Amendment No. 2 to the PSA with Kimley-Horn and Associates, Inc. DocuSign Envelope ID:2D0D120E-A738-4B8F-817C-01 DCDE94EAC5 Z 0 2. 1 r 31 V 2
DocuSign Envelope ID:AF5425EA-683F-4E3D-84FC-5C2571 B8ED59
AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
KIMLEY-HORN AND ASSOCIATES, INC.
PURSUANT TO RFQ 2015-115-JR
FOR PROGRAM MANAGEMENT SERVICES FOR AN INTELLIGENT
TRANSPORTATION AND PARKING MANAGEMENT SYSTEM
This Amendment No.2("Amendment")to the Professional Services Agreement("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, having its principal place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City"), and Kimley-
Horn and Associates, Inc.,a North Carolina corporation, having its principal place of business at
2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 (Consultant), is entered into this day
of , 2022. 12/22/2022 I 2:34 EST
RECITALS
WHEREAS, on October 23, 2015, the City and Consultant (collectively, the "parties")
executed the Agreement pursuant to RFQ 2015-115-JR, for an Intelligent Transportation and
Parking Management System for an Intelligent Transportation and Smart Parking System •
("ITS/SPS"),for an initial term of three(3)years and two(2)one-year renewal terms;and
WHEREAS,on September 16,2020, the Mayor and City Commission authorized a month-
to-month extension of the Agreement for a period of one year, which extension is set to expire
on October 22,2021; and
WHEREAS,on October 13, 2021, the Mayor and City Commission approved Resolution
No. 2021-31892, authorizing the City Manager to execute this Amendment, approving the
extension of the Term through a date that is six months from the City's acceptance of the
ITS/SPS,without exceeding the original not-to-exceed contract sum of$2,250,000.00; and
WHEREAS,Amendment No.1 to the Agreement was executed by the Consultant and the
City on May 25,2022;and
WHEREAS,the Exhibit B of the Agreement establishes Consultant's hourly billing rates
effective as of July 1,2015;.and
WHEREAS,the Exhibit B of the Agreement allows for hourly billing rates to be annually
adjusted, however,does not establishes the methodology associated with such adjustment; and
WHEREAS,over time, pursuant to the Consultant's request, the following adjustments to
the hourly billing rate were made,based upon the U.S.Bureau of Labor and Statistics Consumer
Price Index increases for All Urban Consumers:
o 1.4% rate increase effective July 1, 2016;
• 0 1.9% rate increase effective July 1, 2017;
• 1.8% rate increase effective August 1,2020; and
• 0.9% rate increase effective July 1,2021.
WHEREAS,recently,the Consultant requested an increase of 9.1% to the hourly billing
rates, effective retroactively to July 1,2022(the"2022 Rate Increase"),pursuant to the percentage
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of increase in the Consumer Price Index for all Urban Consumers(CPI-U): U.S.city average, all
items, unadjusted, for the twelve-month period ending in June,2022;and
WHEREAS,the new Exhibit B to the Agreement memorializes adjustments to the hourly
billing rates, which have been made over time, and further establishes the methodology for any
future adjustments, similar to the way the 2022 Rate Increase was calculated, without exceeding
the original not-to-exceed contract sum of $2,250,000.00, as set forth in Section 4 of the
Agreement.
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 strusk—trir-eugh and inserted items
undertinedl as follows:
(a) The City's billing address, as set forth in Section 4.3 of the Agreement(INVOICING),
is hereby modified as follows:
Manager
1700 Convention Center Drive
4"'4Jeef
City of Miami Beach
Transportation and Mobility Department
1700 Convention Center Drive, 3rd floor
Miami Beach, Florida 33139
Attn:Assistant Director
(b) The City's address, as described in Section 11 of the Agreement (NOTICES), is
hereby modified as follows:
TO-CITY:
4-7- ter Drive
4u'floow
Attr4isioi Ferrer Diaz, El,Transportation+
Manager-
TO CITY: City of Miami Beach
1700 Convention Center Drive, 3'd floor
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•
Transportation and Mobility Department
Miami Beach, Florida 33139
Attn:Assistant Director
(c) 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}
!i!
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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:
,—DocuSigned by:
gglfati
acauth
By: t.
irate :-bn—iado, City Clerk line T.Hudak, Ci Manager
• 12/22/2022 I 2:34 EST
Date
•
FOR CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC.
ATTEST:
DocuSigned by: r—(n-�DocuSigned by:
By ll ODOOS NJJcc +FmrnangaF7nnn
Secretary Vice President
George Balaban Jill capelli
Print Name Print Name
11/18/2022 1 10:09 AM EST
Date
•
APPROVED AS To
ccxxM LANGL'ACI
+) i EX ECUTlON
lAY"" "tr,22..
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EXHIBIT B-CONSULTANT HOURLY BILLING RATE SCHEDULE
Hourly Rates
Staff Category Effective Effective Effective Effective Effective Effective
July 1,2015 July 1,2016 July 1,2017 August 1,2020 July 1,2021 July 1,2022
Principal $230.00 $233.22 $237.65 $241,93 $244.11 $266.32
Senior Professional '$215 00:•' %F$218.01: $222:15.• :•$226.15 $228:19 -$248.95
Professional $160.00 $162.24 $165.32 $168.30 $169.81 $185.27
Senior Technical,Support $14000 $14196 ` ._' $144:66 $14T26 $148.59 .:, :, $162.11.
Technical Support $130.00 $131.82 $134.32 $136.74 $137.97 $150.53
Support Staff $60 00; $60.84 $62.00_ $63 11 $63 68
During the Term of this Agreement,the City Manager may, at its sole discretion, adjust the hourly
billing rates, based upon the percentage of change in the Consumer Price Index for all Urban
Consumers (CPI-U): U.S. city average, all items, unadjusted (CPI), for the twelve-month period
ending in June of a given year,with the effective date of adjustment to be the following July 1st of
the same year.
DocuSign Envelope ID:2D0D120E-A738-4B8F-817C-01DCDE94EAC5
DocuSign Envelope ID:C2C1F226-E76F-4D19-850D-715B11AE3ACC
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Amendment No.2 Kimley-Horn&Associates,Inc.
15-115-01 RFQ-2015-115-JR for Program Management Services for an Intelligent Transportation&
Parking Management System
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Jose R.Gonzalez,Transportation&Mobility Director '' Rickelle Williams,Assistant City Manager I pia_ ntia s
12/1/2022 (�'2"114 -EST 2/13/1022 (s lln3b9•••ES I
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Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
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On October 23,2015,the City and Kimley-Horn and Associates,Inc.executed an Agreement pursuant to RFQ 2015-115-JR for
Intelligent Transportation and Parking Management with a not to exceed project amount of$2,250,000.00.
Recently, Kimley Horn requested an increase of 9.1%to the hourly billing rates according to the increase in the Consumer
• Price Index(CPI)percentage.Exhibit B of the Agreement establishes the Consultant's hourly billing rates and allows the rates
to be adjusted annually.The Transportation Department has determined that the percentage increase is fair and reasonable
due to the inflation reported and has the budget to absorb the rate increase as these services are critical to finalizing the
project,effective retroactively to July 1,2022.
The City Attorney's Office has determined the City Manager may approve the rate increases providing that there is no increase
in the project amount approved by the City Commission(See Attachment A).The department has confirmed that the project
costs will not exceed $2,250,000.Therefore, based on the information stated herein,this item seeks the City Manager's
signature on the attached Amendment.
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10/23/2015 and shall expire six(6) The term shall expire on the day that is
months from the date on which the N/A six(6)months from the date on which
City accepts the ITS/SPS the City accepts the ITS/SPS.
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1 N/A Expenditures cannot be greater than the$2,250,000.00 Yes X No
approved by City Commission on October 13,2021.
2 Yes No
3 Yes No
1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed.
3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of jl
the annual adopted operating budget.
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City Commission Approved: Yes X No Resolution No.: CC Agenda Item No.: CC Meeting Date:
If no,explain why CC approval is not required:
The City Attorney's Office has determined the City Manager may approve the rate increases providing that there is no
increase in the project amount approved by the City Commission on October 13,2021.
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
• DocuSign Envelope ID:2D0D120E-A738-4B8F-817C-01DCDE94EAC5
DocuSign Envelope ID:C2C1F226-E76F-4D19-850D-715B11AE3ACC
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Procurement:Alex Denis 12/1/2022 I 10:C7Grgiis: N/A
A4.Rd,
Budget: Ck Information Technology: N/A
Risk Management: N/A Fleet&Facilities: N/A
Human Resources: N/A Other: N/A
DS
Reviewed by Monica Garcia
•
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