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2001-24294 RESO RESOLUTION NO. 2001-24294 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE ONLY RESPONSIVE PROPOSAL RECEIVED FOR THE PREPARATION OF A LONG RANGE PLAN FOR THE ELECTROW AVE SHUTTLE SERVICE, PURSUANT TO RFQ NO. 17-00/01; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, AS NEGOTIATED WITH THE CORRADINO GROUP, IN AN AMOUNT NOT TO EXCEED $50,000; AND UTILIZING $40,000 IN METROPOLITAN PLANNING ORGANIZATIONIMUNICIPAL GRANT PROGRAM FUNDS, MATCHED AT $10,000 BY CONCURRENCY MITIGA TIONFUNDS, PREVIOUSLY APPROPRIATED BY RESOLUTION NO. 2000-24155, DATED NOVEMBER 8, 2000. WHEREAS, pursuant to Resolution No. 2000-24155, dated November 8, 2000, the City issued Request for Qualifications (RFQ) No. 17-00/01, for the preparation of a Long Range Plan for the Electrowave Shuttle Service (the Plan); and WHEREAS, thirty nine (39) RFQ packets were picked-up and 512 notices mailed to prospective consultants, resulting in two responses, respectively, from Schimpeler Mirsonl American and The Corradino Group; and WHEREAS, a City-appointed Evaluation Committee met on February 5, 2001, evaluated the proposals received, and unanimously voted to recommend The Corradino Group to the City Manager, as the top-ranked consultant, pending a "non-responsive" confirmation by the City Attorney regarding one of the proposals; and WHEREAS, subsequently, the City Attorney confirmed that the Schimpeler Mirson/American proposal was non-responsive for failing to include a project cost table and a proposed work schedule, as specifically requested by RFQ Addendum No.1, dated February 21, 2001; and WHEREAS, at least a final draft of this Plan must be completed within sixty (60) days from the issuance of a 'Notice to Proceed,' so that its findings become an aid to policy decisions, when a budget is being formulated for the FY 2001-02 Electrowave operations; and WHEREAS, due to the above-mentioned time constraints, and subject to approval by the Mayor and City Commission, the City negotiated the attached Professional Services Agreement for the Plan, in an amount not to exceed $50,000; and WHEREAS, Resolution No. 2000-24155, dated November 8, 2000, appropriated $50,000 for the purposes of this Plan, being $40,000 in Metropolitan Planning Organization's Municipal Grant Program funds, and a $10,000 match provided by Concurrency Mitigation funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the only responsive proposal received for the preparation of a Long Range Plan for the Electrowave Shuttle Service, pursuant to RFQ NO. 17-00/01; authorize the Mayor and City Clerk to execute a Professional Services Agreement, as negotiated with the number one ranked firm, The Corradino Group, in an amount not to exceed $50,000; and utilizing $40,000 in Metropolitan Planning Organization/Municipal Grant Program funds, and a $10,000 match provided by Concurrency Mitigation funds, previously appropriated by Resolution No. 2000-24155, dated November 8, 2000. PASSED AND APPROVED this the 14th day of March , 2001. MAYO!~ ATTEST: _~d' P tt;t~ CITY CLERK APPROVED AS TO FORM & LANGUAGI & FOR EXECUT10N ;j "]- b -c) I ~- f,\WORX\5TRA\AMELlAaJlCTWVF.'I'.WlJU',MI!M CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miaml-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 1l(I-o/ Mayor Neisen O. Kasdin and Members ofthe City Commission Jorge M. Gonzalez \ ~ City Manager () . U DATE: March 14, 2001 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE ONLY RESPONSIVE PROPOSAL RECEIVED FOR THE PREPARATION OF A LONG RANGE PLAN FOR THE ELECTROW AVE SHUTTLE SERVICE, PURSUANT TO RFQ NO. 17-00/01; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, AS NEGOTIATED WITH THE CORRADINO GROUP, IN AN AMOUNT NOT TO EXCEED $50,000; AND UTILIZING $40,000 IN METROPOLITAN PLANNING ORGANIZATIONIMUNICIPAL GRANT PROGRAM FUNDS, MATCHED AT $10,000 BY CONCURRENCY MITIGA TIONFUNDS, PREVIOUSLY APPROPRIATED BY RESOLUTION NO. 2000-24155, DATED NOVEMBER 8, 2000. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS As authorized by the City Commission, on January 26, 2001 the City issued a Request for Qualifications (RFQ) No. 17-00101 for the preparation of a Long Range Plan for the Electrowave Shuttle Service. Although 39 RFQ packets were mailed and 512 notices faxed to prospective consultants, only two (2) responses were received on February 28, 2001, respectively from Schimpeler Mirson/ American, and The Corradino Group. A City-appointed Evaluation Committee met on March 5, 2001, and evaluated the proposals received. No presentations were required from the consulting firms. The following Committee members were in attendance: Transportation/Concurrency Management Director - Project Manager MPO Project Manager for Transit-Related Projects Exec. Director, Miami Beach Transportation Management Association and member of the City's Transportation and Parking Committee Fleet Management Director Transportation CoordinatorlElectrowave Financial Manager Joseph Johnson Wilson Fernandez Judy Evans Andrew Terpak Amelia Johnson e71( .3~/r-cr AGENDA ITEM DATE March 14,2001 Commission Memorandum Long Range Plan for E1ectrowave/ Agreement Page 2 After a thorough evaluation of the two proposals received, and pending a "non-responsive" confirmation by the City Attorney regarding the proposal by Schimpe1er Mirson/American, the Committee voted unanimously to recommend The Corradino Group as the first ranked firm, due to the following reasons: o The Corradino proposal clearly and specifically demonstrated the firm's understanding of the City goals and objectives for the Long Range Plan and the Electrowave Shuttle Service per se; o It included all the documentation requested in RFQ Addendum No.1, being a project cost table detailing how the $50,000 Plan funds will be utilized, and a proposed work schedule meeting the 60-day time frame for project completion. Subsequently, the City Attorney's Office confirmed that the Schimpe1er Mirson/ American proposal was non-responsive for the following: 1) failing to include a project cost table and a proposed work schedule, as specifically requested by RFQ Addendum No.1, dated February 21, 2001, and, consequently, 2) failing to acknowledge the $50,000 total project cost and its 60-day time frame. The pUl:pose of this project is to develop a seven-year plan for a potential expansion of the Electrowave Shuttle Service, containing capital and operating cost estimates, funding sources, facility needs, cost/benefit analysis, and the advantages/disadvantages of operating an independent local transit system. A plan which is inclusive, concise, realistic, and sufficient enough to facilitate City policy decisions regarding short and long-term funding strategies/recurring sources of funding, and the extent and intensity of services to be provided by the E1ectrowave. As an essential aid to policy decisions, at least the final draft of this Long Range Plan must be completed within 60 days of a 'notice to proceed' so that its findings are available when a budget is being formulated for the FY 2001-02 Electrowave Shuttle operations. FUNDING. Resolution No. 2000-24155, dated, November 8,2000, appropriated $50,000 for the purposes of this Long Range Plan, being $40,000 in Metropolitan Planning Organization's Municipal Grant Program funds, and a $10,000 match provided by Concurrency Mitigation funds. In order to meet the time constraints associated with this project, a consultant must be hired with no further delay. The Administration recommends approval of the Resolution. JG~~/AJ Ilf. Attachments F~WOIUCISTIlA\AMEl.J^~,1oII'.M A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE CORRADINO GROUP FOR THE PREPARATION OF A LONG RANGE PLAN FOR THE ELECTROW AVE SHUTTLE SERVICE THIS AGREEMENT made and entered into this I vft.. day of /lt111U!./f ,2001 by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and THE CORRADINO GROUP (hereinafter referred to as Consultant), whose address is 4055 NW 97th Avenue, Miami, Florida 33178. SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and Consultant. City Manager: "City Manager" means the Chief Administrative Officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement, as described in Section 2. Task: A discrete portion of the Scope of Services to be accomplished by the Consultant, as described in Section 2 below, if directed and authorized. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. Termination: Termination of Consultant Services, as provided in Subsection 4.9 of this Agreement. -1- SECTION 2 SCOPE OF WORK AND SERVICES REOUlRED The scope of work and services to be performed by the Consultant is set forth in Exhibit "A," entitled "Scope of Services." SECTION 3 COMPENSATION 3.1 FIXED FEE Consultant shall be compensated for the Services to be provided herein in an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000), for providing the Services as set forth in Exhibit "A" hereto. 3.2 METHOD OF PAYMENT Payments shall be made for all services satisfactorily performed within thirty (30) days of receipt of Consultant's invoice by the City. SECTION 4 GENERAL PROVISIONS With respect to the performance of the Services, Consultant shall do the following: 4.1 RESPONSIBILITY OF THE CONSULTANT 4.1.1 Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. 4.1.2 In its performance of the Services, Consultant shall comply with all applicable laws and ordinances, including but not limited to, applicable regulations of the City, County, State, Federal, ADA, EEO Regulations and Guidelines. -2- 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Department. 4.3 PROJECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period of sixty (60) days from the date of execution of this Agreement. Provided, however, that as to any additional services requested by the City within such sixty (60) day period, such services may be completed beyond such sixty (60) day period, as mutually agreed to in writing by the parties, prior to their commencement. 4.5 TIME OF COMPLETION The Services to be rendered by the Consultant shall commence upon receipt of a written Notice to Proceed from the City, subsequent to the execution of this Agreement, and Consultant shall adhere to the completion schedule as referenced by Exhibit "An hereto. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented from proceeding by any circumstances beyond the reasonable control of the Consultant, including weather conditions or acts of God which might render the performance of such Services impossible. 4.6 OWNERSHIP OF DOCUMENTS AND EOUlPMENT All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse by Consultant shall be approved in writing by the City. -3- ..' 4.7 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.8 INSURANCE REOUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Subsection has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of the work the following insurance: -4- 1. Professional General Liability in the amount of $1,000,000.00. A certified copy of the Consultant's (and any sub-consultants') Insurance Policy must be filed and approved by the City's Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required pursuant to Florida Statute. These certificates will be kept on file in the Office of the Risk Manager, 3rd Floor, City Hall. The Consultant is responsible for obtaining and submitting all insurance certificates for its sub-consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Subsection or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. 4.8.1 ENDORSEMENTS All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.8.2 CERTIFICATES Unless directed by the City otherwise, the Consultant shall not commence the Services until the City has received and approved, in writing, original certificates of insurance showing that the requirements of this Subsection (in its entirety) have been met and provided for. -5- 4.9 TERMINATION. SUSPENSION AND SANCTIONS 4.9.1 Termination for Cause If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its subcontractors shall be properly assembled and delivered to the City at the Consultant's sole cost and expense, and any funds paid or advanced to Consultant pursuant to Section 3 herein for services not performed up to the date of termination shall, at the City's option and sole discretion, be returned and/or otherwise repaid in their entirety to the City. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions which it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. -6- 4.9.2 Termination for Convenience of Citv THE CITY MAY, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE SERVICES THEN REMAINING TO BE PERFORMED AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONSULT ANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE SEVEN (7) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN EXHIBIT "A," SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONSULTANT'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, THE CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION. 4.9.3 Termination for Inso1vencv The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.9.2. 4.9.4 Sanctions for NoncomDliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services. In the event the City cancels or terminates the Services pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section -7- 4.9.5 Chanl!:es and Additions Changes and additions in the Services shall be directed by a written Amendment to the Agreement signed by the duly authorized representatives of the City and Consultant. Said Amendment may provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, changes to any provision of this Agreement which is affected by said Amendment. The City shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.10 AUDIT AND INSPECTIONS At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City and/or such representatives as the City may deem to act on its behalf, the right to audit, examine and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Consultant shall maintain any and all records necessary to document compliance with the provisions of this Agreement. 4.11 ACCESS TO RECORDS Consultant agrees to allow access during normal business hours to all financial records to the City and/or such authorized representatives as it may deem to act on its behalf, and agrees to provide such assistance as may be necessary to facilitate financial audit by the City or its representatives when deemed necessary to insure compliance with applicable accounting and financial standards. Consultant shall allow access during normal business hours to all other records, forms, files, and documents which have been generated in performance of this Agreement, to those personnel as may be designated by the City. 4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. -8- 4.13 SUB-CONSULTANTS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any other person or entity acting under the direction or controls of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. All sub-consultants must be approved in writing by the City prior to their engagement by Consultant. 4.14 EOUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, physical handicap, or sexual orientation. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.15 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance, as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. -9- " 4.16 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.17 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the City. The Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or air mailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: The Corradino Group Joseph Corradino, President 4055 NW 97th Avenue Miami Florida, 33178 (305) 594-0735 (305) 594-0755 - Fax TO CITY: City of Miami Beach Joseph W. Johnson, ill, Director Transportation Concurrency Management Division 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 (305) 673-7000, Ext. 6185 (305) 673-7028 - Fax -10- WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.18 LITIGATION JURISDlCTIONNENUE This Agreement, shall be governed by and construed according to the laws of the State of Florida. This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Dade County, Florida. 4.19 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. All Exhibits hereto and the Proposal Documents are hereby incorporated by reference into this Agreement. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City. 4.20 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000, less the amount of all funds actually paid by the City to Consultant pursuant to this Agreement. -11- Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000, which amount shall be reduced by the amount actually paid by the City to Consultant pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: ~} fcuduA By: IJJ1 By: City Clerk City Manager FOR CONSULTANT: THE CORRADINO GROUP ATTEST: "IS. ~a oe, By Corporate Seal f,\WOIlK\fTRA\AMELlA~WUU'.AOR APPROVED_TO FORM & LANGUAGI & FOR EXECUTION -12- ~ i , , , J , , , , >> >> . >> ) ) ) ) \ , \ \ \ \ ~_ ~~'!'e~e~~~s~v~ ~~~g.:~,:nJ~ .:!?~ !c:r _t~:. ~r~sr~o~!~:. ~~~~: ~e!~j::e.. _ _ E.XH IBIT '~, -------, 1. Technical Proposal The Corradino team has extensive experience in assisting communities and transit agencies. The team and its key staff have been responsible for long-range transit planning, transit surveys and analyses, fixed route system reconfigurations, paratransit service design and planning, transit system development, and financing and implementation programs. More importantly, Corradino has recent experience working with Miami Beach on a wide variety of projects, including the initial "South Beach Electric Shuttle Study", the Municipal Mobility Plan and its Implementation Study. the TCMA Study and the current Miami Beach Intermodal Feasibility Study. Equally important, the Corradino team includes the Center for Urban Transportation Research (CUTR), and PMG Associates (economic analysis). CUTR has a wide range of experience in addressing public transportation issues, has been involved in the development of transit circulators in the region, and recently completed a study assessing the potential for electric bus service countywide. PMG is an economic development firm that analyzes the economic feasibility of capital improvements. This work plan responds to the specific requirements of the Request for Qualifications as defined in the methodology section. Corradino's approach will be to use existing data to develop an accurate profile of the existing service; work closely with Electrowave and City staff to identify the vision, goals, and objectives for future service; and then to conduct detailed analysis to address the specific issues id.entified in the methodology requirements of the Request for Qualifications. The product of this work pian will be a Comprehensive Long-Range Plan for the next seven years for a potential citywide expansion of the Electrowave Shuttle Service. Corradino understands the objectives of this effort to be to develop a comprehensive long-range plan for the potential citywide expansion of Electrowave service, supporting a park-and-ride program and interfacing and complementing the existing MOTA services. In addition a timeline for additional services, equipment and facilities is needed. A seven-year capital program, operating budget, and funding source are needed as a method for facilitating City policies, strategies. decisions, and the identification of recurring local funding sources. SCOPE OF SERVICES Task 1: Exlstina Service This task will focus on presenting, in report format, a concise profile of the existing Electrowave Shuttle Service. The information will include data and maps depicting the route, schedule, frequencies, ridership, vehicles. costs, and funding sources. It is important to note that this information is readily available; much of it is currently in the possession of Corradino and only a small portion of the study budget wouid be dedicated to this task. In addition to existing Electrowave services, Corradino will provide existing and potentiai Miami-Dade Transit Agency (MOTA) bus services on Miami Beach and an overview of private services that could interface with the Electrowave. Corradino also has much of this information in-house THE CORRADINO GROUP 1-1 . I \ ~_ ~~~e~e~:~s~v: ~~'2~-~~n2: !~a~ !o.! _t~:. ~':c;,t~o~a::: ~~u_~:. ~e!~j:e_ _ _ -------, \ \ \ I \ I I I \ \ \ \ Once the existing conditions data base is assembled. Corradino will review the information with the Study Steering Committee and prepare a draft technical memorandum documenting this task. Task 2: Goals and Obiectives Corradino proposes to conduct a workshop with appropriate City staff. the Study Steering Committee. and the City's Transportation and Parking Committee to identify and document goals and objectives for the Electrowave Shuttle Service. The Corradino team will facilitate this workshop and. based on the input received. prepare a draft set of Goals and Objectives to guide the study and development of the Comprehensive Long-Range Plan for the Electrowave Shuttle Service. The draft goals and objectives would be presented to the public during a round of public meetings (held at several times and/or locations in Miami Beach) to introduce the study. the plan. its purpose. and to generate public input and involvement. Task 3: Public Involvement \ \ \ Given the short duration proposed for the project (60 days). the consultant proposes one round of public meetings to be held (in addition to agency/organization workshops identified in other sections of this work plan). A minimum of three meetings would be held (one for South. Middle. and North Beach) along with two additional at-large meetings for special groups. The meetings would be held in the fourth week of the study. Copies of the final draft of the report will be made available for review (after about the sixth week of the study) so the public has the opportunity to make comments. \ \ \ \ Working with City Staff and the Study Steering Committee. Corradino would identify the appropriate locations for the meetings, These would be advertised through posters through the media. City public information resources (T\!. website. etc.) and would be multilingual. \ Corradino would facilitate the meetings (given concurrence by the Study Steering Committee). and prepare all graphics and information materials required for the meetings. \ Corradino is adept at facilitating compressed time-frame publiC involvement initiatives. The firm has conducted similar efforts on a larger scale. For example Corradino's production of the Michioan Lone-Ranee Multimodal TransDortation Plan had a similar compressed time frame for stakeholder meetings, in each of the Michigan DOT districts. Often over the course of time up to four of these meetings were scheduled in various parts of the State on the same day. Corradino's project manager and project team, with the help of chartered air service, attended and facilitated each of these meetings, and brought to the MOOT. a successful project. on-time and within budget. It can be done. \ \ Task 4: Ana'vsis of Kev Issues \ This task will address the key issues identified in the Request for Qualifications. The analysis will be conducted in accordance with the order identified in the RFQ. Each subtask will be documented in a TeChnical Memorandum. There will be some overlap of the tasks. For example, the capital and operating funds needs of the program (sub tasks 2 and 3 in the methodology) will be dependent on the scope of the program as defined in later subtasks. The final Task Report will be a compendium of all the memoranda produced in this task. \ \ \ \ \ \ THE CORRADINO GROUP 1-2 , ., # . . f . . . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. . . . .. .. .. .. . ~_ ~~'!le':~:~~.: ~~'2g:~~J; .:~a~ !e:: !~';. ~l:c..r~;",..a;:,: ~~U!~';. ~e.:~s~_ .-----.'1 Subtask 4.1 : Economic Benefits This subtask will be important for determining the benefits that may be realized from the expansion of the Electrowave Shuttle Service. These will accrue in the areas of increasing accessibility to goods and services for tourists, improving accessibility to jobs for potential employees, and, as a result, stimuiate continued economic development. The consultant will review three similar high- tourist areas across the country to identify the interrelationship between land-use/transportation planning and continued economic development with the City of Miami Beach. These relationships are well accepted by transit and transportation planners, and well document in the 1995 MPO report entitled, '"Transit/land Use Relationship Report'", which will serve as a guide. Reduced traffic congestion and increased options for mobility benefit the livability and sustainability of the community. Subtask 4.2: Capital Needs Identification of the capital funding requirements to implement a citywide Electrowave Shuttle Service will be based on an assessment of the number of vehicles required as well as support . facilities, replacement vehicles, ete. Corradino will work with the Study Steering Committee and Electrowave staff to identify the probable number of new vehicles anticipated and then '"work backwards'" to identify additional needs. The result of this cost will be an annualized capital- funding requirement anticipated over the course of the seven-year plan. Corradino will also contact the Electric Vehicle Institute and FPl for technical advice. In addition other electric vehicle communities will be consulted. Communities such as Chattanooga and Santa Barbara, have larger electric fieets and may be helpfull in assessing needs. Subtask 4.3: Operating Needs This subtask will focus on the operating needs of the expanded Electrowave shuttle service as well as the benefit associated with establishing a recurring, local source for operating funding. Corradino will work with the Study Steering Committee and Electrowave staff to identify the probable operating requirements associated with operating the additional services and also the additional expenses associated with the introduction of Union labor into the transportation program. The result of this cost will be an annualized operating funding requirement anticipated over the course of the seven-year plan. The issue of the benefit of establishing a recurring local funding source will be reviewed with City staff and the Study Steering Committee. Currently, the Electrowave Shuttle Service is funded through a variety of sources including the 1999-00 M.B. Parking Enterprise Retained Earnings, Congestion Mitigation/Air Ouality Funds (CMAO), the Florida Department ofTransportation (FOOT) and others. CMAO funds will expire in the near future and be unavailable in South Florida. Other state sources of potential operating assistance will be assessed such as Urban Transportation Corridor and Service Development programs, and the possibility of realizing revenues from a countywide local option gas tax. In addition, opportunities for establishing a local funding source will be identified. These can include resident or property taxes, tourist taxes, a tax increment financing district, a special assessment district and other potential sources that might be used in other communities in the state. THE CORRADINO GROUP 1-3 . ., . j i . . it it . . . .. it it it . ~ .. II II it .. . ~ ~ II .. I) ~ ~ ~ ~ ~ .. .. ~ ~ ~ ~ ~ ~ ~ ~ to. ~_ ~~'!'e~e~:~s~v: ~~~g:~,:n2: !~~ !'?r .t~~ ~':~~o~..a~: ~~l!.~~ ~e!~i:e.. __ ....-----, Subtask 4.4: Expanded Service Action Plan The Miami Beach Municipal Mobility Plan and the City's comprehensive plan call for a"TCMN Urban Transit Village", a concept which Corradino helped develop and implement. This has been accepted by the State and approved by the City. This analysis will be targeted to the existing services in the South Beach area. Public transportation with available high frequencies (i.e., short headway's) to many locations is considered a critical component of the village concept. Examining the existing and potential future routing, the consultant will identify the resources needed to expand the service. Using a spreadsheet presentation in an Excel database, Corradino will provide a table that clearly shows the costs. potential ridership, and types of service (i.e., peak vehicles, operating headway's. etc.) associated with an expanded service. Subtask 4.5 Middle Beach/North Beach Extension A second area of expansion will be the Middle Beach and North Beach districts. This expansion scenario may include extension of existing routes and services and/or creating new routes and . services. Using a spreadsheet presentation in an Excel database. Corradino will provide a table that clearly shows the costs, potential ridership, and types of service (i.e., peak vehicles, operating headway's, etc.) associated with an expanded service. Subtask 4.6 Capital and Operattng Costs/Needs The above service expansion scenarios will be evaluated based on the reasonability of the proposed operating cost and the ridership attracted (based on comparison with existing MOTA service or with the current Electrowave service for South Beach expansion). A map with the proposed new routing will be developed in a Geographic Information System (GIS) format. Very important in subtasks 4.4, 4.5, 4.6 will be identifying the interface between the proposed Electrowave Shuttle Service expansion and MOTA and other types of services. A workshop with MOTA and other transportation providers on Miami Beach will be facilitated by Corradino to identify the appropriate interface. Subtask 4.7: Satellite Charging/Storage Stations This subtask would be interrelated with the capital and operating components of the prior tasks, however a separate analysis of the requirements of the expansion is warranted and previously analyzed by Corradino as part of the Intermodal Feasibility Study. Recommendations in this study called for maintenance and storage facilities to house up to 22 Electrowave buses, and support facilities, including passanger areas, dispatch facilities, battery changing area, battery storage areas, in addition to light maintenance and fueling locations. Corradino will revisit these requirements and confirm them. Corradino will identify the number of additional locations required, in terms of satallite or intercept facilities, the types of locations that would be available, and the operational! dispatching requirements associated with interaction between the satellite facilities the current Electrowave main facility and the proposed Intermodal Facility. THE CORRADINO GROUP 1-4 . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . , , , , ~ .. , ~ ~ ~ . ~_ ~~~e~~:r;>~: ~~~g.:~a..n2: !'~~ !o.! !~:. ~I:~r:.o~_a~:. ~~u_tt~:. ~e!~~e_ _ _ - - - - - - - , Subtask 4.8: Funding Strategies Establishing a funding stream to support Electrowave Shuttle Service operations in the future, including the proposed expansion, is critical. Using the information deveioped in Subtasks 4.2 and 4.3. Corradino will develop a memorandum that specifically defines a long-term strategy and policy for securing capital and operating funds from State, Federal. County, and other grant sources. This draft strategy will be presented to a workshop of City Staff, FOOT. and MOTA representatives once it has been approved by the Study Steering Committee. Subtask 4.9: MDTA Considerations As noted earlier in this scope of services, interface with MOTA is very important. An expanded shuttle service can allow MOTA to withdraw (or turn over) some of its local service and focus more on regional opportunities and connections, including other modes. Corradino will work with the Study Steering Committee and MOTA to identify routes and services that may be converted to the Electrowave Shuttle Service. This analysis will include issues such as the process and duration for the City to receive funds dedicated to MOTA services (such as Route W), union implications. and also the impacts on MOTA. Route W is a route of long standing in the MOTA system that is picked by those operators with th highest seniority, which means it is a route MOTA union drivers find desirabie and would be reluctant to see "farmed out", Provision J J 0 of barganing agreement between the county and the Transit Workers Union (TWU) provides that any time the county wishes to contract out a current service it must provide the TWU with th opportunity to present a more competitive proposal. It is possible that in the 13c Federal labor law Provisions there may be items that would have an impact on the issue. This needs to be addressed. The County has shown no interest in turning over savings it might realize by discontinuing this route to Miami Beach as a source of Electrowave funding. There may be potrnetiallabor issues involved as well. Subtask 4.10: Union Issues Miami Beach is not required to create a unionized workforce of bus operators if it decides to conduct the service with its own employees, but there is high likelihood that a union would be organized by labor interests through a vote of the employees. Through reasearching other communities' experience and working with City Staff. Corradino will identify the possible scenarios that would result in a union forming and what that will mean in terms of administrative requirements by the city and the potential impact on the shuttle operating budget based on union requirements. Subtasks 4.11/4.12: Cost-Benefit of In-house Operatlonl Contracting Vehicle Maintenance Currently, the Electrowave service operation is contracted out while vehicle maintenance is handled by the City's Fleet Management Division this subtask will/ook at the impact to the City if it were to operate the service itself. Such an operation would have many budgetary and operational impacts. The consultant will develop an analysis that contrasts the two scenarios and looks at all required areas: supervision, dispatching, maintenance, operations, administration, etc. Costs and benefits will be identified and an assessment of the impact to the City identified of moving to in- house operation. THE CORRADINO GROUP '.5 .. . ., . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . ~. ~~'!le~e~:~s~v; ~~~~-~:n2; .:~~ !<:'" .t~: ~'~:,t~o~!~: ~~u_~: ~e!,::i:e.. _ _ .. .. .. .. .. .. .. "I Subtask 4.13: Additional Operational Costs to the City Using the analysis conducted in Tasks 4.2 and 4.6, Corradino will present, in summary format, the capital and operating costs that will be incurred by the City as new routes are added to the service. This information will be annualized according to a reasonable timeframe for implementation of new services as agreed-upon by the consultant and the Study Steering Committee. Task 5 Final ReDort Corradino will prepare Draft and Final Reports documenting all phases of the Comprehensive long- Range Plan for the Electrowave Shuttle Service. The report will include documentation of all the tasks identified in the RFO Methodology (presented herein as subtasks). The report will contain a detailed timeline for the completion of the various seven-year long-Range Plan tasks, including a table of project implementation costs for each item. The draft final report will be presented to the Study Steering Committee after the sixth week of the project. The final report will be submitted within one week of receipt of comments from City Staff and the Study Steering Committee. THE CORRADINO GROUP 1-6 "It .. .. .. .. .. . .. .. .- tit .. . .. . . . . . . . . . . . . . . . . . . . .. .. .. , . , , , , , ~_ ~~'!1e~e~:r;;~v~ ~~~g:~"!.n2~ !'~~ !'?! _~~ ~I:~~o~a;,: ~~u_tt2~ ~e_r:i:e.. _ _ - - - - - - - , 2. Price Proposal The Corradino Group proposes to provide the services listed herein for a lump sum of S50.000. The following is a project cost table. which details tasks with their respective costs. Task 1 Task 2 Task 3 Task 4 Task 5 Existing Service Goals and Objectives PUblic Involvement Analysis ot Key Issues Final Report/Implantation Schedule $1,500 $3,000 510,000 533,000 $2.500 550,000 SCHEDULE The following 60-day schedule for the project is anticipated. Because of the proposed short duration of the study, it will be important that all deadlines in the schedule are met. Corradino has conducted similar projects on very short time frames and has a record with the City of Miami Beach of on-time performance. Corradino feels that this time frame is realistic, but very tight and leaves little room for delay. Constant communication between CorradIno and the Project Manager several times each week will be necessary to keep to the schedule. WEEI( 1 2 3 4 5 6 7 8 KICK.OFF MEETING I EXISTING CONDmONS GOALS/OBJECTIVES MDTA WORKSHOP Co) PUBLIC INVOLVEMENT MEETINGS TASK 4 - DRAFT TECHNiCAl MEMO SUBTASKS 1-13 FUNDING WORKSHOP Co) DRAFT FINAL REPORT I!":'l FINAL REPORT ~ CJ Meetings with Community and Cily ~ ReportDeadllnes THE CORRADINO GROUP 2-1 , , .c y rc CII m 'E rc - :e ... o ~ v .. .. ra .c u - ra C o .- .. ra N .- C ra en .. o .... ~~ g,;r. - go" ~ ~.9 ~ OVl -; i u-; ~ ~ :!~- ~" h:! ~.:J e; <: 'c)C .g ~~ ~i ~ 0_ =. u, fa: ~u '" ~ o ~ .. 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