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HomeMy WebLinkAboutAmendment No. 6 to the Agreement with Kimley-Horn and Associates, Inc.Docusgn Enve ,x ID:4064F373-2252-BAFBAIAF-6aF255994255 ZO L 4 D.nEn I.mID: 720F7E0aaDA1-6C2"2D14EF62FAE2DV AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND KIMLEY-HORN AND ASSOCIATES, INC. PURSUANT TO RFO 2015-115-JR FOR PROGRAM MANAGEMENT SERVICES FOR AN INTELLIGENT TRANSPORTATION MANAGEMENT SYSTEM AND PARKING MANAGEMENT SYSTEM This Amendment No. 6 (the "Amendment") to the Professional Services Agreement (as amended by Amendments 1-5, the "Agreement"), dated October 23, 2015, by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (the "City), having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139, and Kimley-Horn and Associates, Inc., a North Carolina corporation ("Consultanr), whose address is 1221 Brickell Avenue, Suite 400, Miami, Florida, is entered into this _ day of 7/l/202614:64 E=26, and is retroactively effective as of October 1. 2025, RECITALS WHEREAS, on October 23, 2015, the City and Consultant executed the Agreement pursuant to RFO 2015-115-JR, for Program Management Services for Intelligent Transportation and Parking Management System, for an initial term of three (3) years with two one (1)-year renewal options; WHEREAS, on October 13, 2021, the Mayor and City Commission adopted Resolution No. 2021.31892, authorizing the City to execute Amendment No. i to the Agreement, extending the term of the Agreement through a data that is six (6) months from the Citys acceptance of the completed Project, without exceeding the original approved not -to -exceed contract cap of $2,250,000.00, which Amendment No. 1 was executed by the City and Consultant on May 25, 2022; WHEREAS, on December 22, 2022, the City and the Consultant executed Amendment No. 2 to the Agreement to incorporate and memorialize the following hourty rate adjustments that, over time, were implemented at the Consultant's request and based on the U.S. Bureau of Labor Statistics Consumer Price Index increases for All Urban Consumers (CPI-U) in Exhibit B: • 1.4% rate increase effective July 1, 2016; • 1.9% rate increase effective July 1, 2017; • 1.8% rate increase effective August 1, 2020; • 0.9% rate increase effective July 1, 2021; and • 9.1% rate increase effective July 1, 2022; WHEREAS, on May 22, 2024, the City and Consultant executed Amendment No. 3 to the Agreement, increasing the hourly billing rates by 3.7% in accordance with the percentage of increase in the CPI-U, effective retroactively to October 1, 2023, without exceeding the original approved not -to -exceed contract cap of $2,250.000.00; WHEREAS, on June 26, 2024, the Maya and City Commission adopted Resolution No. 2024-33151, authorizing the City Manager to execute Amendment No. 4, increasing the original approved not -to -exceed contract sum from $2,250,000.00 to $3,250,000.00, subject to funding approval as part of the FY 2024 Capital Budget; Dp sigo Envelope 10: 4a64F313-2252-8AF"1AF-B8F21359B4255 Dowsign Envelope ID:]MFIE06WA1-9C25 014EF62FAE2DE7 WHEREAS, on June 9, 2025, the City and Consultant executed Amendment No. 5 to the Agreement, increasing the hourly billing rates by 2.6% in accordance with the percentage of increase in the CPI-U, effective retroactively to October 1, 2024, without exceeding the not -to -exceed contract cap of $3,250,000.00; WHEREAS, recently, the Consultant requested an increase of 3% to the hourly billing rates, effective retroactively to October 1, 2025 (the "2025 Rate Increase'), pursuant to the percentage of increase in the CPI-U; and WHEREAS, the revised Exhibit B to the Agreement, attached hereto, memorializes the 3% increase adjustment to the hourly billing rates, without exceeding the not-toexceed contract sum of $3,250,000.00. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable Consideration, the sufficiency of which is hereby acknowledged, the City and Consultant hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and Correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified (deleted items and inserted items underlined) as follows: (a) Exhibit B of the Agreement (CONSULTANT HOURLY BILLING RATE SCHEDULE) is hereby deleted in its entirety and replaced with the new Exhibit B, attached hereto. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 2 of 4 Dowsign Envebpe ID: 4064F373-2252-BAF68IAF.BBF2B59B4255 Do.s,, Envelope to 720F7E00-B0A1-8C2"21DNEF62FA M7 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: eo:Gu'ae„wW: raywr.i.'E 6rAH44�e By Rafael ranado, City Clerk Eric T. Carpe er, City Manager 7/1/2026 14:54 EDT Date KIMLEY-HORN AND ASSOCIATES, INC. ATTEST: ATTEST: rPI.YLjsq„w rw�.-e—a,r� Ui _ By: swu 111 .. l wawa® -"Mature Authorized Signature Eli Perez Associate Sill Capelli, P.E senior vice President Print Name and Title Print Name and Title 3/31/2026 1 3:04 W EDT Date APPROVED AS TO FORM & LANGUAGE [I& FFO�R�EXECUTION AL Nen 41 *City Attorney x, Dat Page 3 of 4 Decusign Envelops ID: 4064F37}2252-8AF641AF-B8F285984255 Daaeign Ern lape ID: 720FMOD-BDA1-SG25821DI4EFa2FAE21DE7 EXHIBIT B - CONSULTANT HOURLY BILLING RATE SCHEDULE Hcurly Rates staff category Effective July 1, 2015 Effect" July 1, 2016 Effective July 1, 2017 Effect* August,, 2020 Effective July 1, 2021 Effective r Effective July 1, 'OdoDerl, 2022 2023 Effecive Ocloberl, 2724 Effective Octobarl, 225 Pnnd l $=.00 $233.22 E237.65 $244,11 $2.32 $276.17 $286.39 $9.85 Professional $215.00 $218.01 $2215 $2.19 $248.95 E2588 $284.87 f22.e2Senior Professiorel $16000 $18224 165.32 $16981 $185.27 $192,12 $197,12 $203.03 Senor Technical Support $140,00 $141.90 $44.86 d $148.59 $16211 $168.11 $117248 $177.65 TSeucanidca5l . ' $13000 $13182 E $1311.74$137.97 $1W.53 $156.10 $16016 $1696 1Sau8 _ $60.00 $6084 $6.00 SM.68 $89.67 $72.04 $73,91 $78.13 On or about the anniversary of each contract year, Consultant may request, and the City Manager may approve, a cost adjustment based on documented cost increases for the following contract year. Cost adjustments should be limited to changes in the applicable Bureau of Labor Statistics index for the local region or other verifiable evidence of price increases. The Consultant's adjustment request must substantiate the requested increase. The City, through its City Manager, reserves the right to approve a requested adjustment or may terminate the Agreement and readvertise for bids for the goods or services. Page 4 of 4 Docusign Envelope ID: 4064F373'2252- AF6-81AF-B8F2B59B4255 Dosysign Envebpe ID: n0F7E00-BDA1-K2"201-4EF82FAE2DE MIAMIBEACH Contract/Document Pouting Form RFQ 2015-11SIR/15-i1S01 Amendment No. 6 to the Program Management graces roar an M—a-ment wnvm & Parkin Management Svpem Agreement Ind R_ GmnzdleL P. E. r "T,-' aRa111919.22 EDT l David Martin , P.E. `V.4 M,,, arNrtp281 9:32 EDT On October 23, 2015, the City of Miami Beach ("the City) and Kimley-Horn and Associates, Inc., executed an Agreement pursuant to RFQ 2015-115-JR for the Intelligent Transportation and Smart Parking System project ("OS/SPS" or "Project"), with a project amount not -to -exceed $2,250,000. On October 13, 2021. the Mayor and City Commission approved Resolution No. 2021-31892, authorizing the City to execute Amendment No.1 of the Agreement, approving the extension of the term through a date that is six (6) months from the City's acceptance of the project without exceeding the original not-toexceed amount of $2,250,000. On December 22, 2022, the City Manager approved the Consumer Price Index ("CPI") request submitted by Kimley-Horn & Associates, Inc., for an increase of 9.1% to the hourly billing based on the CPI percentage to be effective July 1, 2022, This approval resulted in Amendment No. 2 to Contract No. 15-115-01 for Program Management Services for an Intelligent Transportation Management System & Parking Management System. On May 22, 2024, the City Manager approved the Consumer Price Intlex ("CPI") request submitted by Kimley-Horn & Associates, Inc., for an increase of 3.2%to the hourly billing rates based on the CPI percentage to be effective October L 2023. This approval resulted in Amendment No. 3 to Contract No. 15-115-01 for Program Management Services for an Intelligent Transportation Management System & Parking Management System. On June 26, 2024, the Mayor and the City Commission adopted Resolution No. 2024-33151, authorizing the City Manager to execute Amendment No. 4, increasing the original approved not -to -exceed contract sum from $2,250,000.00 to $3,250,000.00. On June 9, 2025, the City Manager approved the Consumer Price Index ("CPI") request submitted by Kimley-Horn & Associates, Inc., for an increase of 2.6%to the hourly billing rates based on the CPI Percentage to be effective October 1, 2024. This approval resulted in Amendment No. 5 to Contract No. I5-115-01 for Program Management Services for an Intelligent Transportation Management System & Parking Management System. On October 24, 2025, Kimley-Horn & Associates, Inc., requested a 3% increase in hourly billing rates, effective retroactively to October 1, 2025, pursuant to the Consumer Price Index ("CPI") increase. Pursuant to the authority established in the Resolution, this item seeks the City Managers signature. The Transportation & Mobility Department (the Department) reviewed the CPI increase and confirmed the impact will not exceed the "not- toexceed" contract Sum of $3,250,000.00. Although this will result in Contract Amendment No. 6, no change order will be required at this time, and the ' ting encusinbrancit will absorb the budget impact of the rate Increase effective retroactively to October L 2025 as these services are critical to finalizing the project. Docusgn Envelope ID: 4084F373-22524AF6-8f AF-B8F2B59B4255 Doorsign Envelope 10'. 720FTEOD-BDAI-Bc2S02D1 4EF02FAE2OE7 10/13/2021 Reso No. 2021-3102 amended to,=Me 10/23/2015 and shall e>�Ire (61 months from the J r N/A tern of Me Agreement To a dam, six (6) monNs beyarM Me date on which Me Oty aomp,#m Me ITS/SP Dt s acceptance of the Project Gram Funded: IYes X Np SbteI federal Other: 2026 Expenditure cannot be greater Man Me 15]-9615-IJ6935]-3D41&OODODOD-00-28W Yes M No S3,250,000.00 adopted by the Oty Commission on June 26, 2024, pursuant 1 to Resolution No. 2024-33151 1. For commas longer than fivayears, comad the Procurement Dapartmern. 2. Attach any supporting explanation needed. 3. gutlget approval indicates approval To, the extreme Raul year only. N,am years are su*d To Cep Com els0on approval of Me annual aftlated "awaiting et at, Commission Approved: X Yes No Resolutlon No.: CCA rxla Nem No.: ahleethy Date: 202/-33151 R]L 61ZW2024 If no, explain why CC approval IT not reeulred: The Co, Attorneys Office has determined tot City Manager may approve Me rate Increases provided that Mere is no Income, in the project amount approved bythe Cry Commission on June 26, 2024. Lepl Form Approved: X Ye No Ifno, explain below whyform approval is not rannesary: by: G@Dts. N/A x fll9`v/a008331 EDT bv: ulge for 7�AnaW WMW61915EDT 7,_ rcia nt Director a 64402119:19 EDT alvrt:,� Kyle Teijelm 645Rp1811 M EDT ��A�� IMonnation N/A Techrmkwv: Budget Director: a/M02551832 EDT Tameka Otto Stewarc0.Y. SIw.d R'ik Management: N/A FIexN/A Marc Chevalier P oa .IK.e: InsuranceTwe, Human lleawmes' N/A Doter: N/A