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HomeMy WebLinkAboutR-03-0836J-03-638 07/16/03 RESOLUTION NO. 03— 836 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF MARLIN ENGINEERING, INC., ("MARLIN") SELECTED FROM THE LIST OF PRE -APPROVED GENERAL ENGINEERING SERVICES FIRMS APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2003, TO DESIGN AND DEVELOP A TRAFFIC STUDY FOR THE PROJECT ENTITLED "FLAGAMI AREA TRAFFIC STUDY, B-4672" IN DISTRICT 4, BASED ON (1) THE SCOPE OF SERVICES REQUIRED FOR THE PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH MARLIN EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $59,443.50, FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENTS PROJECT NO. 341206 ENTITLED: "DISTRICT 4 STREET & TRAFFIC CIRCLES." BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager's engagement of Marlin Engineering, Inc., selected from the list of pre -approved General Engineering Services firms, approved by Resolution No. 02-144 is authorized, to design and develop a traffic study :CITY COMWSSION MEETING OF RK d 4 ?"1 Resolution No. 03- 836 for the project entitled: "FLAGAMI AREA TRAFFIC STUDY, B-4672" in District 4, based on (1) the scope of services required for the project and (2) terms and conditions set forth in the Agreement executed with Marlin Engineering, Inc. pursuant to Resolution No. 02-144, with funds, in an amount not to exceed $59,443.50, for services and expenses incurred by the City, allocated from Capital Improvement Program Project No. 341206. PASSED AND ADOPTED this 24th day of July , 2003. • &10W*Wei4-4 /61ANUEL A. DIAZ, MAY ATTEST i'� RISCILLA A. TH MPSON CITY CLERK APPROVED Ay✓ 'ORM 2� XDCORRECTNESS:9- LLO ATTORNEY 73og8:tr:AS Page 2 of 2 03- 836 JORGE C. CAVO. P.E. Director May 23, 2003 QLT; " i t v of ffliaxtti MARLIN ENGINEERING, INC. 2191 NW 97`h Ave. Miami Florida 33172-2313 Attn: Hesham R. Elbadrawi, Ph.D.,P.E. Dear Mr. Elbadrawi: Re: Flagami Area Traffic Study, B-4672 — Work Order Authorization. 10E AFR10L A This work order is issued pursuant to the Professional Service Agreement between the City of Miami ("City") and MARLIN ENGINEERING, INC. dated May 16, 2002 which is deemed as being incorporated by reference herein and all of the terms and conditions set forth herein shall apply to the performance of services, except as otherwise specifically provided. 1-- Scope of services The project consists of the study of traffic on the Flagami Area , prepare study reports including analysis of existing conditions, development and recommendation of a traffic calming Master Plan, provide Engineering Drawings and obtain the final approval from Miami -Dade County, Public Works Department, Traffic Section. 2.- Time of performance The schedule for this project is Six (6) Months from the date of execution of this work order. 3.- Compensation In consideration for the services provided in this Work Order, The City agrees to pay MARLIN ENGINEERING, INC. a total fee guaranteed not to exceed of $ 59,443.50 4.- Subconsultants Subconsultants were not specified on this proposal. DEPARTMENT OF CAPITAL IMPROVEMENTS 444 S.W. 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Mlami, FL 33233-0708 03- V MARLIN ENGINEERING, INC. Flagami Area Traffic Study, B4672. Page No. 2- 5.- 5.- Budeet A budget of S 300,000.00 has been allocated for design and construction of this project. 6.- Fundin Source of founding is CIP Number 341206, entitled "Distrit 4 Streets and Traffic Circles". 7.- References a) Commission Resolution No. : Authorized by: Joe Arriola City Manager Witness JC/JO/CG/ML/ml Accepted and accepted by: MARLIN ENGIRINC� Hesham Elbadrawi, Ph.D., P.E. /1 ,— Wi�ess 03- 83C CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA -4 TO: e Hono le Mayor Me a DATE: J�JL 16 2103 FILE: of he City Commission SUBJECT : Resolution Authorizing the O Execution of Work Order For Professional Services Arriola, City Manager Agreement for "Flagami Area FROM: REFERENCES: Traffic Study, 84672". ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to negotiate and execute, in a form acceptable to the City Attorney, a Work Order Agreement with Marlin Engineering, Inc. for professional services not to exceed $59,445.50 related to "Flagami Area Traffic Study, B-4672". BACKGROUND The Department of Capital Improvements has analyzed the need to enter into an agreement with a general engineering consulting firm for the Traffic Study of the Flagami Area defined within the boundaries: Eats of 37 Ave, South of S.W. 8 St, North of N.W. 7 St and West of Tamiami Canal Road. The scope consists of the study of traffic on the referenced area, prepare study reports including analysis of existing conditions, development and recommendations of a traffic calming master plan, provide Engineering drawings and obtain the final approval from Miami -Dade County, Public Works Department, Traffic Section. Marlin Engineering, Inc. was selected from the Department of Capital Improvements pre -approved consultants list. Negotiation for the cost of professional services is necessary to ensure the City receives an equitable proposal. Funds have been identified from CIP Account No. 341206, entitled "District 4 Streets and Traffic Circles". Referenced FISCAL IMPACT None �Jc.-�JO.CGWL:ml Q3-- 836 7 _ City of Miami Flagami Traffic Calming Master Plan Scope of Services The Consultant shall provide engineering services for the preparation of a Traffic Calming Plan for the Flagami Area, under its current contract with the City of Miami. The study area is defined within the following boundaries: west on Tamiami Canal, south on SW 8"' Street, east on SW 37 Avenue (Douglas Rd) and north on NW r Street. The Scope of Services for the preparation of the Traffic Calming Plan includes the following tasks: 1.0 Public Involvement: In accordance with the City guidelines, the Consultant will coordinate two public workshops. The first step toward an effective public involvement program is to identify the audiences, or stakeholders, in the project, including coordination with permitting agencies such as FDOT, Miami -Dade County Traffic Engineering, Emergency Services and Public Works Departments. Development of a project mailing list to reach the residents and businesses, complemented with pubrrcations in local newspapers, will be part of the public information effort. First workshop: A scope workshop for the study neighborhood with an initial issue identification process, possibly some walking examination of specific issues and determination of potential solutions, and a mapping session where participants will actually draw their own picture of the proposed traffic calming solution. Second . workshop: A follow-up workshop incorporating public and city input, and technical planning tasks, to present a draft Traffic Calming Plan concept for comments and fine-tuning. Drafts of minutes from meetings will be completed within 48 hours, and the final minutes within seven days. letters responding to specific comments and questions will be prepared. A public input and analysis summary document will be developed. 2.0 Analysis of Existing Conditions: The Consultant will obtain all available relevant studies and traffic counts from the City. All existing data will be analyzed to determine the need for additional data collection. The Consultant will review and analyze traffic volume studies, speed studies, traffic accident reports and any other available data from traffic impact reports. In addition, the Consultant will perform site visits and field observations to complete the evaluation of the existing traffic conditions. Information related to traffic concerns, expressed by the public through meetings, workshops and requests will be also classified and analyzed to provide appropriate response to the public on recommended solutions. • 2191 NW 97 Avenue Miami, Florida 33172-2313 Tel. (305) 477.7575 Fax (305) 477-7590 03836 Data Collection: Activities within this task involve physical and operational characteristics of the corridors and streets within and adjacent to residential neighborhoods. The collected information will include all data necessary to per form an adequate evaluation of the existing condition, development of traffic calming alternatives, and their associated impacts on residential neighborhoods and roads. Such data will include, but not be limited to, road functional classification, geometric characteristics (typical section, intersection type and operation), traffic volumes (peak hour, daily), speed, accidents, signage, origin -destination surveys (if needed), pedestrian and bicycle facilities, Transportation Improvement Plan, neighborhood boundaries, emergency service providers, and any other engineering data, as needed, for the development of the Traffic Calming Plan. The collected data will be tabulated, reviewed and analyzed to determine the need for any additional data. Existing functional classification of roadways within the area will be investigated. Traffic Volume and Speed Studies Review: The Consultant will obtain and review existing traffic volume and speed studies. This review is anticipated to provide data for state, county, city and unclassified roads throughout the study area. .This information will be tabulated for the neighborhood and used in the identification of roadways that may need traffic calming measures or will have the operational capacity that can accomrupdate diverted traffic. Additional Data Collection: If available ini traffic and speed counts or any other performed, additional fee will be applied. performed according to the FDOT Traffic City's Project Manager. xmation is not sufficient and additional additional engineering data should be The engineering data collection will be Studies Manual and as directed by the Crash Review: The Consultant will obtain and review accident summaries and detail crash reports for. the past three years, and will review any additional safety information and current safety programs within the study area. After the probable causes of the accidents have been identified, several countermeasures will be introduced to enhance the safety along the neighborhoods in conjunction with traffic calming measures, as well as, to improve safety on collector streets receiving the diverted traffic. Engineering Analysis: Engineering analysis of all data collected, including information obtained from site visits and field observations, will be performed to determine traffic problems related to speeding and/or cut -through traffic, the need for traffic calming in neighborhood roads, and the capacity of nearby collectors and arterials to receive re -directed traffic. Also, input from the public and all agencies involved in the traffic calming process will be reviewed and assessed. The analysis will follow the requirements of the Traffic Calming Plan criteria discussed in a separate section of this scope. For the study neighborhood, the analysis will provide a list of roadways, identify traffic calming issues and potential recommended mitigation measures and impact. Results of the analysis will be documented in report form and submitted for City's review and approval. 03- 836 3.0 Development of Traffic Calming Plan: The Consultant will develop a Traffic Calming Plan documented in flow charts and graphics, based on the City goals and using current information on traffic volumes, speed studies and traffic impact studies. The following basic steps are anticipated to develop the plan: Establish Traffic Calming Criteria Determine Traffic Calming Alternatives • Develop Scoring Model to select road candidates • Prioritize Traffic Calming Projects Traffic Calming Criteria: A traffic calming warrant criteria will be established following the Miami -Dade County Traffic Calming guidelines for traffic calming eligibility and the City of Miami identified local needs: Traffic Calming Alternatives: Analysis of existing conditions and future developments, input concerns from the public and associated agencies, and warrants of traffic calming criteria will be used to determine appropriate traffic calming measures for cagdidate roads. Critical areas of public concern due to traffic intrusion, speeding and safety will be grouped and assessed with. specific traffic calming projects for each neighborhood. Scoring Model: A scoring model will be developed to select locations candidates for traffic calming measures. This model will allow the assignment of points on traffic calming needs for traffic calming factors such as: traffic volume, speed, school area, pedestrian activities, bicycle routes, absence of sidewalks. Prioritize Traffic Calming Projects: Implementation of the Traffic Calming Plan will require a priority list of projects. Costs, availability of funds and future funding sources will be considered during this process. Location and time of installation of temporary and permanent traffic calming devices will be phased and graphically shown on a City map for the study neighborhood. 4.0 Recommendations for Implementation: The Consultant will assist the City in developing an action plan for the implementation phases of the Traffic Calming Plan. Activities for this task will include the preparation of a list of priority neighborhood projects, based on the scoring obtained from applying the traffic calming criteria for mitigation of cut -through traffic volumes, speeding and to improve safety. At locations where the Consultant anticipates that there is a need to install a four-way stop control of a traffic signal, additional studies will be performed, which is outside this scope of the services. Cost estimates for each project and potential funding sources will be identified. During the investigation of potential funding sources, all safety and traffic calming funds that may be available to cities from federal, state, FDOT, MPO, and other comprehensive 03- 836 transportation programs, including FDOT TIP, will be reviewed for requirements, quantity and availability. Then, a phase schedule for the construction of traffic calming measures will be prepared and recommended to the City for implementation. 5.0 Final Products: The Consultant will prepare a study report including analysis of existing conditions, development of traffic calming plan, public involvement and recommendations for the Traffic Calming Plan for the study neighborhood. Documentation for the proposed Traffic Calming Plan will be presented in Power Point Format and read-only (PDF) format. The report will include graphical and written documentation of the Traffic Calming Process and Procedures including specific flowcharts to facilitate the implementation of the plan for the study neighborhood. In addition, the report will include hard copies and digital copies (CAD) of the temporary and permanent typical drawings for the installation of each type of the proposed traffic calming devices approved .by Miami -Dade County. The report will be submitted to the City in a paper format as well as a digital format according to the City's software requirements. 6.0 Final Approval and Presentation to City Commission: The Consultant will incorporate review comments and submit the Traffic Calming Plan document report for final approvals. Findings, results and recommendations of the study will be presented to the City Commission in a formal meeting. After this presentation, a revised final document in digital format, plus one bound and one unbound hard copies, will be submitted to the City. Project Schedule: Six (6) months, see attached schedule. 03- 836 CONDUCT 1sr PUBLIC MEETING TRAFFIC DATA COLLECTION • Perform Volume Coins • Perform Speed Stuck es • Perform PedestrianStudtes • Perform Origin -Destination Studies • Obtain Accident Records eue i iaui NoCalt Perform Traffic C aiming Warrant \equirements Analpus Met? L -Yes Prepare PreliminzyTrafHc Cal mingPlan Present Preliminary Traffic C almingPlan to CIPD IsPlan Approved by ModifyPreliminzyTrafPic No CIPD7 Calming Plan Modify Preliminary Trafii c Calming Plan Create PriorityList and Finalize Traffic CAmingPlan I Yes EEUCT 2w PUBLIC MEETING NO I Obtain Approval from - City of Miami Police Dept -City of Miami Fire Dept Yes - Miami Dade C ouity PWD PRESEN:FFIRNAL TRAFFIC CALMING PLAN CITY COMMISSION 03- 836 MARLIN ENGINEERING INC Revised 113012003 CITY OF MIAMI FLAGAMI AREA 1 WORK ITEMS Qw Qw � 4�t� �+ w Q hA; J \�$ TOTAL Loaded 1111111951 $ 1142.901 t 150.001$ 110.00: 100.00 1 S 100.001 S 100,001; 100.001 f 65.00I S $8.0016 37.00 Task 1: Public Invrlhrsmsnt A 1st Public Meetin s 2 1 6 4 2 3 18.00 B 2nd Public mettino 1 6 4 2 3 18.00 TOTAL HOURS Task 2: Analysis of Existing Conditions 4 2 12 8 4 0 0 0 0' 8 38.00 A Review of Existing Traffic ft Crash Data 2 4 8 14.00 B Site Visits 6 Field Observations 12 12 24 48.00 Q PeAOrm Additional Data Collection t50 Locations 7.5 40 225 25 297.60 D Perform Traffic Data Analysis 2 18 24 24 66.00 91 Develop Traffic Cakning Criteria 1 1 2 8 /2 24.00 TOTAL HOURS 1 1 8 48 98 1 0 1 0 0 273 25 149.50 Task 3: DsvalOp T181fk Claming Master Plan A Develop Traffic Cal no Warrants 1 4 8 1300 81 Perfoan Traffic Calming Warrant Analysis 1 4 813.00 C Develop Scoringat 1 2 12 15.00 D Perform Traffic Calming Prioritization 1 4 6.00 E Ranking of Traffic Cahning Pr ' is. 2 1 3.00 F DevelopOrad Master Plan 1 2 2 6 10 1 4 41.00 TOTAL HOURS 1 2 5 17 44 0 0 0 18 5 90,00 Task 4: Pnpan Engln"dng Drawings A Prepare TwnPOrarY Installation Drawings (Typical) 2 2 2 4 30 40 80.00 B Prepare Pemonent Installation Drawings (Tvocal) 1 2 2 2 4 40 69 120.00 TOTAL HOURS 1 4 4 0 0 4 8 70 109 0 200.00 Task 5: PWM[Wng of Proposed Traffic Calming Plan A Obtain Approval from necessary Agencies 1 4 4 9.00 TOTAL HOURS I_... 0 1 4 0 4 0 0 0 0 9.00 Task 6: Recommartdatbns for Impismentadons A Develop Cost Estimates 1 1 1 2 4 2 2 4 1 18.00. B Develop Action Plan 2 2 4 4 1290 C Finalize Master Plan 1 2 2 4 8 8 4 2900 TOTAL HOURS 2 5 5 10 16 2 2 4 8 5 59.00 TOTAL HOURS c 7 9 on, en e , een nn 28 e 77 144 8 8 70 396 36 764.50 _ .... .......vv a —.w a i —m—W i 1.0JL.W i Oe.44J.0u Page 1 of 1 �1 M go M 0 MARLI ENGINEERING City of Miami Flagami Traffic Calming Master Plan Scope of Services The Consultant shall provide engineering services for the preparation of a Traffic Calming Plan for the Flagami Area, under its current contract with the City of Miami. The study area is defined within the following boundaries: west on Tamiami Canal, south on SW a Street, east on SW 37 Avenue (Douglas Rd) and north on NW r Street. The Scope of Services for the preparation of the Traffic Calming Plan includes the following tasks: 9.0 Public Involvement: In accordance with the City guidelines, the Consultant will coordinate two public workshops. The first step toward an effective public involvement program is to identify the audiences, or stakeholders, in, the project, including coordination with permitting agencies such as FDOT, Miami -Dade County Traffic Engineering, Emergency Services and Public Works Departments. Development of a projee-t mailing list to reach the residents and businesses, complemented with publications in local newspapers, will be part of the public information effort. First workshop: A scope workshop for the study neighborhood with an initial issue identification process, possibly some walking examination of specific issues and determination of potential solutions, and a mapping session where participants will actually draw their own picture of the proposed traffic calming solution. Second workshop: A follow-up workshop incorporating public and city input, and technical planning tasks, to present a draft Traffic Calming Plan concept for comments and fine-tuning. Drafts of minutes from meetings will be completed within 48 hours, and the final minutes within seven days. Letters responding to specific comments and questions will be prepared. A public input and analysis summary document will be developed. 2.0 Analysis of Existing Conditions: The Consultant will obtain all available relevant studies and traffic counts from the City. All existing data will be analyzed to determine the need for additional data collection. The Consultant will review and analyze traffic volume studies, speed studies, traffic accident reports and any other available data from traffic impact reports. In addition, the Consultant will perform site visits and field observations to-- complete the evaluation of the existing traffic conditions. Information related to traffic concerns, expressed by the public through meetings, workshops and requests will be also classified and analyzed to provide appropriate response to the public on recommended solutions. 2191 NW 97 Avenue Miami, Florida 33172-2313 Tei. (305) 477-7575 Fax (305) 477.7590 www.marlinengineering.com - 03- 830 Data Collection: Activities within this task involve physical and operational characteristics of the corridors and streets within and adjacent to residential neighborhoods. The collected information will include all data necessary to per form an adequate evaluation of the existing condition, development of traffic calming alternatives, and their associated impacts on residential neighborhoods and roads. Such data will include, but not be limited to, road functional classification, geometric characteristics (typical section, intersection type and operation), traffic volumes (peak hour, daily), speed, accidents, signage, origin -destination surveys (if needed), pedestrian and bicycle facilities, Transportation Improvement Plan, neighborhood boundaries, emergency service providers, and any other engineering data, as needed, for the development of the Traffic Calming Plan. The collected data will be tabulated, reviewed and analyzed to determine the need for any additional data. Existing functional classification of roadways within the area will be investigated. Traffic Volume and Speed Studies Review: The Consultant will obtain and review existing traffic volume and speed studies. This review is anticipated to provide data for state, county, city and unclassified roads throughout the study area. This information will be tabulated for the neighborhood and used in the identification of roadways that may need traffic calming measures or will have the operational capacity that can accommodate diverted traffic. Additional Data Collection: If available information is not sufficient and additional traffic and speed counts or any other additional engineering data should be performed, additional fee will be applied. The engineering data collection will be performed according to the FDOT Traffic Studies Manual and as directed by the City's Project Manager. Crash Review: The Consultant will obtain and review accident summaries and detail crash reports for the past three years, and will review any additional safety information and current safety programs within the study area. After the probable causes of the accidents have been identified, several countermeasures will be introduced to enhance the safety along the neighborhoods in conjunction with traffic calming measures, as well as, to improve safety on collector streets receiving the diverted traffic. Engineering Analysis: Engineering analysis of all data collected, including information obtained from site visits and field observations, will be performed to determine traffic problems related to speeding and/or cut -through traffic, the need for traffic calming in neighborhood roads, and the capacity of nearby collectors and arterials to receive re -directed traffic. Also, input from the pubic and all agencies involved in the traffic calming process will be reviewed and assessed. The analysis will follow the requirements of -the Traffic Calming Plan criteria discussed in a separate section of this scope. For the study neighborhood, the analysis will provide a list of roadways, identify traffic calming issues and potential recommended mitigation measures and impact. Results of the analysis will be documented in report form and submitted for City's review and approval. 03- 836 3.0 Development of Traffic Calming Plan: The Consultant will develop a Traffic Calming Plan documented in flow charts and graphics, based on the City goals and using current information on traffic volumes, speed studies and traffic impact studies. The following basic steps are anticipated to develop the plan: • Establish Traffic Calming Criteria • Determine Traffic Calming Alternatives • Develop Scoring Model to select road candidates • Prioritize Traffic Calming Projects Traffic Calming Criteria: A traffic calming warrant criteria will be established following the Miami -Dade County Traffic Calming guidelines for traffic calming eligibility and the City of Miami identified local needs: Traffic Calming Alternatives: Analysis of existing conditions and future developments, input concerns from the public and associated agencies, and warrants of traffic calming criteria will be used to determine appropriate traffic calming measures for caMidate roads. Critical areas of public concern due to traffic intrusion, speeding and safety will be grouped and assessed with specific traffic calming projects for each neighborhood. Scoring Model: A scoring model will be developed to select locations candidates for traffic calming measures. This model will allow the assignment of points on traffic calming needs for traffic calming factors such as: traffic volume, speed, school area, pedestrian activities, bicycle routes, absence of sidewalks. Prioritize Traffic Calming Projects: Implementation of the Traffic Calming Plan will require a priority list of projects. Costs, availability of funds and future funding sources will be considered during this process. Location and time of installation of temporary and permanent traffic calming devices will be phased and graphically shown on a City map for the study neighborhood. 4.0 Recommendations for Implementation: The Consultant will assist the City in developing an action plan for the implementation phases of the Traffic Calming Plan. Activities for this task will include the preparation of a list of priority neighborhood projects, based on the scoring obtained from applying the traffic calming criteria for mitigation of cut -through traffic volumes, speeding and to improve safety. At locations where the Consultant anticipates that there is a need to install a four-way stop control of a traffic signal, additional studies will be performed, which is outside this scope of the services. Cost estimates for each project and potential funding sources will be identified. During the investigation of potential funding sources, all safety and traffic calming funds that may be available to cities from federal, state, FDOT, MPO, and other comprehensive _ - 03- 836 transportation programs, including FDOT TIP, will be reviewed for requirements, quantity and availability. Then, a phase schedule for the construction of traffic calming measures will be prepared and recommended to the City for implementation. 5.0 Final Products: The Consultant will prepare a study report including analysis of existing conditions, development of traffic calming plan, public involvement and recommendations for the Traffic Calming Plan for the study neighborhood. Documentation for the proposed Traffic Calming Plan will be presented in Power Point Format and read-only (PDF) format. The report will include graphical and written documentation of the Traffic Calming Process and Procedures including specific flowcharts to facilitate the implementation of the plan for the study neighborhood. In addition, the report will include hard copies and digital copies (CAD) of the temporary and permanent typical drawings for the installation of each type of the proposed traffic calming devices approved by Miami -Dade County. The report will be submitted to the City in a paper format as well as a digital format according to the City's software requirements. 6.0 Final Approval and Presentation to City Commission: The Consultant will incorporate review comments and submit the Traffic Calming Plan document report for final approvals. Findings, results and recommendations of the study will be presented to the City Commission in a formal meeting. After this presentation, a revised final document in digital format, plus one bound and one unbound hard copies, will be submitted to the City. Project Schedule: Six (6) months, see attached schedule. 03- 836 CONDUCT lsr PUBLIC MEETING TRAFFIC DATA COLLECTION • Perform 9 olune Courts • Ped rmSpeedStudies • Perform PedesrrimSbadies • PerformOri&,De9imtionStudies • ObtainAcadentRecords • No C almingPmf m Traffic CaimingVVzrm t.ments physis . �y. Prepare PreliminzyTraffic ti CalmingPlan Present Preliminary Traffic C almingPlan to CIPD 4CIPD? Plan oved by ModifypreliminaryTraffic No Calm Plan I Yes ModifyPreliminaryTraffic CONDUCT 2m PUBLIC MEETING Calming Plan No Create PrimityList and Finalize Traffic CalmingPIant s Plan Approv ray 213 Resi&nW Obtain Approval from -City of Miani Police Dept, -City of khan Fire Dept Yes -Nmni4)adeCmmjyPWD _ PRESENT FINAL TRAFFIC CALMING PLAN TO CTTY C OMmsslON 03- 836 MARLIN ENGINEERING INC Revised 113012003 CITY OF MIAMI FLAGAMI AREA - •----- ... •--'-- - �w.w + a,ew.w a w,voq.w i 7,.732.00 3 59,443.50 Page 1 of 1 040 M Q AV 01YYT WORK ITEMS 41t 4? } 44z N yr ^ ( �{ idP TOTAL Loaded Rates ; 142.00 ; 150.001$ 110.001$ 100.001 ; 100.001$ 100.00 ; 100-001 ; $6.001 ; 50.001$ 37.00 Task 1: Public Involvement A 1St Public Meetings 2 1 6 4 2 B 2nd Public Matting 2 1 8 4 2 3 18.00 3 18.00 Task 2: Analysis of Existing Conditions TOTAL HOURS 4 2 12 8 4 0 0 0 0 8 3 8.00 A Review of Existing Traffic 8 Crash Data 2 4 8 B Site Visits d Field Observations 12 12 1400 Q Perform Additional Data Colledon 60 Logtions 7.5 40 24 48,00 226 26 297,60 D Perform Traffic Data Anal 's 2 18 24 E Devel Traffic Calming Criteria i 1 2 8 12 24 68,00 24.00 TOTAL OURSI Task 3: Develop Traffic Claming MasterPlan 1 1 8 1 48 96 1 0 1 0 1 0 1 273 1 25 449.50 A Develop Traffic Calming Warrants 1 4 8 13.00 B Perform Traffic Calming Warrant Analysis 1 4 8 1300 C Develop Scoring Model 1 2 12 16.00 O Perform Traffic Calming Prioridzabon 1 4 5.00 E Ranking of Traffic Calming Projects 2 F DevelopDraft Master Plan 1 2 2 8 10 1 300 18 4 41.00 TOTAL HOURS Task 4: Prepare Engineering DrawingsA 1 2 6 17 44 0 0 0 18 6 9000 Prepare TemMary Installation Drawin s T 1-1 2 2 2 4 30 40 B Pre re Permanent Installation Drawings(Typical) 1 2 2 2 4 88,88 TOTAL HOURS 1 4 4 0 1 0 4 40 69 8 70 109 0 12000 Task 5: Permitting of Proposed Traffic Calming Plan 200 A Obtain Approval from necessary Agencies 1 4 4 9.00 TOTAL HOURS 0 0 1 4 0 4 0 0 0 F-0 9.00 Task 6: Recommendations for Implementations A) Develoo Cost Estimates 1 1 1 2 4 2 2 4 1 18,00 B Develop Action Plan 2 2 4 4 C Finalize Master Plan 1 2 2 4 8 1200 8 4 29.00 TOTAL HOURS 2 5 6 10 16 2 2 4 8 5 69.00 TOTAL HOURS 7 9 28 77 144 8 8 70 398 36 784,59 S 997 En S T atn m it v non nn e- c.n - •----- ... •--'-- - �w.w + a,ew.w a w,voq.w i 7,.732.00 3 59,443.50 Page 1 of 1 040 M Q PROFESSIONAL SERVICES AGREEMENT [General Engineering Services] This Agreement entered into this 16 day of May, 2002, by and between the CITY of Miami, a Municipal Corporation of the State of Florida, (the "CITY"), and Marlin Engineering, Inc., a State of Florida Corporation, (the "PRINCIPAL"). WITNESSETH WHEREAS, the CITY has scheduled a substantial number of Projects for fiscal years 2002, 2003 and 2004 (the "Projects") that require professional engineering services; and WHEREAS, the Commission of the CITY of Miami, by Resolution No. 02-144 adopted on February 14, 2002, approved the selection of six (6) Engineering firms to provide engineering services for the Projects during the planning, design and construction phases thereof and authorized the CITY Manager to negotiate the terms of and execute agreements with said firms for the provision of the Services; and WHEREAS, the PRINCIPAL is one of the firms selected to provide general engineering services and the PRINCIPAL and the CITY wish to execute this Agreement to set -forth the terms and conditions of the engagement. a3 836 i NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the CITY and the PRINCIPAL agree as follows: TERMS 1. Recitals. The recitals and all statements contained therein are hereby incorporated into and made a part of this Agreement. 2. Term. The term of this Agreement shall be three (3) years, commencing on the date hereof and ending three (3) years thereafter (the "Expiration Date"), subject, however, to the provisions of Section 19 hereof. The CITY has the right to extend the term hereof for an additional period of one (1) year subject to the approval of the CITY Manager. 3. Subject Matter. This Agreement sets forth the terms and conditions pursuant to which the CITY may request, and PRINCIPAL shall provide, the Services, as defined in Section 4 and 5 below, for one or more Projects. No specific Project is designated under this Agreement. The Project and the specific details of the Services required to be performed by the PRINCIPAL shall be described in a Work Order to be issued by the CITY in accordance with Section S.B hereof. 4. Definitions. A. PROJECT - means the proposed improvements (new or restoration) to a street, sewer, property, or other CITY TA: GenSngServMarlinEng 2 03836 facility as generally designated and programmed by the CITY or other related professional services requested by the CITY. B. WORK - means Services to be rendered or provided by the PRINCIPAL for the PROJECT. C. SERVICES - means the Basic Services and/or the Scope of Work, as described in Section 6 hereof, to be performed by the PRINCIPAL under this Agreement. D. CONSTRUCTION BUDGET - means the amount allocated by the CITY for construction of the PROJECT and all increases authorized by the CITY. E. PROJECT MANAGER - means the Director of the Department of Public works or his/her designee. S. Services. 4 A. General i. At the CITY's request, made in accordance with Sub - Section B below, PRINCIPAL shall perform the Services described in Section 6 below. The Services include but are not limited to the services outlined in Section 6 herein and services that may be required in connection with a Project. The Work shall be performed in a sound, economical, efficient and professional manner and within the time and the manner required in TA.GerXUVServ91ar1in6ng 3 03- 836 the Work Order, as mutually agreed upon by the PRINCIPAL and the CITY. ii. The PRINCIPAL shall perform the Work under the direction of, and in close coordination with, the Project Manager. The PRINCIPAL shall provide all professional and technical services comprising the Work and shall be fully responsible for all the professional and technical aspects thereof. The CITY's review and approval of the Work will relate only to overall compliance with the general requirements of the Project and whenever the term "approval by the CITY" or like term is used in this Agreement, the phraseology shall in no way relieve the PRINCIPAL from any duties or responsibilities under the terms of this Agreement or from using the best professional engineering practices. iii. The PRINCIPAL shall, in the performance of the Work, comply with all Federal, State and Local codes, ordinance and regulations, pertaining to the Project, including, without limiting the generality of the foregoing, the Federal Wage -Hour Law, Walsh -Healy Act, The Occupational Safety and Health Act, The National Environmental Policy Act and Equal Employment Opportunity Legislation. TA:GenEngSerVN&r1i18ng 4 03- 836 iv. In the per=ormance of the Work, the PRINCIPAL agrees to: a. Strive to complete the Work within the time allowed by maintaining an adequate staff of qualified employees on the Work at all times. b. Be fully responsible for the professional and technical services that required to be rendered in the performance of the work. c. Cooperate fully with the CITY in order that all phases of the Work may be properly scheduled, coordinated, and executed. d. Report the status of the Project to the Project Manager upon request or as required by this Agreement, andL maintain all notes, calculations, and related Work open to inspection by the CITY, at all times during the term hereof. e. Prepare the plans, specifications and all other documents pertaining to the Project in compliance with all applicable federal, state and local laws, codes, ordinances and regulations. f. Promptly deliver to the Project Manager copies of minutes of all relevant meetings relating to the Project at which PRINCIPAL is present. TA: GenBngServMarlinBng 5 4 03 836 g. Be available for general consultation and advice at all times during the term of the Project. v. The CITY agrees to make available to the PRINCIPAL any plans and other data in CITY's possession pertaining to the Work to be performed for the Project. The PRINCIPAL shall recommend to the CITY and be responsible for the review and interpretation of appropriate investigations, surveys, tests, analysis and reports that need to be obtained or performed for the proper execution of the PRINCIPAL's services. The PRINCIPAL shall be responsible of contacting utility companies and obtaining as -built of existing utilities within the project area, and to make his/her own site investigations. v B. Requests For Services. i. Except in emergency situations, all requests for services shall be made by a written Request For Services ("RFS") issued by the Project Manager. In case of emergency, the CITY may issue a verbal RFS to be followed by a written RFS (or, after approval, by a Work Order) and a Notice to Proceed, as soon as practicable thereafter. The RFS shall describe the Project and each section of the Work to be performed TA:GenBngServ"arlinXng 6 03- 836 �, - < Zx by the PRINCIPAL and the time schedule in which the Work must be completed. ii. Upon receipt of the RFS, the PRINCIPAL shall make arrangements to meet with the Project Manager and a meeting shall be held within ten (10) days following receipt of the RFS, to discuss the Construction Budget, estimated amount of compensation, Project schedule and deadline, and the schedule and scope of the Work. All formats for the Work are to be as presently used :by the CITY of Miami Public Works Department, unless otherwise directed by the Project Manager. This is to include but not be limited to plans, specifications and contract documents. iii. Subsequent to the meeting, the PRINCIPAL shall submit to the CITY a proposal at no cost to the CITY. If CITY and PRINCIPAL agree on the amount of compensation and the schedule and time for completion of the Work, then the Project Manager shall issue a Work Order and Notice to Proceed. iv. The Services to be rendered by the PRINCIPAL for the Project shall commence within twenty-four (24) hours upon receipt of the Notice to Proceed and shall be completed within the time agreed upon as shown in the Work Order. TA:Gen6agServ14ar1iaio9 7 03- 836 v. PRINCIPAL understands and agrees that failure to comply with the foregoing provisions within the time required herein may result in the Project being awarded to another firm. 6. Scope of Work - Scope of Work consists of complete professional services for any or all of the six (6) Phases described in Sections A through F below. To the extent that the provision of Services for a Project require any engineering services, including but not limited to, civil, soils, water and sanitary sewer, structural, construction management or transportation, the PRINCIPAL shall perform such services and use the services of Engineers who have been designated as "Approved Sub -consultants," as the term .4 is defined in section 16 herein. The PRINCIPAL agrees to coordinate its effort with that of the Sub -consultants involved in a Project to assure fully coordinated and complete Work. The PRINCIPAL shall prepare the final bid package including bid documents and specifications to be prepared by the Sub -consultants or to be provided by the CITY. The PRINCIPAL may also be required to provide consulting services to the CITY on various matters which do not result in drawings or specifications. The CITY acknowledges that any agency of the CITY may purchase services in part or in whole from this contract, provided TA: GenEn9SezvX&r1in8n9 6 03- 836 `i that written permission is given by the CITY Manager or his designee. A. Phase I - Programming and Schematic Design: i. The PRINCIPAL shall confer with the Project Manager and other designated representatives of the CITY, including the Department in charge of the Project, to determine the general requirements for the completion of the Project all within the Construction Budget. ii. The PRINCIPAL shall use proper and adequate design control to assure the CITY that the Project will be constructed within the Construction Budget. iii. The PRINCIPAL shall prepare a Design Concept and Schematic Report for presentation to the CITY. This presentation shall include the proposed Project Schedule, a Planning Summary (if applicable), and Schematic Design Studies (as described below), and an estimate of probable Construction Costs. iv. The proposed Project Schedule shall include a timetable indicating the proposed completion date for each Phase of the Project through Design, Bidding and Construction, and the projected date of completion. v. The Planning Summary (if applicable), shall consist of vicinity plan and a site plan indicating the Project orientation, and a brief summary of all TA:GenZWServMar1inZn9 9 03— bU pertinent planning criteria being considered or to be considered in the Project. vi. The Schematic Design Studies shall consist of all drawings (i.e. plans, sections, etc.) as may be required, to show the scale and relationship of the parts and the overall design concept. vii. If necessary, as determined by the CITY, the PRINCIPAL shall present the Schematic Design Studies to the appropriate CITY Boards (such as Historic Preservation Board, Planning and Zoning Boards, etc.) for their approval of the proposed plans. viii. The estimate of probable Construction Cost shall include the estimated cost of the Project including governmental permit fees, new utilities, proposed CITY purchased equipment, contingencies (if any), and escalation factors adjusted to the estimated bid date, (if applicable). ix. The PRINCIPAL shall submit to the CITY two (2) copies of all documents required under this Phase, at no additional charge, for approval by the CITY. The PRINCIPAL shall not proceed with the next Phase until directed by the Project Manager. B. Phase II - Design Development: TA: GenEMServMarlinEng 10 03-- 836 i. From the approved Schematic Design documents, the PRINCIPAL shall prepare Design Development Documents, including the drawings, outline specifications and other documents to describe the size and character of the entire Project as to construction, finish materials, and other items incidental to the Project as may be appropriate and applicable. ii. The Design Development Documents shall include the updated Proposed Project Schedule, Outline Specifications of Proposed Materials and Equipment, Updated Estimate of Probable Construction Cost, and the Design Development Drawings, as required to clearly delineate the Project. If the probable Construction Costs exceed the Construction Budget, then, appropriate reductions in costs or Scope of Project shall be included for CITY's evaluation. iii. The PRINCIPAL shall submit to the, CITY, two (2) sets of all documents required under this Phase, at no additional charge, for CITY's approval. The PRINCIPAL shall not proceed with the next phase until directed by the Project Manager. C. Phase III - Construction Documents: i. From the approved Design Development Documents, the PRINCIPAL shall prepare Final Construction Documents TA:GenEngServMarlinRng 11 03- 836 setting forth in detail the requirements for the construction of the Project. The Final Construction Documents shall include complete Drawings and Specifications, the Proposal (Bid) form, Special or Supplemental General Conditions, and other necessary information for bidders. PRINCIPAL shall use the CITY of Miami Public Works Department Standard forms for the preparation of the Proposal (Bid) forms, Instructions to Bidders, Conditions of Contract, and other CITY required documents. In the preparation of the Construction Documents, the PRINCIPAL shall use Construction Specifications Institute (CSI) Standards, including the 16 Division and the 3 part Section format developed and recommended by the C.S.I. for construction specifications. ii. The Construction Documents shall be prepared in a manner that will assure clarity of lineWork, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" size first quality drawing paper or Mylar using CITY's standard format, unless otherwise approved. iii. Whenever possible, the Construction Drawings shall be created by computer using AutoCad. Where AutoCad is used, the PRINCIPAL will also submit a copy of the TA:GenEngServMar1inEag 12 �3. 91, . ����: 03- 836 drawings on a compact disk. When possible, the PRINCIPAL's specifications shall be produced on a word processor using Microsoft "Word" format. Another format may be used only if approved by the CITY. iv. When the development of Construction Drawings has progressed to at least S0%- completion, the PRINCIPAL shall submit to the CITY, at no additional charge, two (2) copies thereof together with an updated set of Specifications and an updated Estimate of Probable Construction Costs. v. The PRINCIPAL shall not proceed with the further development of the Construction Documents until it has received CITY's approval of the SOV Check Set. The PRINCIPAL shall make all reasonable changes required by the CITY. In the event the latest estimated Probable Construction Costs reveal that the cost of the Project will exceed the Construction Budget, then, at the Project Manager's request, all Work shall be stopped until the PRINCIPAL and the CITY agree on methods of cost reductions or changes in scope sufficient to enable construction of the Project within the Construction Budget. vi. Upon completion of the Construction Documents, the PRINCIPAL shall submit to the CITY, at no additional ?A:Gen"ServK&rlinZM 13 03- 836 charge, a final Estimate of Probable Construction Costs along with two (2) sets of final construction drawings and specifications, for final review, and approval. vii. The PRINCIPAL shall make all the necessary presentations of the final plans to the appropriate CITY Boards for their approval, as outlined and identified within the Work order and corresponding scope of Work. viii. PRINCIPAL small make all required changes or additions and resolve all questions resulting from the CITY's final review. This shall be at no additional charge to the CITY, except for changes requested by .g the CITY that are in conflict with prior CITY directives or approvals or constitute the CITY's modifying the scope or program of the project. All revised documents shall be submitted to the CITY for approval. After final approval by the CITY, the PRINCIPAL shall furnish, at no additional charge, a master set of reproducible drawings and specifications and provide two (2) sets of prints of the final drawings and specifications to the CITY. If additional sets of prints are authorized for bidding purposes, the CITY shall reimburse the PRINCIPAL for TA:GenSngSelv14ar1in8n9 14 03- 836 the cost of printing additional drawings and specifications. ix. The PRINCIPAL shall conduct "dry runs" of the final construction plans to the Building Department and other appropriate governmental authorities, as necessary to ascertain that the construction documents meet all the requirements for construction permits. The PRINCIPAL shall make all necessary corrections, modifications, and additions to the construction documents (plans,= specifications, etc.) necessary for permitting. The PRINCIPAL shall assist the CITY in filing the necessary documents and obtaining the approval for utilities (such as water, sewer, etc.) as well as the approval from all other applicable governmental authorities (such as environmental, health, building, zoning, etc.). D. Phase IV - Bidding and Negotiation Phase: i. The Bidding and Negotiation phase shall be conducted in accordance with the CITY's established or approved process. The PRINCIPAL shall assist the CITY in obtaining and awarding bids and preparing Construction Contracts. After receipt of bids, the PRINCIPAL shall evaluate the bids and assist the CITY in making a recommendation to the CITY Commission. TA.GenEngServNarlinHng is 03- 836 ii. During the advertisement and bidding period the PRINCIPAL shall prepare any necessary Addenda, with accompanying drawings or other materials, as may be required. An original copy of each Addendum shall be submitted to the Project Manager for approval and a copy of the same shall be furnished to each of the Bidders that have picked up a set of Contract Documents for purposes of bidding. iii. The PRINCIPAL shall attend pre-bid conferences when they are deemed necessary by the CITY. iv. During the bidding period, the PRINCIPAL shall interpret Construction Documents in writing, and prepare any supplementary drawings or specifications necessary for the clarification of the documents. The PRINCIPAL shall also assist the CITY in preparing responses to inquiries from prospective bidders. v. If the lowest responsible bid received exceeds the Construction Budget the CITY may: a. approve the increase and award the Construction Contract to such bidder, or b. reject all bids and rebid the Project within a reasonable time with no change in the Project Bid Documents, or TA: GerALWSerVKarlin8ng 16 y 03- 836 c. direct the PRINCIPAL to revise the Scope of the Project only if the bid exceeds the construction budget by more than ten (10) percent. In such event the PRINCIPAL shall modify the Construction Documents as necessary to bring the Estimated Probable Construction Cost within the Construction Budget. Such modifications shall be at no additional charge to the CITY unless the excess in Construction Costs is due to a change in scope requested by= the CITY or due to unforeseen circumstances such as force majeur or undue delay on the part of the CITY in bidding the Project, or d. suspend or abandon the Project. E. Phase V - Administration of the Construction Contract: i. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final payment is approved -by the CITY. ii. Unless otherwise provided, the CITY's Public Works Department will administer the Construction Contract and will assign an inspector to the Project. The PRINCIPAL shall advise and consult with the Project Manager or the CITY Inspector when appropriate. The PRINCIPAL shall have only limited authority to act on behalf of the CITY and only to the extent provided in TA: GenEngServl4ar1in8n9 17 03- 836 the General Conditions or in the Supplementary Conditions of the Construction Contract. CITY shall have final approval of all changes in the Construction Work and Costs. iii. The PRINCIPAL shall attend pre -construction meetings and job meetings where its presence is required to resolve problems or disputes with the construction runs. iv. The PRINCIPAL shall at all times have access to the Project during =the construction phase, so it may adequately perform as intended under this Agreement. v. The PRINCIPAL shall visit the construction site at regular intervals appropriate to the project and .4 during all key construction events, as defined in the Work order or otherwise agreed by the PRINCIPAL and Project Manager to evaluate the progress of the Project and to determine, in general, if the Project is proceeding in accordance with the Contract Documents. The PRINCIPAL will not be required to provide continuous daily on-site inspections to check the quality or quantity of the Work unless otherwise authorized or directed in writing by the CITY, and compensated accordingly for his services. TA:cenBngServMarlinEng 18 03- 836 vi. The PRINCIPAL shall have no responsibility to supervise and control those actions of any parties not directly employed or retained by the PRINCIPAL. On the basis of the on-site observations, the PRINCIPAL will advise the CITY as to the progress of the Work and any observed defects and deficiencies. The PRINCIPAL shall not be responsible for construction means, methods, techniques, sequences, procedures or for safety precautions and programs developed by the Contractor during the construction of the project, since these are the Contractor's responsibilities. vii. The PRINCIPAL shall furnish to the CITY a written report describing its observations of the Work, during , each visit to the site, and the general status and progress of same. All reports shall be submitted in a timely manner. The PRINCIPAL shall ascertain, at least monthly, that the Contractor is making timely, accurate, and complete notations on record drawings. viii. Based on" observations at the site and on its review of the Contractor's Payment Certificate, the PRINCIPAL shall assist the CITY in determining the amount due the Contractor and shall recommend approval or rejection of the Certificate of Payment and the amounts of each. TA:GenBngServMarlinEng 19 03- 836 ix. The PRINCIPAL's recommendation for approval of a Payment Certificate shall constitute the PRINCIPAL's representation and certification to the CITY that the Work has progressed to the point indicated, and that it has been performed in accordance with the Contract Documents subject to: a. an evaluation of the Work for conformance with the contract documents upon substantial completion. b. the results of any subsequent tests required by the Contract Documents, and c. minor deviations from the Contract Documents correctable prior to completion and acceptance of the Project. x. The PRINCIPAL shall have an affirmative duty to recommend rejection of Work which does not conform to the Contract Documents. Whenever, in its reasonable opinion, the PRINCIPAL considers it necessary or advisable to insure compliance with the Contract Documents, the PRINCIPAL will have authority, after approval from the Project Manager, to recommend special inspections or testing of any Work deemed not to be in accordance with the Contract Documents whether or not such Work has been fabricated and delivered to the Project, or installed and completed. TA:GenEngServK&r1in8n9 20 J 03- '836 1 However, neither this authority of the PRINCIPAL nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the PRINCIPAL to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or any other persons or entities performing portions of the Work. i Formalbd: Bullets and M mfth p xi. The PRINCIPAL shall promptly review and approve shop drawings, samples, and other submissions of the contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence by the Project Manager. Ixii. The PRINCIPAL shall provide the CITY with copy of all shop drawings, duly reviewed by the PRINCIPAL, for the CITY's permanent records. Ixiii. The PRINCIPAL shall review all test reports required by the Contract Documents and notify the CITY of any noncompliance with the Contract Documents. xiv. The PRINCIPAL shall witness all tests that it is required to witness by Code or by the Contract Documents and shall provide to the CITY written reports of all such tests. TA: Gen1=9Serv14ar1in8n9 21 03-* 836 l Ixv. The PRINCIPAL shall receive all samples required to be furnished by the contractor and shall record the date of receipt and its source, examine said samples, notify the CITY of the approval or rejection of said samples, and maintain custody of approved samples. Ixvi. As part of the Project Scope, the PRINCIPAL shall, if necessary, assist the CITY in the preparation of bids for the purchases of equipment, fixtures, and furnishings for the Project. Upon receipt of these bids, the PRINCIPAL shall assist the CITY in its evaluation and make recommendations related to the procurement and the installation of said equipment, fixtures, and furnishings. Ixvii. The PRINCIPAL shall review and recommend action on proposed Change Orders within the scope of the Project. This includes Change Orders initiated by others or any proposed Change Orders recommended by the PRINCIPAL based on his observations. xviii. The PRINCIPAL shall examine the Work upon receipt of the Contractor's Certificate of Substantial Completion for the Project and shall prepare a punch list of any defects and discrepancies in conjunction with the Project Manager. After the punch list items have been satisfactorily completed and approved by the TA:GenEngServMarlinHng 22 03- 836 F PRINCIPAL, tae PRINCIPAL shall recommend execution of Certificate of Final Acceptance and Final Payment to the contractor. PRINCIPAL shall also obtain from the contractor all warranties, guarantees, operation and maintenance manuals, releases of lien, extra materials required by the contract, and certificates as may be required by the specifications or applicable laws, and deliver them to the CITY. xix. The PRINCIPAL shall provide assistance in obtaining contractor's compliance with the Contract Documents relative to, a) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, b) initial start-up and testing, adjusting and balancing of any equipment or systems, and c) final clean-up of the Project. F. Phase VI - Post Construction Administration: i. The PRINCIPAL shall furnish to the CITY reproducible "as -built" record drawings based on signed and sealed information provided by a Florida registered Surveyor retained by the CITY or the Contractor. These drawings shall become the property of the CITY. ii. The PRINCIPAL shall assist the CITY in the observation of the Work one month before the expiration of any guarantee period and shall report to TA:GenEngServ14ar1in8ng 23 Q3- 836 1 the CITY any defective Work in the Project which is under guarantee/warranty. The PRINCIPAL shall also assist the CITY with the administration of guarantee/ warranties for correction of any defective Work that may be discovered during the guarantee/warranty period. 7. Pro .ect Completion Time. The Work shall be performed within the time allocated to each phase thereof and shall be completed within the time agreed upon. A reasonable extension of the Work =time will be granted in the event of a delay caused by the CITY's failure to fulfill its part of the Agreement as herein required or by other reasons, such as review period by regulatory agencies, weather beyond the control of the PRINCIPAL. In the event the delay is attributable to the PRINCIPAL or any of its employees, agents or sub -consultants, at the sole discretion of the Director of the Department of Public Works, the costs associated with the delays will be the sole and complete responsibility of the PRINCIPAL. 8. Extension of Expiration Date. In the event the PRINCIPAL is engaged in a Project(s); on the Agreement Expiration Date, then this Agreement shall remain in effect until completion or termination of said Project(s). No new work orders shall be issued after the Expiration Date. TA:GenEngServMarlinEag 24 03 836 9. CITY's Services and Responsibilities. The CITY shall make available to the PRINCIPAL for its inspection, all plats, maps, surveys, aerials, records and other information regarding the Project that the CITY has as its disposal. i FaMaMd: Ballets and Numbering 110. Compensation. Compensation shall be based on a "Fixed Fee" or a "Not to Exceed Fee", as described hereunder, based on the nature and scope of the Work. The method of compensation shall be agreed upon prior to issuance of the Work Order. Notwithstanding anything herein to the contrary, the CITY and the PRINCIPAL agree that the total compensation permitted for all Work under this Agreement shall not exceed the sum of $700,000. A. FIXED FEE: The fee for a task or a scope of Work based on a fixed fee shall be mutually agreed upon by the CITY and the PRINCIPAL. B. NOT TO EXCEED FEE: If a "Not to Exceed" fixed fee is mutually agreed upon, the amount of compensation shall be based on an hourly rate fee. The hourly rate fee shall be computed based on the hours worked by individuals in the following categories. The Hourly Rate for each category, as shown below, includes all equipment, supplies, materials, tools, labor, wages, taxes, insurance, benefits, overhead and profit and shall be applicable to any necessary overtime Work. TA:GenEMServM&r1in®ng 25 03- 836 Category Hourly Rates Principal in Charge $142.50 Principal Engineer $150.00 Project Manager $110.00 Professional Engineer $100.00 Engineer 585.00 Draftsperson $51.00 Engineering Technician 557.00 Administrative (Billing, Reports Preparer) 546.00 Clerical (Filing, Light Word Processing) 537.00 Construction Manager (Swavisor) $92.00 Construction Inspector 549.00 Cadd Operator $58.00 11. Payments of Compensation. Compensation shall be paid monthly in accordance with invoices detailing the fees and expenses, for Work performed during the immediate preceding calendar month. Payment shall be made within thirty (30) days following Project Manager's receipt of the invoices, in triplicate. The invoices shall include the following information: A. Total contract amount. B. Percent of Work complete to date. C. Total amount paid to date. D. Amount previously billed. E. Amount of invoice. TA:Gen&ngServMar1in6ng 26 03- 836 F. Summary of Work done during the billing period. G. Invoice number and date. 12. Schedule of Work. The CITY shall have the sole right to determine which Project shall be assigned to the PRINCIPAL. The schedule of Work and time for performance will be mutually agreed upon by the CITY and the PRINCIPAL. Foe mftd: Suxds and Nw bv" 13. Extra Work Expenses. If the PRINCIPAL has incurred extra work or expense due to changes ordered by CITY after any portion of the Work is approved by the CITY, then the payment for such extra Work shall be the subject of a Change Order, and shall be approved, in writing, by the CITY if, in the CITY's reasonable opinion, such Change Order is warranted. If the PRINCIPAL caused extra Work or expense without previous approval by the CITY, such extra Work shall be the subject of an additional work order and the cost of the extra Work shall be sole responsibility of the PRINCIPAL. 14. Reimbursable Expenses: Reimbursable expenses are to be paid in addition to compensation for Basic Scope Services and include expenses incurred by the PRINCIPAL, its employees and other consultants in the interest of each Project, as identified as follows and if authorized in writing, by the CITY's Project Manager and proper documentation is provided to the CITY's Project Manager. TA:GenBngSerVNarlinLbg 27 03- 836 A. Providing the services of special specialists, in addition to those that are required to provide the basic scope of services. Unless otherwise agreed, the extra expense of specialists, when authorized, shall be the amount paid to the specialist. The compensation for these services shall be done as reimbursable expenses. This Section does not apply to Professional Services of those individuals and specialists employed by the PRINCIPAL. B. Expenses of surveys of existing sites and buildings if paid by the PRINCIPAL. C. Fees paid by the PRINCIPAL for securing approval of authorities having jurisdiction over the projects. D. Costs of testing,y strength of materials, soils, chemical, mechanical or other tests, connected with construction projects, if paid by the PRINCIPAL. E. Traveling outside of Miami -Dade County when authorized in advance by the CITY's Project Manager. Transportation and living expenses of PRINCIPALs or employees shall be paid not to exceed limitations established by law. F. If required by the CITY's Project Manager, providing site personnel, threshold inspector, etc. TA:GenEn9ServMar1inM9 28 ' 03- 836 G. Changes in the Project initiated by the CITY or Contractor. 15.Approval of Calculations, Reports and Drawings. The CITY agrees within thirty (30) days after delivery, it will, approve, reject, or return with indicated suggested revisions or recommendations, all field notes, drawings, calculations, reports or other written communications submitted by the PRINCIPAL to the CITY for approval. Such approval, revisions or recommendations by the CITY shall not relieve the PRINCIPAL of its responsibility for the Work. Any errors noted in the calculations or drawings submitted by the PRINCIPAL will be corrected at no additional cost to the CITY.- All certified plans and other final drawings required under this agreement shall be delivered tot he CITY in a reproducible form such as an original ink drawing on high quality Vellum or a reverse Mylar made from an original ink drawing. -In either case, the reproducible of registered plans shall be affixed with the engineers, embossed seal and signature. Fw�arM* &d m and Mimmerhv 15.Sub-consultants. A. Selection of the PRINCIPAL by the Competitive Selection Committee was based, in part, on the qualifications and expertise of the Sub -consultants listed in response to the "Request for Proposals" (RFP) if Sub -consultants TA:GenEngServX&r1in2ng 29 U3-- 836 I were listed (the "Approved Sub -consultants"). The PRINCIPAL shall employ Approved Sub -consultants where their specialties are required to perform the Work for an assigned Project. B. The PRINCIPAL may choose additional Sub -consultants provided it first obtains the prior written approval of the CITY. The PRINCIPAL may not exclude Approved Sub - consultants from a Project without the CITY's prior written consent. The reasons for hiring additional Sub - consultants or for=the replacement of the Approved Sub - consultants shall be detailed in the PRINCIPAL's written request for CITY's consent. C. The PRINCIPAL shall be responsible for all the Work of its organization, employees and its sub -consultants. Nothing contained in this Agreement shall create any contractual relationship between any of the sub - consultants Working for the PRINCIPAL and the CITY. The PRINCIPAL agrees and understands that it is in no way relieved of any responsibility under the terms of this Agreement by virtue of any other professional who may associate with it in performing the Work. D. Sub -consultants that must be used are: Architects International, Inc. Geosol, Inc. TA:GenSngServK&rlinBng 30 03836 17.Conflict of Interest. A. PRINCIPAL covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, with the CITY. PRINCIPAL further covenants that, in the performance of this Agreement, no person having such conflicting interests shall be employed. Any such interests on the part of PRINCIPAL or its employees, must be disclosed in writing to CITY. B. PRINCIPAL is aware of the conflict of interest laws of the CITY of Miami (CITY of Miami Code Chapter 2, Article V), Miami -Dade Count}, Florida (Miami -Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. 18 -Ownership of Documents. All reports, tracings, drawings, plans, specifications, survey information maps, computer media, and other data developed by the PRINCIPAL for the purpose of this Agreement shall become the property of the CITY without restriction or limitation upon use and shall be made available by the PRINCIPAL at any time upon request of the CITY. When any Work contemplated under this TA:Gensngservnarlsaenq 31 03- 836 Agreement is completed or for any reason terminated prior to completion, all of the above data shall be delivered to the Project Manager. 19.Termination and Suspension of Agreement. A. The CITY retains the right to terminate this Agreement at any time prior to the completion of the work without penalty to the CITY. In such event, the CITY shall give written notice of termination to the PRINCIPAL and the PRINCIPAL shall be paid for services rendered up to the date of the notice, provided, however, that the PRINCIPAL is not in default under the terms of this Agreement and as set forth in Section 30 hereof. B. In the event of termination, all documents, plans, and other documents developed by PRINCIPAL under this Agreement shall become the property of the CITY, with the same provisions of use as set forth herein. C. It is further understood by and between the parties that any information, contract documents, plans, drawings, or any other matter whatsoever which is given by the CITY to the PRINCIPAL pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PRINCIPAL for any other purposes whatsoever without the written consent of the CITY. 20.Award of Agreement. TA:GenEngServK&rlinEng 32 03- 836 A. The PRINCIPAL warrants that it has not employed or retained any company or person to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, or gifts or any other consideration contingent upon or resulting from the award or making of this Agreement. B. The PRINCIPAL also warrants that to the best of its knowledge and belief no Commissioner, Mayor or other officer or employee of the CITY is interested directly or indirectly in the profits or emoluments of this Agreement or the Work. 21.Entire Agreement. This Agreement represents the entire and integrated agreement between the CITY and the PRINCIPAL and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be amended only by written instrument executed by CITY and PRINCIPAL. 22.Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, legal representatives, successors and assigns. 23.Right to Audit. The CITY reserves the right to audit records of the PRINCIPAL pertaining to this Agreement anytime during the term hereof, and for a period of three TA:Gen2agServN&r1in1tng 33 03— 830 I (3) years after final payment is made under this Agreement. 24.Insurance. PRINCIPAL shall maintain during the terms of this Agreement the following insurance: A. Comprehensive General Liability Insurance in amounts not less than $1,000,000.00 Combined Single Unit for bodily injury and property damage liability and said insurance shall include contractual liability coverage. The CITY of Miami shall be named as primary Additional Insured. B. Professional Liability Insurance in a minimum amount of $1,000,000.00 covering all liability arising out of the terms of this Agreement. C. Workers' Compensation Insurance in the statutory amounts. D. Automobile Liability Insurance covering all owned, non - owned, and hired vehicles used by PRINCIPAL in connection with Work arising out of this Agreement. Coverage shall be written with at least statutory amounts for Bodily Injury and Property Damage. E. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and which are approved according to specifications of the Risk Management Division of the TA:GenEngServMarlinSng 34 ) CITY of Miami. All policies required hereunder shall name the CITY as `Additional Insured". F. The PRINCIPAL shall furnish certificates of insurance to the CITY prior to the commencement of any work, which shall clearly indicate that the PRINCIPAL has obtained insurance in the type, amount and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without the thirty (30) days written notice of the CITY.- G. ITY:G. Compliance with the foregoing requirements shall not relieve the PRINCIPAL of its liability and obligations under this Section or under any portion of this Agreement. s 25.Right of Decisions. A. All services shall be performed by the PRINCIPAL to the satisfaction of the Project Manager who -shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the Services hereunder, and the character, quality, amount, and value thereof, and the Project Manager's decisions upon all claims, questions of fact, and disputes shall be final, TA:GeaSngSerVHarlinSng 35 03- Sao conclusive and binding, upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. B. In the event that the PRINCIPAL does not concur in the judgment of the Project Manager as to any decision made by him, the PRINCIPAL shall present his written objections to the CITY Manager. 26.Non-Discrimination. The PRINCIPAL shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, handicap or marital status. The PRINCIPAL shall take affirmative action to ensure that applicants are employed, without regard to their race, color, religion, sex, age, national origin, handicap or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The PRINCIPAL agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Personnel Officer setting forth the provisions of this Equal Opportunity Clause. 27.Construction of Agreement. The parties hereto agree that this Agreement shall be construed and enforced according TA.GenEn9Ser"%az1inZn9 36 03- 836 1 to the laws, statutes and case law of the State of Florida. 28. Independent Contractor. The PRINCIPAL and its employees and agents, shall be deemed to be Independent Contractors and not agents or employees of the CITY; and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any right generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Workers' Compensation benefits=as employees of the CITY. 29.Non-Delegability. It is understood and agreed that the obligations undertaken by the PRINCIPAL pursuant to this Agreement shall not be delegated or assigned to any other i� z person or firm without the CITY's prior written consent, which may be withheld at CITY's sole discretion. 30.Default Provision. In the event that PRINCIPAL shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, in addition to all other remedies available by law, at its sole option, upon written notice to PRINCIPAL may cancel and terminate this Agreement, and all payments, advances or other compensation paid to PRINCIPAL by CITY while TA:QenEngser"ftrliatng 37 03- 836 j PRINCIPAL was in default of the provisions herein contained, shall be forthwith returned to CITY. 31.Contingency Clause. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 32.Minority Procurement Compliance. The PRINCIPAL acknowledges that it has been=furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the CITY of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 33.Indemnification. The PRINCIPAL covenants and agrees that it will indemnify and hold harmless the CITY, its officers, agents and employees from any and all claims, losses, damages, costs, charges or expenses arising out of or in connection with the negligent acts, actions, or omissions of the PRINCIPAL or any of its officers, agents, employees, whether direct or indirect, provided, however, that PRINCIPAL shall not be liable under this Section for damages or injury arising out of or directly caused by or resulting from the sole negligence of the TA:OenBngServK&r1in2n9 38 G,_ 03 836 CITY or any of its agents, officers or employees. The indemnity provided herein is not limited by reason of any particular insurance coverage in this Agreement. 34.Notice. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fif th day after being posted or the date of actual receipt, whichever is earlier. CITY OF DCUM : PRINCIPAL: City Manager 444 S.W. 2'd Avenue Miami, Florida 33130 Public Works Department Attn: John H. Jackson 444 S.W. 2'4 Avenue Miami, Florida 33130 (305) 416-1223 City Attorney 444 S.W. 2" Avenue Suite 945 Miami, Florida 33130 Marlin Engineering, Inc. Attn: Ramon Soria 2191 N.W. 97th Avenue Miami, FL 33172 (305) 477-7575 35.Amendments. NO amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. TA:GenBngSezvnar1in8bg 39 03- 836 36.Miscellaneous Provisions. A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the CITY of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. TA:GenBngservMarlinsag 40 ,y 03- 836 ?: wi_..__' w'_3F_.-, the nnrt__.. ;er_t^ : a•. _. _: their groper co=porate mf'_icials, exe` ed th-> Agreeme: c. t.e da? and VeA first abzve set t=rt._. Marlin Engineering, Iae. a Florida Corporation A EST —rppzrati- Secretary iga Sora pr s_=orc. CITY OF KXANX, a mmi.eipal Corporation of the State of Florida ..__I ___rk City Mang r r,eoartmert c` Pub=ic: Works A?2?O:-- Ag* TV ?ORM ;XD ArI=R0V=^ AS TO TiISU A.10E CC&REC NESS : R$QOTR-SI4ER i f.• : A,-ZJPADRC t Z ARELT-.C' R. SUE WEL i.a j:,o ir•�tar ZSTY Amtcrnev v Risk. Management W ---.L. !.i r 3�nFn4.fx�war: infra: 41 TA:GenEngSezvNarlia8ng 41 03- 836 CORPORATE RESOLUTION WHEREAS. the Board of Directors of NIARI.IN VNGINEERI\C.. I1C. has exrun::i icrmS. conditions. and oblistations of the proposed contract with the City of k1wrr.: for Prwmss,onal Genera! BnOneermt: Services WHEREAS. the Board or Directors at a duiv held corporate meetsu_ have cowicemi she :tiara_ in accordance with use hy4aws of the corporation: \.('W. TH REF ORE, BE ff RESOLVED BY THE BOARD OF DIRECTORS Ur MARLIN E% Mw I\C., that the presidetst and secretary are hemby ituthorized and irstructed w enter into a contract in the name o£ and on behalf of this corporation, with the Cir.- of Miami for Profession! Genera! Engineering Services, in accordance with the ooiuract documents furnished by tU Citi of Miami, and for the price and upon the terms and payments contained in tis_ proposed cor_cum submined by the City of Miami. IN 'OTINTSS WHEREOF, this 9 April. 2002 Clj %. of Directors President .i ol'um, Sertctani. i Secretary TA -GCC agSezvnazlissiBisg 42 03- 836