HomeMy WebLinkAboutR-93-0760J-93-841
11/18/93
RESOLUTION NO. 93- 760
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
FIRM OF KEITH AND SCHNARS, P.A., IN AN AMOUNT
NOT TO EXCEED $10,000 FOR TRAFFIC ENGINEERING
CONSULTING SERVICES ASSOCIATED WITH THE
TRAFFIC CONTROL PLAN IN THE SHORECREST
NEIGHBORHOOD; ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $10,000, FROM
TRANSPORTATION AND PLANNING COORDINATION
FUNDS, PROJECT NO. 150002, ACCOUNT CODE
NO. 560703-270.
WHEREAS, Resolution 93-110, adopted February 9, 1993,
supports a traffic control plan, in principle, presented by the
residents of Miami's Shorecrest neighborhood bounded by Biscayne
Bay, Biscayne Boulevard, Little River and N.E. 87th Street; and
WHEREAS, the Traffic Director of Metropolitan Dade County
has required that the Public Works Department prepare a detailed
traffic study to determine the effects of the proposed vehicular
access restrictions contained in the traffic control plan on
surrounding roadways and present said detailed traffic study to
Metropolitan Dade County and the Florida Department of
Transportation; and
WHEREAS, the Department of Public Works presently lacks the
expertise to prepare the detailed traffic study and requires the
assistance of a private Traffic Engineering Consult
ITUCH ENT (S)
,and
CITY CObDUSSION
MEETING OF
DEC 1 6 1993
RevWution No,
93- 760
WHEREAS, the Public Works Department has determined that
Keith and Schnars, P.A. is the most qualified firm to provide the
traffic engineering services for the preparation of a traffic
study for the Shoreorest neighborhood; and
WHEREAS, in order to proceed with imt)lementation of the
traffic control plan it will be necessary to negotiate and enter
into a professional services agreement with Keith and Sohnars,
P.A., in an amount not to exceed $10,000; and
WHEREAS, funds are available to cover said contract, in an
amount not to exceed $10,000, from Transportation and Planning
Coordination Funds, Project No. 150002, Account Code
No. 560703-270;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
negotiate and execute a professional services agreement, in
substantially the attached form, with the firm of Keith and
Schnars, P.A., in an amount not to exceed $10,000, for traffic
engineering consulting services associated with the traffic
control plan in the Shorecrest neighborhood, with funds therefor
hereby allocated from Transportation and Planning Coordination
Funds, Project No. 150002, Account Code No. 560703-270.
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93- 760
Seotion 3. This Resolution shall beoome effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 16th_ day of December 1993.
�Q-� Pe4"'
CL
S EPHEN P. C ARK, MAYOR
ATT
0
MATTY HIRAI
CITY CLERK
SUBMITTED BY:
WALDEMAR E. LEE
DIRECTOR OF PUBLIC WORKS
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A
- j�� j
A.' QUINN JON �S I I
CITY ATTORN Y
GMM:osk:M4 6
—3—
APPROVED FOR BUDGET:
S RODRIGUEZ, DIRECTOR
ING, BUILDING AND
ZONING DEPARTMENT
93- '760
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of
, 1993, by and between the City of Miami, a
municipal corporation of the State of Florida, hereinafter
referred to as "CITY", and KEITH AND SCHNARS, P.A., a for profit
corporation of the State of hereinafter
referred to as "CONSULTANT".
RECITAL:
WHEREAS, at the February 9, 1993 City Commission meeting, the
City Commission adopted Resolution No. 93-110 supporting a traffic
control plan, in principle, that addresses the traffic control
problems in Miami's Shorecrest neighborhood bounded by Biscayne
Bay, Biscayne Boulevard, Little River and N.E. 87 Street; and
WHEREAS, the Traffic Director of Metropolitan Dade County
required that the Public Works Department prepare a detailed
traffic study to determine the effects of the proposed vehicular
access restrictions contained in the traffic control plan on
surrounding roadways and present said detailed traffic study to
Metropolitan Dade County and the Florida Department of
Transportation; and
WHEREAS, the Department of Public Works presently lacks the
expertise to prepare a detailed traffic study and requires the
assistance of a private Traffic Engineering Consultant; and
WHEREAS, the Department of Public Works has determined that
Keith and Schnars, P.A. is the most qualified firm to provide the
traffic engineering services for the preparation of a traffic
study for the Shorecrest neighborhood.
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93- 760
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
agree as follows:
I.
TERM:
The term of this Agreement shall be from the date of this
agreement through June 1, 1994 or when a traffic control plan is
accepted by the City of Miami Commisison and the Traffic Director
of Metropolitan Dade County
TI.
SCOPE OF SERVICES:
A. CONSULTANT shall perform and be responsible for the
following professional and technical services
commprising the traffic plan:
1. Analyze one (1) traffic control plan provided by the
Department of Public Works for the Shorecrest
neighborhood to determine the effect on the level of
service and traffic signalization of Biscayne
Boulevard, U.S. 1, between Little River and N.E. 87
Street, N.E. 79/82 Street between Biscayne Boulevard
and John F. Kennedy Causeway, N.E. 10 Avenue between
N.E. 79 Street and N.E. 87 Street and related
roadways within the Shorecrest neighborhood
boundaries as required by the Traffic Director of
Metropolitan Dade County and the Florida Department
of Transportation.
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2. Prepare a technical report, including related
documentation, that will be included in a final
traffic control plan prepared by the Department of
Public Works for presentation to the traffic
Director of Metropolitan Dade County, the Florida
Department of Transportation and the City of Miami
Commission.
3. The limits of the analysis area are described as
follows: Little River, N.E. 87 Street, Biscayne
Boulevard and Biscayne Bay.
B. Additional services, including analysis of additional
traffic control and signalization plans may only be done
by written agreement approved by the CITY. At the
CITY'S option, for additional services the CONSULTANT
may be paid an agreed upon fixed fee for those services
rendered.
C. The CITY 'S review and approval of the technical report
shall relate only to overall compliance with the general
requirements of the analysis and whenever the term
"Approval by the City" or like term is used in the
Agreement, the phraseology shall in no way relieve the
CONSULTANT from any duties or responsibilities under the
terms of this Agreement.
D. The CONSULTANT shall complete the analysis and report
within sixty (60) days of the execution of this
Agreement. The completed report and related
documentation shall be delivered to the City before
final payment.
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COMPENSATION:
A. CITY shall pay the CONSULTANT, as maximum compensation
for the services required pursuant to Paragraph II
hereof,
B. Such compensation shall be paid after the acceptance by
the CITY of the technical report and receipt of an
invoice submitted by the CONSULTANT and approved by the
CITY.
C . CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to
any payments by the CITY.
D. Additional services by the CITY shall be paid as
provided under Paragraph II-B.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local government.
V.
GENERAL CONDITIONS:
A. 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 fifth day after being posted or the date of actual
receipt, whichever is earlier.
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93- 760
CITY OF MIAMI CONSULTANT
City Manager Keith and Schnars, P.A.
3500 Pan American Drive 7955 N.W. 12 Street, Suite 103
Miami, Florida 33133 Miami, Florida 33126
B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C. 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.
D. 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.
E. Should any provisions, paragraphs, sentences, words or
phrases 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 provisions,
paragraphs, sentences, words or phrases 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.
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93- 760
VI.
OWNERSHIP OF DOCUMENTS :
All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to Paragraph II hereof and shall
become the property of CITY. CONSULTANT agrees that all
documents maintained and generated pursuant to this contractual
relationship between CITY and CONSULTANT shall be subject to all
provisions of the Public Records Law, Chapter 119, Florida
Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by CITY to CONSULTANT
pursuant to this Agreement shall at all times remain the property
of CITY and shall not be used by CONSULTANT for any other
purposes whatsoever without the written consent of CITY.
VII.
NON-DELECABILITY:
That the obligations undertaken by CONSULTANT pursuant to
this Agreement shall not be delegated or assigned to any other
person or firm unless CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
VIII.
AUDIT RIGHTS:
CITY reserves the right to audit the records of CONSULTANT
at any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
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n
LA
If the CITY chooses to defend any action on behalf of
IX.
itself,. it shall bear its own costs of defense, and if the
AWARD OF AGREEMENT:
provisions of this indemnity provision are applicable, CONSULTANT
CONSULTANT warrants that it has not employed or retained any
shall indemnify the CITY accordingly. In any event, CITY shall
person employed by the CITY to solicit or secure this Agreement
promptly notify CONSULTANT as soon as it has notice of any matters
and that it has not offered to pay, paid, or agreed to pay any
for which this indemnity provision may be applicable.
person employed by the CITY any fee, commission percentage,
XIII.
brokerage fee, or gift of any kind contingent upon or resulting
INSURANCE:
from the award of this Agreement.
CONSULTANT shall not commence WORK on the Contract until it
X.
has obtained insurance required under this paragraph and such
CONSTRUCTION OF AGREENIEDTr:
insurance has been approved by CITY.
This Agreement shall be construed and enforced according to
A. An Automobile Liability Insurance covering all owned,
the laws of the State of Florida.
non -owned, and hired vehicles in the amount of not less
XI.
than $100,000 per person each, $300,000 per accident for
SUCCESSORS AND ASSIGNS:
( bodily injury, and $50, 000 per accident for bodily
This Agreement shall be binding upon the parties herein,
injury, and $50,000 per accident for property damage.
their heirs, executors, legal representatives, successors, and
B. Professional Liability Insurance in minimum amount of
assigns.
$250,000 covering all liability arising out of the terms
XII.
of this Agreement.
INDEMNIFICATION:
C. Workers' Compensation Insurance in the statutory
CONSULTANT shall indemnify and save CITY harmless from and
amounts. The insurance coverage required shall include
against any and all claims, liabilities, losses, and causes of
those classifications as listed in standard liability
action which may arise out of CONSULTANT'S activities under this
insurance manuals, which most nearly reflect the
Agreement, including any person acting for or on its behalf, and,
operations of PRINCIPAL.
from and against any orders, judgments or decrees which may be
ALL insurance policies shall be issued by companies
entered and from and against all costs, attorneys' fees, expenses
authorized to do business under the laws of the State of Florida;
incurred in the defense of any such claims, or in the
and which are approved according to specifications of the Risk
investigation thereof.
Management Department of the CITY.
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93- 760
CONSULTANT shall furnish Certificates of Insurance to City
prior to the commencement of the WORK which Certificates shall
clearly indicate that CONSULTANT has obtained insurance in teh
type, amount and classification as required for strict compliance
with this paragraph, and that no material change or cancellation
of insurance shall be effective without forty five (45) days
written notice to CITY.
XIV.
CONFLICT OF INTEREST:
A. CONSULTANT covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal
financial interests, direct or indirect, with CITY.
CONSULTANT further covenants that, in the performance of
this Agreement, no person having such conflicting
interest shall be employed. Any such interests on the
part of CONSULTANT or its employees, must be disclosed
in writing to CITY.
B. CONSULTANT is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2,
Article V), Dade County Florida (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.
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93- 760
XV.
INDEPENDENT ENGINEERS:
CONSULTANT and its employees and agents shall be deemed to
be independent engineers and not agents or employees of CITY, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further they shall not be
deemed entitled to the Florida Workers' Compensation benefits as
an employee of CITY.
XVI.
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
Paragraph II hereto without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
CONSULTANT, who shall be paid for those services performed prior
to the date of its receipt of the notice of termination. In no
case, however, will the CITY pay CONSULTANT an amount in excess
of the total sum provided by this Agreement.
It is hereby understood by and between CITY and CONSULTANT
that any payment made in accordance with this Paragraph to
CONSULTANT shall be made only if said CONSULTANT is not in
default under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall in no way be obligated and shall not pay
to CONSULTANT any sum whatsoever.
XVII.
NONDISCRIMINATION:
CONSULTANT agrees that it shall not discriminate as to race,
sex, color, creed, national origin or handicap in connection with
its performance under this Agreement.
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Furthermore that no otherwise qualified individual shall,
solely be reason of his/her race, sex, color, creed, national
origin, or handicap, be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this day and year first above written.
ATTEST:
Matty Hirai
City Clerk
WITNESSES:
APPROVED AS TO INSURANCE
REQUIREMENTS:
CITY OF MIAMI, a municipal
Corporation of the State
of Florida
BY
Cesar H. Odio
City Manager
CONSULTANT:
Keith and Schnars, P.A.
a for profit Corporation
in the State of Florida
By
(Title)
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones, III
City Attorney L(�
WITNESSES FOR KEITH & SCHNARS
93- 760
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of Keith and Schnars, P.A. has
examined terms, conditions, and obligations of the proposed
contract with the City of Miami for the analysis of a traffic control
plan in the Shorecrest neighborhood;
WHEREAS, the Board of Directors at a duly held corporate
meeting have considered the matter in accordance with the by-laws
of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
Keith and Schnars, P.A. that the President and Secretary are hereby
authorized and instructed to enter into a contract in the name
of, and on behalf of this corporation, with the City of Miami for
the analysis of a traffic control plan in the Shorecrest neighborhood, in
accordance with the contract documents furnished by the City of
Miami, and for the price and upon the terms and payments
contained in the proposed contract submitted by the City of
Miami.
IN WITNESS WHEREOF, this day of
CORPORATE SECRETARY
, 1993.
CHAIRMAN, Board of Directors
WITNESSES:
(SEAL)
93- 760
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA-6
TO . Honorable Mayor and Members DATE : NOV G/ „ 2 1993 FILE
of the City Commission J1,UJtJd
SUBJECT Traffic Study for the
Shorecrest Neighborhood
FROM REFERENCES:
Resolution,
Cit
CisOnager
dio ENCLasuREs : 6 / 16 / 9 3 Dade County Letter,
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt
the attached Resolution authorizing the City Manager to
negotiate and execute a professional services agreement with the
firm of Keith and Schnars, P.A., in an amount not to exceed
$10,000, for traffic engineering consulting services associated
with the traffic control plan for the Shorecrest neighborhood.
BACKGROUND:
At the February 9, 1993 City Commission meeting, the City
Commission adopted Resolution No. 93-110 supporting a traffic
control plan, in principle, that addresses the traffic control
problems in Miami's Shorecrest neighborhood bounded by Biscayne
Boulevard, Biscayne Bay, Little River and N.E. 87 Street.
As required by Resolution No. 93-110, a copy of the proposed
traffic plan was forwarded to Metropolitan Dade County for their
review. On June 16, 1993 County Manager Joaquin Avino notified
the City Manager that a comprehensive traffic study provided by
the City must be presented to the Metropolitan Dade County
Traffic Director and the Florida Department of Transportation for
approval prior to the implementation of any traffic control
measures.
The Public Works Department, working with the Shorecrest
neighborhood residents and the City's Upper Eastside Neighborhood
Enhancement Team, prepared an updated traffic control plan that
the Shorecrest residents desire to present to the County Traffic
Director. Since the Public Works Department presently lacks the
expertise to prepare the detailed traffic study, the assistance
of a private Traffic Engineering Consultant is required. The
firm of Keith and Schnars, P.A., has been determined -to be the
most qualified firm to provide the traffic engineering services
for the preparation of a traffic study for the Shorecrest
neighborhood.
Page 1 of 2 C406 , J
93- 760
RPj
Honorable Mayor and Members
of the City Commission
It is now in order for the City Manager to negotiate and execute
a professional services agreement with Keith and Schnars, P.A. to
prepare the traffic study for the Shorecrest neighborhood which
will assist in securing the authorization to implement a traffic
control plan.
Page 2 of 2
93- 760
METROPOLITAN DADE C. iNTY, FLORIDA Al+r�'S�
METRO •DADE C� ����
CITY MANAGERS OFFI METRO-DADE CENTER
93 JUN 22 OFFICE OF COUNTY MANAGER
SUITE 2910
111 N.W. 1st STREET
MIAMI, FLORIDA 33128.1994
(305) 375.5311
June 16, 1993
Mr. Cesar H. Odio
City Manager
The City of Miami
275 NW 2 Street
Miami, Florida 33128
Re: Closing of Streets
in the Shorecrest Area
Dear Mr. Odio:
With reference to the letter from Waldemar Lee, P.E., Director,
City of Miami Public Works Department, concerning the subject
matter, please be advised that County policy requires the City to
provide for our review a comprehensive traffic study, conducted by
the city or by an engineering consultant firm, which must include
the following:
1. Traffic counts on roadways which are to be closed with
traffic assignment and distribution on the street network
within the area of influence.
2. Level of service at impacted intersections for existing
as well as proposed conditions.
3. Details of improvements, if needed, at locations which
will be impacted by the roadway closure.
4. Impact of street closures on emergency services such as
police and fire and impact of street closures on fire
hydrants, and to determine if any of them need
relocation.
5. All roadway, improvements required due to roadway closure,
including but not limited to roadway widening, traffic
signal installation, signs and pavement markings are to
be constructed and paid for by the City.
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93- 760
Mr. Cesar H. Odio
(Cont'd)
Page 2
Since NE 79 Street, NE 82 Street and Biscayne Boulevard are State
maintained facilities, the Florida Department of Transportation
would also have to review this study. We understand that the DOT
is conducting a study to determine if NE 79 Street can become a
TWO-WAY facility.
Should you have any questions or require other assistance regarding
this matter, please feel free to call this office.
Very truly yours,
Joa ?u . �4&v
Uin. Avino, P.E., P.L.S.
County Manager
cc: Armando Vidal, P.E.
Director, Public Works Department
Waldemar E. Lee, P.E.
Director, City of Miami Public Works Department
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