HomeMy WebLinkAboutReso 2000-255
RESOLUTION NO. 2000- ?v55
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN ADDENDUM
TO SPILLIS CANDELA AND PARTNERS CONTRACT TO
CONTINUE SUBCONTRACTOR SERVICES WITH DAVID
PLUMMER AND ASSOCIATES FOR FURTHER TRAFFIC
ANALYSIS REGARDING THE CITY HALL GOVERNMENT
COMPLEX, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE AND
EFFECTUATE SAID ADDITIONAL SERVICES CONTRACT TO
COMMENCE TRAFFIC STUDIES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach contracted with Spillis Candela and Partners
to design and prepare permit plans for the new City Hall Government Center complex.
WHEREAS, David Plummer and Associates was subcontracted by Spillis Candela and
Partners to provide the traffic analysis for the City Hall complex.
WHEREAS, the City Commission wishes to approve an addendum to Spillis Candela
and Partners' contract to continue subcontractor services with David Plummer and Associates for
additional traffic analysis for the City Hall Complex and authorize the City Manager to execute
and effectuate said contract based on the scope of services and fee proposal attached hereto as
Exhibit "A" to commence said traffic analysis.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
1. Approval of Contract. An addendum to the contract by and between the City of Sunny
Isles Beach and Spillis Candela and Partners based on the scope of services and fee
proposal attached hereto as Exhibit "A", be and same, is hereby approved.
2. Authorizing the City Manager. The City Manager is hereby authorized to execute said
contract and do all things necessary to effectuate the agreement to commence demolition
of the building at the City Hall site.
3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20th day of July, 20 O.
David Samson, Mayor
City Hall Demolition Res,
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7/13/00 -- 4:52 PM
1
ATTEST:
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Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Vote: !$-Q
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
City Hall Demolition Res,
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7/13/00 -- 4:52 PM
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v(Y es)
V(Y es)
V (Yes)
V (Yes)
~(Yes)
_(No)
_(NO)
_(NO)
_(NO)
_(NO)
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ADDENDUM TO CONTRACT
THIS Addendum to the contract between the City of Sunny Isles Beach (here-Pl.after
referred to as the "City") and Spillis Candela and Partners is made in duplicate, this J C{ day
of-:::::;;i~{ 2000 by and between the City and David Plummer & Associates, Inc.
(hereinafte referred to as the "Consultant").
RECITALS
\VHEREAS, City contracted with the Spillis Candela and Partners to design and prepare
permit plans for the new City Hall Government Center Complex; and
WHEREAS, Consultant was subcontracted by Spillis Candela and Partners to provide
the traffic analysis for the new City Hall Government Center Complex; and
. \VHEREAS, Consultant desires to enter into an agreement with the City in accordance
with Resolution No. 2000-255;
NO\V THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and
made a part hereof for reference..
2. CONSULTING SERVICES. Consultant shall provide to the City, consulting services and
advice in connection with the services' under the Spillis Candela and Partners contract as more
particularly described in Attachment "A" attached hereto and made a part hereof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in
Paragraph 8 hereunder, the term of this Agreement shall begin upon the execution of this
agreement and shall end upon the completion of services described in Attachment "A", and may
be extended as necessary, in writing by the parties hereto.
4. COMPENSATION. As the entire compensation to the Consultant for its services to the City
under and during the term of this Agreement, in whatever capacity rendered, the City shall pay to
the Consultant the sum of FIFTY FOUR THOUSAND THIRTY FIVE DOLLARS,
($54,035.00). Payment of said compensation shall be made pursuant to the "Fee for Services" as
set forth on "Attaclunent A" which is attached hereto and incorporated herein by reference.
5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant is an independent
contractor and shall be treated as such for all purposes. Nothing contained in this agreement or
any action of the parties shall be construed to constitute or to render the consultant an employee,
partner, agent, shareholder, officer or in any other capacity other than as an independent
contractor other than those obligations which have been or shall have been undertaken by the
Addendum 10 Spil/is Candela - David Plummer & Associales,doc
City, Consultant shall be responsible for any and all of its own expenses in perfonning its duties
as contemplated under this agreement. The City shall not be responsible for any expense
incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or
pay Social Secwity services and that such obligations shall be that of the Consultant, other than
those set forth in this agreement. Consultant shall furnish its own transportation, office and other
supplies as it detennines necessary in carrying out its duties under this agreement.
6 OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the
Consultant pursuant to this agreement and related services to this agreement are intended and
represented for the ownership of the City only. Any other use by Consultant or other parties
shall be approved in writing by the City.
7. INDEMNIFICATION. Consultant agrees to indemnify and hold hannless, the City, its
officers, agents, employees from, and against any and all claims, actions, liabilities, losses and
expenses including, but not limited to, attorney's fees for personal, economic or bodily injury,
wrongful death, loss of or damage to property, at law or in equity, which may arise or may be
alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the
consultant, agents or other personal entity acting under Consultant's control in connection with
the Consultant's perfonnance of services pursuant to that agreement and to that extent the
Consultant shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses and shall pay all costs and
attorneys' fees expended by the City in defense of such claims and losses including appeals. The
parties agree that ten percent (10%) of the total compensation is a specific consideration from the
City to the Consultant for this indemnity.
8. TERMINATION.
A. If, through any cause within the reasonable control the' Consultant shall fail to
fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations
material to this agreement, the City shall have the right to terminate the services then remaining
to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify
the Consultant of its violation of the particular terms of the agreement and grant Consultant ten
(10) days to cure such default. If the default remains uncured after ten (10) days the City may
terminate this agreement
(i.) In the event of termination, all finished and unfinished documents, data and other
work product prepared by Consultant (and sub consultant(s)) shall be delivered to
the City and the City shall compensate the Consultant for all services satisfactorily
performed prior to the date of termination, as provided in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing. the Consultant shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the agreement by
Consultant and the City may reasonably withhold payments to Consultant for the
purposes of set-off until such time as the exact amount of damages due the City
from the Consultant is determined.
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Addendum to Spillis Candela - Dal'id Plummer & Associates. doc
B. Termi~ation for Convenience of Citx. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by given written
notice which shall become effective seven (7) days following receipt by Consultant. The terms
of Paragraphs A(i) and (ii) shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining services to be performed in the event the Consultant is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
9. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not
subcontract, assign or transfer any work under this agreement with the prior written consent of
the City. Should the Consultant subcontract any services under this agreement, it shall be done
with continued liability for the Consultant. The Consultant shall remain responsible for services,
responsibilities and liabilities of the subcontractor or any person or entity acting under
Consultant.
10. TIME OF COMPLETION. The services to be rendered by the Consultant shall be
commenced upon execution of this contract and shall be completed within the time specified in
this agreement. A reasonable extension of time shall be granted in the event the work of the
Consultant is delayed or prevented by the City or by circumstances beyond the reasonable
control of the Consultant including weather conditions of acts of God which render the
performance of the Consultant's duty impracticable.
11. INSURANCE REQUIREMENTS. Consultant shall maintain workmen's compensation
insurance as required by Florida low and shall furnish a copy of insurance certificate to the City.
12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly,
voluntarily and intentionally, 'waive the right which any may have to a jury trial in respect of any
action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in
connection with this agreement or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of either of party.
13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration. And their
respective attorneys' fees as may be determined by the court on confirmation.
14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of
this Agreement or MY time for a period of TEN (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
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Addendum to Spillis Candela - David Plummer & Associates,doc
person or entity, oth~r than in the discharge 'of the duties of the Consultant under this Agreement~
any infonnation which the City designates in writing as "confidential." As a violation by the
Consultant of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for
violating such provisions.
IS. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City, shall be addressed to it, to the attention of the City Manager, City of
Sunny Isle Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and if
intended for the Consultant, shall be addressed to David Plummer & Associates, Inc., 1750
Ponce De Leon Boulevard, Coral Gables, Florida 33134.
16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
17.... AUDIT. The Consultant shall make available to the City or its representative all required
financial records associated with the Agreement for a period of THREE (3) years.
18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act
of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Ex~cutive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause.
The Consultant agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the
Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City
4
Addendum /0 Spillis Candela - David Plummer & Associales,doc
of Sunny Isles Beach Ordinance .No. 99~82, which are incorporated by reference herein as if fuiIy
set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of the
services. The Consultant further covenants that in the performance of this agreement, no person
having any such interest shall knowingly be employed by the Consultant. No member of, or
delegate to the Congress of the United States shall be admitted to any share or part of this
agreement or to any benefits arising therefrom.
20. MISCELLANEOUS. The Consultant shall provide the City with a copy of all of its
finished work-product(s), including the finished report, on an IBM-compatible operating system
computer disk(s).
21. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly
incorporated herein by reference, contain the entire agreement of the parties, and may be
amended, waived, changed, modified, extended or rescinded only by a writing signed by the
party against whom any such amendment, waiver, change, modification, extension and/or
rescission is sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement III
duplicate on the day and year first written above.
WITNESSES:
DAVID PLUMMER & ASSOCIATES,
INC.:
BY:
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NO. 936 [;102
EXIBIT " A"
#00123
Revised May 8, 2000
Revised June 21, 2000
Revised July 19,2000
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SUNNY ISLES CAUSEWAY CIRCULATION PLAN
SUNNY ISLES, FLORIDA.
DAVID PLUMMER AND ASSOCIATES
l.ntrodudion
S=y Isles Boulevard, also knoW as 1 63n11 1 67th Street is a major gateWay into the City of Sunny
Isles Beach. The median tha1 separates the westbound and eastbound roadways is of sigDificant depth
to allow development. The median. presently underuti1ized, is the site of the new City Hall. It is
anticipated that most of the remaining land will remain in prb,ate ownership.
The City has retained a consultant to prepare a streetseape master plan tha1 enables the median and
-. ,
properties along the south side of the street to be pedllSi:rian friendly and encourage commercial
revitalization. The intent is to redevelop this section of the city. This scope of services is based on
the description and status oftbat project, provided by that consulting firm on April 3, 2000, as well
subsequent discussions with the city.
Objective
Sunny Isles Boulevard is designed with freeflow movements. It is eight lanes (four lanes in each
direction) as it cros... the IntracOastal Wa1OlWay. The roadway continues to the east providing
access to adjacent land parcels. The interseCtion at SR AlA is a combination nf grade-separated and
stop conditions.
This study will investigate two alternatives to address ingteSs and egress to lbe City Hall site. The
first alternative is to continue to use the existing n.;<'.iow operation both north and soulb of 1he
rnedian while providing direct access to 1he City Hall site. The second alternative would eliminate
weaving sections, designate entrances into the inner loop and outer loop, and provide direct access
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to the City Rall. This requires signalizalion of Sunny Isles Boulevard and adjustments to a majority
of the traflic movements to/from the private properties and tbe - City Hall site. Through traffic
on the Sunny Isles Boulevard would be stopped wbile vaiiCies entered and ailed the new main
driveway. This alternative would be compatible with the proposed southerly extension ofNonh Bay
Road. The prerened alternative from this project will be the basis for City pJ.anninll doclltDents such
as the City's Comprehensive Master plan.
The scope will be divided in two phases. Phase 1 will be for a temporary access to the proposed site.
Two driveway connections will be proposed in this ph.... No alteration or reconfiguration of the
existing traffic paUems would be proposed in this phase. Access to the site wiU be achieved using
th~ existiog inner and outer loops. Phase n will be to provide direct access to the site. The two
alternatives described above will be developed in phase U. There are nine separate tasks required
to complete the appropriate studies. These tasks are interrelated and must be undertaken
simultaneously.
Scope of Seni~
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Phase I
Task 1 . Project Traffie Generation
Traffic generation for the project will be estimated using lrip generation rates front tbe Institute of
Transportation Engineers (ITE) Trip Generation ManWlI, 6th Edition. Trip generation calculations
will be performed for typical weekday AM and PM peak hours of the adjacent street and the site.
This calculation will establish the critical morning and afternoon hours. The critical hour volumes
will be refined by making the necessary adjustments to ",f1ect existing traffic volume levels as well
as pass-by traffic.lnfonnation from the Miami-Dade Transportation Model will then be used to
establish the project traffic dislribution and assignment to tbe site driveways during the typical
weekday AM and PM peak hours. The difference between existing and future driveway volumes will
also be estimated using ITE data.
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A review of the sile driveway locations will be conducted. The project access proposal will be
""",paren to roOf requirements. A letter-type traffic report and a drawing showing the conceptual
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driveway connection will be prepared. The report, along with a drainage' study prepared by others,
will be submitted to FOOT by the client and/or the client's representative.
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Phase II
I..ask 2 - Base Maps I 'Project LibraI:)'
The city will secure from FDOT aU necessary maps and/or information including but not limited to
as-build, right-of-way maps, plan and profiles, and typical sections for Sunny Isles Boulevard and
SR AlA. Based on this information provided by the city, DPA win prepared a base map for the
existing conditions on the Sunny Isles Boulevard beginning just east of the Intracoastal Bridge and
extending easterly to SR AlA. The base maps would include SR AlA for 300 feet north and south
of that same intersection.
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The city will also provide details on ownerships within the median and adjacent properties, drafts
of the commercial plans being prepared for the median, previous traffic studies in the area that may
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affect this project, and any other public or private improf€ments in the area. (One example would
be the plan for the proposed North Bay Road intersection with Sunny Isles Boulevard).
Task 3 - Geometric Plans
Horizontal and vertical schematic plans will be prepared for the geometric changes under both
alternatives. These plans would be in sufficient detail to unde~tand the physical barriers needed to
prevent weaving. locations of the Sunny Isles Boulevard columns which may affect future
intersection designs, and lane designations on the mainline and at intersections.
These geometric plans, at 1" .... SO', would portray the new circulation plans. The city's preferred
altemative and the comments received from Miami-Dade County and FOOT will be adequate for
the City to request FDOT funding of the next step in the approval process. This may be a Master
Plan, PD&E and/or permitting/design. ;.,;.": i
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Task 4 . Traffic Anslysjs
The traffic analysis will determine the traffic advantages to the %ea from these two altematives. The
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analysis will be conducted using five and ten year projections. These projections will be based on
an agreed upon annual growth applied to existing traffic volumes. Any committed projects, such as
the City Hall. will be used to adjust these increased volumes.
Standard highway capacity manual techniques will be used in this analysis. It will include the signal
phasing recommended at new and existing intersections. The study area will include Sunny Isles
Boulevard from SR AlA to the proposed project site.
Task 5 . Siena1 Warrant Study
Depending on the alternative selected, there could be up to two new traffic signals in this project.
Under this task the consultant will arrange 72 hour traffic counts at each approach of the subject
locations. The traffic volumes will be compared to the traffic_yolume-related warrants in the Manual
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on Uniform Traffic Control Devices. The volume warran~alysis win include the projected traffic
volumes for the Sunny Isle Beach Civic Center project.
For warrants that are not based on traffic volumes. the consultant will estimate the applicability
and/or likelihood that those warrants will be satisfied. The estimate will be based on available data,
sample observations, andlor general knowledge of the area.
The analysis and conclusions will be summarized in a report. AU appropriate analysis forms and
data will also be included in the document. The consultant will submit the report to the client for
formal submittal to the FDOT.
Task 6 - Graphic Presentations
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There will be a great deal of public interest in the ac~iis to the City Han and the changes to the
general operations on Sunny Isles Boulevard. Under this task we will prepare exhibit boards for
presentations at a public level of understanding, showing existing conditions and recommended
improycmcnt:s for both alternatives.
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lask 7 .. Aeenc:yrream Coordination
This task will cover meetings with the client and other government agencies. For example, the
Florida Department of Transportation is responsible for ~-bperations and maintenance of both
Sunny Isles Boulevard and SR AlA.
The FDOT will be an important ingredient in the development of new plans for Sunny Isles
Boulevard. The Miami-Dade Public Works Department will also become involved in this process.
This effort would coordinate and communicate with both of those organizations in the following
three meetings:
I) Introduction I Fact Finding I Needs
2) Presentation of Alternatives
3) OpeIationalConunen~
Task 8 - Public Presentations
The graphic presentations developed under Task 6 ab~~-':wil\ be shown to Sunny Isles Beach
residential groups. There will be two presentations. The time, invitations, and meetings will be set
by the City.
Task 9 .. City Commission Meetings I Presentations
There will be two presentations to the City ColDJ11ission. These presentations will follow the same
agenda as in Task 8.
FINAL PRODUCT
Geometric schematic plans will be prepared for the two alternatives (freeflow I traffic signalization).
There will also be a supplementary report describing the justifications, analysis. and process for this
project.
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'Ibi. Scope of Service., and corresponding rees, ..., based on the foUowinll materials being .upplied
by others:
1) Maps and reports as described in Task 2 &-i;
2) Schematic plans for the City Han and other facilities.
3) Property oWllersbip boundaries in the median, and north and souib of Sunny Isles
Boulevard.
4) Arrangement of aU public presentation, meetings with City staff, and commission
presentations.
S) All Oty policies, ordinanCe. or other City documCIIts, that rnight affect the decisions
for this project.
E.EES AND DJRECT EXPENSES.
NE 163 Street I SR AlA Circulation Plan
City of Sunny Isles B~ach
Technical and Project Re~;entation Fees
Iecbniea\ Services Fees
1. Project Traffic Generation
2. Base MapslLibraI"Y
3 Geometric Plans (2)
4. Traffic Analysis (2)
S. Signal Warrant Studies (2)
6. Graphic Presentations
Meetinr I Representation Fees
7. FDOT/Miami.Dade Coordination (3 meetings)
8. Public Presentations (2 presentations)
9. City Commission MeetingsIReprcsentation (2 meetings)
Fee ~di
6
$ 8.000.00
S 1,000.00
$ 9,350.00
$ 6,000.00
S 7,500.00
$ 2,500.00
$ 5,000.00
$ 3,600.00
S 4,800.00
S 47,750.00
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{ienerBl Direct E~en5es.
Xeroxing
F uing
Delivery
Mileage
Traffic Counts (72 ~Rours @ 2 locations)
subtotal
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lJintin'i: Expenses
Final Report printing (25 copies) (50 pgs. each)
Final Geometric Plan Printing (25 copies) (5 sheets eal:b)
subtotal
~omputer Aided DrBftin~ Bud Desi~
Report CADD (80 hIs. @ $12.00/hr.)
Geometric plan CADD (\00 hrs. @ $12.00/hr.)
subtotal
Direct Expense Total
TOTAL FEES.:R.-,;EXPENSES
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$ 3,500.00
S 625.00
$ 2,160.00
19.28S.00 -
$ 54,035.00
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