Loading...
2008-26823 ResoRESOLUTION NO. 2008-26823 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE CITY MANAGER, CERTIFYING A VALID PUBLIC EMERGENCY, AND WAIVING THE REQUIREMENTS OF SECTION 287.055, FLORIDA STATUTES ("CONSULTANTS' COMPETITIVE NEGOTIATION ACT") FOR THE ACQUISITION OF THE NECESSARY PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES (THE "A/E SERVICES") TO RESTORE THE WASHINGTON AVENUE BRIDGE'S STRUCTURAL INTEGRITY (WHICH IS CURRENTLY CLOSED DUE TO STRUCTURAL DEFICIENCY); FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO NEGOTIATE AN AGREEMENT FOR THE AFORESTATED A/E SERVICES WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS), IN AN AMOUNT NOT TO EXCEED $77,245; AND, IN THE ALTERNATIVE, IN THE EVENT THE CITY COMMISSION DOES NOT APPROVE THE AFORESTATED WAIVER, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE NECESSARY A/E SERVICES RELATIVE TO THE ABOVE REFERENCED PROJECT; AND APPROPRIATING $700,000 FROM CITY CENTER REDEVELOPMENT AGENCY (RDA) NON-TIF FUNDS FOR A/E SERVICES, CONSTRUCTION, AND CONTINGENCY FOR THE PROJECT, TO BE REIMBURSED BY COUNTY ROAD IMPACT FEE (RIF) FUNDS. WHEREAS, the City has a total inventory of forty-three (43) bridges, twenty-three (23) of which are City-owned bridges, twelve (12) of which are owned by Miami-Dade County, and eight (8) of which are owned by Florida Department of Transportation (FDOT); and WHEREAS, there are three (3) City owned bridges which have been rated structurally deficient by FDOT at its last inspection: the Convention Center Bridge, which has undergone repairs; the Washington Avenue Bridge; and the 17th Street Bridge; and WHEREAS, on January 14, 2008, the City was issued a Notice of Bridge Closure letter by FDOT recommending the immediate closure of the Washington Avenue Bridge to all traffic, due to the intensifying deteriorating structural conditions of the bridge; and WHEREAS, following receipt of the bridge closure letter, the City immediately closed the bridge and developed a plan of action to address the repairs of this emergency condition; and WHEREAS, the City retained the A/E firm of Corzo Castella Carballo Thompson Salman, P.A. (C3TS) to perform a structural evaluation and determine if the conditions of the bridge warranted full reconstruction or rehabilitation repairs; and WHEREAS, the analysis conducted by C3TS concluded that the rehabilitation of the concrete deck was found to be the most feasible and economical solution to make the bridge operational; and WHEREAS, leaving the bridge closed presents a risk to the health, safety and welfare of the City's residents and visitors through delayed traffic times, especially for emergency response vehicles; and WHEREAS, the City recommends moving forward with the rehabilitation of the bridge under emergency conditions; to that end, the City Manager recommends the selection, on an emergency basis, of C3TS; and WHEREAS, a waiver of the requirements under the Consultants' Competitive Negotiation Act (CCNA) is hereby requested, since the cost of the proposed services are estimated at $77,245; and WHEREAS, the City Manager would recommend that the Mayor and City Commission certify a valid public emergency, waive the requirements of the CCNA, and authorize the Administration to negotiate an agreement with C3TS for professional architectural and engineering services relative to the emergency repairs to the bridge; and WHEREAS, the City will continue to expedite the repairs by awarding the bridge repair work to Team Contracting, a certified bridge contractor through the City's Job Order Contracting (JOC) program, rehabilitation cost anticipated at $554,993, allowing the remainder ($67,762) to cover any unforeseen contingencies; and WHEREAS, the Road Impact Fees (RIF) funds have already been approved by the Metropolitan Planning Organization (MPO) to pay for the Project; and WHEREAS, the City will also need to enter into a Joint Participation Agreement (JPA) with Miami-Dade County (MDC) for use of the RIF funds; and WHEREAS, the City is presently coordinating the associated JPA with MDC Public Works in order to achieve reimbursement as soon as possible; and WHEREAS, in the interim the City has requested, under a separate Resolution, that the $700,000 be appropriated to the City from City Center Redevelopment Agency (RDA) Non-TIF funds (which will later be reimbursed by RIF 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 findings and recommendation of the City Manager certifying a valid public emergency, and waive the requirements of Section 287.055, Florida Statutes ("Consultants' Competitive Negotiation Act"), for the acquisition of the necessary professional architectural and engineering services (the "A/E Services") to restore the Washington Avenue Bridge's structural integrity (which is currently closed due to structural deficiency); further authorizing the City Manager or his designee, to negotiate an agreement for the aforestated A/E Services with Corzo Castella Carballo Thompson Salman, P.A. (C3TS), in an amount not to exceed $77,245; in the alternative, in the event the City Commission does not approve the aforestated waiver, authorizing the Administration to issue a Request for Qualifications (RFQ) for the necessary A/E Services relative to the above referenced project; and appropriating $700,000 from City Center Redevelopment Agency (RDA) Non-TIF Funds, to be reimbursed by County Road Impact Fee (RIF) Funds for A/E Services, Construction, and Contingency for the Project. PASSED AND ADOPTED this 14tbday of May , 2008. ATTEST: r- CITY CLERK Robert Parcher T:\AGENDA\2008\May 14\Consent\Wash Bridge Emergency Repairs Reso.doc MAYO ~~~~ ~ TO Matti Herrera Bower FORM8~LANGUAGE ~ FOR EXECUTION ~~ :(.____ ~ . ~ - u ~' ~~~~ ity me f Date COMMISSION ITEM SUMMARY (_nnrlrancRa_rl Ti+IP~ A Resolution authorizing the Mayor and the City Commission of the City of Miami Beach, Florida, to certify a valid public emergency, and waiving the requirements of Section 287.055, Florida Statutes ("Consultants' Competitive Negotiation Act") and to negotiate an agreement for the necessary professional architectural and engineering services (the "A/E Services") to restore the Washington Avenue Bridge's structural integrity with Corzo Castella Carballo Thompson Salman, P.A. (C3TS), in an amount not to exceed $77,245; and, in the alternative, in the event the City Commission does not approve the aforestated waiver, authorizing the administration to issue a Request for Qualifications (RFQ) for the necessary A/E Services relative to the above referenced project; and appropriating $700,000 from City Center Redevelopment Agency (RDA) Non-TIF Funds to be reimbursed by County Road Im act Fee RIF Funds for A/E Services, Construction, and Contin enc for the Pro~ect. Key Intended outcome 5upportea: Enhance mobility throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): Traffic appears as one of the most important areas affecting residents quality of life; 37% of residents rated traffic flow as poor; traffic is ranked #2 by residents as one of the changes that will make Miami Beach a better place to live; traffic flow where you drive in Miami Beach is a key driver for recommending Miami Beach as a lace to live. Issue: Shall the Ma or and Ci Commission a rove the Resolution? Item tiummary/KeCOmmenaailon: On January 14, 2008, the City of Miami Beach (City) was issued a Notice of Bridge Closure letter by the Florida Department of Transportation (FDOT) District Six Office recommending the immediate closure of the Washington Avenue Bridge to all traffic, due to the intensifying deteriorating structural conditions of the bridge. Following receipt of the bridge closure letter, the City immediately closed the bridge and developed a plan of action to immediately address the repairs of this emergency condition. The City contracted the firm of Corzo Castella Carballo Thompson Salman, P.A. (C3TS) to perform a structural evaluation and determine if the conditions of the bridge warranted full reconstruction or rehabilitation repairs. The analysis conducted by C3TS determined that the rehabilitation of the structure could restore its structural integrity and provide sufficient life to allow for a planned future replacement. City Administration recommends that the Mayor and City Commission certify a valid public emergency, waive the requirements of the CCNA, and negotiate an agreement with C3TS for professional architectural and engineering services relative to the emergency repairs to the bridge. A total amount of $700,000 will be provided in Road Impact Fee (RIF) funds for bridge maintenance. The City will need to enter into a Joint Participation Agreement (JPA) with Miami-Dade County (MDC) for use of the RIF funds. The City is presently coordinating the associated JPA with MDC Public Works in order to obtain reimbursement as soon as possible, and anticipates its completion and will seek Commission approval of the JPA at the June 25, 2008 Commission Meeting. The RIF funds will not be available for use until the City and County Commissions sign and approve the JPA. The City needs to appropriate funds in the amount of $700,000 from City Center RDA Non-TIF funds to be later reimbursed by the County from RIF funds. The Administration recommends approval of the Resolution. Adviso Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $700,000 City Center RDA Non-TIF funds to be reimbursed by Miami-Dade Coun RIF Funds 2 O P Total $700,000 Finan al Im act Summa Ci Clerk's Office Le islative Trackin Fernando Vaz uez, Cit En ineer, x.6399 Sian-Offs: Department D' r Assistant City Manager City Mana r FHB RCM JMG f:WGENDA\2008WIay 14\ConsentlWlSfi 6lfidpa.Cmergency Repairs Summary.tloc AGENDA ITEM ~ `~,nc1 ~~ ~ I ~ E~,~ H DATE 5~ ~~Vo m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City ManGN^'" DATE: May 14, 2008 ~ (~ SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE CITY MANAGER, CERTIFYING A VALID PUBLIC EMERGENCY, AND WAIVING THE REQUIREMENTS OF SECTION 287.055, FLORIDA STATUTES ("CONSULTANTS' COMPETITIVE NEGOTIATION ACT") FOR THE ACQUISITION OF THE NECESSARY PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES (THE "A/E SERVICES") TO RESTORE THE WASHINGTON AVENUE BRIDGE'S STRUCTURAL INTEGRITY (WHICH IS CURRENTLY CLOSED DUE TO STRUCTURAL DEFICIENCY); FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO NEGOTIATE AN AGREEMENT FOR THE AFORESTATED A/E SERVICES WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS), IN AN AMOUNT NOT TO EXCEED $77,245; AND, IN THE ALTERNATIVE, IN THE EVENT THE CITY COMMISSION DOES NOT APPROVE THE AFORESTATED WAIVER, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE NECESSARY A/E SERVICES RELATIVE TO THE ABOVE REFERENCED PROJECT; AND APPROPRIATING $700,000 FROM CITY CENTER REDEVELOPMENT AGENCY (RDA) NON-TIF FUNDS TO BE REIMBURSED BY COUNTY ROAD IMPACT FEE (RIF) FUNDS FOR A/E SERVICES, CONSTRUCTION, AND CONTINGENCY FOR THE PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. AMOUNT AND FUNDING In order to start the bridge repairs as soon as possible, the City needs to appropriate funds in the amount of $700,000 from City Center Redevelopment Agency (RDA) Non-TIF funds to be later reimbursed by the County from Miami Beach Road Impact Fee Funds previously approved by the Metropolitan Planning Organization (MPO). BACKGROUND On January 14, 2008, the City of Miami Beach (City) was issued a Notice of Bridge Closure letter by the Florida Department of Transportation (FDOT) District Six Office recommending the immediate closure of the Washington Avenue Bridge to all traffic "until the City can perform emergency repairs to the superstructure" (See Attachment 1, FDOT Notification Letter January 14, 2008). The structure, originally built in 1938, has been on a yearly inspection schedule since 2002. FDOT is the agency responsible for inspecting and ensuring the safety of all bridges statewide, for both county and local governments. Washington Avenue Bridge Emergency Bridge Repairs May 14, 2008 Page 2 of 4 WASHINGTON AVENUE BRIDGE CLOSURE The Washington Avenue Bridge had been under a yearly inspection program since 2002. Since 2008, the bridge has been programmed for repairs to occur in 2008 given its high sufficency rating (See Attachment 2, Bridge Maintenance Report). In the meantime, the bridges with lower sufficiency ratings were prioritized for repairs (see Table 1). The records indicate that the Washington Avenue Bridge was not declared structurally deficient until late 2007 when it suddenly dropped to a sufficiency rating of 48.3. Table 2. below provides a breakdown of the sufficiency ratings of the Washington Avenue Bridge since 2002. Table 2. Washington Avenue Bridge Sufficiency Ratings (2002-07) Year Sufficiency Rat_ing Structurally Deficient 2002 77.7 No 2003 73.6 No 2004 78.6 No 2005 78.6 No 2006 67.3 No 2007 48.3 (Lower than 50) Yes The next routine annual bridge inspection was conducted on November 26, 2007 and the bridge received a sufficiency rating of 48.3, which is lower than the typically adopted threshold of 50. FDOT issued a deficiency alert on December 14, 2007 (See Attachment 3, FDOT Deficiency Alert (December 14, 2008)). The rapid decrease in the new rating demonstrates that structural integrity of the bridge had deteriorated at an exponential rate. This may have been attributed to increased traffic volumes of large construction vehicles with heavy loads due to nearby construction sites. Subsequently, in an email dated January 4, 2008, FDOT informed the City that according to their structural analysis, the truck traffic weight limits for the bridge would need to be re-posted (See Attachment 4, FDOT Notification Email (January 4, 2008)). Surprisingly, the next communication received from FDOT on January 14, 2008 advised for the immediate bridge closure advising the City of structural deterioration that would lead to a failure in a catastrophic mode (See Attachment 1, FDOT Notification Letter (January 14, 2008)). REPORT FINDINGS Following receipt of the January 14, 2008 Notice of Bridge Closure, the City immediately closed the bridge and developed a plan of action to immediately address the replacement or repairs under an emergency condition. The Bridge Maintenance Report was revised to make the replacement or repairs of the Washington Avenue Bridge a priority. The City contracted the firm of Corzo Castella Carballo Thomspon Salman, P.A. (C3TS) to perform a structural evaluation and determine if the conditions of the bridge warranted full reconstruction or rehabilitation repairs. The structural evaluation of the bridge was extensive, however required to specifically evaluate the true structural deficiencies of the bridge and to develop a proper plan of action. The scope of the structural evaluation included some of the following critical tests: • Bridge Deck Testing -Concrete coring was performed to obtain information on the original deck construction. Deck Compressive Strength Testing -This test was conducted to determine the actual compressive strength of the existing concrete. Washington Avenue Bridge Emergency Bridge Repairs May 14, 2008 Page 3 of 4 • Water Soluble Chloride Testing -Chloride content in concrete is an important index indicating the condition of reinforced concrete structures in respect to chloride-induced corrosion. • Petrographic Analysis -The intent of the Petrographic Analysis was to obtain a clear picture of concrete composition of the bridge. • Mechanical Properties of the Reinforcing Steel -This test was performed to determine the tensile properties of the steel. The engineering study report was received after the April Commission meeting. The study analyzed and described the various issues associated with this bridge. The study confirmed that the bridge is indeed structurally deficient and does not have the capacity to carry Florida Legal Loads. The predominant issue and the one item driving the need to rehabilitate this bridge is the portion of the bridge deck that is cracked and has separated at the bottom of the slab. The engineering structural analysis compared a full reconstruction of the bridge vs. the rehabilitation of the bridge to restore its structural integrity and at the same time provide sufficient life to allow for a planned future replacement. The study concluded that the rehabilitation of the concrete deck was found to be the most feasible and economical solution to make the bridge operational. CURRENT STATUS Before the structural analysis report was completed, City staff looked at different alternatives including full reconstruction and explored procurement methods to decide the most expiditious way of making the bridge operational as soon as possible. The options considered and its associated timelines are listed in the table below: Considered Procurement Timeline (months) Cost TAL Options Process RFQ Desi n Bid Build TO Full Reconstruction Design-Bid -Build $2,300,000 4 mos 8 mos 4 mos 12 mos 28 mos O tion 1 Full Reconstruction Design/Build $2,300,000 4 mos 4 mos'` 4 mos 10 mos 22 mos O tion 2 Rehabilitation Design-Bid- $700,000 4 mos 2 mos 4 mos 4 mos 14 Mos O tion 1 Refurbish Rehabilitation Design-JOC $700,000 4 mos 2 mos - 4 mos 10 Mos O tion 2 Rehabilitation Option 3 Emergency $700 000 --- - 3 mos 5 Mos"" (Emergency Design/JOC , 2 mos Conditions *Preparation of Design Build Criteria Package Documents **Contractor will be working alongside Engineer to begin refurbishment Rehabilitation Option 3 (emergency conditions) was found to be the most feasible and economical solution as well as the most effective way to restore the structural integrity of the bridge. The shortest allowable time to conduct this restoration would be the declaration of an emergency, the immediate utilization of engineering services and an immediate mobilization of a certified bridge contractor through the City's Job Order Contracting (JOC) program. The total probable design cost is estimated at $77,245 with a rehabilitation cost anticipated at $554,993, allowing the remainder Washington Avenue Bridge Emergency Bridge Repairs May 14, 2008 Page 4 of 4 ($67,762) to cover any unforeseen contingencies. (See Attachment 5, Washington Bridge Repairs Proposal and Cost Estimate). NEXT STEPS It is critical to re-open the bridge as soon as possible for the efficient and safe traffic operations in this area of the City. Therefore, the City is requesting to move forward with the rehabilitation of the bridge under emergency conditions. The City has selected C3TS which is FDOT certified for professional architectural and engineering services, since they are a qualified firm under the present rotational contract list. The City is requesting a waiver of the requirements under the Consultants' Competitive Negotiation Act (CCNA) since the cost of the design is $77,245 and therefore exceeds the threshold requirements of CCNA set value of $25,000 for professional engineering services in the State of Florida. Once the design is completed, the City Administration will continue to expedite the repairs by awarding the bridge repair work to Team Contracting, pursuant to their JOC contract. Based on their extensive experience and specific skill in bridge maintenance work and their immediate availability to commence work, the City has chosen this contractor to proceed with the repairs. This same contractor was responsible for the expeditious and successful restoration of the Convention Center Bridge. The City will expedite the rehabilitation of the bridge and anticipates issuing a notice to proceed (NTP) for the design and bridge maintenance work by the end of May 2008. It is estimated that the design and engineering plans for the bridge repair will take a total of five (5) months to complete. JOINT PARTICIPATION AGREEMENT (JPA) The City needs to appropriate funds in the amount of $700,000 from City Center RDA Non-TIF funds to be later reimbursed by the County from Miami Beach RIF funds previously approved by the Metropolitan Planning Organization (MPO), (see Attachment 6, MPO Resolution # 02-08). The City will also need to enter into a Joint Participation Agreement (JPA) with Miami-Dade County (MDC) for use of the RIF funds. The City is presently coordinating the associated JPA with MDC Public Works in order to achieve reimbursement as soon as possible. The normal requirements of the JPA have never been modified for an emergency situation, and therefore they are currently being reviewed and revised by MDC's attorneys. The City anticipates seeking approval of the revised JPA at the June 25, 2008 Commission Meeting. The RIF funds will not be available for use until the City and County Commissions sign and approve the JPA. Therefore the City needs to appropriate City Center RDA Non-TIF funds immediately, which will later be reimbursed by RIF funds. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution. Attachments: 1. FDOT Notification Letter (January 14, 2008) 2. Bridge Maintenance Report 3. FDOT Deficiency Alert (December 14, 2008) 4. FDOT Notification Email (January 4, 2008) 5. Washington Bridge Repairs Proposal and Cost Estimate 6. MPO Resolution # 02-08 JMG/RCM/FHB/FV/XF/CL T:WGENDA\2008\May 14\Consent\Wash Bridge Emergency Repairs Memo.doc Attachment 1 ~._ . -~ ~. Florida Department of .Transportation CHARLIE GRIST GOVERNOR 1000 NW 1 1 lth Ave Room 62058 Miami, FL 331 b5 STEPHANIE KOPELOUSOS INTERIM SE:CRE'1'ARl' NOTICE OF BRIDGE CLOSURE January 14th, 2008 Mr. Fernando Vazquez, P.E. City Engineer City of Miami Beach Public Works Department 1700 Convention Center Drive Miami Beach FL 33139 Dear Mr. Vazquez; Certified Mail No.: 7007 0220 0000 7488 9840 Subsequent to the Department's letter dated January 4th, 2008, the City of Miami Beach provided design drawings of bridge No. 876705 Washington Ave. over Collins Canal. The Department revised the Load Analysis and is recommending that the structure be closed to traffic immediately until the City can perform emergency repairs to the superstructure. The structure, originally built in 1938, has been on a yearly inspection schedule since 2002. During the 2007 inspection cycle, the sufficiency rating dropped from 67 to 48. Furthermore, since the bridge was designed in 1937 with a 50 years design life, the City may consider replacing the entire structure. The plans submitted reflect two layers of reinforcing (a top reinforcing and bottom reinforcing) with a 4 inch concrete cover. Both layers are composed of No. 7 re-bars at various spacings. In the center portion of the structure, the bottom reinforcing is spaced as close as 4 inches. The re-bars ranging from 5 to 10 feet in length, are lapped one to the other and rely on the surrounding concrete to transfer tensile loads to the foundations. The existing deck separation occurs between the top and the bottom reinforcing right at the bottom row of re-bars. It is roughly 20 feet in length and crosses the entire width of the bridge. As a result, the structural analysis cannot rely on the bottom row of reinforcing since the re-bars have separated from the structure. The entire bottom reinforcing row at center span is incapable of transferring loads to the adjacent re-bars since the concrete connections have failed. The analysis further provided a limited percentage of development length to the remaining re-bars. However the only way to confirm which re-bars are still imbedded in concrete would be to remove the entire bottom section of concrete for visual inspection. Upon completion of the second Load Analysis, the structure rated 7.2 Tons. www.dot.state.fl.us The severity of the condition to this structure is that the structural separation of the deck has progressed 3 feet in the past year. Since the center span reinforcing is no longer developed, the ability for the steel to yield is no longer present. This will prevent inspection personnel from observing and tracking structural deterioration and will lead to a failure in a catastrophic mode. After performing an additional field inspection and reviewing the load calculations with independent engineers, the Department recommends that the City of Miami Beach close the bridge immediately. A copy of the Load Analysis will be forwarded for your review. If you have any questions, or require technical support please feel free to contact me at (305) 470-5431. Sincerely, Frank P. Guyamier, P.E. District Structures Maintenance Engineer. Cc: Maria Carasa, P.E. FDOT Structural Engineer. Miguel Soria, P.E. Marlin Engineering, Inc. Eugenio L. Ochoa, P.E. New Millennium Engineering. Gerry O'Reilly, P.E. FDOT Secretary. Gus Pego, P.E. FDOT Director of Transportation Operations. Ron Steiner, P.E. District Maintenance Engineer. Juan Santandreu, P.E. FDOT. Project Manager. Ulises Betancourt FDOT. Project Manager. Giuseppe Noto Load Rating Engineer. Dennis Fernandez FDOT Asst. D.S.M.E. www.dot.state.fl.us F 2 WW Q W ~ y m a > L 0 Q (~ Z ~ Y ~ Q' W LL Q W Q ~ Z ~' UZ ~ J W U 00 7 a N L U (0 Q °o M 0 o0 N ~O O N r N ~ N O p O O m V3 O O O O O O N ~ O O O Of p O O O N o O ~ ~ O ~ O o N O O O O ~° r ~ ~ O ~ O O N O O O ~ ~ V ~ ~3 O ~ 0 O 0 O 0 O o O O O O O o O O O O O O O O O o O 0 O 0 O 0 O O 0 O 0 O 0 O O 0 O o O O O o o O O ~` E •~ O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 0 0 O 0 0 O 0 0 0 0 O 0 0 O 0 0 O o 0 Q .n N~ W N O N m E9 o O m EA yj N m E9 u7 r M E9 O O M EA O O M f9 O O N fA O O N EA O O N E9 O O N E9 O O N fA O O N b9 O O N fA O ~ EA O ~[) fA O ~ fA O ~ EA O O (A LL-j ~ ~ ~ ~ ~ Q uj ~ O U O a O a a a ~~ ~ cL.. ~ N d N d ° d L y r L N r ~ 0_m N m a^ C U_ QI m w~ C N O N ~ ~ ~ J E dm dm ~ oo ~~ d >.c~ d p 0 N~ 3 0 N i o N N ~~ o N C N s° n N= C (p 5 3 ° n C o C 0 C 0 ~ V ~ n N a n !- O) ~ O 'o U H O) ~ O 'o U > U U ~ ^a r%J~a W W W ~ ~ W U z c~ W Z („) ~ M u-i v O) ~ m r r a m co M M ~ v m ~ri ~n O) v m M s co _ .= r ~O r M m r m co r O of r O rn r ~ ai r m ri m ~ u-i m N vi m O) m m V M m O c+i m N <o rn N co rn W W J ~ m ~O ~O O LL') Q r ~ r r M m N ~O LL'1 m N o cD N O) O) C O O O M m O) m m O> m m D7 O> m O) M O o ~ Q~ Q> m o OJ O O O O O ~ i0 M m O) OJ m O) Q. Q O O) O O D7 O) O) ~ N N N N_ V W } O w U Z = U L U t U L U L U L U L U L U L U L U L U L U t U L U L U f L U N L U t0 L U t0 L U t0 L U N L U tO L U t0 L U N a W} ~ l0 N m t0 d m f0 O m ~ N d m t0 N m ~ tO d m ~ f0 N m E W N m ~ t0 O m E N N m E tO d m ~ td N m ~ N N m E tV d m E 0 d m £ d m E d m E d m ~ d m E d m E d m ~ N m E d m ~ z z E E m m E m m m m m m m m m m m m m m m m m m m m ~ m 0 0 0 0 0 0 0 0 0 Q a o ~` 0 ~` 0 « 0 0 0 0 0 0 0 0 0 0 0 ~ v Z 3 v v iv v G ~ i.v ~ v v ~ v iv ~ iv iv v iv ~ v iv 0 W > ~ U ~ ~ Z Q ~ Q ~ ~ Z > ~ } a Ow > U z O ~ ~' Z } W ~ W cn ~ ~ m ~ m m u' ~ ~ U W ~ Q U ~ W ~ ~ U u7 m ^ ~ v ~ w ~ > a U z ~ z ~ Q m O z ~ W z Y Q ^ Q ~ w > m m ~ w m m z a ~ ~i ~ a Q m m ~ p > O O v _i m ~ W > Q ~ ~ w > O U w ~ Q } O a ~ W > ~ O ~ w ~ O ~ W ~ w O F w ~ j > w ~ > w O w O OW ~ O w ~ j Q ~~ w w > ~ a Q Q O ~ ~ ~ D O U J z O a ~ ~ p > > > w ~ w w ~Q w 0 U m F- ~a a o U U mr w > W > ~ w ~ m r w} w a >~ as z z z oa r U ~ w w z ~ H C7 v i~ xa ~ z ~~ wz ma ~ ma ^ z J ma ^ z o w w ~ ^ ~ ^Q N X70' z w p > ¢ w w m ^ z a ~ Y a ~ x~ r w `~ g °zw Z cai a ~a > ~ o m~ ~ m Oa U Z(n W Z m N Z rna N U U a W U ~¢ W U ~ J a U ~ m ~ Qz F.} r U U ~ w rZ Q Y Z O ~ } W ~ ~ mm _!- a ^ ZZ Z~ ~ xZ J UZ a UY w N 2Z ~O Zy ZY ^ W Z za ~ O mH Qa UU O~ ~ a ~Y a Q r Z x t~/~U w~ r }? a0 a wU ~~? W m? UO ^ W >~ as H u~ ~ r~ w0 xa 00 UU ~a ~U s ~U a ~~ ra Ua u» a v» aU x m~ wm a M r~i ~ ~ ~m ^a c>m za m~ m W m m N N A m o m m A .o o m M N O O O M V N M V M N th M oD 0p o w O~ M aD M r M n ao N r ~n M r (.' p J r n n m m m n r A r t~ n A n n A m ~o ~o m m m so m co co ~. A A r A n A A r n n co r r n so m A n r o r~ n r o m r r n so A m r ao r ~o n ~ m A A A ro m m m m oo m m m ao 0o ro m ro m m ao 0o m m ao ao m Attachment 3 December 14, 2007 Mr. Ulises Betancourt, Project Manager Florida Department of Transportation District VI 1000 NW 111th Avenue Miami, Florida 33172 RE: Deficiency Alert for structure No. 876705 Dade/Monroe Local Agency Bridge Inspection FDOT FM Numbers: 25273217206 / 25273317206 The above-mentioned structure inspected on November 26th, 2007 was found to have deficiencies which require prompt corrective actions. BRIDGE PROFILE The slab underside is delaminated more than 25%, from edge to edge of the structure x approximately 20ft. long. Cracking with efflorescence and corrosion bleed-out, sometimes reflective on the asphalt overlaying the slab, are also typical throughout the underside of the slab, as well as spalled areas with exposed rebars. The bridge owner is City of Miami Beach. PHOTO 2. CLOSE UP OF CRACK AT SLAB EDGE PHOTO 1. CRACK AT SLAB EDGE PHOTO 4. CRACKS WITH EFFLORESCENCE PHOTO 3. CRACKS WITH EFFORESCENCE AND CORROSION BLEED-OUT _ ,. ~. -. - ,, ~. ;~ Cd { 'V ~" "~ ~+a~~~~ <.~ ~.. ~ b '~...~* aft ,4 r- ° s~ ~~~,~ "~*~~ ~ ~ a. L ~t r 5' "~S ~z, i v. a , v ~: Y `k ~. ti M ~ i' q ; a. 1 a a - _; ~. ':.~' --- i r ~» r ~.;, y ~,.~.,., ~, of ~ ~ ~ x _;S ~ , ' ~~ ~ ,~ ~ a x ~ '4,`. .Y°;}` ~ .}. .. Y a ~° ~~ '~ ,.A'Y ~ 3 -'+r 'y ? 4'S= o~"y,; ,p x ~ s ~, t`•?. F.- t~;, ,y*. c '-. ~ x y. ~. ~ ~~~.~ ~ ,,,~.~, of i' , ~t * ~ c -.~~v ~~ r. ._ ~ _..,t ~rx <.,- a: :,fir , , . .~ `"~ ?".. ~k_~ ~. , ~ ,_"`2 _. , ~.3 .._,~ t~..~a c-~~.~.~. ~`;. ~:. ~~` PHOTO 6. REFLECTIVE CRACK AT DECK TOP ASPHALT PHOTO 5. SPALLED / DELAMINATED AREA AT SLAB UNDERSIDE Attachment 4 From: Santandreu, Juan [mailto:Juan.Santandreu@dot.state.fl.us] Sent: Friday, January 04, 2008 4:01 PM To: Vazquez, Fernando Cc: Guyamier, Frank; Fernandez, Dennis; Noto, Giuseppe; Betancourt, Ulises; Eduardo Vasquez (evazquez@marlinengineering.com); eochoa@nmdceng.net Subject: Bridge No. 876705; Washington Avenue over Collins Canal Dear Mr. Vazquez On November 26th, 2007 the Department's consultant "Marlin Engineering, Inc." conducted a routine Bridge inspection on the referenced structure under the City's jurisdiction. A draft Inspection Report was forwarded to you on December 17th, 2007. As described in this report, and in previous correspondence, this structure has deteriorations that continue to propagate since the previous inspection. In an effort to determine the remaining strength in this bridge, the Department performed a structural analysis. The results indicate that the bridges should be posted to limit the weight of truck traffic in the following manner; SU2 trucks 20 Tons, C3 trucks 30 Tons, ST5 trucks 30 Tons. The city should ensure that all roads leading to the bridge have sufficient advanced posting signs to allow the motoring public to find alternate route. The City should be aware of this dangerous condition affecting the public and take the necessary steps to correct the deficiencies. The Department recommends that the bridge be posted immediately, and that immediate arrangements be made to take corrective actions. Please note that the limitations of traffic required by the load analysis are based on the current scenario, and propagation of the deficiencies, as has been observed so far, will result in further loss of capacity if no repairs are made soon. The Reduction in posting may alleviate the load, but does not eliminate the critical deficiency on this bridge with respect to its load carrying capacity. If the City is unable make immediate arrangements for repairs, considering that the propagation of these deficiencies is still anticipated, we recommend the bridge be closed until corrective actions are taken. Please contact me with your planed course of action or if you need additional information or assistance. Sincerely, Juan J. Santandreu P.E. Structures Maintenance FDOT - D6 1000 NW 111th Avenue Miami FI 33172 Ph# 305-470-5362 Fax# 305-470-5369 Attachment 5 May 2, 2008 City of Miami Beach Public Works Department Attention: Mr. Fernando A. Vazquez, P.E. City Engineer Reference: Bridge No. 876705 -Washington Avenue over the Collins Canal Engineers Development of Bridge Repair Plans and Construction Engineering Inspection Services Architects Planners Miami Beach, Florida Dear Mr. Vasquez: Attached please find our proposal titled "Work Order Proposal -City of Miami Beach Washington Avenue Bridge Repairs & Construction Engineering Services (Rehabilitation of Bridge No. 876705 Washington Avenue over the Collins Canal) which includes our scope of services and fee proposal for the scope of services required to complete the services in association with the referenced project above. As stated in the proposal our compensation for these services has been established to reflect a Lump Sum Amount of $ 77,245.00 for Basic Services as identified in the Scope of Services. The above financial arrangements are on the basis of prompt payment of our bills within 30 days of the date of invoice, and the orderly and continuous progress of the project. This proposal together with Exhibits "A" (Scope), "B", and "C" (Limitation of Liability) represent the entire understanding between both parties to this agreement, supersedes all prior agreements and may only be modified in writing and signed by both parties. If you find this proposal acceptable, we would appreciate your signing the enclosed copy of this letter in the space provided below and returning it to us. If you have any questions, or need additional information, please feel free to contact Manuel A. Solaun, P.E. at (305) 445-2900 ext. 2222 or me at extension 2227 or via a-mail at carballo _,c3ts.com. Sincerely, Corzo Castella carballo Thompson Salman, P.A. Robert T. carballo, P.E. President Accepted By: City of Miami Beach Fernando A. Vazquez, P.E. (Date) T:\MANAGEMENT\Contracts\Miami Beach Bridges\Washington Avenue Bridge\Revised Estimate to Team Contracting\1L050208-Fernando Vazquez.doc WORK ORDER PROPOSAL CITY OF MIAMI BEACH WASHINGTON AVENUE BRIDGE REPAIRS & CONSTRUCTION ENGINEERING SERVICES (Rehabilitation of Bridge No. 876705 Washington Avenue over the Collins Canal) May 2, 2008 Corzo Castella Carballo Thompson Salman, P.A. (C3TS) (hereinafter referred to as the "C3TS") proposes to provide services identified below for the Project entitled, "WASHINGTON AVENUE BRIDGE REPAIRS", in support of Team Contracting (TEAM) currently under contract with the City of Miami- Beach for miscellaneous repairs associated with the above structure. L GENERAL This proposal is submitted in response to the request by the City of Miami Beach of Team Contracting to engage an FDOT certified Bridge Design firm in conducting professional engineering services for the emergency repairs associated with Bridge No. 876705 "Washington Avenue over Collins Canal". This Structure constructed in 1937 consists of a reinforced concrete arch supported on reinforced concrete pile caps and timber piling. On January 14, 2008 the Florida Department of Transportation issued a "NOTICE OF BRIDGE CLOSURE" due to sever deterioration of the concrete arch and the results of a load rating completed on January 10, 2008. The purpose of this PROPOSAL is to describe the scope of work and the responsibilities of C3TS, Team Contracting and the CITY for the above referenced project. Bridge No. 876705 is located along Washington Avenue, between Dade Boulevard and Canal Court, and crosses over the Collins Canal. The bridge structure consists of a concrete arch with a span length of 50'-4". The bridge carries five travel lanes (undivided roadway) and sidewalks on either side for a total width of approximately 75'-0". On April 11, 2008 C3TS completed a Bridge Rehabilitation Report that evaluates the suitability of the bridge structure to be repaired and outlines the required repairs. II. SCOPE OF WORK The general objective is for the CONSULTANT to provide design and construction engineering inspection services under this work order proposal. C3TS will provide Engineering Services in accordance with the following Scope of Work: A. Task 1-Kickoff and Progress Meetings C3TS will conduct a Project Kickoff meeting at the beginning of the Project with the CITY, Team Contracting and sub consultants and other interested stakeholders. In addition C3TS will attend up to two (2) additional progress/coordination meetings during the project duration. C3TS will generate and distribute copies of minutes of said meetings. This task also includes initial contract file setup and maintenance throughout the Project. B. Task 2 -Data Collection and Review Not Applicable. These services were provided with the initial Bridge Inspection Report. CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-1 C. Task 3 -Site Visits C3TS will conduct a site visit during the design phase of the project prior to the completion of the repair plans for review purposes with Contractor and City. D. Task 4 -Surveying Services All dimensions for repair areas will be based on existing bridge plans. Team Contracting is to verify bridge dimensions reflected in provided plans. Retaining the services of a Professional Surveyor and Mapper is not anticipated at this time. E. Task 5 -Utility Coordination Team Contracting is to obtain available, existing utility information from the City and utility companies present. It is not anticipated that utilities will be impacted by the required repairs. F. Task 6 - GeotechnicallMaterial Services Not Applicable. These services were provided with the initial Bridge Inspection Report. G. Task 7 -Engineering Structural Analysis and Report C3TS will prepare any necessary final design analysis and computations in support of the development of the final repair plans. C3TS will investigate appropriate repair methods and provide recommendations to the CITY for approval prior to the preparation of the plans. This will include structural analysis of the original design, interim repair, and repaired structure as necessary to document the final design. H. Task 8 -Roadway Plans It is not anticipated that a set of Roadway Plans will be developed for this phase. I. Task 9 -Bridge Plans C3TS will prepare a set of Bridge Repair Plans. Preparation of the Bridge Repair Plans shall include the removal and replacement concrete spall areas and crack injection of the cracking along the deck, arch and abutments. A new penetrant sealer coating will be provided to all exterior exposed concrete surfaces of the arch. Any replacement of bridge components will be designed to maintain a similar appearance to the existing bridge to maintain its Historic Significance. J. Task 10 -Specification Package NA -This is a JOB ORDER CONTRACTING Assignment with not required bidding or specifications package. Any required information shall be reflected on the drawings. CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-2 K Task 11-Public Involvement Services All Public Involvement Services are to be handled by the City. L. Task 12-Permitting C3TS will coordinate permit applications with US Coast Guard and Miami-Dade DERM for Class I Coastal Construction Permit and prepare required exhibits to obtain permit approval. The coordination for the DERM Class I permit will include coordination with FDEP for verification of Sovereign Submerged Lands (TIFFT) documentation. Coordination with ALOE will also be done. These services do not include any environmental and/or biological studies required per the permit agencies. Coordination is assumed to be minimal with initial contact letters provided to the agencies with the assumption that waivers can be obtained. Any cost associated with permits shall be paid by the city directly. M. Task 13 -Engineering Estimate and Bidding Assistance NA -This is a JOB ORDER CONTRACTING Assignment with not required bidding. N. Task 14 -Post Design/Construction These services are intended to provide Construction Assistance including roadway and structural shop drawing reviews and RFI's which will be required to satisfactorily complete construction. These services are intended to deal with changed conditions and are not intended for CONSULTANT errors and/or omissions. C3TS will provide construction assistance services at the time of need. Services may include, but are not limited to: Engineering Assistance, Review of Shop Drawings and RFI's. C3TS will provide to the CITY qualified representation during the construction phase to deal with issues concerning the intent and interpretation of the construction contract plans and documents prepared for the work. Should changed conditions be encountered in the field, and when requested by the CITY, C3TS will respond in a timely manner with suitable engineering solutions which adequately reflect and respond to the changed conditions. C3TS will be required to provide construction shop drawing review for all components supplied by the contractor requiring shop drawings. This review shall verify the conformance of shop drawings with design drawings. C3TS will review and process shop drawing submittals within seven (7) calendar days of their receipt. Upon completion of the shop drawing review, C3TS will forward the shop drawing package to the CITY's Review Office. Up to three (3) on-site visits by the CONSULTANT shall be made during construction at the written request of the CITY. At the end of construction a final site inspection of the bridge and corresponding certification of the repair will be provided. In addition C3TS will provide limited Construction Engineering Inspection Services during the construction phase of the project. These services anticipate an average of three CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-3 (3) site visits per week with an estimated construction duration of twelve (12) weeks for a total of 36 site visits. O. CONTINGENCY -ADDITIONAL SERVICES A CONTINGENCY budget in the amount of $0.00 is included in case during the execution of this project the CITY finds the ADDITIONAL SERVICES are desired to be included in the Project. These services will be mutually agreed in writing by the CITY and C3TS. P. DATA TO BE PROVIDED BY CITY The following data shall be provided by CITY to C3TS for preparation of this proposal: o Copy of existing plans, latest bridge inspection reports, copy of past reports (if any) of previous work. o The CITY will provide copies of any available CADD files indicating existing roadway geometry, bridge features, surveys, right-of--way maps, etc., which may be required for the development of plans Q. SERVICES TO BE PROVIDED BY CITY o Review of draft deliverables and final reports, plans and specifications. o Attend progress meetings. o Receive complete permit packages and forward permit packages and all applicable fees to the appropriate agencies. o Payment of all applicable Permit Fees. o Preparation and execution of Public Involvement Program. III. SUBCONSULTANTS The below listed Sub-Consultants will assist in the performance of the Work. SubConsultant Name S ecial or Ez ertise NONE Land Surve or NONE Geotechnical and Material Testin IV. SCHEDULE OF WORK -TIME OF PERFORMANCE The time frame for the completion of evaluation and design services is approximately 8 weeks from the date of notice to proceed. The initial investigation, inspection and structural analysis will take 4 weeks. The following two weeks will be utilized for the development of construction plans followed by 2 weeks for a response from the permitting agencies. CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-4 V. COMPENSATION Consultant shall perform the Work detailed in this Proposal (Tasks 1 -12) for a Lump Sum Fee of Thirty- five thousand nine hundred eighty-five dollars and zero cents ($35,985.00). An additional amount consisting of Forty-one thousand two hundred sixty dollars and zero cents ($41,260.00) has been established to address Tasks 13 and 14. The total contract amount is Seventy-Seven thousand two hundred forty-five dollars and zero cents ($77,245.00). Team Contracting will be invoiced monthly for the percent complete, based on the hourly billing rates in accordance with the table listed below. C3TS will submit monthly invoices, substantiated by written monthly status reports reflecting the percentage complete of each task. TABLEA -SUMMARY OF COMPENSATION Task or # Ma'or Task Name and/or Activi Descri lion Fee Amount Fee Basis 1 Kicko and Pro ess Meetin s $ 5, 760.00 Lum Sum 2 Data Collection and Review $ 0.00 Lum Sum 3 Site Visits $ 1,300.00 Lum Sum 4 Surveying Services $ 0.00 Lump Sum Reimbursable S Utili Coordination $ 0.00 Lum Sum 6 Geotechnical/Material Services $ 0.00 Lump Sum Reimbursable 7 En ineerin Re ort $10,610.00 Lum Sum 8 Roadw Plans $ 0.00 Lum Sum 9 Brid e Plans $14, 730.00 Lum Sum 10 S eci acation Packa e $ 0.00 Lum Sum 11 Public Involvement Services B Others Lum Sum 12 Permittin $ 3,585.00 Lum Sum Sub-Total Basic Services $35, 985.00 Lum Sum Services 13 En ineerin Estimate & Biddin Assistance $ 0.00 Not to Exceed 14 Post Desi /Construction/CEI $41,245.00 Not to Exceed Allowance or Conlin encies $ 0.00 Not to Exceed Allowance or Reimbursable Ex enses $ 0.00 Not to Exceed Sub-TotalLimitin Amountltems $41,260.00 Limitin Amount Contract Total Amount $77,245.00 Lump Sum + Limiting CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-5 Compensation for Basic Services will be invoiced on a monthly basis based on the percentage complete of each phase. Phases have been established as follows: Phase I -Preliminary Engineering (Tasks 1 through 7 referenced above) Phase II -Development of Roadway and Bridge Plans (Tasks 8 and 9 referenced above) Phase III -Final Engineering (Tasks 10 and 11 referenced above) Phase IV -Bidding and Award of Construction Contract (Task 13 referenced above) Phase V -Post Design Services (Task 14 referenced above) Table B -Professional Services Hourly Rate Fee Schedule Principal ................................................................... $225.00 per hour Chief Engineer ........................................................... $190.00 per hour Project Manager .......................................................... $180.00 per hour Senior Project Engineer ................................................. .$155.00 per hour Project Engineer .......................................................... $135.00 per hour Designer ................................................................... $115.00 per hour Senior Technicians ....................................................... $ 90.00 per hour The above financial arrangements are on the basis of prompt payment of our bills within 30 days of the date of invoice, and the orderly and continuous progress of the project. This proposal together. with Exhibits "A" (Scope), "B", and "C" (Limitation of Liability) represent the entire understanding between both parties to this agreement, supersedes all prior agreements and may only be modified in writing and signed by both parties. PROJECT MANAGER CONSULTANT'S Chief Engineer for this Work Order assignment will be Mr. Manuel A. Solaun, PE CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-6 EXHIBIT "B" Attached to .and made a part of Letter Agreement dated (May 2, 2008) between (Team Contracting, Inc.) (Client) and CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS), in respect to the project described therein. A. Payments -Client recognizes that prompt payment of C3TS' invoices is an essential aspect of the overall consideration C3TS requires for providing services to Client. Client agrees to pay all charges not in dispute within fifteen (15) calendar days of receipt of C3TS' invoices. Payment not made within thirty (30) days from the end of the calendar month to which the invoice applies will bear interest from the end of such month at the rate of one and one-half percent (1 1/2%) per month until paid. The provision for payment of interest shall not be construed as authorization to make payments late. Failure of the client to make payments when due shall be cause for suspension of services. Client agrees to waive any claims against C3TS, and to indemnify, defend and hold C3TS harmless from and against any claims arising from C3TS' termination or suspension of services due to Client's failure to provide timely payment. C3TS shall be entitled to reimbursement of all costs actually incurred by it in collecting overdue accounts under this contract, including, without limitation, legal fees. Any charges held to be in dispute shall be called to C3TS' attention within ten (10) days of receipt of C3TS' invoice, and CLIENT and C3TS shall work together in good faith to resolve their differences. If CLIENT and C3TS shall be unable to resolve their differences within thirty (30) days, C3TS shall have the right to suspend or terminate services. No deduction shall be made from C3TS' compensation on account of any claim except pursuant to an award tendered in favor of the Client. All fees and expenses are net US dollars exclusive of transfer costs and tariffs. B. Acceptance and Review -The proposal to which these terms and conditions are attached is subject to renegotiations if not accepted by the Client in writing within 30 days of the date of the proposal. If an extension is desired, the Client shall notify C3TS in writing prior to the expiration date. When accepted, the attached proposal and these terms and conditions shall become the "Agreement". C. Termination -The Agreement shall be subject to termination upon aseven-day written notice at any time for good cause by either party. In the event of termination, full payment shall be made for services performed to termination date including reimbursable expenses then due and all termination expenses. In the event of termination for reasons other than C3TS' breach, termination expenses shall include damages for breach of contract including lost profits. Initials: C3TS CLIENT CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-7 Exhibit "B" Page Two If the agreement is terminated prior to the completion of the services described herein, use of any interim reports or other documentation is limited to the client's internal purposes and no distribution thereof to others shall be made without C3TS' specific written authorization. D. Publicity -All newspaper, magazine, and other media articles, announcements, statements, exhibitions and advertising (collectively "publicity") issued or published by the Client in connection with the Project shall accurately credit C3TS' participation as described in the scope of services of this Agreement. If such publicity is issued or published by parties other than the Client, but of which the Client has prior knowledge, then the Owner shall make reasonable efforts to have such parties include such credit. The client will obtain C3TS' review and approval prior to release for all publicity which utilizes C3TS' name in connection with project promotion. E. Ownership of Documents - As instruments of service, all documents, including original drawings, estimates, specifications, field notes, photographs, and data, and the copyright therein are and remain the property of C3TS. Use of project documents for extensions of the project, or for new projects or for the completion of this project without the participation of C3TS as set forth in the Agreement, shall require written permission of C3TS and shall entitle C3TS to further compensation at a rate to be agreed upon by the Client and C3TS. F. Estimates -Since C3TS has no control over construction costs, estimates of cost for the project provided for herein, if any, are to be made on the basis of experience and qualifications and represent best judgements as a design professional familiar with the construction industry, but C3TS cannot and does not guarantee that proposals, bids, or the project construction cost will not vary from prepared preliminary cost estimates. G. Laws, Rules, and Regulations - C3TS will use its best professional efforts to identify laws, rules, and regulations which apply to the project, to interpret the same in a reasonable manner, to seek the advice of governmental officials and/or the Client's legal counsel when questions of interpretation and/or applicability arise, and to produce reports, plans, and other documents which are consistent therewith. Having done so in accordance with normal standards of good professional practice, C3TS will have met its obligation hereunder, and will not be responsible for contrary interpretations or determinations by enforcement authorities or others. At the Client's request, C3TS will furnish certificates to lenders or others regarding compliance with laws, rules, and regulations, provided that such certificate is consistent with the above, and that the requested form of such certificate is furnished to C3TS no less than five business days before the date on which it is required by the Client. Initials: C3TS CLIENT CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-8 Exhibit "B" Page Three H. Hazardous Material -The Client recognizes that C3TS does not carry any insurance which covers acts or omissions relating to (a) asbestos, materials containing asbestos, or the existence, use detection, removal, containment of treatment thereof, or. (b) pollutants, hazardous wastes, hazardous materials, contaminants, or the dispersal, discharge, leakage, use, detection, removal, containment, or treatment thereof. (The materials and activities listed in the foregoing sentence are referred to as "Excluded Materials and Activities"). The Client agrees that if the Project involves any Excluded Materials or Activities, the Client will bear the sole risk thereof in furtherance of the foregoing, the Client agrees to release, indemnify, defend, and hold harmless C3TS, its consultants, and their officers, agents and employees (collectively, the "Releases") of and from all costs, claims, damages, and liability arising out of or relating to Excluded Materials and Activities, acts or omissions of the Releases, the Client, or third parties relating thereto, or injury caused thereby, excepting only such costs, claims, damages, or liability as are solely the result of any wanton, willful, or intentional act or omission of any of the Release. The foregoing agreement by the client shall be effective whether or not C3TS' Basic or Additional Services involve any Excluded Materials and Activities, with the understanding that C3TS' liability with respect thereto shall in all cases be limited to wanton, willful, or intentional acts or omissions. Miscellaneous -The Client and C3TS each binds itself and its partners, successors, executors, administrators and assigns to the other party of the Agreement and to the partners, successors, executors, administrators and assigns of such other party. In respect to all covenants of the Agreement; except as above, neither the Client nor C3TS will assign, sublet or transfer his interest in the Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of either party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and C3TS. The Agreement shall be construed in according with and shall be governed by the laws of the State of Florida. J. Standard of Care - The standard of care for all professional services performed or furnished by C3TS under this Agreement will be the skill and care used by members of C3TS profession practicing under similar circumstances at the same time and in the same locality. C3TS makes no warranties, express or implied, under this Agreement or otherwise, in connection with our services. Initials: C3TS CLIENT CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-9 C3TS EXHIBIT "C" Attached to and made a part of Letter Agreement dated (May 2, 2008) between (City of Miami Beach) (Client) and CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS), in respect to the project described therein. Limitation of Liability - C3TS shall be liable to the Client for negligent errors or omissions, and for other breaches by C3TS of this Agreement, provided that the total amount of such liability, in the aggregate, shall in no event exceed the compensation received by C3TS under this Agreement. If the Client prefers not to limit C3TS' liability to this sum, C3TS will waive this limitation upon the Client's written request and will agree to increase the limitation of liability to the limit of C3TS' professional liability or other insurance coverage, provided that the Client agrees to pay for this waiver an additional consideration of four percent of C3TS' total fee or $2,000 whichever is greater. The client's request for this option shall be made at the time of acceptance of this proposal, and the increase in fee shall be payable immediately thereafter. This charge is consideration for the greater risk involved in performing services for which limitation of liability exceeds the compensation paid to C3TS under this Agreement. It should not be construed as a charge for additional professional liability insurance. In recognition of C3TS' Construction Phase role, as representative of the Client and interpreter of the requirements of the Contract Documents, the client agrees to include in his agreement with any Contractor and/or Construction Manager a provision stating that neither such person nor his surety shall bring any civil suit or other legal action against C3TS, or any of C3TS' officers, employees, or consultants, arising out of or connected with the Project, and stating that similar language shall be included in each subcontract and sub-subcontract for Work in connection with the Project. Such provisions shall be expressly stated to for the benefit of C3TS and enforceable by C3TS. The Client and C3TS waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages to the Project covered by any property insurance. The Client and C3TS shall each require appropriate similar waivers from their contractors, consultants, and agents. Initials: C3TS CLIENT T:\MANAGEMENT\Contracts\Miami Beach Bridges\Washington Avenue Bridge\Revised Estimate to Team Contracting\SCOPE OF SERVICES and Propsal for Washington Ave Bridge Repair and CEl.doc CITY OF MIAMI BEACH WASHIGNTON AVENUE BRIDGE REPAIR 5/2/2008 A-10 888 8 8888 ~° ° ~ ~~~~ ~ ~ N N ~ N ~ ~ IA .~ O m ~N Q .£ d w N O Y W LL W ~ WW F .Z F ~ ~ z ~ . ~ O ~ ~ f0 m O Q O 2 Y F ~ ~ ` ~ ~ W W W v W LL w ~ v o ~ o o ; ~' a J ~' 5 ~ ~ ~ ~ ~~ ~ ~~ w m ~ w w ryyy~ 4 ~ .~ ¢ p F O ~ ~ O v~ ~ ~~a°~v=i a Q O m 5 T Uyyy N U T '~ yO 9 0 H W w LL O 0 F D Q C7 a z z .~ a U ~' (x QO v G P] C a' o ,~ ~4 t ~ 3 ~~ F U ~ C~ 0 - `$ a"~ ~ ` a~i c~ ~ c o n ~a ~ •~ N w ~ ~ Y a ° m ~ o y o E ra t;~ L n d m N r U O C _ ~ n 7 n 17 N ~ ~ y O ~ C 5 L ~ E x E x ~ N ~' ~ cc7 ` O n _.... y Q N r ~ a ~ G ~ ~ 'p y y N C 'O ~ N N ~ c ~ ~ °C O Z ~ .m QQ ~ ZS C ~ ~ Z O D t0 V N ~ r- N ~ ." 0 0 O O (",~ W W J W O O F F OF O N c ~ y c ~ l ~+ c .~ ~ m ~ N m C a N ~ a. Q) ~ ~ N t O _ O O U O N ~ N ~ LL ~ _~ Z _g ' ~ U Y ~ d C U 1 ] a > ~ ~ N m v ~n co n ao rn o ~ N m v u'f 0 z a H U O 0. N O v, of a `z z u O a V ~i' C4 ~o .~ m d 0 3 F M U U 0 a Q o a 'ti ~ v ' ~ c x r 0 U a~i ° o t ~ `cg °D ~ x c ~ c "" > c w o o. ~ ~ a. t ~ 8° x y o v ~ . A ~j ~ a 3 Q ~ .Q. ~ 5 N C N y ~ ~ ~ O ~ ~' C7 Z W F - V ~i O O ~ W. O O '' a0 Ct! [r O 6 Z O O oO O O .- ~ ~s R o o ~,f p O O t^ O O ~ W ¢¢ 0 W W Pi ~+ ~ a tj~q c E a o c 0 ~ o m ` 0 a ~ ~ o ~ 0 0 rn •~ U 'y ~ ~ ~ ~, ~ ~ z m ¢ ~ ii > ~ ~ O ~ N C") V ~ CO h CD O] ~ ~ r . - ~ ~ N a N O ~n a d 7 e z .` a .a. U b d O ~0 3 V 0 eP'+ C.l 3 A N ~ n~n~' n ~ c d lU G ~ N tC S G N N y d ~ N . l~ N C :C y ~ O G mU O O ~ ~ ~ n g ~ ~ '~ 3 ~ d '~ 2 ~" ~ ~ ~ - ~ '~ p ~ a . ~ Vl Y 'O _ ~ p d t71 m ~ .~ r0. _ ~ C U. y N ~ C U t ~ O ~ N . ~ L N d O O Q C ~ p~ {b p C y ~ ~ L ~ O C O C C o p m o ~ E ~ . ~ ~ -°'o > v > { ~ ~~ $~ ~ y ~C > C C C W O. C ~ .- L] Z Z g~ ~~ R Q O O .. O M O N O O O ^., ~ -~ F p O O ~ ~ {ii _ _. O O O N O O O ~ M . O O '- r O •- 0 0 ~`i ~ O S [' - ~~~ ~ U] J m d (n J Q lIJ h u7 ~ ¢ lLl N J fn (A s H , ~ ~' i~ O F., ~ o c U N .N ~ ~ O D N H N ~ ~ C ~ C . o ~ c E ~ U Q `,f, ~ t3 ~ c ~ '~a '> ~ ~ ~ m 3 ~ v d w U ¢ d v~ a a .. c N m 4 v~ ~ r oo a ~ ... A 0 z U .o d H U o ~ o a, N ~ 0 vii H Q 3 0 z .~ 0 a` a v ~' x b 0.l d O O ~R c ~ 3 '~ m '~ v '8 T U L CN O i0 l0 C O N W ~ ~ ~ W ~ 'C d O s ~ ~ ~ ~ ~ ~ ~ Q ~ 8 ~ ~ .~ z's ~ ~ ~ c ~ ~ < OD OD N N O O N O O O r r ~ O O ~ r r O M.. P! ^~ i G O O C m O N N O N O O O O O 0 z r r .- r r ~ O ~- r ^ r .. ~ PM Q ' x A ~ _y Ld C~ _ L~ (!1 ~N ~ ~ C/J (/J J Lm V1 y LN C/7 N J J a~ $ e J W J ~' F Ey ~i F ~ ~ Z ~ O d > N ' ~ ~ d ~ 2 ~ g y o .~ Q C ~ ~ ~ ~ to ~ ~ ° ~ ~ N V ~ ~ N v ~ _ d N ~ J `~ ~ U ~ o a y ~ 4l ~ V ~ x Y ~ ~ ° c o U V ~ H ~ m o _ ~ O V ~ ' c O m .Z a ~ N 'S ¢ d C N ~ Xt c 0 C a ~ ~ Y ~ _ ~ ' Q ~ a G+ ~ o c n 4. d a ~ N a l~1 m ~ Vl i ~ ~ W O~ .-. 8a 0 h a_ n z ~ ~ .~ ~ ~ o a`, ~', d 3 U ~~ c a~i ~- o € g a ~ a o~ o ~ ~ ~ Y ~ ~ j Y ~ Vp 'O /6 'O ~ C .4 ~ p : ~ ~- . C G O C y U a0 00 aO O O O O O O O O N r r (p a.~` ~~}} O O O O O O O O O O O w O ~' pp a0 W O O O O O O O O y~ yy '- .-- r O O O O O' O O O ~~sry ~ I G o t O J J~ W J J J J -~ ~J ~ J ,~ ~' ;ti y Q o .~ 5 ~ ~ 3 ~~ h U C U _ O . ~ LL F 'E m d c ~ 0 2 N co ~ C 'O ~ U_ ~ ~ m ~ q 0 U ~ n. ~ a. o - o N _~ rn w ~ c p ~ ° ' to a LL V N U N CD vtf ~ N ~ E U w .~ a ~ ~ ~ ~ r- ~ N 4 CrJ v ~ A OG F- 0 z U H U 0 O r~ o a N O V1 4 a z z L Qw 0. V ~' o°~o ~n 0 Fn 3 F U 0~ O orr 0 q F o ~ o ~, ~ ~- ' ~: s ~, > `~ '~ c 0.. ~ M ~+ ~ U _ L N U N ~ N ~ ~ 6 ~ ` C N N ? O ~ ~ ~ 4 _ c st o ~ ?n 0 Y Y m ~ ~ U 3 3 N N ~ 'D N aj ~ ~y ~ N ~ C N m O ~ ._ ._ ~ N N Cn C a O y a a a~ Q Q ~ Q7 Q ~ ~ (((,~,J)) ~ V C Z Z d ~ r Z ~ ~ c0 V' O O O aD d' O ~ ~ ~ n N m O O 0 0 0 0 0 0 0 o p O GGG~~~ ~p ~ ~F o o ao st o ~n c~ '~' tp r r r r O O O r r b r ~j r ~ p w w w u~ w w w w u~l w w ~ `~ 41 N d O H `~ m` ~ ~ a- ~ ~ ~ c .~ °- ~ a` ~ ~, ~ ~, ~ ~' ~ m ~ H ,~ ~ 'Q ~ ` ` ' ~ g LL Q °~ n. p 0 ~s ~ ~ ~ `~ w S 3 ~ ~ 5} ~ ~' g ~ ~ w ° ~ ~ ~ ~ m .~ ~ o~ ¢ ~- ~ ~ Q ~' ~ ~, ~ ~i ' ~ ~ of v ~ X c ~ ~ a'> N ~ "~ ¢ ` o~ 2 o~ ~ O ~ b ~ Q ~ u i o c o o 3 j ~ m N C 3 d O 3 ~ ~ C C o ~ U ~ ~ O '~ m ~ ~ +~ ~ ~i ~ ~ `n ~ o ~ _ ~ ,~, i ~ rt ac y a a ~ a D U ~ d ~ ~ ~ W N a ~ i3 0 N L to cd ri ci ~ N cd a ci v ai cn L w M a vl ~ v, v u`~. E Cv 6 Attachment 6 Agenda Item IV.A TPC RESOLUTION # 02-08 RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE FY 2008 TRANSPORTATION IMPROVEMENT PROGRAM TO REMOVE THE 23RD STREET BRIDGE PROJECT AND REQUESTING PORTION OF THE FUNDING ASSIGNED TO THE PROJECT BE RELEASED TO THE DISTRICT 8 ROAD IMPACT FEE (RIF) FUND WHEREAS, the Interlocal Agreement creating and establishing the Metropolitan Planning Organization (MPO} for the Miami Urbanized Area requires that the MFO provide a structure to evaluate the adequacy of the transportation planning and programming process; and WHEREAS, the Transportation Planning Council (TPC} has been established and charged with the responsibility and duty of fulfilling the aforementioned functions; and WHEREAS, the TPC has reviewed the amendment to the FY 2f)O8 T1P, made a part hereof, and finds it consistent with the goals and objectives of the Transportation Plan for the Miami Urbanized Area, NOW, THEREFORE, BE IT RESOLVED BY THE TRANSPORTATION PLANNING COUNCIL OF THE METROPOLITAN PLANNING ORGANIZATION FOR THE MMI URBANIZED AREA: SECTION 1. That the attached amendment to the FY 2008 Transportation Improvement Program ('TIP) to remove the 23`d Street Bridge Project is hereby recommended for approval to the MPO Governing Board. SECTION 2. That portion of the $4,535,000 assigned to the project is released to the District 8 Road Impact Fee (RIP) fund, with the following funding set aside: ^ $600,000 for maintenance and repair of the Miami Beach 23'a Street Bridge ^ $700,000 for repair of the Washington Bridge The adoption of the foregoing resolution was moved by Mr. Gaspar Miranda. The motion was seconded by Mr. Fred Beckman, and upon being put to a vote, the vote was as follows: Jose-Luis Mesa, Chairman Jose Abreu Alice Bravo Subrata Basu Fred H. Beckmann Esther Calas William L. Cross Gary Donn Carlos Espinosa Jorge E. Hernandez 2008. -Aye -Aye (S. Harman) -Absent -Aye -Aye -Aye (G. Miranda} -Aye (J. Quinty) -Aye -Aye (J. Gonzalez) -Absent Bill Johnson Shari Karnali Harpal Kapoor Keven Klopp Bruce Offord Lilia Medina Jay Marder Clarance Patterson Javier Rodriguez Vivian G. Villaamil -Absent -Absent -Aye (A. Hernandez) -Aye -Aye -Aye (J. Gonzalez) -Aye (B. Pandya) -Aye (J. O'Brien) -Absent -Aye The Chairperson thereupon declazed the resolution duly passed and approved this 4`~ day of February '4~11:TR{)POLITA,~! PI:A(N~jNING t7-RC~'~!~fl"Lr1"I'1t)"~' I~I.P.t). _ iii! ~1lla _"y,. f7 ~t