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314-99 RDA RESOLUTION NO. 3 14- 9 9 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, APPROVING AND AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE AN AGREEMENT WITH THE FIRM OF KIMLEY-HORN AND ASSOCIATES, INC. PURSUANT TO REQUEST FOR QUALIFICATIONS NO.15-98/99, IN THE AMOUNT OF $75,925 FOR THE MASTER PLAN, AND $69,835 FOR SURVEYING, WITH AN ADDITIONAL $25,000 FOR REIMBURSABLE EXPENSES, FOR A TOTAL AMOUNT NOT TO EXCEED $170,760 FOR THE PROVISION OF PROFESSIONAL ENGINEERING, LANDSCAPING AND ARCHITECTURAL SERVICES FOR DESIGN AND IMPLEMENTATION OF STREET IMPROVEMENTS IN THE SOUTH POINTE REDEVELOPMENT AREA. WHEREAS, the Miami Beach Redevelopment Agency issued a Request for Qualifications (RFQ No, 15-98/99), to provide Professional Engineering, Landscaping and Architectural Services for Design and Implementation of Street Improvements in the South Pointe Redevelopment Area; WHEREAS, on January 7, 1999, and January 11, 1999, an Evaluation Committee reviewed the proposals submitted and, after presentations, recommended the firm of Kimley-Hom and Associates, Inc. to the Executive Director, and WHEREAS, on January 20, 1999, the Chairman and Members of the Miami Beach Redevelopment Agency authorized the Administration to negotiate an agreement with Kimley-Hom and Associates, Inc" and WHEREAS, accordingly, the Administration recommends that the Chairman and Members of the Miami Beach Redevelopment Agency approve the attached Agreement with Kimley-Hom and Associates, Inc., for a negotiated fee of$75,925 for the Master Plan, and $69,835 for surveying, with an additional $25,000 for reimbursable expenses, for a total amount not to exceed $170,760. NOW THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman and Members of the Miami Beach Redevelopment Agency herein approve and authorize the Chairman and Secretary to execute an Agreement with Kimley-Hom and Associates, Inc., pursuant to Request for Qualifications No. 15-98/99, in the amount of $75,925 for the Master Plan, and $69,835 for surveying, with an additional $25,000 for reimbursable expenses, for a total amount not to exceed $170,760 for Professional Engineering, Landscaping and Architectural Services for the Design and Implementation of Street Improvements in the South Pointe Redevelopment Area. PASSED AND ADOPTED THIS 17th DAY OF FEBRUARY, 1999. l/J/}f/1 Ifpl1 ATTEST: ~~ ftV-~ Secretary Chairman APPROVED AS TO FORM & lANGUAGE & FOR execunoN /tijJ!J::& JjjfJ~ '~:eneml Counsel Attachment SR:CMC:MSD/dl FIDDHP\$ALLIDIANE\SPSTREETlRDARESKH217 Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone: (305) 673-7193 Fax: (305) 673-7772 -_._~.__._----~----~--------- - __n REDEVELOPMENT AGENCY MEMORANDUM NO. q9 - <Zt DATE: February 17, 1999 TO: Chairman and Members of the Board of the Miami Beach Redevelopment Agency , FROM: Sergio Rodriguez Executive Director SUBJECT: ARESOLUTIO OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE AN AGREEMENT WITH THE FIRM OF KIMLEY-HORN AND ASSOCIATES, INC. PURSUANT TO REQUEST FOR QUALIFICATIONS NO.15-98/99, IN THE AMOUNT OF $75,925 FOR THE MASTER PLAN AND $69,835 FOR SURVEYING WITH AN ADDITIONAL $25,000 FOR REIMBURSABLE EXPENSES FOR THIS INITIAL PHASE OF THE WORK FOR A TOTAL AMOUNT NOT TO EXCEED $170,760 FOR THE PROVISION OF PROFESSIONAL ENGINEERING, LANDSCAPING AND ARCIDTECTURAL SERVICES FOR DESIGN AND IMPLEMENTATION OF STREET IMPROVEMENTS IN THE SOUTH POINTE REDEVELOPMENT AREA. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Funding is available from South Pointe Tax Increment funds for the project. Funding for the first phase in the amount of $3,800,000 was appropriated at the September 23, 1998, Miami Beach Redevelopment Agency Board meeting. BACKGROUND: On November 25, 1998, the Miami Beach Redevelopment Agency issued Request for Qualifications No.15-98/99 for professional engineering, landscaping and architectural services for design and implementation of streetscape improvements in the South Pointe Redevelopment Area. S()UTti V()I,....T~ lJedevel()PRlent Uistrict lJet.I Agenda Item 37\ Date 2- I(-~cr On January 7, 1999, and January 11, 1999, an Evaluation Committee reviewed the proposals submitted, After presentations were made, the committee recommended selecting the firm of Kimley-Hom and Associates, Inc. to the Executive Director. On January 20, 1999, the Redevelopment Agency Board authorized the Administration to negotiate an agreement with Kimley-Hom and Associates, Inc. . ANALYSIS: The scope of services included in this initial phase of the work consists of data collection and a review of existing documents resulting in the preparation of a master plan and surveying for a portion of the Phase I improvements for which funds have been appropriated. Additionally, Kimley- Horn and Associates, Inc. will participate in meetings with City and Redevelopment Agency staff and the community with regard to this project. The Administration has negotiated a fee of$75,925 for the master plan and $69,835 for surveying with an additional $25,000 for reimbursable expenses for this initial phase of the work for a total amount not to exceed $170,760 (See attached), Based on the results of this initial phase and the direction given by the Redevelopment Agency Board, the Administration will negotiate an agreement with Kimley-Hom and Associates, Inc, for the balance of architecturaVengineering services, which include construction documents, bidding and construction administration, for the later phases of this project. CONCLUSION: The Administration recommends that the Chairman and Members of the Redevelopment Agency Board approve the agreement with Kimley-Hom and Associates, Inc, for the initial phase of the work consisting of data collection and a review of existing documents resulting in the preparation of a master plan and surveying for a portion of the Phase I improvements and meetings with City and Redevelopment Agency staff and the community with regard to this project. Attachment SR:CMC:MSD/dl f:lddhp\$~p.tr"'lrdamem,217 RESOLUTION NO. 99-23073 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONFIRMING THE APPROVAL AND AUTHORIZATION OF THE MIAMI BEACH REDEVELOPMENT AGENCY TO EXECUTE AN AGREEMENT WITH THE FIRM OF KIMLEY-HORN AND ASSOCIATES, INC. PURSUANT TO REQUEST FOR QUALIFICATIONS NO.15-98/99, IN THE AMOUNT OF $75,925 FOR THE MASTER PLAN, AND $69,835 FOR SURVEYING, WITH AN ADDITIONAL $25,000 FOR REIMBURSABLE EXPENSES, FOR A TOTAL AMOUNT NOT TO EXCEED $170,760 FOR THE PROVISION OF PROFESSIONAL ENGINEERING, LANDSCAPING AND ARCHITECTURAL SERVICES FOR DESIGN AND IMPLEMENTATION OF STREET IMPROVEMENTS IN THE SOUTH POINTE REDEVELOPMENT AREA. WHEREAS, the Miami Beach Redevelopment Agency issued a Request for Qualifications (RFQ No, 15-98/99) to provide Professional Engineering, Landscaping and Architectural Services for Design and Implementation of Street Improvements in the South Pointe Redevelopment Area; WHEREAS, on January 7, 1999, and January 11, 1999, an Evaluation Committee reviewed the proposals submitted and, after presentations, recommended the firm of Kimley-Hom and Associates, Inc. to the City Manager, and WHEREAS, on January 20, 1999, the Mayor and City Commission ratified authorization of the Administration to negotiate an agreement with Kimley-Hom and Associates, Inc., and WHEREAS, accordingly, the Administration recommends that the Mayor and City Commission approve the attached Agreement with Kimley-Hom and Associates, Inc., for a negotiated fee of$75,925 for the Master Plan, and $69,835 for surveying, with an additional $25,000 for reimbursable expenses, for a total amount not to exceed $170,760. NO\V THEREFORE, BE IT DULY RESOLVED BY THE MAYOR A1~D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIpA, that the Mayor and City Commission hereby confIrm approval by the Miami Beach Redevelopment Agency of an Agreement with Kimley-Horn and Associates, Inc., pursuant to R~quest for Qualifications No.15-98/99, in the amount of $75,925 for the Master Plan, and $69,835 for surveying, with an additional $25,000 for reimbursable expenses, for a total amount not to exceed $170,760, for Professional Engineering, Landscaping and Architectural Services for the Design and Implementation of Street Improvements in the South Pointe Redevelopment Area. PASSED AND ADOPTED THIS 17th DAY OF FEBRUARY, 1999. <~/!/ l-l . . I ",,': i..,' // /; , j* MAYOR ATTEST: JtUAJ'e~ CITY ERK APPROVED ~ TO FORM & LANGUAGE & FOR EXECUTION ~ 1f~,/~, 0(~/ ~1 DC/1'9 ~ Attachment SR:CMC:MSD/dl FIDDHP''sALL\OIA.''E' .sPSTREET\C~BRD"',: 17 RESOLUTION NO. 314-99 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, APPROVING AND AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE AN AGREEMENT WITH THE FIRM OF KIMLEY-HORN AND ASSOCIATES, INC. PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 15-98/99, IN THE AMOUNT OF $75,925 FOR THE MASTER PLAN, AND $69,835 FOR SURVEYING, WITH AN ADDITIONAL $25,000 FOR REIMBURSABLE EXPENSES, FOR A TOTAL AMOUNT NOT TO EXCEED $170,760 FOR THE PROVISION OF PROFESSIONAL ENGINEERING, LANDSCAPING AND ARCHITECTURAL SERVICES FOR DESIGN AND IMPLEMENTATION OF STREET IMPROVEMENTS IN THE SOUTH POINTE REDEVELOPMENT AREA. WHEREAS, the Miami Beach Redevelopment Agency issued a Request for Qualifications (RFQ No. 15-98/99), to provide Professional Engineering, Landscaping and Architectural Services for Design and Implementation of Street Improvements in the South Pointe Redevelopment Area; WHEREAS, on January 7, 1999, and January 11, 1999, an Evaluation Committee reviewed the proposals submitted and, after presentations, recommended the firm of Kimley-Hom and Associates, Inc. to the Executive Director, and WHEREAS, on January 20, 1999, the Chairman and Members of the Miami Beach Redevelopment Agency authorized the Administration to negotiate an agreement with Kimley-Hom and Associates, Inc., and WHEREAS, accordingly, the Administration recommends that the Chairman and Members of the Miami Beach Redevelopment Agency approve the attached Agreement with Kimley-Horn and Associates, Inc., for a negotiated fee of$75,925 for the Master Plan, and $69,835 for surveying, with an additional $25,000 for reimbursable expenses, for a total amount not to exceed $170,760. NOW THEREFORE, BE IT DULY RESOLVED BY THE CHAIRl\'IAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman and Members of the Miami Beach Redevelopment Agency herein approve and authorize the Chairman and Secretary to execute an Agreement with Kimley-Hom and Associates, Inc., pursuant to Request for Qualifications No. 15-98/99, in the amount of $75,925 for the Master Plan, and $69,835 for surveying, with an additional $25,000 for reimbursable expenses, for a total amount not to exceed $170,760 for Professional Engineering, Landscaping and Architectural Services for the Design and Implementation of Street Improvements in the South Pointe Redevelopment Area. PASSED AND ADOPTED THIS 17th DAY OF FEBRUARY, 1999. I) /1/ i! .1 !I .If., / /; }", , , :/' :., 'V' 'I ,. j .' I ATTEST: _~~ faA-du-- Chairman Secretary APPROVED AS TO FORM & lANGUAGE & FOR EXeCUnON ~~ 2-~tl~ '~'eneral Counsel Attachment SR:CMC :MSD/dl FIDDHP'$ALLIDlANEISPSTREETiRDARESKH 217 ~ITY OF MIAMI BEACH TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 'p:\\ci.miami-beach, fl. us TO: FROM: SU&JECT: COMMISSION MEMORANDUM NO.l% -99 Mayor Neisen 0, Kasdin and Members of the City C mission DATE: February 17, 1999 Sergio Rodriguez City Manager A RE LUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONFIRMING APPROVAL AND AUTHORIZATION OF THE MIAMI BEACH REDEVELOPMENT AGENCY TO EXECUTE AN AGREEMENT WITH THE FIRM OF KIMLEY-HORN AND ASSOCIATES, INC. PURSUANT TO REQUEST FOR QUALIFICATIONS NO.15-98/99, IN THE AMOUNT OF $75,925 FOR THE MASTER PLAN AND $69,835 FOR SURVEYING WITH AN ADDITIONAL $25,000 FOR REIMBURSABLE EXPENSES FOR THIS INITIAL PHASE OF THE WORK FOR A TOTAL AMOUNT NOT TO EXCEED $170,760 FOR THE PROVISION OF PROFESSIONAL ENGINEERING, LANDSCAPING AND ARCHITECTURAL SERVICES FOR DESIGN AND IMPLEMENTATION OF STREETSCAPE IMPROVEMENTS IN THE SOUTH POINTE REDEVELOPMENT AREA. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Funding has been appropriated from South Pointe tax increment funds for the project. Funding for the first phase in the amount of $3,800,000 was appropriated at the September 23, 1998, Miami Beach Redevelopment Agency Board meeting. BACKGROUND: On November 25, 1998, the Miami Beach Redevelopment Agency (RDA) issued Request for Qualifications (RFQ) No,15-98/99, for professional engineering, landscaping and architectural services for design and implementation of streetscape improvements in the South Pointe Redevelopment Area. AGENDA ITEM K J 6 DATE 2-r,-9 ~ On January 7, 1999, and January 11, 1999, an Evaluation Committee reviewed the proposals submitted. After presentations were made, the committee recommended selecting the firm of Kimley-Horn and Associates, Inc. to the City Manager acting as Executive Director of the RDA. On January 20, 1999, the City Commission authorized the Administration to negotiate an agreement with Kimley-Horn and Associates, Inc, ANALYSIS The scope of services included in this initial phase of the work consists of data collection and a review of existing documents resulting in the preparation of a master plan and surveying for a portion of the Phase I improvements for which funds have been appropriated. Additionally, Kimley- Horn and Associates, Inc. will participate in meetings with City and Redevelopment Agency staff and the community with regard to this project. The Administration has negotiated a fee of $75,925 for the master plan and $69,835 for surveying with an additional $25,000 for reimbursable expenses for this initial phase of the work for a total amount not to exceed $170,760 (See attached contract). Based on the results of this initial phase and the direction given by the Commission, the Administration will negotiate an agreement with Kimley-Horn and Associates, Inc. for the balance of architecturaVengineering services, which include construction documents, bidding and construction administration, for the later phases of this project. CONCLUSION The Administration recommends that the Mayor and City Commission confirm approval and authorization of the Miami Beach Redevelopment Agency to execute an agreement with Kimley- Horn and Associates, Inc, for this initial phase of architecturaVengineering services which consists of the preparation of a master plan; an estimate of construction costs; a survey for a portion of the Phase I improvements and appropriate reimbursable expenses, Attachment SR:CMC:MSD/dl f:'.ddhplSaJlldionelspstreellcommenkh217 ~ PROFESSIONAL SERVICES AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY, FLORIDA AND KIMLEY-HORN AND ASSOCIATES, INCORPORATED FOR PROFESSIONAL ENGINEERING, LANDSCAPING AND ARCHITECTURAL SERVICES FOR DESIGN AND IMPLEMENTATION OF STREET IMPROVEMENTS IN THE SOUTH POINTE REDEVELOPMENT AREA THIS AGREEMENT made this n it. day off:!,~tll~~99 by and between the MIAMI BEACH REDEVELOPMENT AGENCY (RDA), which term shall include its officials, successors, legal representatives, and assigns, and KIMLEY-HORN AND ASSOCIATES, INC. (Consultants) SECTION 1 DEFINITIONS Agreement: City: Consultant: This written Agreement between the RDA and the Consultant. City of Miami Beach, Florida. For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the RDA. "Final Acceptance" means notice from the RDA to the Consultant that the Consultant's Services are complete as provided in Section 2 of this Agreement. Amount paid to the Consultant to allow for its costs and margin of profit. Engineering, Landscaping and Architectural Services for Design and Final Acceptance: Fee: Project: Project Coordinator: Proposal Documents: Risk Manager: Services: Termination: Task: Implementation of Street Improvements in the South Pointe Redevelopment Area An individual designated by the RDA to coordinate, direct and review on behalf of the RDA all technical matters involved in the Scope of Work and Services, Proposal Documents shall mean the Consultant's proposal and response to Request for Qualifications Number 15-98/99 for Professional Engineering, Landscaping and Architectural Services for Design and Implementation of Street Improvements in the South Pointe Redevelopment Area (Proposal) which is incorporated by reference in this Agreement and made a part hereof. The Risk Manager ofthe City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in Section 2. Termination of Consultant Services as provided in Section 4.11 of this Agreement. A discrete portion of the Scope of Services to be accomplished by the Consultant, as described in Section 2, if directed and authorized. -2- SECTION 2 SCOPE OF WORK AND SERVICES REQUIRED The scope of services included in this initial phase of the work generally consists of the preparation of a master plan; an estimate of construction costs; and a survey of the first priority area identified under the initial phase ofthe Project, all as more specifically described in the attached Exhibit "A", SECTION 3 COMPENSA TION 3.1 -.E.EE. Consultant shall be compensated for the Services (the preparation of a master plan; an estimate of construction costs; and a survey of the first priority area identified under the initial phase of the Project) based on a fixed fee basis of$145,760, plus $25,000 for reimbursable expenses, as set forth in the attached Exhibit "A", Additional services will be provided in accordance with the hourly rate schedule, as set forth in the attached Exhibit "B". Ifthe RDA proceeds with subsequent phases ofthis Project, the additional fee shall be negotiated when a full scope of work is determined and approved by the RDA. If so approved, the RDA reserves the right to either amend this Agreement, accordingly, or negotiate a new Agreement with the Consultant. 3.2 METHOD OF PAYMENT Payment shall be made monthly to the Consultant pursuant to invoices submitted by the Consultant in proportion to the percentage of the completion of those phases of the Project. All invoices shall contain a statement that the representations made therein are true and correct and in accordance with the Agreement. Payments shall be made within thirty (30) days of submission of an invoice to the RDA. -3- SECTION 4 GENERAl, PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULT ANT With respect to the performance ofthe Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to applicable regulations of the RDA, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)( a) Florida Statute on Public Entity Crimes as available with the Office of Procurement, shall be filed by Consultant. 4.3 PROJECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the RDA to serve as Project Manager for the Services, who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the RDA's Project Coordinator. 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be through the RDA's final acceptance ofthe Services, but in no event later than one year, unless otherwise mutually extended in writing by the parties hereto, 4.5 TIME OF COMPLETION The Services to be rendered by the Consultant shall be in accordance with the schedule set forth in the attached Exhibit "C", and shall commence upon receipt ofa written Notice to Proceed from the RDA, subsequent to the execution of this Agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is -4- delayed or prevented by the RDA or by any circumstances beyond the reasonable control of the Consultant, including weather conditions or Acts of God which render performance of the Consultant's duties impracticable. 4.6 NOTICE TO PROCEED Unless directed by the RDA otherwise, the Consultant shall proceed with the Services only upon issuance of a Notice to Proceed by the RDA. 4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the RDA. Any reuse shall be approved by the RDA. 4.8 INDEMNIFICA TION Consultant agrees to indemnify and hold harmless, the RDA of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, subconsultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance ofthe Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the RDA in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Consultant for performance of this Agreement is the specific consideration from the RDA to the Consultant for the Consultant's Indemnity Agreement. -5- TJ:1e Consultant's obligation under this Section shall not include the obligation to indemnify the RDA of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the RDA and its officers, employees and agents, The parties each agree to give the other ::::t::~:~:::::,f ~~m.coming to its knowledge iliat in any way directly or indirectly ~ - 5-A 4.9 INSURANCE REQUIREMENTS The Consultant shall not commence any work 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. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of this Project the following insurance: 1. Professional Liability (errors and omissions) for a minimum of$500,000 per occurrence. 2. Consultant General Liability in the amount of $1,000,000.00, per occurrence, for bodily injury and property damage (to include contractual products and completed operations). The RDA must be named as an additional insured on this policy. 3. Workers Compensation & Employers Liability as required pursuant to Florida statute. The Consultant is responsible for obtaining and submitting all insurance certificates for their sub-consultants. All insurance policies must be issued by companies authorized to do business under the laws ofthe State of Florida. The companies must be 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, and subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant ofthe liabilities and obligations under this Section or under any other portion ofthis Agreement, and the RDA 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 overage. 4.9.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the RDA at least thirty (30) days prior to termination, cancellation or -6- reduction in coverage in the policy. 4.9.2 Certificates Unless otherwise directed by the RDA, the Consultant shall not commence any Services pursuant to this Agreement until the RDA has received and approved, in writing, certificates of insurance showing that the requirements of this Section have been met and provided for. These certificates will be kept on file in the Office of the Risk Manager, 3rd Floor, City Hall. 4.10 FINAl, ACCEPTANCE When the Consultant's Services have been completed, the Consultant shall so advise the RDA in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights or remedies available to the RDA under any other Section of this Agreement. 4.11 TERMINA TION, SUSPENSION AND SANCTIONS 4.11.1 Termination for Cause Ifthrough any cause within the reasonable control ofthe Consultant, the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations of this Agreement, the RDA shall thereupon have the right to terminate the Agreement and the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the RDA shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant seven (7) days to cure such default. If such default remains uncured after seven (7) days, the RDA, upon seven (7) days notice to Consultant, may terminate this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its sub consultants shall be properly delivered to the RDA and the RDA shall compensate the Consultant in accordance with Section 3 for all Services satisfactorily performed by the Consultant, as shall be determined by the RDA, prior to the date of the RDA's Notice of Termination. -7- Notwithstanding the above, the Consultant shall not be relieved of liability to the RDA for damages sustained by the RDA by virtue of any breach of the Agreement by the Consultant and the RDA may reasonably withhold payments to the Consultant for the purposes of set offuntil such time as the exact amount of damages due the RDA from the Consultant is determined. 4.11.2 Termination for Convenience of RDA Additionally, the RDA may, for its convenience and without cause, terminate the Agreement and the Services then remaining to be performed at any time by giving written notice to Consultant of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 4.11.1 shall be properly delivered to the RDA. If the Agreement is terminated by the RDA as provided in this Section, the RDA shall compensate the Consultant for all Services actually performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to RDA all documents, materials, etc. Such payments shall be the total extent of the RDA's liability to the Consultant upon a termination as provided for in this Section. 4.11.3 Termination for Insolvency The RDA also reserves the right to terminate the Agreement and the remaining Services to be performed 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 4.11.2. 4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event ofthe Consultant's noncompliance with the nondiscrimination provisions ofthis Agreement, the RDA shall impose such sanctions as the RDA or the State of Florida may determine to be appropriate, including but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the -8- Services, in whole or in part. In the event the RDA cancels or terminates the Services pursuant to this Section the rights and obligations of the parties shall be the same as provided in Section 4.11.2. 4.11.5 Changes and Additions Changes and Additions to the Services shall be directed by a written notice signed by the duly authorized representatives of the RDA and Consultant. Said notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said notice. The RDA shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.12 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the RDA. 4.13 SUB-CONSULTANTS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any other person on entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. 4.14 EQUAl, EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place -9- of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.15 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict ofInterest Ordinance (No. 72-82), as amended; and by the RDA of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the contract conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. 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 therefrom. 4.16 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the RDA for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.17 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the RDA. The -10- Consultant's Project Manager and the RDA's Project Coordinator shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the RDA listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the RDA of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Kimley-Horn and Associates Inc. Attn: M. Scott Mingonet, ASLA 420 Lincoln Road, Suite 353 Miami Beach, FL 33139 (305) 673-2025 TO RDA: Office of The City Manager Attn: Sergio Rodriguez, City Manager and Executive Director of the RDA 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7010 WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin, City Attorney and counsel of the RDA City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the City of dispatch, on the day following the date mailed; and if mailed to an address outside the City of dispatch on the seventh day following the date mailed. -11- 4.18 I~ITIGA TION JURISDICTION This Agreement, shall be governed by and construed according to the laws of the State of Florida. Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated in the court system of Miami-Dade County, Florida. 4.19 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Services are hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Services are consistent with the Agreement. To the extent that any term in the Services is inconsistent with this Agreement, this Agreement shall prevail. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and, if the amount does not exceed $10,000, as approved by the City Manager, or if in excess of $1 0,000, as approved by the City Commission of the RDA of Miami Beach. 4.20 LIMITATION OF RDA'S LIABILITY The RDA desires to enter into this Agreement only ifin so doing the RDA can place a limit on the RDA's liability for any cause of action for money damages due to an alleged breach by the RDA of this Agreement, so that its liability for any such breach never exceeds the sum of Consultant's fee, as set forth herein and in the attached Exhibit "A." Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the RDA for any damage action for breach of contract to be limited to a maximum amount of Consultant's fee herein, -12- less the amount of all funds actually paid by the RDA to Consultant pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition ofthis Agreement, Consultant hereby agrees that the RDA shall not be liable to the Consultant for damages in an amount in excess of Consultant's fee herein, which amount shall be reduced by the amount actually paid by the RDA to Consultant pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the RDA by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon RDA's liability as set forth in Section 768.28, Florida Statutes. 4.21 VENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is necessary by either party with respect to the enforcement of any terms and conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. -13- FOR RDA: ATTEST: Byj.fuMr f~ City Clerk FOR CONSULT ANT: ATTEST: /} /' .;,!I~Ii1;/4~.. ? t;1;;,=,~lcill"'_ IV I //(/E:::.7.:7 P:\ WORK\$ALL\KASL YN\AGREEMENlSOPOlNTE.KH MIAMI BEACH REDEVELOPMENT AGENCY By: 11~~ Chai~an ' KIMLEY-HORN AND ASSOCIATES, INC. By: Y;:L Corporate Seal APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~-~ -14- ~=r~ Kimley-Horn and Associates, Inc, Exhibit" A" SCOPE OF SERVICES Task 1 - Streetscape Study Update The intent of this task is to provide a master plan for the South Pointe streetscape improvements. The master plan will refine and update the streetscape study that was prepared by Duany Plater-Zyberk (DPZ). The DPZ study will be used as the basis for the master plan and ultimately the design. Standards, which have been adopted, and other conditions which have changed since the submission of the DPZ study will be incorporated into the master plan. Additionally, a phasing plan for implementation of the streetscape improvements will be provided which will coordinate other proposed improvement projects in the area. A detailed opinion of probable construction cost for each phase will be developed. A, Data Collection The consultant will collect available data relevant to the project area. This data will be utilized to update the DPZ streetscape study. The following list outlines the tasks that will be associated with the data collection phase: a. Awareness Walk: Up to one project area "awareness walks" will be conducted with the South Pointe Advisory Board (SPAB) appointed members and City staff. The intent of the awareness walk is to gather current information critical to developing the master plan. The awareness walk will focus on updating and identifying the information outlined within the scope of services, including but not limited to: . Direction as to the specific locations for the under grounding of overhead utilities (Task I item A-b) . Major physical changes within the project area since the completion of the DPZ study . Existing condition, spacing, and illumination of pedestrian light fixtures (Task I item A-f) . Existing condition oflandscape material (Task I item A-h) b. Coordination with Overhead Utilities: Up to one meeting will be conducted with the three private utility companies who operate above ground utilities (FP&L, Southern Bell, and Gold Coast Cablevision). The intent of these meetings is to determine the feasibility of under grounding the utilities in the areas as identified above. Additionally, opinion of probable construction costs will be obtained from each private utility for budgeting purposes. c. Coordination with Under Ground Utilities: Up to one meeting will be conducted with the two utility companies who operate below ground utilities (Peoples Gas and the City of Miami Beach). The intent of these meetings will be to identify proposed upgrades to the facilities (including waterlines) that need to be implemented as part of the overall streetscape program. Additionally, the preliminary location of proposed upgrades will be identified in order to prepare the opinion of probable construction cost. d. Storm Water/Drainage Upgrades: Utilizing the design work that was completed along 2nd Street and other completed studies for the area ( as ~i=r~ Exhibit "A," Pg. 2 Kimley-Horn and Associates, Inc. prepared by CH2MHill), an extrapolation will be conducted throughout the project area to provide an estimate of the magnitude of drainage improvements required. Existing information regarding drainage problems will be obtained from the City and the SPAB. Utilizing the above noted data, an opinion of probable construction cost will be prepared for the drainage improvements. e. Sanitary Sewer Improvements: The proposed re-routing of the gravity collection system including Michigan and Lenox will be discussed with the City Staff. The intent of the re-routing is to redirect some of the flows that are currently flowing to the north to the south. These improvements along with the replacement of air release valves and booster station upgrades will be incorporated into the overall sequence of construction as well as having an opinion of probable construction cost prepared for the improvements. f. Irrigation & Lighting Requirements: The proposed landscaping plan, as outlined in the DPZ streetscape study, will be reviewed to determine the irrigation demand and specific system requirements. City staff will designate the desire control system for use in the project area. This information will be used in preparation of the associated opinion of probable cost. Utilizing information gathered during the awareness walk and other City information, we will prepare an overall lighting layout. Additionally, a photometric printout will be produced to verify the location of light fixtures proposed for the project will create the desired "levels" of illumination. This analysis will allow an opinion of probable construction cost to be prepared for these elements. g. Roadway & Sidewalk Requirements: The typical roadway sections as outlined in the DPZ streetscape study will be reviewed for conformance with minimum required standards. Areas in which the typical block sections that are outlined in the study are inconsistent with the available right of way or do not meet standards will be noted. Additionally, in areas where additional sidewalk width can be obtained or roadway widths can be narrowed will be identified. These issues will be identified and reviewed with the SPAS and City. Approved and ongoing settlement agreements (as provided by the City), which identify required roadway modifications to accommodate future traffic circulation, will be incorporated into the master plan. This task also includes identification of the required traffic signals, roadway geometry modifications, signage, and pavement markings outlined in the settlement agreements. For the purpose of preparing the opinion of probable cost, standard pink colored concrete will be used as defined by the DPZ study. Recommendations for the replacement/repair of existing paver sidewalks will be made in conjunction with the overall "business decisions" for the project and noted within the awareness walk. h. Landscape/Urban Design/Street Furniture/Fixture Improvements: The streetscape study will be updated to incorporate new design standards that are required by the City. Additionally, areas outlined in the study which propose several different options will be narrowed to a recommended alternative. Once the recommended alternatives are identified and agreed upon by the SPAS and City, opinions of probable construction costs will be prepared. ~!=r~ Kimley-Horn and Associates, Inc. Exhibit "A," Pg. 3 1. DPZ Review and Coordination: DPZ representatives will be in attendance at all meetings. Principal level review will be performed on the above referenced tasks A-a through A-fto insure the design considerations will be consistent with the initial streetscape study. DPZ will review and provide comments on the design alternatives recommended in tasks A(g) and A(h) B. Master Plan Report A report, which outlines the background, methodology, phasing/implementation and conclusions, will be prepared and submitted as the deliverable for Task 1. The final report will be submitted to the SPAB and City for review and comments. Once all written comments are received from these two agencies, one original and 25 copies of the Master Plan Report will be submitted. The following items will be included: a. Priority Groupings: Once the individual priority projects have opinion of probable construction costs identified, the individual projects will be grouped. There will be a total of four or five groupings that will include each ofthe streetscape priorities as outlined by SP AB. The groupings are intended to provide manageable projects that will allow for savings in unit prices based on quantity while not disrupting the entire area. b. Opinion of Probable Construction Costs by Priority: The individual elements that make up the complete streetscape project will be identified. An opinion of probable construction cost will be prepared for each of the streetscape projects that were outlined by the SPAB and will include the individual elements of the project. c. Time Line: Once the priority groupings are approved by the SPAB and the City, a time line will be created which will outline the key tasks associated with the implementation of the overall streetscape program. The time line will identify start dates for elements that must be initiated in order to complete the design and construction. Completion dates will be identified for each of the tasks that will provide a constant status of the overall project implementation. d. DPZ Review and Coordination: Principal level review will be performed on the above referenced tasks to insure the design considerations will be consistent with the initial streetscape study. C. Public Presentations Public Presentation: Presentations of the master plan will be made to the Design Review Board (ORB), Historic Preservation Board (HPB), and the Citywide Projects/Finance Committee. Supporting handouts will be utilized at the presentations. D. Reimbursements a. Computer Imaging: Photographs of the existing conditions are taken and scanned into the computer. Utilizing the approved master plan designs, the existing conditions are overlaid with the proposed improvements and the result is a photo-realistic image of the final improvements. ($2,250.00 per image) b. Additional Meetings/Presentations: Additional meetings and presentations above and beyond those outlined within the above listed tasks. (Hourly) ~I=r~ Kimley-Horn and Associates, Inc. Exhibit "A," Pg. 4 c. Additional copies of the Master Plan Report ($250.00 for each additional 10 copies) Task 2- Initial Survey A. Survey Services Kimley-Hom and Associates will provide the following survey services: a. Place and locate 9 aerial targets for use in providing Raster aerial image~r The aerial targets will be set along 3rd Street and Washington Avenue (5t Street to Biscayne Street). b. Ground control (horizontal) will be established along 3rd Street and Washington Avenue (5th Street to Biscayne Street) corridors. Additional control will be required in the future for the development of other roadway corridors. c. A centerline of construction will be calculated for 3rd Street and Washington Avenue (5th Street to Biscayne Street). Minimal right-of-way and/or property monuments will be located. Sidestreet centerline of construction will be calculated by splitting the pavement or sidewalk. d. A bench level run will be performed and bench marks will be set along the 3rd Street and Washington Avenue (5th Street to Biscayne Street) corridors. The elevations of the bench marks will reference local Miami Bay Datum. These bench marks will be set outside the limits of construction (where possible), and referenced by station and offset to the center line of construction. e. A field topography survey (survey points only) will be performed along the existing roadway corridor (3rd Street and Washington Avenue) and along the adjoining side streets (up to 150 feet from the centerline of construction). The survey limits are to the buildings or to 10 feet beyond the right-of-way (which ever comes first), subject to accessibility. Trees, street signs and driveway profiles will not be surveyed. f. The location, pipe size, rim and invert elevations will be obtained for accessible drainage structures and gravity flow sewers within the existing roadway corridor (3rd Street and Washington A venue and adjoining side streets up to 150 feet). Confine space entry surveys of structures will not be performed. g. The above ground (surface) utilities associated with underground utilities (such as valves, meters, fire hydrants, etc.) will be located. h. Readily available finish floor elevations will be obtained of accessible building structures at the apparent roadway corridor right-of-way (3rd Street and Washington Avenue and adjoining side streets). ~.=r~ Kimley-Horn and Associates, Inc. B. Reimbursements Exhibit "A," Pg. 5 a. Kimley-Hom will have geotechnical data gathered consisting of five (5) percolation tests and three (3) pavement cores within the project area. The percolation test will be performed in general accordance with the Usual Open-Hole Constant head procedures suggested by South Florida Water Management District (SFWMD) to a depth of] 5 feet to provide data required for drainage evaluation at the subject site. b. Kimley-Hom will have professional photogrammetric services flown including aerial photography, aerial triangulation, and raster imagery (DesCartes format). Task 3 - Construction Documents The scope of services for construction documents will be determined and negotiated based on the final Master Plan Report. Task 4 - Construction Phase Services The scope of services for construction phase services will be determined and negotiated after Task 3 is completed for each phase. COMPENSATION We will provide the services described in Tasks I and 2 for the lump sum amounts (not including direct expenses) outlined below. Task Description I(A-C) Master Plan Additional Services 2A Initial Survey (Washington & 3rd) 3 Construction Documents 4 Construction Phase Services Reimbursements ]D-a ID-b ]D-c 2B-a 2B-b Computer Imaging (5 images) Additional Presentations Additional Master Plan copies Geotechnical Aerials Direct Expenses subtotal (for budget purposes) Lump Sum Fee KHA $59,050.00 DPZ $14,075.00 CH2MHILL $2,800.00 $69,835.00 as negotiated based on Master Plan as negotiated based on Master Plan $] ],390.00 Hourly $250.00 per 10 copies $3,600.00 $6,500.00 $2,500.00 $25,000 ~I=r~ Kimley-Horn and Associates, Inc. Exhibit "B" KHA DET AIL HOURLY RATES Principal Project Manager Registered Professional Senior Professional Professional Analyst/Professional Intern Technical Support Clerical Support! Administration $145 $100 $130 $115 $95 $70 $60 $45 DPZ DETAIL HOURLY RATES Elizabeth Plater-Zyberk Ludwig Fontalvo-Abello $200 $85 P:\Word Docs\marketinglsouthpointelPHASE 1 SCOPE. doc ~=n Kimley-Horn and Associates, Inc. Exhibit "C" SCHEDULE The scope of services authorized in this Agreement shall be completed within sixty (60) days following the receipt of written notice to proceed.