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Home My WebLink AboutReso 2008-1266 RESOLUTION NO. 2008- J '2 /pI., A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE APPROVAL OF AN AGREEMENT WITH KEITH & SCHNARS, P.A. TO PROVIDE A SIGNAL WARRANT STUDY AT THE 183RD STREET RK SHOPPING CENTER, IN AN AMOUNT NOT TO EXCEED TWENTY -FIVE THOUSAND FIVE HUNDRED DOLLARS ($25,500.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FORAN EFFECTIVE DATE. WHEREAS, on December 13, 2007, pursuant to Resolution No. 2007-1187, the City Commission qualified Keith & Schnars, P.A. for the purpose of providing on-call engineering services to the City for various projects that may arise throughout the 2007/2008 fiscal year; and WHEREAS, on January 17,2008, pursuant to Resolution No. 2008-1215, the City Commission approved an Agreement with Keith & Schnars, P .A. to provide traffic/transportation engineering services including a Parking Garages Study; and WHEREAS, at the Special City Commission meeting on April 16, 2008, the City Commission authorized the City Manager to proceed with Keith and Schnars, P.A., to provide a signal warrant study at the 183rd Street RK Shopping Center due to changing traffic patterns as the new school is opening in August 2008 with 1,600 children attending; and WHEREAS, the Consultant is qualified, willing and able to provide the desired services, and the City desires to enter into an agreement with Keith & Schnars, P.A. to provide the services in an amount not to exceed Twenty-Five Thousand Five Hundred Dollars ($25,500.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratify Approval of Agreement. Approval for the Agreement with Keith & Schnars, P.A. to provide a signal warrant study at the 183rd Street RK Shopping Center, in an amount not to exceed Twenty-Five Thousand Five Hundred Dollars ($25,500.00), attached hereto as Exhibit "A", be, and the same, is hereby ratified. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. R2008- Keith & Schnars Agmt 183 Signal Warrant Study Page 1 of2 PASSED AND ADOPTED this ATTEST: ~AL Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: $-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl .--JdY es) v(Y es) V(Y es) ~{..Yes) _(Yes) R2008- Keith & Schnars Agmt 183 Signal Warrant Study Moved by y; CQ YY\~ T ~'iJe Seconded by: C1~ &R ~ '2..1 rJ _(No) _(No) _(No) _(No) _(No) Page 2 of2 CITY OF SUNNY ISLES BEACH GENERAL ENGINEERING SERVICE AGREEMENT KEITH & SCHNARS, P.A. CONTRACT NO: C0708-060 TRlS ~ AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this ~ "n(by of M~, 2008, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter reD rred to as "City"), and KEITH & SCHNARS, P.A. (hereinafter referred to as "Consultant") whose FederaII.D.# is RECIT ALS WHEREAS, the City is need of consultant to prepare a signal warrant study of the intersection of Collins A venue and the driveway connections serving RK Village Shopping Center to the west of the Trump residential development to the east, as more fully described in Attachment "A ; and WHEREAS, on December 13, 2007, pursuant to Resolution No. 2007-1187, the City Commission qualified Keith and Schnars, P.A. for the purpose of providing on-call engineering services to the City for various projects that may arise throughout the 2007/2008 fiscal year; and WHEREAS, on January 17, 2008, pursuant to Resolution No. 2008-1215, Commission approved an Agreement with Keith and Schnars, P.A. to traffic/transportation engineering services including Parking Garages Study; and the City provide WHEREAS, the Special City Commission meeting on April 16, 2008, the City Commission authorized the City Manager to proceed with Keith and Schnars, P.A., to provide a signal warrant study at 183rd Street due to changing traffic patterns as the new school is opening in August 2008 with 1,600 children attending; and WHEREAS, the Consultant is qualified, willing and able to provide the desired services, and the City desires to enter into an agreement with Keith and Schnars, P.A. to provide the services in an amount not to exceed Twenty Five Thousand Five Hundred Dollars ($25,500.00), attached hereto as Attachment "A". NOW 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. SERVICES. Consultant agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Consultant to the full satisfaction of the City. Consultant agrees to have a qualified C0708-060 KEITII & SCIINARS. P.A. TO PRO' TREET AGREEMENT Exhibit "A" 1- City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Consultant agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Consultant will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Consultant fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Consultant agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Consultant's failure to perform the Services. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall have a retroactive commencement date of April 1, 2008 and shall end August 1, 2008. Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 4. COMPENSATION. Payment to Consultant for all charges under this Agreement shall be in accordance with this Agreement and a proposed fee schedule reflected in Attachment "A" not to exceed Twenty Five Thousand Five Hundred Dollars ($25,500.00). Consultant shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Consultant only for Services actually performed. The Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. 5. A V AILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 6. INDEPENDENT CONSULT ANT RELATIONSHIP. The Consultant is an independent Consultant 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 Consultant other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing 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 Security services and that such obligations shall be that of the Consultant, other than 2 C0708-060 KEITH & SCHNARS, P,A. TO PROVIDE A SIGNAL WARRANT STUDY AT 183RD STREET AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax those set forth in this Agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. 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. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 8. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits provide total coverage of at least Five Million Dollars ($5,000,000). Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies 3 C0708-060 KEITH & SCHNARS. P,A. TO PROVIDE A SIGNAL WARRANT STUDY AT 183RD STREET AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub-Consultants providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within 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, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (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 payment 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. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of Paragraph 9 A (i) and A (ii) shall be applicable hereunder. 4 C0708-060 KEITH & SCHNARS. P.A. TO PROVlDE A SIGNAL WARRANT STUDY AT 183RD STREET AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 I 13 Fax 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. 10. ARBITRA TION. 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. 11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any 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 person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information 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 from violating such proVISIOns. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305)-792-1701 Sunny Isles Beach, Fl 33160 Tel: (305)-792-1702 5 C0708-060 KEITH & SCIINARS. P,A. TO PROVIDE A SIGNAL WARRANT STUDY AT J83RD STREET AGREEMENT I City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the Consultant: Eric Penfield, Regional Transportation Michael L. Davis, Planning Manager Vice President KEITH & SCHNARS, P.A. KEITH & SCHNARS, P.A. 6500 North Andrews A venue 6500 North Andrews A venue Fort Lauderdale, Florida 33309 Fort Lauderdale, Florida Tel: (954) 776-1616 33309 Fax (954) 771-7690 Tel: (954) 776-1616 Fax (954) 771-7690 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 14. 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. 15. 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 I 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 Executive 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. 16. 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 of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. 6 C0708-060 KEITH & SCIINARS. P.A. TO PROVIDE A SIGNAL WARRANT STUDY AT 183RO STREET AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. The Consultant guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 18. 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. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Consultant may be legally liable. The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. The Consultant hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration from the City in exchange for giving the City the indemnification provided herein. 20. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 7 C0708-060 KEITH & SCHNARS. P.A. TO PROVIDE A SIGNAL WARRANT STUDY AT 183RD STREET AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 21. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon ten days (10) days written notice to Consultant. 22. MISCELLANEOUS: A. In the event any provIsion of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. F. Under no circumstances shall the Consultant be entitled to incidental, punitive, indirect or consequential damages, including but not limited to lost revenue or lost profits, as a result of termination of its Services under this Agreement. (The remainder of this page has been intentionally left blank.) 8 C0708-060 KErn 1& SCHNARS. P.A. TO PROVIDE A SIGNAL WARRANT STUDY AT 183RD STREET AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: KEITH & SCHNARS, P.A. j1~(,~ lit{ !L .'\. f2. (j. lJ ICUI a "-J\j rd I BY~~~~ l'VIichael Davis, Vice President -- WITNESSES: ~ t-~- ~- .;JolfN KR,q,..>e, !>rR.fC7a(> oP 7JUW..sf'oft.T""""'.,v PL,,(V,.J'N~ CITY OF SUNNY ISLES BEACH ATTEST: BY:~ A-~ Jan~ A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY B 9 C0708-060 KEITH & SCHNARS. P.A. TO PROVIDE A SIGNAL WARRANT STUDY AT 183RO STREET AGREEMENT -\.....--" ~------3. ' =: 1/. ~:; KEITH and SCHNARS, P.A. ::: ::::",~ "i ENGINEERS, PLANNERS, SURVEYORS ------' -- ~1 .:!.. Cfi'C. ~.r,~/d (S"'{\ '82~ (t;z.s- ~~,I qJ "'c.1l "IS SUPPLEMENT/AMENDMENT TO SERVICE AGREEMENTS 1. PROJECT NAME: 2a. PROJECT #: 17747.02.09006 2b. PROPOSAL #: General Engineering Services 3. START DATE: 4/01/2008 4. P.O. # END DATE: 8/01/2008 5a. CLIENT (Name, Street Address, City, State, Zip): 5c. CLIENT'S REPRESENTATIVE (Name, Title): City of Sunny Isles Beach John Szerlag, City Manager 18070 Collins Avenue Sunny Isles Beach, FL 33160 5d. TELEPHONE NUMBER: ( ) 305-792-1928 5b. CLIENT NUMBER: FAX #: (305) 947-5107 6a. CONSULTANT (Name, Street Address, City State, Zip): 6b. PROJECT MANAGER/LINE MANAGER: Eric Penfield/Eric Penfield KEITH and SCHNARS, P.A. 6500 NORTH ANDREWS A VENUE 6c. TELEPHONE NUMBER: (954) 776-1616 FORT LAUDERDALE, FL 33309.2132 FAX #: (954) 771.7690 X 7. THIS ITEM ONLY APPLIES TO AMENDMENTS/SUPPLEMENTS TO CONTRACT X A. THIS CHANGE IN INITIAL SCOPE OF WORK IS ISSUED PURSUANT TO: (John Szerlag). THE CHANGES SET FORTH IN ITEM 8a ARE MADE IN THE PROJECT # IN ITEM 2a. X B. THE ABOVE NUMBERED PROJECT is MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN PURSUANT TO THE AUTHORITY OF: John Szerlag X C. THIS ADDITIONAL SERVICE REQUEST IS ENTERED INTO PURSUANT TO AUTHORITY OF: X D. CLIENT IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE COPY TO THE CONSULTANT PRIOR TO COMMENCEMENT OF WORK. 8a. DESCRIPTION OF AMENDMENT/SUPPLEMENT: RK Shopping Center Signal Warrant Study (Task 9006) 8b. REASON FOR SUPPLEMENT/AMENDMENT: Client requested signal warrant study of intersection of Collins Avenue and RK shopping centerfTrump residential development driveways. See attached scope for additional details. Be. COMPENSATION REQUIRED BY CONSULTANT FOR COMPLIANCE WITH REQUESTED PROFESSIONAL SERVICES AS SET FORTH HEREiN: Estimated Reimbursable Expenses: $ Consultant's Time and Materials Fee (not to exceed) $25,500.00 9. Except as provided herein, all items, terms and conditions of the document referenced in item 2a, as heretofore changed, remains unchanged and in full force and effect. 10a. NAME AND TITLE OF CONSULTANT (Type or Print): 11a. NAME AND TITLE OF CLIENT'S REPRESENTATIVE Eric Penfield (Type or Print): Regional Transportation Planning Manager John Szerlag, City Manager 10b. DEPARTMENT VICE PRESIDENT: 10c. DATE SIGNED: 11b. CLlE~ESENTATIVE: 11c. DATE SIGNED: ~Z~a'b- ~tlj1' (lhV ~ 4P4o~ Signature of Person Authorized to Sign Signtre of Clie Uu lonzea 10 Sign r~ - Return to: Keith and Schnars, P.A.; Trails ortation Plannin De artment · Fax # 954 771.7690 · Form 9003-1 A p 9 P 6500 North Andrews Avenue, Ft. Lauderdale, F' ATTACHMENT -. A" AMENDMENT TO SCOPE OF SERVICES RK SHOPPING CENTER SIGNAL WARRANT STUDY K&S Project No.: 17747.02.9006 Section 1: TrafficfTransportation Engineering Services Task 9006: RK Shopping Center Signal Warrant Study Keith and Schnars will prepare a signal warrant study of the intersection of Collins Avenue and the driveway connections serving RK Village shopping center to the west and the Trump residential development to the east. The analysis will be conducted consistent with Chapter 4C of the Manual on Uniform Traffic Control Devices (MUTCD), 2003 edition. The eight warrants identified in the MUTCD 2003 will be thoroughly investigated, assuming that the driveway connection se!ving the shopping center that connects to 183rd Street is closed and the traffic utilizing this connection is re-assigned to the proposed signalized driveway accessing Collins Avenue. In addition, it is assumed that the Trump residential development is occupied, generating traffic volumes consistent with estimates published by the Institute of Transportation Engineers' Trip Generation manual, f7h Edition. Further, the elementary school currently under construction at 183rd Street and Atlantic Boulevard, west of the shopping center, is scheduled to be operational by August 2008. The anticipated traffic volumes and pedestrian volumes, as reported in the school's Traffic Impact Analysis report, will be utilized to assess if a traffic signal is warranted at the study location. This study will be conducted consistent with the methodology outlined in the MUTeD 2003 for each signal warrant, and in no way guarantees approval for signal control at the study location. Transportation Inventory The physical and operating characteristics of the existing roadway network within the project's study area will be inventoried. Data to be acquired within the study area will include the number and type of traffic lanes on the major roadway, intersection geometries, existing traffic volumes (to be collected) and other appropriate physical and operating characteristics. Review Recent Traffic Studies K&S will conduct a review of recent traffic impact studies prepared for the elementary school (School BB-1) and Trump residential development. In addition, a review of a previously prepared signal warrant analysis for this intersection, prepared on behalf of the Trump development, will be reviewed. The information gained from these studies will be used to aid in the development of traffic volumes that incorporate school and Trump residential development traffic volumes. These volumes will be assigned to the roadway network to estimate hourly traffic volumes along Collins Avenue, RK Village Shopping Center, and the Trump residential development. It is assumed that the Trump development and the school will function at full occupancy. Data Collection K&S will gather 12 consecutive hours of turning movement volumes on three consecutive weekdays (Tuesday, Wednesday, and Thursday) at the subject intersection, as well as at the driveway connection to 183rd Street that serves the shopping center. The magnitude of pedestrians walking across Collins Avenue will be collected for the same 12 hours on the three days. Finally, the size and frequency of gaps within the traffic stream on Collins Avenue north and south of the study intersection will be collected. This vehicular gap data will be collected for northbound flow, southbound flow, and a combined northbound-southbound flow to determine the adequacy of gaps as it relates to pedestrians' ability to safely cross Collins Avenue at this location. Crash Data Coordinating with city staff, K&S will gather and summarize recent crash data along Collins Avenue within 500 feet of the study intersection. Data will be focused upon crashes deemed correctible if signal control were implemented at the study location. .-. =Ir....~= KEITH and SCHNARS, P.A. ': ....ll.., = ENGINEERS, PLANNERS, SURVEYORS -- I Amendment to Scope of Services RK Shopping Center Signal Warrant Analysis (17747.02.9006) City of Sunny Isles Beach Page 2 of 4 Siqnal Warrant analysis An evaluation of the eight warrants as described in the MUTCD 2003 will be performed. These include an analysis of major and main street traffic hourly volumes for Warrants 1, 2, and 3. Pedestrian volumes will be analyzed in accordance with Warrant 4, and an analysis of school crossing pedestrian volumes will be performed based on projections of school children walking to the elementary school across Collins Avenue at this location for Warrant 5. An evaluation of Warrant 6 (Coordinated Signal System) will be performed, as well as a study of the recent crash history at this intersection, consistent with Warrant 7. This will include an estimate of the viability of alternatives, besides traffic signal control, to resolve any identified crash problem will be cursorily explored, consistent with the analysis requirements outlined in the MUTCD 2003. Finally, Warrant 8 (Roadway Network) will be evaluated. Report The analysis will be summarized and presented in a bound report. Up to three (3) copies of the signal warrant study report will be submitted to the City of Sunny Isles Beach for review. This study will be accompanied by the necessary graphics and tables to document the analysis. PLEASE NOTE THAT THERE IS NO GUARANTEE THA T THE PROPOSED ANAL YSIS WILL RESULT IN THE JUST/FICA TION FOR TRAFFIC SIGNAL CONTROL A T THIS INTERSECTION. CONSULTANT'S Time and Materials fee for Task 9006 (not to exceed) ................................................. $25,500.00 (This includes the direct expense of traffic and pedestrian data collection totaling $9,850.00 inclusive of the total fee.) .-. =I'-;~~= KEITH and SCHNARS, P.A. ;: ~~,:' ENGINEERS, PLANNERS, SURVEYORS - MEMORANDUM OF INSURANCE-- ARCHITECTS/ENGINEERS PROFESSIONAL AND POLLUTION INCIDENT LIABILITY ARCHITECTS/ENGINEERS PROFESSIONAL AND POLLUTION INCIDENT LIABILITY POLICY CONTINENTAL CASUALTY COMPANY (CNA) To: CITY OF SUNNY ISLEES BEACH 18070 COLLINS AVENUE SUNNY ISLES BEACH, FL33160 RE: APPROVAL OF SIGNAL WARRANT TRAFFIC STUDY AGREEMENT As set forth below, the named insured has in force, This memorandum is issued as a matter of on the date indicated, a policy of information only and confers no rights upon the Architects/Engineers Professional And Pollution holder. By its issuance, it does not alter, change, Incident Liability insurance issued by Continental modify or extend the provisions of said policy Casualty Company (CNA), with a limit of liability and does not waive any rights thereunder. of not less than the amount indicated. Name of Insured: KEITH AND SCHNARS, P.A. Address of Insured: Policy Period: 3/1/2008 TO 3/1/2009 6500 NORTH ANDREWS A VENUE FT. LAUDERDALE, FL 33309-2132 Policy Number: AEH 00 609 12 27 Limit Of Liability - Per Claim: $2,000,000.00 Limit of Liability - Annual Aggregate: $4,000,000.00 Cancellation Notice: In the event of cancellation of the above policy, the Company will endeavor to mail JL days written notice to the certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives. AMES & GOUGH INSURANCE/RISK MANAGEMENT, INC. .~.- '1 (~:}_-:; (.\...~.,-I--[~'._I_- ,," . ,.... " (,' :_ . I. ....~ r"t:::.. .-1.:..,- - "-___ ..../',.. #20507 Barbara A. Sable Julv 9. 2008 A CORD"A CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 7/9/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seitlin ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6700 North Andrews Avenue, Suite 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort Lauderdale FL 33309 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (954) 938-8788 (954) 938-8566 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: American Guarantee & Liability I 26247 Keith and SChnars, P. A. INSURER B: Travelers Property Cas Co Amer 25674 6500 North Andrews Avenue INSURER C: The Phoenix Insurance Company 25623 Ft. Lauderdale FL 33309 INSURER D' Seabright Insurance Company 15563 I INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~~~ ~~l(;~ POLICY NUMBER POLICY EFFECTIVE I Pg~ICY EXPIRATION LIMITS ~ERAL LIABILITY EACH OCCURRENCE $ 1 000 000 C ;""'''' '"'''' "^""~ P630193X5294PHX07 8/14/2007 8/14/2008 ~~~~~~J9E~~~~nce) $ 300,000 I CLAIMS MADE W OCCUR MED EXP (Anyone person) $ 5,000 X CONTRACTUAL LIAB. PERSONAL & ADV INJURY $ 1,000,000 X XCU, Broad Form PD GENERAL AGGREGATE $ 2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY n ~~g n LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT I $ B ~ ANY AUTO P810290K8594TIL-07 8/14/2007 8/14/2008 (Ea accident) 1,000,000 I-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I-- ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNE D AUTOS (Per accident) I PROPERTY DAMAGE $ (Per accident) I I RAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC I $ AUTO ONLY' I AGG I $ ~"'.""a~ ~""~ EACH OCCURRENCE I $ 5,000,000 A X OCCUR D CLAIMS MADE AUC508678703 8/14/2007 8/14/2008 AGGREGATE $ 5,000,000 PROD/CO-OPS AGG $ 5,000,000 R DEDUCTIBLE I $ I RETENTION $ $ D WORKERS COMPENSA TlON AND BB1070352 12/1/2007 12/1/2008 X I TVX~~T~J,~~ I IOJ~-i EMPLOYERS' LIABILITY i $ ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEd $ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT I $ 1,000,000 SPECIAL PROVISIONS below I OTHER I I I I I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: APPROVAL OF SIGNAL WARRANT TRAFFIC STUDY AGREEMENT. CERTIFICATE HOLDER AS CONTRACTOR IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION AS RESPECTS GENERAL AND AUTO LIABILITY AND WORKERS COMPENSATION IN FAVOR OF ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT. GENERAL LIABILITY IS PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED BY WRITTEN CONTRACT. ALL OF THE ABOVE IS SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS CERTIFICA TE HOLDER CANCELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TION City of Isles Beach DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITIEN Sunny NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL 18070 Collins Ave. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Sunny Isles Beach FL 33160 AUTHORIZED REPRESENTA TIVE ""v--e., tZJ2 I ACORD 25 (2001/08) @ACORDCORPORATION 1988 Page 1 of 7/9/2008 IMPORTANT If the certificate holder is an ADDiTIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION is WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Page 2 of ] ~ DESCRIPTION OF OPERATIONS SECTION CONT INUED DATE 7/9/2008 CERTIFICATE HOLDER: INSURED: City of Sunny Isles Beach Keith and Schnars, P. A. 18070 Collins Ave. 6500 North Andrews Avenue Ft. Lauderdale FL 33309 Sunny Isles Beach FL 33160 DESCRIPTION OF OPERA TIONS CONTINUED: OF THE POLICY. . DOC (10/2003) City of Sunny Isles Beach 18070 Collins A venue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Com FROM: A. John Szerlag, City Mana DATE: May 15, 2008 RE: Ratification of RK Shopping Center Signal Warrant Study RECOMMENDA TION It is recommended that the City Commission consider the attached resolution ratifying a Traffic Signal Warrant Study Agreement with Keith & Schnars, P.A. REASONS On April 16, 2008, the City Commission held a Special City Commission Meeting with Mr. Gus Pego of the Florida Department of Transportation to discuss the need for a traffic light at the intersection of Collins Avenue and the driveway connections serving the R.K. Village Shopping Center to the west and the Trump Residential Development to the east. As requested, I instructed Mr. Eric Penfield of Keith & Schnars, P.A. to proceed with a traffic signal warrant study on an expedited basis for this location. This study, along with its associated traffic engineering protocols, is needed to assist the Florida Department of Transportation to make a determination on this matter. The specific scope of work for this warrant study is attached, and the cost is on a time and materials basis not to exceed Twenty-Five Thousand Five Hundred Dollars ($25,500.00), and funds are budgeted in Account Number 20-600-53 I 3. ADDITIONAL INFORMATION On December 13, 2007, the City Commission adopted Resolution No. 2007-1188, which qualified Keith & Schnars, P.A. as one of the firms to provide on-call engineering services to the City for the 2007/2008 fiscal year. Additionally, the City Commission adopted Resolution 2007-1187, which provided the City Manager with the authority to spend up to $20,000.00 per project, based on proposals from the list of qualified preapproved consultants, but required Commission approval for any projects over $20,000.00. As such, this Agreement is before you for ratification. AJS/iw/pw cc: Eric Penfield, Keith & Schnars, P.A. Date \o~ S-IS,o<l Commission - Ratification Of RK Shopping Center Signal Warrant Study Memo2 Agenda Item 305.947.0606 www.sibfl.net - - - City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk . .. .. ~v" ,.(('~~ ~~l_ Jii;;t -s: )'... F LO'il- Co:> <" (' ,,<:J IT.,. OF sut-l " June 24, 2008 Michael Davis, Vice President Keith & Schnars, P.A. 6500 North Andrews A venue Ft. Lauderdale, FL 33309 Re: Approval of Signal Warrant Traffic Study Agreement Dear Mr. Davis: At its regular meeting of May 15,2008, the City Commission adopted Resolution No. 2008-1266, which approved the above-referenced agreement with Marlin Engineering. Enclosed are two (2) originals for witnessing and execution by your firm. Upon completion, please return the originals and any and all insurances and/or bonds required by said Agreement to me. A fully-executed original Agreement and a copy of the approving resolution will be mailed to you once processing has been completed. Thank you. ~~ Priscilla Walker, CMC Deputy City Clerk Enclosures Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Keith & Schnars Signal Warrant Study For Sig Ltr City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk July 21,2008 Michael Davis, Vice President Keith & Schnars, P.A. 6500 North Andrews Avenue Ft. Lauderdale, FL 33309 Re: Approval of Signal Warrant Traffic Study Agreement Dear Mr. Davis: At its regular meeting of May 15,2008, the City Commission adopted Resolution No. 2008-1266, which approved the above-referenced agreement with Marlin Engineering. Enclosed are a fully-executed original agreement and a copy of the approving legislation for your files. Thank you. ~rulY ~ours, ~~a.W~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Rick Conner, Public Works and Engineering Director (via e-mail) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Keith & Schnars Signal Warrant Study Executed Ltr