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97-22501 RESO RESOLUTION NO. 97-22501 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A THIRD AMENDMENT TO THE NORTH SHORE COMMUNITY IMPROVEMENTS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND KIMLEY-HORN AND ASSOCIATES, INC.; SAID AMENDMENT TO INCLUDE THE ARCHITECTURAL AND ENGINEERING SERVICES NECESSARY TO PREPARE THE PRELIMINARY CONSTRUCTION PLANS AND SPECIFICATIONS AND OBTAIN PRELIMINARY PERMITS FOR THE DEVELOPMENT OF A NORTH BEACH RECREATIONAL CORRIDOR PROJECT; AND FURTHER APPROVING $45,000 IN 1996-97 NORTH BEACH QUALITY OF LIFE FUNDS- OCEANFRONT RECREATIONAL CORRIDOR TO COVER THE AMENDMENT COST, WHICH FUNDS SHALL BE REIMBURSED BY 1998- 99 SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS, WHEN RECEIVED, WHEREAS, on December 5, 1990, the Mayor and City Commission approved Resolution No, 90-20184, authorizing the Mayor and City Clerk to execute an Agreement between the City of Miami Beach and Kimley-Horn and Associates, Inc., providing for professional engineering services for the North Shore Community Area Improvements (Agreement), in an amount not to exceed $277,810; and WHEREAS, on November 17, 1993, the Mayor and City Commission approved Resolution No, 93-20959, authorizing an increase in the Scope of Work (Amendment No.1) to the Agreement to provide engineering services for the inclusion of a series of City designed water main improvements into the project area, in an amount not to exceed $26,900; and WHEREAS, on November 17, 1993, the Mayor and City Commission approved Resolution No, 93-20960, authorizing an increase in the Scope of Work (Amendment No.2) to the Agreement to prepare and obtain State of Florida permits for the redesign of Ocean Terrace, from 73rd Street to 75th Street, in an amount not to exceed $26,000; and WHEREAS, certain architectural and engineering services are urgently needed to prepare preliminary construction plans and specifications for the development of a North Beach Recreational Corridor Project, and obtain preliminary Department of Environmental Resources Management (DERM) permits for the project; and WHEREAS, the additional services related to the North Beach Recreational Corridor Project are consistent with the original North Shore Agreement and constitute Amendment No, 3 to the Agreement; and WHEREAS, $45,000 is available in the 1996-97 North Beach Quality of Life Funds for Oceanfront Corridor purposes, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute a Third Amendment to the North Shore Community Improvements Agreement between the City of Miami Beach and Kimley-Horn and Associates, Inc.; said amendment to include the architectural and engineering services necessary to prepare the preliminary construction plans and specifications and obtain preliminary permits for the development of a North Beach Recreational Corridor Project; initially fund the $45,000 Amendment cost with 1996- 97 North Beach Quality of Life Funds-Oceanfront Recreational Corridor, which funds shall be reimbursed by 1998-99 Safe Neighborhood Parks Bond Program Funds, when received; and further authorize the Mayor and City Clerk to execute the Amendment, PASSED AND ADOPTED this the 10th day of September , 1997. ATTEST: ~r p~~ (nbrcdocs) APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION 0_ .a. 31M 7 ~;~ Date ' CITY CLERK aj CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci,miami-beach,fJ,us COMMISSION MEMORANDUM NO, 51. '2.-~1 TO: Mayor Seymour Gelber and Members of the City Commissi DATE: September 10, 1997 SUBJECT: A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BE CH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A THIRD AMENDMENT TO THE EXISTING NORTH SHORE COMMUNITY IMPROVEMENTS CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC,; SAID AMENDMENT TO INCLUDE THE ARCHITECTURAL AND ENGINEERING SERVICES NECESSARY TO PREPARE THE PRELIMINARY CONSTRUCTION PLANS AND SPECIFICATIONS AND OBTAIN PRELIMINARY PERMITS FOR THE DEVELOPMENT OF A NORTH BEACH RECREATIONAL CORRIDOR PROJECT; AND FURTHER APPROVING $45,000 IN 1996-97 NORTH BEACH QUALITY OF LIFE FUNDS-OCEANFRONT RECREATIONAL CORRIDOR TO COVER THE AMENDMENT COST, WHICH FUNDS SHALL BE REIMBURSED BY 1998-99 SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS, WHEN RECEIVED, FROM: Jose Garcia-Pedrosa City Manager ADMINISTRATION RECOMMENDATION Approve the Resolution, BACKGROUND Joint efforts by the City of Miami Beach and the North Beach Development Corporation (NBDC) have been in place to bring roadway, sidewalk, landscaping and other improvements and amenities to the North-Beach area of the City. Among these efforts, a basic concept was developed for a bicycle/pedestrian facility project utilizing a strip of beach land located west of the sand dunes and east of the private property line, from 60th Street to 75th Street. The conceptual project -known as the North Beach Recreational Corridor- was prepared by Kimley-Horn and Associates in 1993, and is herein attached, The total project is expected to cost $2.39 million, Using the conceptual plans, and authorized by City Commission Resolution No. 94- 21119, in May of 1994 the City submitted an application to the Metropolitan Planning Organization (MPO) and was awarded $1.39 million in Federal ISTEA Enhancement DATE C1G <1,)O.~'" AGENDA ITEM program funds toward the Corridor construction cost. The $1 million balance needed to complete the $2,39 million total project cost will now be covered by proceeds from the Dade County Safe Neighborhood Parks Bond Program (SNP), The $1.39 million in Federal funds are scheduled in the Transportation Improvement Program (TIP) of Dade County for construction in 1998-99, The $1 million in SNP Bond funds will be received in two installments, in 1997-98 and 1998-99. ANAL YSIS Since the Corridor concept was developed by Kimley-Horn and Associates, and since this firm is presently under contract with the City for the on-going North Shore Community Improvements Project, the Administration is proposing a third amendment to Kimley-Horn's contract to include the work outlined by the Scope of Services, attached herein as a part of the proposed Amendment. A brief history of the North Shore Community Improvements Agreement follows: ~ Agreement approved by Resolution No. 90-20184 of 12/05/90 at $277,810 ~ Amend, #1 approved by Resolution No. 93-20959 of 11/17/93 at $ 26,900 ~ Amend, #2 approved by Resolution No. 93-20960 of 11/17/93 at $ 26,000 ~ Amend, #3 proposed herein, in the amount of $45,000, The proposed amendment is allowed by and meets the requirements of Subsection 2,2,12" Additional Services, of the original Agreement with Kimley-Horn, which Subsection is herein attached. The Corridor Project was not included in the original Agreement (1 2/5/90) because, at that time, all federally-funded projects could ~ be planned and constructed by the Florida Department of Transportation (FDOT), Subsequently, the City applied for and received a Local Agency Program (LAP) Certification from FDOT (6/27/96), which presently allows the City to plan, bid out and construct certain federally-funded Miami Beach projects, such as this one, Now, the City proposes to take over the preliminary planning/permitting phase, as follows: Phase I. The Preliminary Architectural/Engineering and Permitting Services which the Administration proposes to be provided by Kimley-Horn are the following: ~ Pre-design phase services, ~ Identify and coordinate needed survey modifications, ~ Resolve right-of-way issues, with City assistance, ~ Respond to a list of questions posed by FDOT, with City assistance, ~ Preliminary project permitting from Florida Dept, of Environmental Protection, ~ Preparation of preliminary construction document plans and specifications, ~ Provide copy of AutoCAD dyskette for work done (survey/preliminary drawings), ~ Provide one set of reproduceable Mylars, ~ Prepare the Project Prospectus required to request a LAP Agreement with FDOT for the transfer of the Federal dollars to the City. The Scope of Services for this amendment is herein attached as part of the proposed Amended Agreement, Using the preliminary plans and specifications prepared under the proposed amendment, the City will issue Request for Proposals (RFP) as required by City, State, and Federal regulations for the subsequent project phases, as follows: Phase II. Final Design and Engineering Services; and Phase III. Corridor Construction. Early next year, the City and FDOT will execute a LAP Agreement for Phases II and III of the project, thereby guaranteeing the City's incremental reimbursement by the $1,39 million ISTEA grant, Funding for this Proposed Contract Amendment: Initially, the $45,000 cost of this amendment to the Kimley-Horn contract will be funded by the 1996-97 North Beach Quality of Life Funds-Oceanfront Corridor, Subsequently, the North Beach account will be reimbursed by a two-year funding to be received from proceeds of the Dade County Safe Neighborhood Parks (SNP) Bond Program, the first installment of which is due in FY 1997-98. Funding for the entire Corridor Project: The advent of the SNP Bonds as an additional funding source for the Project, at $1 million, has 1) relieved the City of its original 20%-plus matching obligation to the $1 ,39 million in Federal dollars, and 2) provided the additional funds needed to cover the estimated $2.39 million total project cost. CONCLUSION The property owners along the beach and NBDC are committed to this bicycle/pedestrian Corridor project and are anxious to see it implemented in 1998-99, as scheduled by the Dade County TIP, Only if Phase I. Preliminary Design/Permitting is done through an amendment to the Kimley-Horn contract, will the City be able to meet the following project development schedule: Project Development Beginning Date Ending Date * Phase I. Preliminary Design RFP for Phase II. Plans Phase II. Final Design/Eng. RFP for Phase III. Construct. Phase III. Construction October 1997 January 1998 March 1 998 December 1 998 March 1999 December 1997 February 1 998 November 1998 February 1999 November 1999 * Only Phase I. is part of the proposed amended contract with Kimley-Horn. JGP/~J/aj (nbrcdocs) THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR THE NORTH SHORE COMMUNITY IMPROVEMENTS PROJECT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA (CITY) AND KIMLEY -HORN AND ASSOCIATES, INC, (CONSULTANT) TO INCLUDE PRELIMINARY ARCHITECTURAL AND ENGINEERING SERVICES FOR THE NORTH BEACH RECREATIONAL CORRIDOR PROJECT. THIS Third Amendment to Agreement made this 10th day of September 1997 by and between the CITY OF MIAMI BEACH, FLORIDA, hereinafter called the "City," which term shall include its officials, successors, legal representatives, and assigns, and KIMLEY-HORN AND ASSOCIATES, INC., hereinafter called the "Consultant. " WITNESSETH: WHEREAS, on December 5, 1990, the Mayor and City Commission approved Resolution No. 90-20184, authorizing the Mayor and City Clerk to execute a Professional Services Agreement between the City and Consultant regarding the North Shore Community Area Improvements (Agreement); and WHEREAS, pursuant to the Agreement, the Consultant was paid a fixed fee of $277,810.00 for the Scope of Work and Services required pursuant to Exhibit" A" of the Agreement; and WHEREAS, the parties now wish to amend the Agreement, specifically with regard to the Scope of Work and Services in Exhibit" A" to include the architectural and engineering services necessary to prepare the preliminary construction plans and specification and obtain preliminary permits for the development of a North Beach Recreational Corridor Project; and WHEREAS, the Amendment would also increase the fixed fee paid to Consultant under the Agreement by $45,000.00, NOW THEREFORE, the Agreement is hereby amended as follows: 1. Exhibit" A", entitled "Scope of Services," is amended to include the additional scope of work required by the City from Consultant regarding the North Beach Recreational Corridor Project and attached hereto as Exhibit "A-1 . " 2, Schedule "A" of the Agreement, entitled "Professional Services Fees and Reimbursable Allowance" shall be amended to include the additional fee payable to Consultant, in the amount of $45,000,00, as required for completion of the additional work set forth in Exhibit" A-1 , " 3. The professional services contracted by this Amendment, and set forth In Exhibit" A-1 ," shall be completed prior to the end of 1 997. 4, All other terms and conditions of the Agreement between the City and Consultant shall remain the same in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to the Agreement to be executed by their duly authorized officials on the day first above indicated. ~J- ~CiAck CITY CLERK CI r OF MIAMI BE ATTEST: --., KIMLEY- 0 N AND ASSOCIATES, INC. Corporate Seal: APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION a-~-'? Date (nbrcdocs) aj ~=n Kimley.Horn and Associates, Inc, Mr. Mavrogenes, August 15, 1997, Pg 2 Exhibit" A-I" Scope of Services The proposed scope of services is based on the following assumptions: One: Project design shall be based on the Preliminary Feasibility prepared by our office in 1993, Two: The length of the corridor is to extend south of the 65th Street Park approximately 1 ,000 feet in order to access interested property owners identified by the NBDC, Three: Resolution of Right-Of-Way issues will be coordinated with City assistance, Four: Funding for construction has been allocated by the FDOT and by the SNP Bond Program, Five: The FDEP has expressed a willingness to waive the following line item requirements of the Coastal Construction permit application, per our telephone conversation with FDEP officials during late December 1995: #10,11.24,11.27,11.31,11,34, 11.35 (as discussed with the FDEP), Six: The recorded surveys of the Miami Beach Erosion Control Line and the Dade County Coastal Construction Control Line performed by The City of Miami Beach will need to be modified according to FDEP guidelines for permitting projects within the Coastal Construction Line, The modifications required to that survey as identified below will be prepared by The City of Miami Beach or by the Consultant as an additional service, The survey modifications have been based on our recent discussions with FDEP and review of the survey as prepared by the City of Miami Beach for the project area, Survey Modifications · The CCCL needs to be tied to the following monuments with State Plane coordinates (87-91-DA 14 thru 87-91-DA 18) Survey must show the location of the following monuments: (R- 41 thru R-45, T-46 and T-47) · Survey should show current cross sections at the "T" and "R" monuments and at each location where the proposed construction will take place, ~=n Kimley-Horn and Associates, Inc, Mr. Mavrogenes, August 15, 1997, Pg 3 · The seasonal high water I ine and existing structures east of the buildings and walls, (sidewalks etc,) should be given, · Establish horizontal and vertical control and details where proposed improvements are going with a topography grid at 50'x50', Task One: Pre-design Phase Services This task shall include the services necessary to initiate project design and shall include: 1,1 Attendance at a project kick-off meeting to identify key issues, clarify areas of responsibility, and review the project schedule, 1,2 Collection and review of relevant existing base information as pro- vided by the City, 1.3 Attendance at up to three (3) meetings with property owners along the corridor (as determined necessary), in order to review the project benefits and facilitate local support. Task Two: Survey Coordination 2,1 Coordinate the necessary additional information as identified above under Survey Modifications with the City of Miami Beach 2,2 Input the final survey into an AutoCAD format acceptable for our production of the Preliminary Construction Documents, Additionally, the Consultant will deliver to the City the final survey on disk as well as on reproducible media, Task Three: Preliminary Project Permitting 3, 1 The Consultant will prepare documentation to support the development of preliminary plans required as a part of the Coastal Construction Control Line permit application, Approval from the Florida Department of Environmental Protection (FDEP) is required prior to construction of the proposed corridor improvements, The intent of this pre-application process is to streamline the permitting process for this project. 3,2 We will conduct preliminary coordination with the FDEP regarding the proposed construction activities and seek input regarding the likelihood of permit approval, ~=n Kimley-Horn and Associates, Inc, Mr. Mavrogenes, August 15. 1997. Pg 4 Task Four: Preparation of Phase I Construction Document Plans Based on the Pre-design Phase, the Consultant shall proceed with the preparation of Phase I of the Construction Documentation Plans, Plans shall be prepared within an AutoCAD format at a scale of I" = 20' and include the following: Sheets Phase I 4,1 Preliminary Horizontal Control Plans which will identify 18 hardscape and softscape improvements 4,2 Enlargements of Preliminary Improvements at Beach Portals 5 and Public Parks, The preliminary plans package will be submitted to the City for review and comment prior to proceeding, Additionally, the plans will be reviewed with the relevant permitting agencies and with the NBDC in a special workshop meeting with interested property owners, Revised estimates of probable construction cost will be prepared, Additionally, with the City's assistance, the Consultant will prepare the following: 4,3 Respond to questions identified by FDOT regarding the overall "permitability" and ""constructability"" of the project. 4.4 Prepare the "Project Prospectus" as required and attached within this document. 4,5 Deliver the schematic design as identified within 4,1 and 4,2 to the city on disk and reproducible media, Schedule The Scope of Services will be accomplished in accordance with a mutually acceptable schedule for the completion of the Preliminary Construction Documentation Plans Package, Based on our previous work experience, it is estimated that the scope of services can be completed within 90 days, net of agency reVIew, ~=n Kimley-Horn and Associates, Inc, Mr. Mavrogenes, AugUSI15, 1997, Pg 5 Fee The Consultant will perform the services identified within Tasks One through Four for a lump sum fee of $45,000 (forty-five thousand dollars), including reimbursable expenses as identified herein, estimated at $2,500 (two thousand five hundred dollars), The estimated effort per task has been provided below for budget purposes only, Task/Work Item Fee Estimate Task One: Pre-design Phase Services Task Two: Survey Modifications Task Three: Preliminary Project Permitting Task Four: Phase I Preliminary Construction Documentation Plans Expenses $ 7,500 $ 4,500 $ 6,000 $ 24,500 $ 2.500 Total $ 45,000 Any and all special provisions pertaining to this Supplemental Agreement shall be as set forth in the Master Contract between the Consultant and the City of Miami Beach, CLOSURE In addition to the matters set forth herein, our agreement shall include, and shall be subject to, the Standard Provisions of the Master Agreement between the Consultant and the City, The term "the Client" as used in the Standard Provisions shall refer to the City of Miami Beach, ~ (:) ~-- Cl._ 0: :.1...J ..::r C) C") [ 0 r-- 0,; (,.,r) ._~- W %: ;1 > c.. t:o.:':( .. W '.-"--- 0: ~~ r w 0- ..,( 0:: l...tJ ....-~- C/) _,I c::: ',',j r- LLJ i./) en ::',. UJ ;,,~. J 1'-,..- LJ 1".._"- L'l... ~=~ Kimley-Horn and Associates, Inc, RECE\VED 91 ~UG \ S PI" \2: 3h ," \1" . "ct' \'(fl,\{V ~~~~kRJ)t~\O~~ISf-:RV. DEPi August 15, 1997 Mr, Harry Mavrogenes Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 RE: North Beach Recreational Corridor Dear Mr. Mavrogenes: As requested, I have prepared the following proposal for the architectural and engineering services necessary to prepare preliminary construction plans and specifications for the development of the North Beach Recreational Corridor, In order to expedite the initiation of these services, this proposal amends Kimley-Horn's existing Northshore Community Improvements Contract, Project HN-429 with the City of Miami Beach, which authorizes additional services for projects within the North Beach area (Article 2,2 Additional Services, Section 2,2,12), Attached Exhibit" A-I" is our proposed scope of serVIces, We appreciate this opportunity to be of service, Please contact me if you have any questions, Cordially, KIMLEY-HORN AND ASSOCIATES, INC. cc: Amelia Johnson - The City of Miami Beach . TEL 305 868 5909 FAX 305 868 6024 . Villa 6 6605 Collins Avenue Miami Beach, Florida 33141