PSA with Kimley-Horn and Associates, Inc. Pl ° 1s'-79og y.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
KIMLEY-HORN AND ASSOCIATES, INC.
FOR
PROGRAM MANAGEMENT SERVICES PURSUANT TO
RFQ 2015-115-JR PROGRAM MANAGEMENT SERVICES FOR AN INTELLIGENT
TRANSPORTATION MANAGEMENT SYSTEM AND PARKING MANAGEMENT
SYSTEM
This Professional Services Agreement ("Agreement") is entered into this 23rd day of
October, 2015, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and Kimley-Horn and
Associates, Inc., a North Carolina corporation, whose address is 1221 Brickell Avenue,
Suite 400, Miami, FL 33131(Consultant).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or
undertaken pursuant to the Agreement.
Fee: Not to exceed amount paid to the Consultant pursuant to this
Agreement.
Proposal Documents: Proposal Documents shall mean City of Miami Beach RFQ No. 2015-
115-JR for Program Management Services for Intelligent
Transportation Management System and Parking Management
System, together with all amendments thereto, issued by the City in
contemplation of this Agreement, (the RFQ), and the Consultant's
proposal in response thereto (Proposal), all of which are hereby
incorporated and made a part hereof; provided, however, that in the
event of an express conflict between the Proposal Documents and this
Agreement, the following order of precedent shall prevail: this
Agreement; the RFQ; and the Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673-7000, Ext. 6435: and fax number (305) 673-7023.
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Consultant Service Order:"Consultant Service Order" shall specifically describe and delineate
the particular services which will be required of Consultant for the
particular project that is the subject of such Order.
SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall
provide the work and services described in Exhibit "A" hereto (the Services).
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in the Consultant Service Order..
2.3 Consultant shall only commence any services, or portions thereof, upon issuance of a
Consultant Service Order by the City.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, and shall have an initial term of three (3) years, with a two (2), one (1)-year
renewal options, to be exercised at the City Manager's sole option and discretion, by
providing Consultant with written notice of same no less than thirty (30) days prior to the
expiration of the initial term.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the
Services, as same is/are set forth in the timeline and/or schedule referenced in a Consultant
Service Order.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated,
through individual Consultant Service Orders issued for a particular project, on a "fixed
fee" or "not to exceed" basis. Notwithstanding the preceding, the total Fee paid to Consultant
pursuant to this Agreement shall not exceed the sum of $2,250,000; and, provided further
that such Fee shall be subject to funds availability approved through the City's budgeting
process.
4.2 The City shall pay the Consultant the "lump sum" amount identified in the Consultant
Service Order based on the Consultant's hourly rates set forth in Exhibit B, attached hereto,.
Other direct expenses will be billed at 1.00 times cost. All permitting, application, and similar
project fees will be paid directly by the City. Approved additional services shall be
compensated in accordance with the hourly rates set forth in Exhibit C. Consultant shall not
commence any additional services unless approved, in writing by the City. Any request for
payment of approved additional services shall be included in a Consultant payment request.
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4.3 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty
(30) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided,
and shall be submitted to the City at the following address:
Attn. Josiel Ferrer-Diaz, El, Transportation Manager
City of Miami Beach
1700 Convention Center Drive
Transportation Department
4th Floor
Miami Beach, Florida 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through
its City Manager, shall thereupon have the right to terminate this Agreement for
cause. Prior to exercising its option to terminate for cause, the City shall notify the
Consultant of its violation of the particular term(s) of this Agreement, and shall grant
Consultant ten (10) days to cure such default. If such default remains uncured after
ten (10) days, the City may terminate this Agreement without further notice to
Consultant. Upon termination, the City shall be fully discharged from any and all
liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall be entitled to bring any
and all legal/equitable actions that it deems to be in its best interest in order to
enforce the City's right and remedies against Consultant. The City shall be entitled to
recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE
CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
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The City also reserves the right to terminate the Agreement in the event the
Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers
and employees, from and against any and all actions (whether at law or in equity), liabilities,
losses, and expenses, including, but not limited to, reasonable attorneys' fees and costs, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, which
may arise from the negligent acts, errors, omissions or other wrongful conduct of the
Consultant, its officers, employees, agents, contractors, or any other person or entity acting
under Consultant's control or supervision, as a result of the Consultant's performance of the
Services pursuant to this Agreement.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the City
to the Consultant for the Consultant's indemnity agreement. The provisions of this Section
6.1 and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following insurance:
1. Consultant General Liability, in the amount of$1,000,000;
2. Consultant Professional Liability, in the amount of$200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+"
as to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificate for General Liability shall include the City as
an additional insured and shall contain a waiver of subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the
Risk Manager. The City shall have the right to obtain from the Consultant specimen copies
of the insurance policies in the event that submitted certificates of insurance are inadequate
to ascertain compliance with required coverage.
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The Consultant is also solely responsible for obtaining and submitting all insurance
certificates for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities
and obligations under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Consultant and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$100,000, less any fee actually paid to Consultant under this Agreement. Consultant hereby
expresses its willingness to enter into this Agreement with Consultant's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of
$100,000, less any fee actually paid to Consultant under this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount
in excess of $100,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement, less any fee actually paid to Consultant under this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
[INTENTIONALLY DELETED]
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•
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement. Consultant shall maintain any and all such records at its place
of business at the address set forth in the "Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETED]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form
PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity
Crimes with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial
status, or age.
10.6 CONFLICT OF INTEREST
The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, directly or indirectly, which could conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of
this Agreement, Consultant shall not knowingly employ any person having such interest.
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this Agreement, Consultant shall not knowingly employ any person having such interest.
No member of or delegate to the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT: Kimley-Horn and Associates, Inc.
1221 Brickell Avenue, Suite 400
Miami, Florida 33131
Attn: Jill Capelli, PE, Project Manager
TO CITY: City of Miami Beach
1700 Convention Center Drive
Transportation Department
4th Floor
Miami Beach, Florida 33139
Attn: Josiel Ferrer-Diaz, El, Transportation
Manager
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
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If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law;
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
d) Meet all requirements for retaining public records and transfer to the City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Consultant upon
termination of this Agreement. Upon termination of this Agreement, the Consultant
shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must
be provided to the City in a format that is compatible with the information technology
systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing software,
or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of official
business of the City.
Consultant's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Consultant does not comply with the public records disclosure requirement
set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole
discretion, avail itself of the remedies set forth under this Agreement and available at law.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
41d Ci y Clerk May.
Date: i40V 1 - 211 -
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EXHIBIT A — SCOPE OF SERVICES
Project Understanding
The City and the Consultant desire to set forth the general terms and conditions whereby Kimley-
Horn, will be engaged to provide professional consulting services on one or more Projects (with
respect to each engagement"the Project"), with the specifics of each engagement to be set forth in
an executed Consultant Service Order("CSO").
Program Management activities include, but are not limited to, the visioning, planning, budgeting,
scheduling, programming, stakeholder coordination, reporting to the City, oversight of the design,
construction, operation, maintenance, integration, start-up and occupancy of the Traffic Management
Center(TMC), and other program management duties required to implement the Intelligent
Transportation System (ITS) and Smart Parking System programs. Kimley-Horn will provide the
services set forth below through separately executed CSOs with compensation stated in the CSO.
The below scope of services for the program is summarized from the Request for Qualifications
(RFQ) Program Management Services for an Intelligent Transportation Management System and
Smart Parking System (2015-115-JR) issued on March 20, 2015.
The tasks included in the Scope of Services outlined below includes the provision of program
management services, as required, to facilitate the designing, furnishing, installing, maintaining, and
operating of each of the following:
o ITS elements such as Dynamic Message Signs (DMS), Bluetooth/Wi-Fi Receivers, Closed
Circuit Television (CCTV) cameras, and Adaptive Traffic Signal Control (ATSC);
• Smart Parking System (SPS) elements such parking space occupancy detection devices,
DMS management, parking facility information provider applications, and other desired
parking features;
• A Transportation Management Center(TMC) to monitor and operate ITS and SPS system
elements; and
® Network facilities as required for ITS and SPS components center-to-field communication.
TASK 1 : PROJECT PLAN
In coordination with the financial capabilities of the City, its site selection efforts, and its goals for
deployment of the Project, the"Consultant" will develop a Project Plan defining the overall Project and
organizing Project components to accomplish the services.
In order to develop the Project Plan, the "Consultant"will work with City identified stakeholders to
recognize and document the requirements, goals, and objectives of the overall Project. The initial
goals and objectives shall be initially advanced to a conceptual plan, and then further advanced to a
formal Project Plan. The resultant Project Plan will firmly establish and document the overall
requirements and components of the Project to the City.
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The Project Plan is anticipated to designate with specificity the types of devices and systems to be
deployed as part of the Project. It is further anticipated that the field component of the Project Plan
will be detailed to the approximate device placement level along with Projected quantities. The work
discussed in this section of the Project shall be conducted in sufficient detail that the"Consultant" can
produce a realistically accurate budget for the Project.
As part of Project Plan development, the overall Project will be carefully analyzed by the "Consultant"
and broken down into a series of recommended component Projects to be documented. The Plan will
recommend appropriate implementation and procurement methodology for each of the established
components. For example, subsequent to review and approval of the City, it may be decided that
certain aspects of the Project should be accomplished by Design/Build, some by Design/Bid/Build,
and some aspects to be completed in-house by City personnel. The current interest of the City is to
procure the deployment of the system via Design/Build/Operate/Maintain process.
The Project Plan will include a Project Schedule according to established component Projects and
organized into tasks and milestones. The"Consultant" may use Microsoft ProjectTM to initially
develop, and subsequently maintain the resultant schedule throughout the life of the Project. The
Project Schedule tasks and milestones may include programming, site selection, surveying,
engineering services, architectural/engineering design services, communications systems design and
implementation, regulatory approvals, permitting, construction, training, delivery and set-up of
ordinary and specialized systems, furnishing and equipment, occupancy, testing, burn-in, and
systems start-up and uninterrupted switch over from current operations.
The Project Plan may also include a comprehensive Project Budget and Project Funding Plan,
coordinated with the City's financial capabilities in time, and the aforementioned Project Schedule.
This Plan will delineate the various costs of design services, testing and surveying, permits and fees,
equipment and furnishings, technical, communications systems, and all other cost components
necessary to complete the Project and place it into service. Cost components for the Project Budget
will be escalated forward in time in accordance with the Project Schedule to the time at which these
expenses are scheduled to occur. The Project Funding Plan will be harmonized with the budget
cycles and applicable constraints of the City's funding sources.
Once in place, and approved by the City, the Project Plan, and Project Schedule and Project Budget
are anticipated to have limited change for the life of the Project, except when changes are initiated by
the City to adjust for contingencies or to adjust for incremental changes to the scope of the Project. In
any case, the "Consultant" will update and maintain the Project Plan in response to changes initiated
or approved by the City.
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TASK 2: CONCEPT OF OPERATIONS PLAN, SYSTEMS
ENGINEERING MANAGEMENT PLAN, AND OTHER SPECIAL
REQUIREMENTS
The "Consultant"will develop a Concept of Operations Plan and assist the City with procurement of
operations and maintenance services. The "Consultant"will also assist in familiarizing the City's key
personnel with the administration of the Project components from concept through their useful life,
including operation, training, routine system maintenance, preventative maintenance schedules,
budgeting plans for maintenance and replacement, technology refresh, staffing requirements and life
cycle costs.
All work conducted by the"Consultant" in planning, developing, advancing, deployment, operations
and maintenance will be in accordance with the Florida Department of Transportation (FDOT)
adopted Systems Engineering Management Plan. In addition, all work will be in accordance to the
established Regional, State, and National ITS Architectures.
TASK 3: PROJECT COMMUNICATION
The"Consultant" will employ techniques for improved communication that are most conducive to the
success of the Project. It is anticipated that the"Consultant" willuse the latestadvanced computer and
web-based techniques that are proven to enhance the flow of information to Project participants. The
intent of this section is to encourage the use of the latest in technologies suited for this purpose and
also time-proven effective techniques such as regular meetings and organized professional Project
reporting. "Consultant" shall conduct the following meetings and provide the following reports:
a) Weekly/Bi-Weekly: Conduct a ProjectProject status meeting and site visit with the City's
representative. Provide a package of the past week's daily reports, a ProjectProject
summary, a brief status report and other pertinent ProjectProject information. During
construction, attend the contractor's weekly trade contractor meeting. Weekly meetings may
be required during critical coordination phases, such as during Task 5: Procurement and the
testing and acceptance phase of Task 7: Occupancy. Bi-weekly meetings may be sufficient
during other phases, such as Task 1: Project Plan and Task 2: Concept of Operations,
System Engineering Management Plan, and Other Special Requirements.
b) Monthly: Provide a ProjectProject update at the City's monthly stakeholders meeting. Provide
a written report summarizing the Project's activities during the past month, the status of the
Project Plan, Schedule, Budget and Funding Plan. Advise the City of any changes to these
plans. Conduct a meeting with key user staff, as requested by the City, consisting of an
update on the ProjectProject status and a question and answer session.
c) Quarterly: Prepare a comprehensive Project Report containing an executive summary of the
Project's status, a detailed account of the status of the Project Plan, Budget, Schedule, and
Funding Plan, and complete back-up information necessary to provide complete information
on the Project to date. The schedule information will show the actual versus planned
progress. The budget information will show a track of expenses compared against the original
budget. The funding information will show actual funding required to execute the work versus
funding Projected in the Project Plan.
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d) On-Call: The "Consultant" will be available to serve as an expert representative or witness on
Project matters with various parties, including the public, the press, regulatory authorities,
professional organizations and representatives from other government agencies as
requested and deemed appropriate by the City.
TASK 4: SECURITY ASSESSMENT
As a separate initiative the City is undertaking a security camera Project; however, in an effort to
consolidate costs and hardware, the City Administration has expressed interest in having some ITS
and SPS cameras serve the ancillary purpose of performing security functions. The CCTV camera
assessment will evaluate the possibility of dual-purpose functionality; specifically traffic monitoring
and security in City parking garages and other City areas with the understanding that the dual-
purpose, security and traffic operations functionality, has not been previously researched, and without
affecting the scope of work and capabilities of either role. The Consultant will evaluate the camera
technology available to achieve the dual-purpose functionality. The camera technology will be
assessed for compatibility with the existing and proposed technologies, identification of required
hardware, and identification of software capable of storage and retrieval of data that does not affect
the core functions of the system. This task shall include the following items:
a) Evaluate legacy systems (existing camera systems review and analysis).
Conduct site investigations and coordination with stake holder departments to determine the
specific needs and requirements.
b) Develop a surveillance camera system design proposal that includes
Performance standards and functional requirements for each component of the system.
Location of cameras and related equipment
Selection of video management system
Lighting requirements
Resolution requirements
Technical specifications and drawings
Recommendations for optimal transmission of video
Systems integration capabilities
Open architecture
c) Assist in technology review and product selection.
d) Assistance with preparation of procurement documents (if the City decides to procure
security elements separate).
e) Assist in development of policies and procedures for the security surveillance system and the
interaction between the ITS and PMS Project devices and security surveillance devices.
f) Project administration and technical support through occupancy of surveillance devices.
TASK 5: STAKEHOLDER COORDINATION, AGREEMENTS, AND
DOCUMENTATION
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The"Consultant" will, as a continuous task, provide stakeholder coordination activities among the
various participants in the Project, as well as potential participants. The "Consultant" will identify the
need for formal agreements and participate in the research, development, drafting, and review of
documents specifying the terms and agreements between parties participating in the Project.
Documentation produced under this section will include, but is not limited to, JPAs, MOUs, MOAs,
LAPs, etc.
Stakeholder coordination will include, but not be limited to, responsibility of coordinating interim and
final phase plans/specifications reviews with the City, other agencies, firms, or organizations as
appropriate. The "Consultant" will be responsible for transmitting phase review plans sets to the
various stakeholders, as well as collecting, collating, and disseminating comments and responses.
Stakeholder coordination will also include addressing inquiries and requests originating from any
number of sources, including but not limited to, the press, local citizens, public officials, government
bodies, etc. This task may also include press,releases, presentations, speaking engagements, and/or
technical articles as may be required or requested by local government agencies or other interested
organizations. All task products produced under this Project will be subject to the review of, and
become property of the City.
TASK 6: PROCUREMENT
The "Consultant"will develop recommendations for the procurement of appropriate engineering,
architectural, construction, inspection, operation, maintenance, and specialty services needed to
accomplish the goals of the Project and in consideration of the approved component Projects
established and documented in the aforementioned Project Plan. Based on the approved
procurement process for each of the established component Projects, the"Consultant" will formulate
and develop appropriate procurement documentation packages including, but not limited to, scopes
of services, design/build/operation/ maintenance criteria packages, conceptual plan sets, requests for
proposals, invitations to bid, invitations to negotiate, specifications, technical special provisions,
preliminary estimates, and will coordinate the review and approval for such packages among the
various stakeholders prior to issuance. The "Consultant"will participate in the selection process as a
technical advisor to the City's evaluation committee and likewise assist the City in responding to
questions, issuing revisions, evaluating technical proposals, fee proposals and bids during the
procurement process.
kimley horn corn 1221 Brickell Avenue Suite 400 Miami FL 33131 305-673-2025
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TASK 7: PROJECT ADMINISTRATION AND TECHNICAL SUPPORT
The"Consultant"will manage the planning, design, construction, operation, and maintenance for the
Project based on the City's objectives. The "Consultant"will communicate the City's schedule and
budget objectives to the design and construction teams, and monitor their progress. The "Consultant"
will be the primary point of contact for all of the engineers, architects, contactors, and consultants
working on the Project. The "Consultant", with the concurrence of the City, will provide coordination of
all matters pertaining to the contracts during the planning, design, construction and post-construction
phases (i.e. operation and maintenance). The"Consultant"'s specific duties and decision-making
authority will be more fully delineated prior to the award of a contract, but it is anticipated that, at a
minimum, the "Consultant"'s ProjectProject administration and technical support activities may
include:
a) Use the Project Schedule developed during the ProjectProject-planning phase to implement a
computerized track of the overall Project planned versus actual progress during the entire life
of the Project.
b) Use the Project Budget developed during the Project planning phase or subsequently
amended to implement a computerized budget tracking system, kept current during the life of
the Project, showing actual versus budgeted expenditures, encumbrances, budget amounts
unencumbered, amounts of each encumbrance, amounts paid to date, amounts not yet paid
and current Project contingency amounts, and serves as a Project reporting tool to the City.
c) Use the Project Funding Plan developed during the Project planning phase or subsequently
amended to implement a track of Project funding, to be kept current during the life of the
Project. The Project Funding Plan will show original versus actual funding supplied to the
work, future funding amounts required, and any deviations anticipated from the original
Funding Plan. This track of Project funding will serve as a reporting tool to the City,
highlighting funding demands the Project requires well in advance of their occurrence.
d) Review and make recommendations to the City of the need for, accuracy of and cost
justification for proposals for various City-supplied work, testing services, and additional
services authorizations that may be needed during the course of the work.
e) Prepare reports on a monthly basis to inform the City as to the progress of the Project,
including budget balances and schedule adherence.
f) Conduct design, pre-proposal, pre-bid and pre-construction meetings.
g) Review and make recommendations of design and construction documents to maintain
compliance with the City's construction, maintenance and budget objectives. The
"Consultant" will establish, cultivate, and maintain a high level of expertise and working
knowledge of all administrative and technical matters related to this contract. Such expertise
may be possessed or acquired either by in-house or through subcontracted resources.
h) Provide value-engineering services to the Project to provide the City with the best value. This
may be accomplished through alternative construction techniques, alternative materials or
other methods.
i) Review and make recommendations of trade contractor bids and assist in the determination
of award to the most qualified responsive bidder and/or proposer
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j) Provide on-going administration of the Project on behalf of the City, including day-to-day
monitoring and oversight at the construction site as well as weekly and monthly meeting
between engineers, architects, contractors and representatives of the City. The "Consultant"
will make recommendations to the City after reviewing all tests, reports, correspondence, pay
requests, invoices, claims, "as-built" documents and equipment manuals. The "Consultant"
will be responsible for participating in the research, development, drafting, and review of
documents supporting change orders and supplemental agreements.
k) Establish a daily on-site presence for the Project during the various construction phases. The
City reserves the right request an On-Site Representative and to approve the "Consultant"'s
selection and assignment of an On-Site Representative (including any subsequent
replacements). The purpose of this presence is to observe, as an experienced and qualified
professional, the progress and quality of the executed work and to determine, in detail, if the
work is proceeding in accordance with the pre-established budgets, schedules and quality of
work. The On-Site Representative will report as to the Contractor's compliance with the
contract documents. The On-Site Representative will remain with the ProjectProject until
completed. Should a replacement become necessary, the City must grant approval of the
replacement prior to his/her assignment. During the on-site observations, the On-Site
Representative will keep a detailed daily diary of observations and will inform the City of
these observations during meetings. All data developed and/or collected by the "Consultant"
and On-Site Representative will become the property of the City.
I) Issue instructions from the City to each contractor and process all change orders as required.
The "Consultant" may, as the City's representative, require special inspection or testing of the
work and act as interpreter of the requirements of the contract documents and judge the
performance of the parties thereto.
m) Will review the consultant's or contractor's Applications for Payment and the accompanying
data and schedules. The "Consultant" will indicate whether the Application for Payment is
valid and advise the City as to the amount owed to the consultant(s) and contractor(s.) Such
approvals of payment will constitute a representation to the City
that the work has pro ressed
to the point indicated and that, to the best of the "Consultant"'s knowledge, information and
belief, the quality of the work is in accordance with the contract documents.
n) Will coordinate or conduct such inspections as are necessary to determine the pending
completion of work or portions thereof.
o) Recommend, arrange for, and budget additional on-site representation, such as CEI
inspections, that may be deemed necessary by the City to protect the its interests.
p) Throughout the Project, the "Consultant" will continuously maintain a list of incomplete or
unsatisfactory items and a schedule for their completion prior to recommending interim or
final payment and before the Contractor's work force leaves the construction site.
q) Assist the City in post-construction activities including Project closeout, commissioning and
organization of Project documentation, such as as-builts, operation and maintenance
manuals and shop drawings, for use by the City in the management of the facility.
r) Recommend, arrange for, and assist in budget planning for scheduled and unscheduled
maintenance.
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s) Maintain complete, accurate, and organized Project records and files, in hardcopy and
electronic files, acceptable to, and approved by the City for all work activities, tasks, and any
other events relating to this Project. Project records will contain all correspondence to and
from the"Consultant", consultants, stakeholders, contractor, manufacturers, equipment
vendors, local, state, and federal agencies etc., as related to this contract. The Project
records will also include all materials, information, or data related to this contract obtained or
produced by the "Consultant".
TASK 8: OCCUPANCY
The"Consultant" will provide services relative to transition to occupancy, operations, or Project
completion. These services may include, but are not be limited to, assistance in final testing,
maintenance set up, training, equipment commissioning, warranty follow-up procedures, assistance in
move logistics, and system switch-over to the new TMC operation.
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Kim ley*tHorn
EXHIBIT B - CONSULTANT HOURLY BILLING RATE SCHEDULE
BILLING RATE SCHEDULE
EFFECTIVE JULY 1, 2015
STAFF CATEGORY HOURLY RATE
PRINCIPAL $230
SENIOR PROFESSIONAL $215
PROFESSIONAL $160
SENIOR TECHNICAL SUPPORT $140
TECHNICAL SUPPORT $130
SUPPORT STAFF $60
RATES WILL BE ANNUALLY ADJUSTED.
.,kimleyn horn com ;X1221 Brickell Avenue, Suite 400,*Miami,;F'L 33131 -30576i3-20-25