within thirty(30)
days after receipt of an invention disclosure from the inventor. Inventions made solely by FAU
faculty, students and staff under this Agreement will be solely owned by FAU. FAU shall prepare
and prosecute all related patent applications. Inventions made jointly by FAU and SPONSOR
will be owned jointly by SPONSOR and FAU, who agree to jointly determine patent filing and
licensing subject to existing patent law. Inventions made solely by SPONSOR will be solely
owned by SPONSOR. This understanding is subject to the rights of the U.S. Government, if any.
SPONSOR shall indicate FAU in writing, within thirty(30) days of receipt of invention
disclosure, whether it wishes FAU to file a patent application on the invention, of applicable, or
whether it wishes FAU to register a copyrightable material.
r a royalty-bearing
FAU agrees to grant and hereby grants SPONSOR an option to secure
license under reasonable terms, with the right to make, use and sell,have made and have used,
the claimed invention of any patent which is based on any invention conceived and reduced to
practice during the term of this Agreement. Such option shall be in effect and exercisable for
ninety(90) days from the date of filing if a U.S. patent application under this Agreement or for
ninety(90) days from the date of receipt of notice of such a filing by SPONSOR whichever date
is earlier.
The license, which will be exclusive, will include a royalty rate in an amount to be negotiated
in good faith by both FAU and SPONSOR at the time SPONSOR decides to exercise its option.
SPONSOR shall have the rights under the license to sublicense and shall have the sole right to
designate the terms of any sublicense,provided that FAU shall receive, at a minimum, the royalty
rate expressed in the license between FAU and SPONSOR, and fifty percent(50%) of any other
remuneration received by SPONSOR from sub-licensees.
At the time of exercise of the option, SPONSOR shall indicate in which foreign countries it
wants a patent application filed. Rights to such foreign countries shall be included in the patent
rights under any license between FAU and SPONSOR.
SPONSOR shall reimburse FAU for all filing,prosecution and maintenance costs for all
patent applications and all issued patents filed at the request of SPONSOR. Any such patents
application shall become part of the patent rights in any license between FAU and SPONSOR.
SPONSOR shall also reimburse FAU for all filing,prosecution and maintenance costs for all
other patent applications and issued patents which become part of the patent rights in any license
Agreement between FAU and SPONSOR.
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IX. PUBLICATION
SPONSOR acknowledges that FAU may wish to disclose information which sponsor
considers confidential, in furtherance of the PROJECT. This consideration notwithstanding, if
any such information is disclosed to FAU it shall be marked"confidential information"and
furnished in writing only to the PROJECT DIRECTOR within thirty(30) days of disclosure. If
orally disclosed, it shall be noted as confidential at that time,reduced to writing, and marked as
confidential and sent to FAU. Confidential information shall remain the property of the
SPONSOR and for a period of five(5)years from the end of the Agreement shall not be used or
disclosed to others except in furtherance of this Agreement. The foregoing obligation of non-
disclosure shall not apply to:
a. Information which at the time of disclosure is in the public domain;
b. Information which after disclosure is published or otherwise becomes part of the
public domain through no fault of FAU or the SPONSOR;
c. Information which SPONSOR provides written permission to disclose.
d. Information FAU has to legally disclose.
X. TERMINATION
A. Termination at Will:
This Agreement may be terminated by either Party hereto by written notice to the other
Party of such intent to terminate at least thirty(30) days prior to the effective date of such
termination.
B. Non-Waiver/Notices:
Failure by either Party to insist upon strict performance of any of the provisions of this
Agreement, or either Party's failure or delay in exercising any rights or remedies provided herein
or by law, shall not be deemed a waiver of any rights of either Party to insist upon strict
performance hereof or of any of either Party's rights or remedies under this contract or law, and
shall not operate as a waiver of any of the provisions hereof or as a modification of the terms of
the Agreement.
Any notice required by this Agreement shall be delivered to the Project Administrator in
Article II herein by Certified Mail,return receipt requested,by facsimile transmission, overnight
delivery service or in person.
C. Termination Arrangements:
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After receipt of a notice of termination and except as otherwise directed by SPONSOR,
FAU shall:
1. Stop work under the Agreement on the date, and to the extent specified in the
notice of termination.
2. Place no further orders or Agreements for materials, services, or facilities, except
as may be necessary for completion of such portion of work under the Agreement as is
not terminated.
3. Terminate all orders and Agreements to the extent that they relate to the
performance of work which was terminated.
4. Handle all SPONSOR property as directed by SPONSOR.
5. Prepare all necessary reports and documents required under the terms of the
Agreement up to the date of termination.
Regardless of reasons for the termination, Sponsor shall compensate FAU for actual costs
incurred up to the time of termination including for all non-cancelable commitments entered into
by FAU in furtherance of this Agreement.
XI. MODIFICATION
This Agreement may only be changed or modified by a written amendment executed by
the Parties in the same fashion as the original.
XII. APPLICABLE LAW
The Parties' rights, obligations and remedies under this Agreement shall be interpreted
and governed in all respects by the laws of the State of Florida. The Parties consent to the sole
and exclusive jurisdiction of the courts of the State of Florida in connection with any dispute
arising out of this Agreement and agree to jurisdiction and venue of a court of subject matter
jurisdiction located in Miami-Dade County, State of Florida.
XIII. COMPLETE AGREEMENT
This Agreement is intended as the complete and exclusive statement of the Agreement
between the Parties. Parole or extrinsic evidence shall not be used to vary or contradict the
express terms of this Agreement, and recourse may not be had to alleged dealings,usage of trade,
course of dealing, or course of performance to explain or supplement the express terms of this
Agreement.
All appendices to this Agreement are incorporated as if set out fully herein. In the event
of any inconsistency(ies) or conflict(s) between the language of this Agreement and the
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attachments hereto, the language of such attachments shall be controlling but only to the extent
of such conflict(s) or inconsistency(ies).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective duly authorized officers.
The Florida Atlantic University City of Miami Beach
Board of Trustees
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Car-nille C:Colley Nancy S.Thoman Name: Ph' p Or
Inter rH)ireetor Fate Director Title: ' °
Sponsored Programs �/ ', -
Office of Sponsored PeDgitaPalantic Universify
Florida Atlantic University
Date: -a O--/s Date:
N e: Rafael Granado
Title: CITY CLERK
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Florida AtO�nn"On University
Exhibit A—Scope of Service
Project Title: Evaluation of Advanced Traffic Management Systems on SR 112/41st
Street
Principal Investigator: Aleksandar Stevanovic, PhD, PE
Florida Atlantic University
Department of Civil, Environmental and Geomatics Engineering
777 Glades Rd. Bldg. #36
Boca Raton, FL 33431
astevano @fau.edu,
Telephone: 561-297-3743,
DOR Contact: Camille E. Coley, J.D.
Associate Vice President for Research
Interim Director, Office of Sponsored Programs
Florida Atlantic University, Division of Research
777 Glades Road, ADM 392
Boca Raton, FL 33431
ccoley @fau.edu
T: 561-297-3461
F: 561-297-2141
Project Manager: Jose R. Gonzalez,P.E.
City of Miami Beach
Transportation Department
1700 Convention Center Drive,
Miami Beach, FL 33139
josegonzalez @miamibeachfl.gov
305-673-7000 Ext. 6768
Cell: (786)295-6863 /
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Background Statement
The City of Miami Beach is pursuing the implementation of various Intelligent Transportation
System(ITS) elements south of State Road(S.R.) 112/41st Street. This effort constitutes Phase I
of the City's congestion management efforts. One of the key aspects of the initiatives is the
proposed implementation of Adaptive Signal Control Technology(ASCT) along various arterial
corridors in the City. The City has worked with the Florida Department of Transportation(FDOT)
and Miami-Dade County(MDC)to understand future plans and projects addressing signalization
and congestion issues along some of these corridors.
In 2014, the City of Miami Beach Commission allocated funding for the implementation
of ITS technologies. Since the City is following an accelerated timeline for an expedited
implementation, the Micro-Simulation of some of these corridors is being considered to determine
the feasibility of the installation of ASCT along a pilot corridor. Since some arterials in the City
are under construction,traffic circulation along these corridors and others in the vicinity has been
affected, thus making those corridors not optimal for the ASCT Pilot Project.
Given the aforementioned limitations of the network at this point, the City of Miami
Beach is pursuing the installation of ASCT along S.R. 112/41st Street between Collins Avenue
and Alton Road. At this point the City is considering the implementation of one of two
technologies, InSync by Rhythm Engineering or ATMS Adaptive Signal Control Module
developed by Kimley-Horn and Associates.
Project Objective(s)
Objectives of the"EATMS on 41st Street"project can be summarized as:
1. Compare two adaptive traffic control logics in simulation environment.
2. Perform a benefit-cost analysis to find optimal solution for the City's traffic signal
operations on the corridor in question.
Supporting Tasks and Deliverables
Task 1: Data Collection for the Model Building,Calibration,and Validation
The scope of work for this project does not include Data Collection. The FAU will provide the
City of Miami Beach with the scope of work for all data collection necessary for the study. This
will include what data need to be collected(e.g. turning movement counts, travel times, etc.)to
successfully model three traffic periods: weekday AM and PM peak periods, and a weekend peak
period(which will require some preliminary data collection to establish hours of weekend
peak).The city will contract a data collection consultant to perform the data collection services.
Deliverable: Scope of work for Data Collection will be delivered to the City within two (2)weeks
of the contract execution date.
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Task 2: Building, Calibration, and Validation of VISSIM Models
The FAU will be responsible to develop a VISSIM(microsimulation program)model which will
truthfully(to the best extent possible)represent the field conditions. Once the model is developed
it will be calibrated and validated to match three peak periods: weekday's AM and PM peak
periods and a weekend peak period(whenever it occurs during a day). Once the models are
calibrated, vendors of the Adaptive Traffic Control logics, in this case Rhythm Engineering and
Kimley-Horn and Associates, Inc. will be responsible to develop their logics which will be
interfaced with the simulation model.
Deliverable: Calibrated and validated VISSIM models for two peak periods and one weekend
period.
Task 3: Evaluation of Adaptive Traffic Control Logics through Micro simulation
The City is pursuing the performance of a Micro-Simulation Model of S.R. 112/41st Street
between S.R. AlA/Collins Avenue and Alton Road. The performance of the Micro-Simulation
will determine the feasibility of the technologies being considered by the City by providing an
analytic review of the results of these technologies when compared to the current operating
conditions. Given that the FDOT Approved Product's List(APL) currently has Rhythm
Engineering's InSync system as the only ASCT approved by the state, the City seeks to
implement the logic and parameters of this system in the Micro-Simulation. In addition to the
implementation of Rhythm Engineering's InSync system, the University shall also be responsible
for the implementation of Kimley-Horn Integrated Transportation Systems(KITS)Kadence logic.
Some preliminary inquiries are made to describe the technical details of the collaboration
and necessary software and hardware requirements. These inquires led to the conclusions that all
of the experiments should be performed under following technical conditions:
• A single laptop computer which will be open for outside communications(e.g. through
VPN,remote computing and other external accesses, necessary for the vendors to directly
intervene when necessary)
• With VISSIM software running D4 Software-In-the-Loop Simulation(SILS) controllers,
which is necessary for implementation of Kadence,while the InSync can also be
supported.
More specifically vendors will be responsible for the following things,based on their anticipation
of necessary effort and cost proposed in the budget sheet. Execution of the tasks and deliverables
will be supervised through subcontracts between the FAU and the vendors.
A. Kimley-Horn will provide the services specifically set forth below:
• Provide standalone version of KADENCE that runs with VISSIM and virtual D4
controller
• Creation of installer for standalone version of Kadence for VISSIM 5.4
• Update of standalone version of Kadence to current version
• Assist FAU staff with configuring virtual D4 controllers and Kadence
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Technical Requirements:
From a technical perspective KHA will provide FAU with an installer and help FAU configure
KADENCE to run on a computer that also has VISSIM and virtual D4 controller installed. The
whole setup would run on one computer or virtual machine. KHA suggests following specs for
this machine:
• Quad Core processor(in order to meet CPU demand from VISSIM, Virtual D4 and
KADENCE running at the same time)
• 8GB of RAM(in order to meet the memory requirements for all the programs)
• Solid State Drive(for fast access to database and log files)
Deliverables:
1. KADENCE Install Shield installer with KADENCE version 14.10.1.0 that is set up to
operate with virtual D4 controller.
2. Up to 30 hours of configuration and tuning support for Virtual D4 and KADENCE.
B. Rhythm Engineering will provide the following services in accordance with our agreed
upon scope:
• Rhythm configuration engineers will develop three(3) IniSync corridor/network
configurations for the proposed system that will support the simulation process
• Upon agreement between Rhythm and FAU that stable and calibrated VISSIM models
are complete, Rhythm will deliver the three configurations within six (6) weeks to
FAU
• Assign a primary engineer to manage Rhythm's assigned tasks as well as those of
FAU and the City
Technical Requirements:
• Remote access is required for the installation of the IniSync software and the InlSync-
to-VISSIM software interface module in addition to the configuration of the IniSync
parameters for the simulated corridor.
• Remote access into the computer running VISSIM may be accomplished in one the
following way: Virtual Private Network into the client network and then Remote
Desktop Protocol into the VISSIM computer.
• Storage requirements for IniSync/IniSync-to-VISSIM interface module: 100 MB
storage, 8 MB RAM.
Deliverables:
1. Three InSync configurations for the three peak period traffic conditions.
2. Assignment of a primary engineer to manage Rhythm's assigned tasks.
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In addition to the vendors' efforts to interface their Adaptive Traffic Control logics with the
simulation, the FAU will:
• Provide a remote connection to the computer(s)running VISSIM. This can be done
through a VPN or web-based remote access software.
• Configure detection inputs within VISSIM to provide Adaptive Logic with the
representative field data, as necessary.
• Capture, quantify, analyze, and report the simulation results.
Deliverable: The FAU will, with support from the vendors, deliver to the city of Miami Beach:
• VISSIM Models representing existing conditions (for three peak periods)
• InSync Logic Implementations
• Kadence KITS Logic Implementations
• VISSIM Models with InSync Adaptive Signal Control Technology
• VISSIM Models with KITS Kadence Adaptive Signal Control Technology
• Report with tabulated and graphed results and conclusions form the comparative
analysis.
Task 3: Benefit-cost Analysis
Based on the results of the Micro-Simulations, the FAU will conduct benefit-costs analysis for the
two modeled systems. The benefit-cost analysis will include the implementation costs for both
adaptive systems as well as yearly maintenance costs. The methodology for the benefit-cost
analysis will be developed in a close collaboration with the City,to ensure that the proposed
method is developed according to the City's requirements. The FAU will also conduct a literature
review of similar deployment projects of the two Adaptive Traffic Control methods and report
results to the City.
Deliverable: The FAU will develop a method to incorporate all noted benefits and costs known
for both systems. The FAU will include the results of the Benefit-Cost Analysis as part of the final
report.
Meetings
This project requires FAU participation at following anticipated meetings with the City of Miami
Beach:
1. Kick-Off Meeting: One(1)meeting is anticipated to discuss methodology and schedule of the
study.
2. Interim Progress Report Meeting: Following the completion of the initial phase of this project
the City will schedule an Interim Progress Report Meeting to review FAU progress on the
project and provide suggestions and comments especially related to the Cost/Benefit analysis.
3. Final Meeting: Following the completion of the Micro-Simulation, the FAU and the City will
meet to discuss the results of the study.
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Exhibit B—Project Schedule
The Project Schedule for this Project will be 12 months. It is estimated that the notice to proceed
(NTP) will be issued in late January 2015, which will put the end date sometimes in late January
of 2016. The following represents a tentative schedule for the Project while a detailed schedule
will be provided in coordination with the City of Miami Beach.
Tentative Schedule
Date Activity
Dec 25, 2014 Proposal delivered to the City
Feb 1, 2015 Contract signed and the notice to proceed obtained,four tasks to start in
parallel:
- Develop plan for field data collection(2 weeks)(Deliverable 1—
Invoice 5%)
- Vendors to start building the adaptive logics for the corridor(2
months)
- Develop geometry of VISSIM model(2 months)
Feb 15, 2015 Field data collection (by another consultant for data collection services) (4
weeks; this task comes around the peak traffic season which is excellent).
Apr 1, 2015 Two tasks to start in parallel:
- Finalization of signal timings with adaptive traffic control logics from
two vendors(4 weeks)
- Calibration and validation of VISSIM models(10 weeks)(Deliverable 2
(calibrated models)—Invoice 25%)
Jun 15, 2015 Two tasks to start in parallel:
- Benefit-cost analysis(8 weeks)
- Execution of the simulation scenarios(4 weeks)
Jul 15, 2015 Analysis of the results and simulation outcomes (4 weeks)
Aug 15, 2015 Final meeting with presentation of the results (Deliverable 3—Invoice
45%)
Sep 15, 2015 Delivery of the interim progress report(including simulation results and
benefit-cost analysis) (Deliverable 4—Invoice 15%)
Nov 15, 2015 Delivery of the draft final report including the literature review on similar
previous studies (two months of time given to the city to review report and
provide comments/suggestions)
Jan 15, 2016 .. . Delivery of the final report and project closure (Deliverable 4—Invoice
10%)
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Exhibit C—Budget
The cost for the Project is $97,642 with the cost breakout as indicated in the table below.
Budget Category Budget
Faculty Salaries &Benefits $ 11,320
Other Personal Services(Post-docs) $ 12,111
Student Salaries $ 8,467
Total Salaries &Benefits $ 35,068
Expendable Equipment& Supplies $ 4,500
Equipment $ 0
Subcontractors $ 37,400
Travel $ 4,400
Total Direct Costs $ 81,368
Indirect Costs @ 20% $ 16,274
Total Costs $ 97,642
The cost breakout by task is provided below.
Task Budget
Task 1 —Plan for the data collection $ 4,882
Task 2—Building, calibrating, and validating VISSIM models $ 24,411
Task 3 —Results of the Micro-simulation Experiments $ 43,939
Task 4—Draft Final Report including Cost/Benefit Analysis $ 14,646
Task 4—Final Report $ 9,764
Total Costs $ 97,642
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