2001-24273 RESO
RESOLUTION NO. 2001-24273
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH MARLIN ENGINEERING, INC., IN AN AMOUNT NOT TO EXCEED
$33,000, TO PROVIDE TRAFFIC COUNT DATA COLLECTION SERVICES
FOR VARIOUS NEIGHBORHOOD ENHANCEMENT (TRAFFIC
CALMING) PROJECTS, AS NEEDED, PURSUANT TO RFQ NO. 41-99/00,
PROJECT NO.9; AND UTILIZING GENERAL OBLIGATION BOND-
SERIES 2000, FUND NO. 373 FUNDS, PREVIOUSLY APPROPRIATED BY
RESOLUTION NO. 2000-24069, DATED SEPTEMBER 13, 2000.
WHEREAS, on January 30, 2000, the City issued four-hundred fifty-six notices and one-
hundred sixteen (116) specifications for Request for Qualifications (RFQ) No. 41-99100, resulting
in one (1) response, from Marlin Engineering, Inc., to Project No.9, Traffic Counting Services for
several neighborhood enhancement projects; and
WHEREAS, an Evaluation Committee recommended by the City Manager and approved
by the Mayor and City Commission met on July 20, 2000, and unanimously recommended to the
City Manager, the sole respondent, Marlin Engineering, Inc.; and
WHEREAS, Resolution No. 2000-24049, dated September 13, 2000, accepted the City
Manager's recommendation and authorized the Administration to negotiate an Agreement with
Marlin Engineering, and further appropriated the $33,000 needed to fund the Agreement, from Fund
No. 373 of the $92 Million General Obligation Bonds-Series 2000; and
WHEREAS, on January 5, 2001, Marlin Engineering, Inc. agreed to a Revised Rates
Schedule, as negotiated by the City staff for this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute a Professional Services
Agreement with Marlin Engineering, Inc., in an amount not to exceed $33,000, to provide Traffic
Count Data Collection Services for various neighborhood enhancement (traffic calming) projects,
as needed, pursuant to RFQ No. 41-99/00, Project No.9; and utilizing General Obligation Bond-
Series 2000, Fund No. 373 funds, previously appropriated by Resolution No. 2000-24069, dated
September 13, 2000.
PASSED AND APPROVED this the 21st of
February
,2001
ATTEST:
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CITY CLERK
'I/J/
MAYOR
APPROVED AS TO
FORM & LANGUAGE
. FOR EXECUTION
I'IWOllK\URA'AMELlA'/JOBON01MARLIN.lI1EM
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. ?%-(l/
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
~~
DATE: February 21, 2001
FROM:
Jorge M. Gonzalez
City Manager
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH MARLIN ENGINEERING, INC., IN AN AMOUNT NOT TO EXCEED
$33,000, TO PROVIDE TRAFFIC COUNT DATA COLLECTION SERVICES
FOR VARIOUS NEIGHBORHOOD ENHANCEMENT (TRAFFIC
CALMING) PROJECTS, AS NEEDED; PURSUANT TO RFQ NO. 41-99/00,
PROJECT NO.9; AND UTILIZING GENERAL OBLIGATION BOND-
SERIES 2000, FUND NO. 373 FUNDS, AS PREVIOUSLY APPROPRIATED
BY RESOLUTION NO. 2000-24069, DATED SEPTEMBER 13, 2000.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Most neighborhood enhancement (traffic calming) projects, listed under the $92 million General
Obligation Bond (GOB) Program-Series 2000, require traffic studies/analysis prior to entering their
planning, and final design/engineering phases. It is important to understand that, only after
the traffic study and project planning phases are in place, will the City be able to succeed at
applying for and being awarded matching grants to the GOB funds available for project
construction. Unsubstantiated applications are simply dismissed by today's grant sources.
Pursuant to Request for Qualifications CRFQ) No. 41-99100, Project No.9, for the provision of
Traffic Count Data Collection Services for GOB Projects, City staff conducted negotiations with the
sole respondent, Marlin Engineering, Inc., for the performance of the traffic studies and analysis
above-mentioned, as authorized by Resolution No. 2000-24069, dated September 13, 2000.
After negotiating lower fixed rates with the respondent, the Administration hereby submits for your
consideration a proposed Professional Services Agreement with Marlin Engineering, at a total cost
not to exceed $33,000. The Agreement includes the following negotiated items:
(; Several individual projects will be performed on an as-needed basis, at the determination of
the City Project Manager.
AGENDA ITEM
C75
;)-;2/-01
DATE
February 21, 2001
Commission Memorandum
Agreement with Marlin Engineering/Traffic Counts
Page 2
(; A Consultant's "Revised Rate Schedule" which includes the following rate categories:
* FIXED RATES for machine counts, turning movement counts, and classification counts; as
follows:
Machine Counts (summarized by IS-minutes & 24-hours)
24-hour, 1 Day $125.00
24-hour, 2 Day $250.00
24-hour, 3 Day $320.00
Turning Movement Counts (summarized by IS-minutes & hourly)
I-Person Counting (per day, per intersection)
4-hour (7-9 AM, 4-6 PM)
6-hour (7-9 AM, 11 AM-I PM, 4-6 PM)
2-Person Counting (per day, per intersection)
4-hour (7-9 AM, 4-6 PM)
6-hour (7-9 AM, 11 AM-l PM, 4-6 PM)
$200.00
$275.00
$300.00
$400.00
Classification Counts (Bidirectional)
4 Lane Divided Roadway, I-Day (2 machines) $250.00
6 Lane Divided Roadway, I-Day (3 machines) $375.00
4 Lane Divided Roadway, 2-Day (2 machines) $500.00
6 Lane Divided Roadway, 2-Day (3 machines) $750.00
* HOURLY RATES for additional services, such as spot speed surveys, traffic warrant analysis,
prevailing roadway conditions, traffic conflict studies, travel time and delay, or signal phase
analysis. These additional services will be priced by the Consultant per project, when/if
requested in writing by the City Project Manager, and shaH be based on the negotiated hourly
rates, as follows:
Principal
Project Manager (Registered Engineer)
Traffic Engineer/Designer
Traffic TechnicianlDrafter
Clerical
$137.64
$105.28
$ 78.77
$ 47.28
$ 42.96
February 21, 2001
Commission Memorandum
Agreement with Marlin Engineering/Traffic Counts
Page 3
FUNDING: Resolution No. 2000-24069, dated September 13, 2000, also authorized the
appropriation of $33,000 from Fund No. 373 of the $92 million General Obligation Bond-Series
2000.
The Administration recommends approval of the Resolution.
J&~AJ ~
Attachments: Resolution
Professional Services Agreement
f,IWOJlK\$TRA\AMIlUA'llOBOND\MARUN,MBM
1
RESOLUTION NO. 2000-24069
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE
ONLY PROPOSAL RECEIVED IN RESPONSE TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 41-99/00, PROJECT NO.9, TO PROVIDE
TRAFFIC COUNT DATA COLLECTION SERVICES FOR VARIOUS
NEIGHBORHOOD ENHANCEMENT PROJECTS; AUTHORIZING THE
ADMINISTRATION TO ENTER L.~TO NEGOTIATIONS WITH MARLIN
ENGINEERING, INC., THE SOLE RESPOl'il>ENT; AND FURTHER
APPROPRIATING $33,000 FOR THE PURPOSE FROM THE $92 MILLION
GENERAL OBLIGATION BONDS-SERIES 2000, FUND NO. 373, AS
RECOMMENDED BY THE G. O. BONDS OVERSIGHT COMMITTEE.
WHEREAS, on January 30, 2000, the City. issued four-hundred fifty-six notices and one-
hundred sixteen (116) specifications for Request for Qualifications CRFQ) No. 41-99/00, resulting
in one (1) response, from Marlin Engineering, Inc., to Project No.9, Traffic Counting Services for
several neighborhood enhancement projects; and
WHEREAS, an Evaluation Committee recommended by the City Manager and approved
by the Mayor and City Commission met on July 20, 2000, and unanimously recommended that the
Administration enter into negotiations with the sole respondent, Marlin Engineering, Inc.; and
WHEREAS, the City Manager reviewed and concurs with the recommendation of the
Evaluation Committee; and
WHEREAS, the appropriation of$33,000 from Fund No. 373 of the $92 million General
Obligation Bonds-Series 2000, was submitted to and recommended by the G. O. Bonds Oversight
Committee, at their meeting of July 31, 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pertaining to the only proposal
received in response to Request for Qualifications CRFQ) No. 41-99/00, Project No.9, to provide
Traffic Count Data Collection Services for various neighborhood enhancement projects; authorize
the Administration to enter into negotiations with Marlin Engineering, Inc., the sole respondent; and
further appropriate $33,000 for the purpose from the $92 million General Obligation Bonds-Series
2000, Fund No. 373, as recommended by the G. O. Bonds Oversight Committee.
PASSED A."ID APPROVED this the 13th of
September
, 2000.
ATTEST:
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CITY CLERK
iJIIh
MAYOR
APPROVI:D N) 10
FORM & LANGUAGE
& FOR EXeCUTION.
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City Altomey bote
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A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
MARLIN ENGINEERING, INC.
FOR THE PERFORMANCE OF
TRAFFIC COUNT DATA COLLECTION SERVICES
FOR
VARIOUS NEIGHBORHOOD ENHANCEMENT (TRAFFIC CALMING) PROJECTS
GENERAL OBUGATION BONDS PROGRAM
THIS AGREEMENT made and entered into this ::2.I.lr day of 1tJf)!Ulfl1U1 ,2001
by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City),
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and
MARLIN ENGINEERING, INC. (hereinafter referred to as Consultant), whose address is 2191
NW 97th A venue, Miami, Florida 33172.
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and Consultant.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services:
All services, work and actions by the Consultant performed pursuant to or
undertaken under this Agreement, as described in Section 2.
Project:
Each individual project to be performed by the Consultant, on an as-
needed basis, pursuant to this Agreement.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Termination:
Termination of Consultant Services, as provided in Subsection 4.9 of this
Agreement.
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SECTION 2
SCOPE OF WORK
Several neighborhood enhancement (traffic calming) projects, listed under the City's $92
Million General Obligation Bond (GOB) Program, may require Traffic Count Data Collection
Services. The scope of work to be performed by Consultant is set forth in Exhibit "A," entitled
"Scope of Services" (Services).
SECTION 3
COMPENSATION
3.1 FEE STRUCTURE
Consultant shall be compensated for the Services performed, as set forth in "Exhibit "B,"
entitled Consultant's Revised Rate Schedule, dated January 5, 2001. The total Agreement cost,
however, shall not exceed Thirty Three Thousand and 001100 Dollars ($33,000). Such Fee
Structure is summarized herein, as follows:
3.1.1 Fixed Rates shall be charged for machine counts, turning movement counts, and
classification counts; and
3.1.2 Hourly Rates shall be charged for additional services, such as spot speed surveys,
traffic warrant analysis, prevailing roadway conditions, traffic conflict studies, travel time
and delay, or signal phase analysis. Any such additional services requiring hourly rates,
must be approved in writing by the City prior to commencement of same.
3.2 METHOD OF PAYMENT
Payments shall be made for all services satisfactorily performed within thirty (30) days of
receipt of Consultant's invoice by the City.
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SECTION 4
GENERAL PROVISIONS
With respect to the performance of the Services, Consultant shall do the following:
4.1 RESPONSIBILITY OF THE CONSULTANT
4.1.1 Consultants shall exercise that degree of skill, care, efficiency and diligence
normally exercised by recognized professionals with respect to the performance of
comparable Services.
4.1.2 In its performance of the Services, Consultant shall comply with all applicable
laws and ordinances, including but not limited to, applicable regulations of the City,
County, State, Federal, ADA, EEO Regulations and Guidelines.
4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes shall be filed with the City's Procurement Department.
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 Manager.
4.4 DURATION AND EXTENT OF AGREEMENT
This Agreement includes Services that shall be performed by the Consultant on an as-
needed basis and shall continue until all funds appropriated for the fee to be paid to Consultant
herein are expended.
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4.5 TIME OF COMPLETION
Consultant shall agree to a completion date to be determined by the City. Extension of
Consultant Services shall be determined in the event the performance of Consultant's Services
are delayed or prevented from proceeding by any circumstances beyond the reasonable control of
the Consultant, including weather conditions or acts of God which might render the performance
of such Services impossible.
4.6 OWNERSHIP OF DOCUMENTS AND EOUlPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership by the
City. Any reuse by Consultant shall be approved in writing by the City.
4.7 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be
alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the
Consultant, its employees, agents, sub-consultants, or any other person or entity acting under
Consultant's control, in connection with the Consultant's performance of the Services pursuant to
this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall
pay all such costs and judgements which may issue from any lawsuit arising from such claims
and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals. The parties agree that one percent (1 %) of the total
compensation to the Consultant for performance of the Services under this Agreement is the
specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement.
The Consultant's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against any
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actions or claims which arise or are alleged to have arisen from negligent acts or omissions or
other wrongful conduct of the City and its officers. employees and agents. The parties each agree
to give the other party prompt notice of any claim coming to its knowledge that in any way
directly or indirectly affects the other party.
4.8 INSURANCE REOUlREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all
insurance required under this Subsection has been obtained and such insurance has been
approved by the City's Risk Manager. The Consultant shall maintain and carry in full force
during the term of this Agreement and throughout the duration of the work the following
insurance:
1. Consultant General Liability in the amount of $250,000 (only Traffic Data
Study). A certified copy of the Consultant's (and any sub-consultants')
Insurance Policy must be filed and approved by the City's Risk Manager
prior to commencement.
2. Workers Compensation & Employers Liability as required pursuant to
Florida Statute.
These certificates will be kept on file in the Office of the Risk Manager, 3rd Floor, City
Hall. The Consultant is responsible for obtaining and submitting all insurance certificates for
their sub-consultants.
All insurance policies must be issued by companies authorized to do business under the
laws of the State of Florida. The companies must be rated no less than "B+" as to management
and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the City's Risk Manager.
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Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Subsection or under any other portion of this Agreement,
and the City shall have the right to obtain from the Consultant specimen copies of the insurance
policies in the event that submitted certificates of insurance are inadequate to ascertain
compliance with required overage.
4.8.1 ENDORSEMENTS
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.8.2 CERTIFICATES
Unless directed by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, original certificates of insurance showing
that the requirements of this Subsection (in its entirety) have been met and provided for.
4.9 TERMINATION. SUSPENSION AND SANCTIONS
4.9.1 Termination for Cause
If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the
covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have
the right to terminate the Services then remaining to be performed. Prior to exercising its option
to terminate for cause, the City shall notify the Consultant of its violation of the particular terms
of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may
terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties
and terms arising out of lor by virtue of this Agreement.
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In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Consultant and its
subcontractors shall be properly assembled and delivered to the City at the Consultant's sole cost
and expense, and the funds paid to Consultant pursuant to Section 3 herein shall, at the City's
option and sole discretion, be returned and/or otherwise repaid in their entirety to the City.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Consultant. The City, at
its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable
actions which it deems to be in its best interest in order to enforce the City's right and remedies
against the defaulting party. The City shall be entitled to recover all costs of such actions,
including reasonable attorneys fees. To the extent allowed by law, the defaulting party waives its
right to jury trial and its right to bring permissive counter claims against the City in any such
action.
4.9.2 Termination for Convenience of City
THE CITY MAY, FOR ITS CONVENIENCE AND WITHOUT CAUSE,
TERMINATE THE SERVICES THEN REMAINING TO BE PERFORMED AT ANY
TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO
CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE
SEVEN (7) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE
WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR
UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN
SECTION 2 AND IN EXHIBIT" A," SHALL BE PROPERLY ASSEMBLED AND
DELIVERED TO THE CITY AT CONSULTANT'S SOLE COST AND EXPENSE. IF
THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS
SUBSECTION, THE CONSULTANT SHALL BE PAID FOR ANY SERVICES
SA TISF ACTORIL Y PERFORMED UP TO THE DATE OF TERMINATION.
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4.9.3 Termination for Insolvencv
The City also reserves the right to terminate the remaining Services to be performed in
the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the parties
shall be the same as provided for in Section 4.9.2.
4.9.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions of
this Agreement, the City shall impose such sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to, withholding of payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation, termination
or suspension of the Services. In the event the City cancels or terminates the Services pursuant to
this Subsection the rights and obligations of the parties shall be the same as provided in Section
4.9.5 Changes and Additions
Changes and additions in the Services shall be directed by a written Amendment to the
Agreement signed by the duly authorized representatives of the Consultant. Said Amendment
may provide an equitable adjustment in the time of performance, a reallocation of the task budget
and, if applicable, any provision of this Agreement which is affected by said Amendment. The
City shall not reimburse the Consultant for the cost of preparing Agreement change documents,
written Notices to Proceed, or other documentation in this regard.
4.10 AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may deem necessary,
there shall be made available to the City and/or such representatives as the City may deem to act
on its behalf, the right to audit, examine and make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
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covered by this Agreement. Consultant shall maintain any and all records necessary to document
compliance with the provisions of this Agreement.
4.11 ACCESS TO RECORDS
Consultant agrees to allow access during normal business hours to all financial records to
the City and/or such authorized representatives as it may deem to act on its behalf, and agrees to
provide such assistance as may be necessary to facilitate financial audit by the City or its
representatives when deemed necessary to insure compliance with applicable accounting and
financial standards. Consultant shall allow access during normal business hours to all other
records, forms, files, and documents which have been generated in performance of this
Agreement, to those personnel as may be designated by the City.
4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.13 SUB-CONSULTANTS
The Consultant shall be liable for the Consultant's services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any
other person or entity acting under the direction or controls of the Consultant. When the term
"Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any
other person or entity acting under the direction or control of Consultant. All sub-consultants
must be approved in writing prior to their engagement by Consultant.
4.14 EOUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, physical handicap, or sexual
orientation. The Consultant shall take affirmative action to ensure that applicants are employed
and that employees are treated during their employment without regard to their race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
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. ,
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
4.15 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance, as amended; and by the City of Miami Beach Charter and Code,
which are incorporated by reference herein as if fully set forth herein, in connection with the
Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the performance
of the Services. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Consultant. No member of
or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising therefrom.
4.16 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
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
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. .
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:
Marlin Engineering, Inc.
Ramon Soria, P.E., President
2191 NW 97th Avenue
Miami Florida, 33172
(305) 477-7575
(305) 477-7590 - Fax
TO CITY:
City of Miami Beach
Joseph W. Johnson, ill, Director
Transportation Concurrency Management Division
Project Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
(305) 673-7000, Ext. 6185
(305) 673-7028 - Fax
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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 .TURISDlCTION/VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein exclusive venue for the enforcement of same shall lie in Dade County, Florida.
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4.19 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein and superseded hereby. The
Services and the Proposal Documents are hereby incorporated by reference into this Agreement.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City Commission
of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State of
Florida.
4.20 LIMIT A TION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of $10,000, less the amount of all funds actually paid by the City to Consultant pursuant
to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $10,000, which amount shall be reduced by the amount actually paid by the
City to Consultant pursuant to this Agreement, for any action or claim for breach of contract
arising out of the performance or non-performance of any obligations imposed upon the City by
this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of the limitation placed upon the City's liability as set forth in
Section 768.28, Florida Statutes.
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.,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
~ff~
City Clerk
f!J1
By:
City Manager
FOR CONSULTANT:
MARLIN ENGINEERING, INC.
ATTEST:
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Secretary \ '
By:
Corporate Seal
F:\WOl\KI$TllA\AMEUA'l.lOBOND'MARLIr<,AOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXEcunON
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EXHIBIT "A"
SCOPE OF SERVICES
TRAFFIC COUNT DATA COLLECTION SERVICES
FOR CERTAIN GENERAL OBUGA nON BOND PROGRAM PROJECTS
Introduction: Certain neighborhood enhancement (traffic calming) projects, under the $92 million
General Obligation Bond Program (GOB) of the City of Miami Beach, may require traffic data
collection services (the Services) prior to beginning their planning, and design/engineering!
permitting phases.
Methodolol!V: At the City Project Manager's written request, the Consultant will perform such
Services, on a per-project basis, until the $33,000 total contract cost is expended:
(; Services related to each individual projects will be performed on a as-needed basis, at the
determination of the City Project Manager.
(; The Services will be charged to the City according to the Consultant's "Revised Rate
Schedule," dated January 5, 2001, and hereto attached as EXHIBIT "B," which includes the
following rate categories:
* Fixed rates for machine counts, turning movement counts, and classification counts; and
* Hourly rates for additional services, such as spot speed surveys, traffic warrant analysis,
prevailing roadway conditions, traffic conflict studies, travel time and delay, or signal
phase analysis.
(; The above-mentioned additional services will be priced by the Consultant per individual
project, based on the hourly rate schedule, when/if requested by the City Project Manager.
(; There is no public involvement/meetings component included in this Scope of Services,
besides the ones conducted (as needed) with the City Project Manager.
Contract Term:
The Services will begin with a notice to proceed/assignment of the
first project, and will end when the appropriated funds are expended.
Contract Price:
$33,000
Citv Proiect Manal!:er:
Joseph W. Johnson ill
F.'WOIlX'ISTIlAWoIEl.lA'OOIIOND'MAllUN.MEM
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EXHIBIT "B"
Marlin Engineering, Inc.
Consulting Engineers & Planners
REVISED RATES SCHEDULE
January 5, 2001
Mr. Joseph W. Johnson III, AICP
Director
City of Miami Beach
Transportation/Concurrency Management Division
1700 Convention Center Drive
Miami Beach, Florida 33139
As per our negotiation meeting, 1 have revised our rates to the following:
Description
Price
Machine Counts (summarized by IS-minutes & 24-hours)
24-hour, 1 Day
24-hour, 2 Day
24-hour, 3 Day
$125.00
$250.00
$320.00
Turning Movement Counts (summarized by IS-minutes & hourly)
I-Person Counting (per day, per intersection)
4-hour (7-9 AM, 4-6 PM)
6-hour (7-9 AM, 11 AM-l PM, 4-6 PM)
2-Persons Counting (per day, per intersection)
4-hour (7-9 AM, 4-6 PM)
6-hour (7-9 AM, 11 AM-I PM, 4-6 PM)
$200.00
$275.00
$300.00
$400.00
Classification Counts (Bidirectional)
4 Lane Divided Roadway, I-Day (2 machines)
6 Lane Divided Roadway, I-Day (3 machines)
4 Lane Divided Roadway, 2-Day (2 machines)
6 Lane Divided Roadway, 2-Day (3 machines)
$250.00
$375.00
$500.00
$750.00
Other Counting Services Priced on Request.
2191 NW 97th Avenue, Miami, Florida 33172 . Tel. 13051 477-7575 . Fax. (305) 477-7590 . www.marllnengineerlng.com
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REVISED RATES SCHEDULE, Page 2
HOURLY RATES
Catee:orv
Principal
Project Manager (Registered Engineer)
Traffic EngineerIDesigner
Traffic Technician/Drafter
Clerical
I look forward to working with you and your staff on this project.
Sincerely,
MARLIN ENGINEERING, INC.
Hourlv Rates
$137.64
$105.28
$ 78.77
$ 47.28
$ 42.96
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MARLIN