HomeMy WebLinkAbout2001-24641 RESO
RESOLUTION NO.
2001-24641
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5nTHS VOTE, THE COMPETITIVE
BIDDING REQUIREMENT FOR MINOR CONSTRUCTION SERVICES, AND
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATION AND
EXECUTE AN AGREEMENT WITH CARR SMITH CORRADINO, INC., IN AN
AMOUNT NOT TO EXCEED $56,000; THE AGREEMENT BEING FOR THE
PREPARATION OF MOVEMENT OF TRAFFIC PLANS AND IMPLEMENTATION
OF INTERSECTION IMPROVEMENTS ON 41sT STREET AT INDIAN CREEK
DRIVE (THE PROJECT), UTILIZING FUNDS PREVIOUSLY APPROPRIATED
FOR THE PURPOSE BY RESOLUTION NO. 2001-24595, DATED SEPTEMBER
20,2001; CARR SMITH CORRADINO BEING ON THE CITY'S ROTATIONAL
LIST OF CONSULTANTS; AND THE WAIVER BEING IN THE BEST INTEREST
OF THE CITY, BY ENSURING THAT THE PROJECT CONSTRUCTION
SERVICES ARE COMPLETED PRIOR TO THE FEBRUARY 2002 MIAMI BEACH
BOAT SHOW.
WHEREAS, the Miami Beach Municipal Mobility Plan (MMP) recommended that
intersection improvements be made at 41 st Street and Indian Creek Drive to implement
protected, dual left turn movements for northbound Indian Creek traffic (the Project); and
WHEREAS, the Project was heard and endorsed respectively by Middle Beach
residents at an advertised public meeting held on August 23, 2000, the City's
Transportation and Parking Committee meeting on September 11, 2000, and by City
Resolution No, 2000-24093, dated September 27, 2000; and
WHEREAS, the City requested and obtained approval from the Florida Department of
Transportation (FOOT), which has also prepared the necessary implementation plans for
the Project; and
WHEREAS, City Resolution No, 2001-24595, dated September 20, 2001, appropriated
$56,000 in Concurrency Mitigation funds for the implementation of the Project; and
WHEREAS, the Project must be completed and operating prior to the February 2002
Miami Beach Boat Show, thereby avoiding continuance of the unsafe and hazardous
conditions at the intersection, for both pedestrians and motorists; and
WHEREAS, inasmuch as the bidding process would take 90 days, while the
construction work would take 120 days to complete, waiver of the competitive bidding
process is in the best interest of the City, in order to ensure Project completion prior to the
February 2002 Miami Beach Boat Show; and
WHEREAS, after a thorough review of all vendors on the City-adopted rotational list of
consulting firms/civil engineering category, it was determined that Carr Smith Corradino,
Inc" had a proven performance record and was the best qualified firm for accomplishing
this specific Project; and
WHEREAS, the Administration recommends that the bid requirement be waived for the
construction portion of this Project, and that a contract be awarded to Carr Smith
Corradino, Inc., as allowed by Resolution No, 2001-24417, dated June 6, 2001; and
WHEREAS, the Project implementation services will include obtaining required permits;
revising the movement of traffic plans prepared by FOOT, as needed; construction and
pavement marking; construction administration and inspections; and coordination between
FOOT and City.
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
waive, by 517ths vote, the competitive bidding requirement for minor construction services,
and authorize the Administration to enter into negotiation and execute an Agreement with
Carr Smith Corradino, Inc" in an amount not to exceed $56,000; the Agreement being for
the preparation of movement of traffic plans, and implementation of intersection
improvements on 41 5t Street at Indian Creek Drive (the Project), utilizing funds previously
appropriated for the purpose by Resolution No. 2001-24595, dated September 20, 2001;
Carr Smith Corradino being on the City's rotational list of consultants; and the waiver being
in the best interest of the City, by ensuring that the Project construction services are
completed prior to the February 2002 Miami Beach Boat Show.
PASSED AND APPROVED this the 17th day of
October
,2001.
P)
MAYOR
ATTEST:
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CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami.beach.fl.us
To:
From:
COMMISSION MEMORANDUM
Mayor Neisen O. Kasdin and
~o:~::s :::::I:~ty CO~iSSiO/
City Manager 0 V'b
Date: October 17, 2001
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, WAIVING, BY 5nTHS VOTE, THE
COMPETITIVE BIDDING REQUIREMENT; UTILIZING A FIRM ON THE
CITY'S ROTATING LIST; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATION AND EXECUTE AN AGREEMENT WITH
CARR SMITH CORRADINO, INC., IN AN AMOUNT NOT TO EXCEED
$56,000; THE AGREEMENT BEING FOR THE PREPARATION OF
MOVEMENT OF TRAFFIC PLANS AND IMPLEMENTATION OF
INTERSECTION IMPROVEMENTS ON 41sT STREET AT INDIAN CREEK
DRIVE, UTILIZING FUNDS PREVIOUSLY APPROPRIATED FOR THE
PURPOSE BY RESOLUTION NO. 2001-24595, DATED SEPTEMBER 20,
2001; SUCH WAIVER BEING IN THE BEST INTEREST OF THE CITY, BY
ENSURING THAT THE IMPROVEMENTS TO THE INTERSECTION ARE
IN PLACE, PRIOR TO THE 2002 MIAMI BEACH BOAT SHOW.
ADMINISTRATION RECOMMENDATION
Subject:
Adopt the Resolution.
ANALYSIS
The intersection of 41 sl Street with Indian Creek Drive presently features only one
designated lane on 41 st Street for northbound turns onto Indian Creek Drive. Particularly
during the P.M. peak hour, when a long line of queued vehicles form and wait in the
designated lane for the protected left-turn arrow, other vehicles use the through center lane
to complete an illegal left-turn movement. This does create a hazardous and unsafe
condition at the intersection.
For years, area activists, hotel and business owners, and the City's Transportation and
Parking Committee (TPC) have requested that the 41 st Street pavement be restriped at
the intersection to allow dual left-turn movement onto northbound Indian Creek Drive.
Their suggestion was later reinforced by a recommendation in the City-adopted Municipal
Mobility Plan (MMP), which also called for improved split-phase signalization to facilitate
shared use (northbound left-turn and/or straight ahead) of the second lane.
AGENDA ITEM
DATE
C75
/0-;7-01
October 17, 2001
Commission Memorandum
Operational Improvements to 41st Street at Indian Creek Drive
Page 2
The proposed 41 st Street/Indian Creek Project was introduced to and endorsed by the
Middle Beach community at an advertised public meeting held at the Colonial Bank
Building on August 23, 2000. It was also endorsed by both the (TPC), on September 11,
2000, and by Commission Resolution No. 2000-24093, dated September 27, 2000,
Subsequently, the City requested and obtained approval from the Florida Oepartment of
Transportation (FOOT), which has prepared the implementation plans for the Project.
It is in the best interest of the City to have this much needed traffic safety/circulation
improvement in place prior to the Miami Beach Boat Show. After a thorough review by the
Administration of all vendors from the AlE rotational list, it was determined that Carr Smith
Corradino, Inc., was best qualified with a proven performance record, for accomplishing
this specific project. Therefore, the Administration recommendation that the bid
requirement be waived for this minor construction project, and that a contract be awarded
to Carr Smith Corradino, Inc., a qualified vendor in the City's rotating list, under the Civil
Engineering category, per Resolution No, 2001-24417, dated June 6, 2001, The
consultant/contractor services involved herein, are as follows:
1. Obtain all County and FOOT-required permits;
2. Revise the current Movement of Traffic plan (MOT) prepared by FOOT, as needed,
3. Perform construction services (by their City-approved sub-contractor), such as:
D Mobilization
D Roadway striping of the intersection to allow dual left-turn movements from
eastbound 4151 Street onto northbound Indian Creek Orive
D Installation of improved signalization for shared movement from the second lane.
4. Perform construction administration services during the construction period,
5, Construction inspection services during the placement of the MOT items, pavement
marking, and during the County inspections for a total of five working days.
6. Coordination between FOOT and the City.
7. The proposed construction timeline for the Project is 120 days.
The Project will be funded at $56,000 by the Concurrency Mitigation Program, as
appropriated for the purpose by Resolution No. 2001-24595, dated September 20, 2001.
Once in place, this will become the fourth MMP-recommended intersection improvement
to be implemented in Miami Beach since November 1999.
The Administration recommends approval of the Resolution so that the improvements to
this busy Middle Beach intersection can be implemented prior to the 2002 Miami Beach
BO~LShOW.
JG/JfA~GUl/AtL
Attachment: Resolution No. 2001-24595, dated September 20, 2001, appropriating $65,000 for this Project
Resolution No. 2001-24417, dated June 6, 2001, City's Rotating LisVCarr Smith Corradino
F:\WORK\$TRAIAMELlA\FD0T\41 STCORR.agree.doc
CITY OF MIAMI BEACH
MEMORANDUM
TO: Amelia Johnson
FROM: Robert Parcher ~ ty;J f3F
DATE: October 18,2001
SUBJECT: Agreements
Enclosed are three agreements with Carr Smith Corrandino, Inc., for the signatures
of the appropriate officials.
After obtaining the applicable signatures, please return the documents to the City
Clerk's Office, to the attention of Mercy Williams. Subsequently, fully executed copy
will be forwarded to you for your files in addition to a copy of the resolution
authorizing said agreements (Resolution No. 2000-24641, 10/17/01, C-7-S).
Thank you.
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AGREEMENT/CONTRACT
BETWEEN
THE CITY OF MIAMI BEACH
AND
CARR SMITH CORRADINO, INC.
TO PROVIDE CONSULTING, CONSTRUCTION AND INSPECTION SERVICES
FOR INTERSECTION IMPROVEMENTS AT
41sT STREET AND INDIAN CREEK DRIVE
THIS AGREEMENT made and entered into this day of
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 CARR SMITH CORRADINO, INC. (hereinafter referred to as Consultant), a
Florida corporation which address is 4055 N.W. 97th Avenue, Miami, Florida 33178.
SECTION 1
DEFINITIONS
Agreement:
This written Agreement/Contract between the City and Consultant.
City Manager:
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.
Project:
Construction and construction inspection services for Intersection
Improvements at 41st Street and Indian Creek Drive.
Fixed Fee:
Fixed amount paid to the Consultant to cover the costs of the Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139, telephone number
(305) 673-7000, Ext. 6435, and fax number (305) 673-7023.
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SECTION 2
SCOPE OF WORK
The scope of work to be performed by Consultant is set forth in Exhibit "A," entitled
"Scope of Services" (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-Six Thousand and 00/100 Dollars ($56,000), for the Services set forth in
Exhibit "A" hereto.
3.2 METHOD OF PAYMENT
Payments shall be made within thirty (30) days of the date of invoice received by the
City.
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
Consultant shall exercise that degree of skill, care, efficiency and diligence normally
exercised by recognized professionals with respect to the performance of comparable
Services. 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 Government, ADA, EEO Regulations and Guidelines.
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 Division.
4.3 PROJECT MANAGEMENT
The Consultant shall appoint both a qualified individual 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.
2
4.4 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of four (4) months from the date of
execution of this Agreement by the parties hereto. Provided, however, that as to any
additional services requested by the City within such four (4)-month period, such services
may be completed beyond, if mutually agreed to in writing by the parties, prior to
commencement of same.
4.5 TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced 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 "A" hereto.
A reasonable extension of time shall be granted in the event the work of the Consultant
is delayed or prevented by the City or by any circumstances beyond the reasonable control of
the Consultant, including weather conditions or acts of God which render performance of the
Consultant's duties impracticable.
4.6 OWNERSHIP OF DOCUMENTS AND EOillPMENT
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 or the parties shall be approved in writing by the City.
Notwithstanding the foregoing, the City agrees that Consultant may use such non-confidential
documents/reports prepared pursuant to this Agreement for the exclusive purpose of
Consultant's promotional materials.
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
3
(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 REQUIREMENTS
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:
1. Professional General Liability in the amount of $1,000,000,00.
2. Commercial General Liability in the amount of $1,000,000.00.
3. Automobile Liability in the amount of $1,000,000.00.
4. Workers Compensation & Employers Liability, as required pursuant to Florida statute.
All policies are subject to the following provisions:
All insurance must be furnished by insurance companies authorized to do business in the
State of Florida and approved by the City's Risk Manager. The Citv must be named as an
additional insured. Original certificates of insurance for the above mentioned coverages, or
any other form of insurance as may be required by the City or the City designee, must be
submitted to the City's Risk Manager for approval prior to any work commencing. 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 their
consultants. Thirty (30) days written notice of cancellation or substantial modification in the
insurance coverage must be given to the City's Risk Manager by the Consultant and its
insurance company.
4
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 overage.
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 recei ved and approved, in writing, certificates of insurance showing that the
requirements of this Subsection (in its entirety) have been met and provided for,
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
5
sole cost and expense. Consultant shall be paid for any Services satisfactorily performed up
to the date of termination.
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 that 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 attorney's 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.
4.9.2 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 DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO
CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE
SEVEN (7) DAYS FOLLOWING RECEIPT OF 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, CONSULTANT SHALL BE PAID FOR ANY SERVICES
SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION.
4.9.3 Termination for Insolvencv
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 Noncompliance 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 ~f payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation,
6
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 4.9.2.
4.9.5 Changes and Additions
Changes and additions to the Agreement shall be directed by a written amendment signed by
the duly authorized representati ves of the City and Consultant. Said amendment shall provide
an equitable adjustment in the time of performance, and, if applicable, in compensation to
Consultant, a reallocation of the task budget and, if applicable, 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, 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.
7
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 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, or physical handicap.
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 Miami-Dade County
Conflict of Interest Ordinance (No. 72-82), 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.
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.
8
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 airmailed if addressed to an address
outside of the city of dispatch).
Until changed by
addressed as follows:
notice in writing, all such notices and communications shall be
TO CONSULTANT:
Carr Smith Corradino, Inc.
Gorky F. Charpentier, P.E.
Project Manager
4055 N.W. 97th Avenue
Miami, Florida 33178
(305) 594-0735
(305) 594-0755 - Fax
TO CITY:
City of Miami Beach
Joseph W. Johnson, III, Director
Transportation Concurrency Management Division
Project Coordinator
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
(305) 673-7000, Ext. 6185
(305) 604-2498 - Fax
htto://Joseoh Johnson@ci.miami-beach.fl.us
9
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 JURISDICTIONNENUE
This Agreement shall be enforceable in Miami-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 Miami-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. The
Services 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
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State
of Florida.
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.
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 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
10
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:
By:
City Clerk
City Manager
FOR CONSULT ANT:
CARR SMITH CORRADINO, INC.
ATTEST:
By:
Secretary
President
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Corporate Seal
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F:\ WORK\$TRA \AMELIA \ELECTWVE\41 slCorr.Agree.doc
11
27-0e-2001 16:24
FROM-THE CORRADINO GROUP
+3055940755
T-e03 P 002/002 F-947
THE CORRADINO GROUP
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ENGINEERS P(ANNERS ARCHITECTS CONSTRUCTORS
ARCH tiC. NO AAOO029S7
August 27,2001
EXHIBIT "A"
Joseph W, Johnson III. AlCP
Transportation / Concurrency Management Division
City of Miami Beach
1700 Convention Center Drive, 4'" Floor
Miami Beach, Florida 33139
Re: STATE ROAD No. AlA (INDIAN CREEK DRIYE) &
STATE ROAD No. 112 (41S1STREETI
FEE PROPOSAL
Dear Mr, Johnson:
I om pleased to submit the endosed Fee Proposal in Ihe omounl of $56,000.00 10 construct the
improvements shown on plans prepared by Progressive Design & Engineering ond Kimley.Horn
and Associates. for FDOT.
Corradino will implement FOOT plans providing Ihe required construction and inspection services
including:
1. ConstruCTion services performed by Signal
2. Obtaining 0 permit from Miomi-Dade County Public Works Deportment - Traffic Signals
and Signs Division and from Florida Deportment of T ransporlotion. In order to abtain the
permits Corradino will revise any comments on the current FOOT MOT plans.
3. ConstruCTion Adminisrrolion services during the consrruction period
4, Inspection during the placement of the MOT items, Povement Markings and during the
County inspections for a totc/ of 5 working days.
5. Coordination between FOOT and The City of Miami Beach,
Corrodino understands thot scope of the work ;s Povement Morkings and some signal
modifications and that we will receive the CADD files from the other consulTants. The fee proposal
does not include permit fees and/or redesign of the project due to design problems.
Sincerely,
TH~~OUP
G . Charpentier. P.
roject Manager
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C: Joseph CotrOd:n., Ed Pe,ez
J-,jMC\2001 0827Mb.l STFeePrClposol
4055 NW 97m AVENUE' MIAMI PLORIDA JJ 178
TEl. 3D5 594.0735 . FA)( 305.594.0755
WWWCORRADINO.COM
RESOLUTION NO, 2001-24595
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF $56,000 IN
CONCURRENCY MITIGATION (MIDDLE BEACH) FUNDS FOR THE
IMPLEMENTATION OF INTERSECTION IMPROVEMENTS ON 41ST STREET
AT INDIAN CREEK DRIVE; SUCH TRAFFIC OPERATION/SAFETY
IMPROVEMENTS BEING RECOMMENDED BY THE MUNICIPAL MOBILITY
PLAN (MMP) AS A PRIORITY PROJECT, WHICH HAS BEEN
DESIGNED/ENGINEERED FOR THE CITY BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AND FURTHER RESCINDING RESOLUTION NO. 2001-
24492, DATED JUNE 27, 2001, WHICH HAD AUTHORIZED THE
APPROPRIATION OF $24,000 FOR THE PROJECT.
WHEREAS, Ihe Miami Beach Municipal Mobility Plan (MMP) recommended that
intersection improvements be made at 41 st Street and Indian Creek Drive to implement
protected, dual left turn movements for northbound Indian Creek traffic (the Project); and
WHEREAS, the Project was heard and endorsed respectively by Middle Beach
residents at and advertised public meeting held on August 23, 2000, the City's
Transportation and Parking Committee meeting on September 11, 2000, and by City
Resolution No, 2000-24093, dated September 27,2000; and
WHEREAS, the City requested and obtained approval from the Florida Department of
Transportation (FOOT), which has also prepared the necessary implementation plans for
the Project; and
WHEREAS, Project implementation seNices will include obtaining required permits
from County and FOOT; revisions to the movement of traffic plans prepared by FOOT, as
needed; construction seNices by sub-contractor; actual construction administration and
inspection seNices during the placement of the MOT items, pavement marking, and during
the County inspections, for a total of five working days; and coordination between FOOT
and City; and
WHEREAS, Resolution No. 2000-24093, dated September 27, 2000, previously
appropriated insufficient funds to implement the Project, and needs to be rescinded; and
WHEREAS, more than sufficient Concurrency Mitigation-Middle Beach funds are
available for the purpose,
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
authorize the appropriation of $56,000 in Concurrency Mitigation (Middle Beach) funds for
the implementation of intersection improvements on 41 st Street at Indian Creek Drive;
such traffic operation/safety improvements being recommended by the Municipal Mobility
Plan (MMP) as a priority project, which has been designed/engineered for the City by the
Florida Department of Transportation; and further rescinding Resolution No. 2001-24492,
dated June 27, 2001, which had authorized the appropriation of $24,000 for the Project.
PASSED AND APPROVED this the 20th day of S~ptembet:'
.2001.
MAYOR'
ATTEST:
~( PtA-~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
\\CH2\VOL 1\WOAK\$TAAIAMELlA\FDOTIDual\\Jm41at.momo.doc
RESOLUTION NO. 2001-2"4417
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND CARR SMITH CORRADINO, INC. FOR
PROFESSIONAL CIVIL ENGINEERING SERVICES FOR CAPITAL
PROJECTS IN WmCH THE BASIC CONSTRUCTION COST DOES NOT
EXCEED $500,000 PER PROJECT, OR FOR STUDY ACTIVITIES FOR
WHICH THE FEE DOES NOT EXCEED $25,000; SAID AGREEMENT
HAVING A TWO (2) YEAR TERM, WITH THE OPTION TO EXTEND THE
TERM FOR TWO (2) ADDITIONAL ONE YEAR PERIODS, AT THE SOLE
DISCRETION OF THE CITY.
WHEREAS, the City of Miami Beach (City) issued a Request for Qualificacions-
(RFQ) No. 12-00101 for Professional Architectural or Engineering Services in Various
Professional Specialities on a Rotational Basis, for Capital Projects in which the Basic
Construction Cost does not Exceed $500,000 per Project, or for Study Activities for which the
Fee does not Exceed $25,000; and
WHEREAS, Carr Smith Corradino, Inc. (Consultant) submitted a proposal in
response to this Request for Qualifications (RFQ); and
WHEREAS, the proposal submitted by Consultant for Civil Engineering work was
reviewed and found responsive under the terms of the RFQ; and
WHEREAS, the City and the Consullant have agreed to enter into an Agreement
substantially similar to the attached Agreement draft which is recommended by lhe City
Manager and approved as to form by the City Attorney, said Agreement having a two (2) year
term, with the option to extend the term for two (2) additional one year periods at the
discretion of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and the City Clerk
are authorized to execute an Agreement with Carr Smith Corradino, Inc. for ProfessionaLCiviL .
Engineering Services for Capital Projects in Which the Basic Construction Cost Does Not
Exceed $500,000 per Project, or for Study Activities for which the Fee Does Not Exceed
$25,000; said Agreement having a two (2) year term, with the option to extend the term for
two (2) additional one year periods, at the election of the City,
PASSED and ADOPTED this~dayof June
JJ:~ PdA~
CITY CLERK
(FILENAME \. uw-\p ,
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VI ~ MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
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Author:
Date:
Normal
Receipt Requested
TO: MercediaWilliams, LiliamHatfield
Subject: Re: pending documents 20rn-2464~ 10/17/01 C7S
-----------------------------------~ssage Contents
MariaMartinez at C-H-PO
12/18/2001 09:17 AM
Liliam: Please scan this e-mail with the reaD and consider it completed.
Merci: Please remove from you pending list.
Thanks,
Maria
Forward Header
Re: pending documents 200-24641 10/17/01 C7S
AmeliaJohnson at C-H-PO
12/7/01 9:34 AM
Subject:
Author:
Date:
You are referring to Resolution NO. 2001-24641. I have just sent a
message to Bob saying that our Procurement Director, Gus Lopez,
informs that this new Agreement does not have to be executed because
the Consultant/Contractor services in question are already covered by
a Master Agreement signed by Carr Smith Corradino (Resolution No.
2001-24417, dated June 6, 2001) City-adopted Master Vendor List for
projects in which the basic construction cost does not exceed $500,000
per project,
The total cost of the consultant and construction project covered by
Reso. 2001-24641 is only $56,000.
Thanks! Amelia
Reply Separator
pending documents 200-24641 10/17/01 C7S
MariaMartinez at C-H-PO
12/07/2001 09:19 AM
Subject:
Author:
Date:
Hi Amelia: This is a follow up to Mr, Parcher's memo dated October
18, 2001 when we forwarded to you three agreements with Carr Smith
Corradino Inc.for signatures. We need to know the status of these
agreements in order to process this resolution.
We appreciate your help on this.
Thanks,
Maria