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:
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGI
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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
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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.
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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.
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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.
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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:
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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.
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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.
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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
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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.
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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.
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"
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
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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.
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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:
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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
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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
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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
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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.
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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.
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Corradino would facilitate the meetings (given concurrence by the Study Steering Committee). and
prepare all graphics and information materials required for the meetings.
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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.
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Task 4: Ana'vsis of Kev Issues
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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.
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THE CORRADINO GROUP
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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
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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
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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
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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
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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
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