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Resolution 2024-33151 °• RESOLUTION NO. 2024-33151 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND KIMLEY-HORN AND ASSOCIATES, INC., PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2015-115-JR FOR PROGRAM MANAGEMENT SERVICES FOR AN INTELLIGENT TRANSPORTATION SYSTEM AND SMART PARKING SYSTEM PROJECT; SAID AMENDMENT INCREASING THE ORIGINAL APPROVED NOT-TO- EXCEED CONTRACT SUM FROM $2,250,000.00 TO $3,250,000.00, SUBJECT TO FUNDING APPROVAL AS PART OF THE SEVENTH AMENDMENT TO THE FY 2024 CAPITAL BUDGET AT THE JUNE 26, 2024 CITY COMMISSION MEETING; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT. WHEREAS, on October 23, 2015, pursuant to Request For Proposals("RFP") No. 2015- 115-JR for Program Management Services for the Intelligent Transportation System and Smart Parking System project ("ITS/SPS" or "Project"), the City of Miami Beach ("City") and Kimley- Horn and Associates, Inc. ("Kimley-Horn") executed a Professional Services Agreement ("Agreement") in an amount not-to-exceed $2,250,000.00; and WHEREAS, on October 13, 2021, the City Commission adopted Resolution No. 2021- 31892, authorizing the City to execute Amendment No. 1 to the Agreement, extending the term of the Agreement through a date that is six(6)months from the City's acceptance of the completed Project, without exceeding the original approved not-to-exceed contract cap of $2,250,000.00; and WHEREAS, Amendment No. 1 was executed by the City and Kimley-Horn on May 25, 2022; and WHEREAS, pursuant to the Agreement, the City Manager at its sole discretion may adjust the hourly billing rates according to the increase in the, Consumer Price Index ("CPI") percentage; and WHEREAS, on December 22, 2022, the City and Kimley-Horn executed Amendment No. 2 to the Agreement, increasing the hourly billing rates by 9.1%, effective retroactively to July 1, 2022(the"2022 Rate Increase"),without exceeding the original approved not-to-exceed contract cap of$2,250,000.00; and WHEREAS, on May 22, 2024, the City and Kimley-Horn executed Amendment No. 3 to the Agreement, increasing the hourly billing rates by 3.7% to in accordance with the percentage of increase in the CPI, effective retroactively to October 1, 2023 (the "2023 Rate Increase"), without exceeding the original approved not-to-exceed contract cap of$2,250,000.00; and WHEREAS, pursuant to the Agreement, Kimley-Horn is responsible for performing the following program management tasks as well as construction engineering and inspection ("CEI") services for the Project: • developing Project plan documents, including technical specifications and stakeholder requirements; • developing concept of operations plan; • developing a systems engineering management plan; • developing minimum technical standards; • developing Project procurement documents for the design, build, operation, and maintenance ("DBOM") procurement solicitation; • drafting the DBOM contract in collaboration with City staff; • overseeing negotiations plan with DBOM firm; • overseeing day-to-day project management duties including design reviews, agency meetings and coordination, and schedule and budget adherence, among others; • serving as the Project Engineer and providing CEI support during construction to ensure that all construction is being performed in accordance to plan and technical specifications; • overseeing the Project acceptance and burn-in period process; and • assisting in the occupancy phase following burn-in period with initial review of performance metrics and invoices; and WHEREAS, the Project is divided into six (6) phases (Phases 1 through 6), strategically sequenced based on the deployment schedule of devices along the City's major thoroughfares, with Phases 1 and 2 currently in construction; and WHEREAS, during Phases 1 and 2 of the Project, Kimley-Horn has served as the City's program manager responsible for leading all progress meetings for the Project, reviewing design plans, coordinating agreements with governmental agencies, reviewing and approving all Project documents, coordinating the submission and responses of Requests For Information (RFI)on the Project, reviewing all Project invoices, and for CEI services during construction; and WHEREAS, pursuant to contract documents for the Project, the work for Phases 3 through 6 are subject to funding appropriation by the City Commission; and WHEREAS, as part of two (2) separate items on the June 26, 2024 City Commission meeting agenda, the Administration is proposing both a contract amendment to the Project and a capital budget amendment requesting additional funding to proceed with the design, permitting, and construction of Phases 3 through 6 of the Project; and WHEREAS, the capital budget amendment includes the costs associated with the continuation of program management and CEI services by Kimley-Horn; and WHEREAS, the design, permitting and construction of Phases 3 through 6 is anticipated to take approximately 24 months to complete; and WHEREAS, the costs associated with program management and CEI services by Kimley-Horn for Phases 1 and 2 is $1,865,780.63 and the estimated cost for program management and CEI services for Phases 3 through 6 is $1,383,735.20; and WHEREAS, in order for the City to continue to engage Kimley-Horn for the provision of program management, technical support, and CEI services for the design, implementation, and system acceptance for Phases 3 through 6 of the.Project, the current contract cap would have to be increased from $2,250,000.00 to and amount not-to-exceed $3,250,000.00; and WHEREAS, when the Agreement was originally negotiated, the Agreement envisioned one (1) single project and the selection of one (1) contractor; however, while one (1) contractor was selected for the design, construction, operation, and maintenance for the Project, due to budget constraints, the Project was divided into six (6) phases to align with the available City budget; and WHEREAS, as a result, additional negotiation efforts, reviews, additional program management services have been required from Kimley-Horn; and WHEREAS, furthermore, due to delays associated with the COVID-19 pandemic, permitting, coordination with other City projects, and negotiations in securing approvals from regulatory agencies including the Florida Department of Transportation and Miami-Dade County Department of Transportation and Public Works, the Agreement was previously amended to provide for additional time, including extending the term of the Agreement to a date six(6)months beyond the City's acceptance of the Project, however, the initial not-to-exceed contract amount of$2,250,000.00 has not been increased over the years; and WHEREAS,in order for the City to fully fund and complete Phases 1 through 6 of the Project, the Interim City Manager recommends approving, in substantial form, Amendment No. 4 to the Agreement, a draft copy of which is attached to the City Commission Memorandum accompanying this Resolution; said Amendment increasing the current contract cap from $2,250,000.00 to an amount not-to-exceed $3,250,000.00; and further authorizing the Interim City Manager to finalize negotiations and execute the Amendment. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City. Commission hereby approve, in substantial form,Amendment No. 4 to the Professional Services Agreement between the City and Kimley-Horn and Associates, Inc., pursuant to Request for Proposals (RFP) No. 2015-115-JR for Program Management Services for an Intelligent Transportation System and Smart Parking System Project; said Amendment increasing the original approved not-to-exceed contract sum from $2,250,000.00 to $3,250,000.00, subject to funding approval as part of the Seventh Amendment to the FY 2024 Capital Budget at the June 26, 2024 City Commission meeting; and further authorize the City Manager to execute the Amendment. PASSED and ADOPTED this 26th day June, 2024. • ATTEST: even Meiner, Mayor L - 3 202 Rafael E. Granado, City Clerk YY :INCORPLORATED APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION(7)._ city Attorney Dote Agenda Item R 7L Date `a?6 2 Y Resolutions- R7{{item.number}} MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rickelle Williams, Interim City Manager ? DATE: June 26, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND KIMLEY-HORN AND ASSOCIATES, INC., PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2015-115-JR FOR PROGRAM MANAGEMENT • SERVICES FOR AN INTELLIGENT TRANSPORTATION SYSTEM AND SMART PARKING SYSTEM PROJECT; SAID AMENDMENT INCREASING THE ORIGINAL APPROVED NOT-TO-EXCEED CONTRACT SUM FROM $2,250,000.00 TO $3,250,000.00, SUBJECT TO FUNDING APPROVAL AS PART OF THE SEVENTH AMENDMENT TO THE FY 2024 CAPITAL BUDGET AT THE JUNE 26, 2024 CITY COMMISSION MEETING; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT. RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ("City Commission")approve the Resolution. BACKGROUND/HISTORY On October 23, 2015, pursuant to Request For Proposals ("RFP") No. 2015-115-JR for Program Management Services for the Intelligent Transportation System and Smart Parking System project("ITS/SPS"or"Project"), the City of Miami Beach ("City")and Kimley-Horn and Associates, Inc. ("Kimley-Horn") executed a professional services agreement ("agreement" or "contract") in an amount not-to-exceed $2,250,000. On October 13, 2021, the City Commission adopted Resolution No. 2021-31892 (Attachment A) authorizing the City to execute Amendment No. 1 extending the term of the agreement through a date that is six(6)months from the City's acceptance of the completed Project, without exceeding the original approved not-to-exceed contract cap of$2,250,000. Amendment No. 1 was executed by the City and Kimley-Horn on May 25, 2022. Pursuant to the agreement, which allows the City Manager at its sole discretion to adjust the hourly billing rates according to the increase in the Consumer Price Index("CPI") percentage, on December 22, 2022, the City and Kimley-Horn executed Amendment No. 2 increasing the hourly billing rates by 9.1%, effective retroactively to July 1, 2022 (the "2022 Rate Increase"), without exceeding the original approved not-to-exceed contract cap of$2,250,000. Similarly, on March 12, 2024, the City Manager approved an increase of 3.7% to the hourly billing rates due to CPI, effective retroactively to October 1, 2023 (the "2023 Rate Increase"), without exceeding the original approved not-to-exceed contract cap of$2,250,000.Currently,the City and Kimley-Horn are in the process of finalizing the execution of Amendment No. 3. Pursuant to the agreement, Kimley-Horn is responsible for performing the following program management tasks as well as Construction Engineering and Inspection ("CEI") services for the Project: • Developing Project Plan documents including technical specifications and stakeholder requirements; • Developing Concept of Operations Plan; • Developing a Systems Engineering Management Plan; • Developing Minimum Technical Standards; • Developing project procurement documents for the Design, Build, Operation, and Maintenance ("DBOM") procurement solicitation; • Drafting the DBOM contract in collaboration with City staff; • Overseeing negotiations plan with DBOM firm; • Overseeing day-to-day project management duties including design reviews, agency meetings and coordination, and schedule and budget adherence, among others; • Serving as the Project Engineer and providing CEI support during construction to ensure that all construction is being performed in accordance to plan and technical specifications; • Overseeing the Project acceptance and burn-in period process; and • Assisting in the occupancy phase following burn-in period with initial review of performance metrics and invoices. ANALYSIS The Project is divided into six(6)phases (Phases 1 through 6), strategically sequenced based on the deployment schedule of devices along the City's major thoroughfares, with Phases 1 and 2 currently in construction. During Phases 1 and 2 of the Project, Kimley-Horn has served as the City's program manager responsible for leading all progress meetings for the Project, reviewing design plans, coordinating agreements with governmental agencies, reviewing and approving all Project documents,coordinating the submission and responses of Requests For Information(RFI) on the Project, reviewing all Project invoices, and for CEI services during construction. Pursuant to contract documents for the Project, the work for Phases 3 through 6 are subject to funding appropriation by the City Commission. As part of two (2) separate items on the June 26, 2024 City Commission meeting agenda, the Administration is proposing both a contract amendment to the Project and a capital budget amendment requesting additional funding to proceed with the design, permitting, and construction of Phases 3 through 6 of the Project. The capital budget amendment includes the costs associated with the continuation of program management and CEI services by Kimley-Horn. The design, permitting and construction of Phases 3 through 6 is anticipated to take approximately 24 months to complete. The costs associated with program management and CEI services by Kimley-Horn for Phases 1 and 2 is $1,865,780.63. The estimated cost for program management and CEI services for Phases 3 through 6 is $1,383,735.20 (Attachment B). As such, this Resolution approving Amendment No. 4 to the agreement with Kimley-Horn is necessary to increase the current contract cap from $2,250,000 to not-to-exceed $3,250,000 for the City to continue to engage Kimley-Horn for the provision of program management, technical support, and CEI services for the design, implementation, and system acceptance for Phases 3 through 6 of the Project. It is important to note that when the contract was originally negotiated, the contract envisioned one (1) single project and the selection of one (1) contractor. While one (1) contractor was selected for the design, construction, operation, and maintenance for the Project, due to budget constraints, the Project was divided into six(6) phases to align with the available City budget. As a result, additional negotiation efforts, reviews, and program management services are required from Kimley-Horn. Furthermore, due to delays associated with the COVID-19 pandemic, permitting, coordination with other City projects, and negotiations in securing approvals from regulatory agencies including the Florida Department of Transportation and Miami-Dade County Department of Transportation and Public Works, the contract was previously amended to provide for additional time, including extending the term of the agreement to a date six(6) months beyond the City's acceptance of the Project, however, the initial not-to-exceed contract amount of $2,250,000 has not been increased over the years. FISCAL IMPACT STATEMENT As part of a separate item on the June 26, 2024 City Commission meeting agenda, the Administration is proposing a Capital Budget Amendment for Project No. 28080 — Intelligent Transportation System, in an approximate amount of$5,450,400, partially funded by Mobility Fee and Parking funds. If approved by the City Commission, this capital budget amendment will fully fund Phases 1 through 6 of the Project and the continuation of program management and CEI services by Kimley-Horn. Execution of Amendment No. 4 will be subject to City Commission approval of the seventh budget amendment and funding appropriation. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) The Business Impact Estimate (BIE)was published on . See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION N/A CONCLUSION The current contract does not have sufficient capacity to continue to engage Kimley-Horn for program management, technical support, and CEI services for Phases 3 through 6 of the Project, and through a date that is six (6) months beyond the City's acceptance of the Project. Given Kimley-Horn's qualifications and familiarity with the Project history; system design, operation and maintenance requirements,and contract specifications,the Administration believes that it would be advantageous to continue to engage Kimley-Horn for additional program management, technical support, and CEI services for the design, implementation, and system acceptance for Phases 3 through 6 of the Project. As such, the Administration recommends that the City Commission adopt the Resolution approving Amendment No. 4 to the agreement with Kimley-Horn increasing the original approved not-to-exceed contract sum from $2,250,000 to $3,250,000; and further authorizing the City Manager to execute the amendment. Applicable Area Citywide Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Protect? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec.2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s)and principal(s): N/A Department Transportation and Mobility Sponsor(s) Co-sponsor(s) AMENDMENT NO.4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND KIMLEY-HORN AND ASSOCIATES, INC. PURSUANT TO RFQ 2015-115-JR FOR PROGRAM MANAGEMENT SERVICES FOR AN INTELLIGENT TRANSPORTATION AND PARKING MANAGEMENT SYSTEM This Amendment No. 4 ("Amendment') to the Professional Services Agreement ("Agreement"), dated October 23, 2015, by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City"), and Kimley-Horn and Associates, Inc., a North Carolina corporation, whose address is 1221 Brickell Avenue, Suite 400, Miami, Florida 33131 ("Consultant"). RECITALS WHEREAS,on October 23,2015, the City and Consultant(collectively,the"parties") executed the Agreement pursuant to RFQ 2015-115-JR, for Program Management Services for Intelligent Transportation and Parking-Management System,for an initial term of three(3)year's and.two (2)one-year renewal terms; and WHEREAS, on October 13, 2021, the City Commission adopted Resolution No. 2021-31892, 'authorizing the City to execute Amendment No. 1 to the Agreement, extending the term of the Agreement through_a:date that is six(6) months from the City's acceptance of the completed Project, without-exceeding the original approved not-to- exceed contract cap of$2,250,000.00,which Amendment No. 1 Was executed by the City and Consultant on May 25, 2022; and WHEREAS, on December 22, 2022, the City and Consultant executed Amendment No. 2 to the. Agreement, increasing the hourly billing rates by 9.1% in accordance with the percentage of increase in the CPI, effective retroactively to July 1, 2022 (the"2022 Rate Increase"), without exceeding the original approved not-to-exceed contract cap of$2,250,000.00; and WHEREAS,on May 22,2024, the City and Consultant executed Amendment No. • 3 to the Agreement, increasing the hourly billing rates by 3.7%to in accordance with the percentage of increase in the CPI, effective retroactively to October 1, 2023 (the "2023 Rate Increase"), without exceeding the original approved not-to-exceed contract cap of $2,250,000.00 (the Agreement and Amendments No. 1-3 shall be collectively referred to herein as the"Agreement"); and WHEREAS, on June 26, 2024, the Mayor and City Commission adopted Resolution No. , approving this Amendment, increasing the original approved not- to-exceed contract sum from $2,250,000.00 to$3,250,000.00. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Consultant hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Contract is hereby modified (deleted items struck through' and inserted items underlined) as follows: Section 4.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 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 $3,250,000.00; and provided further that such Fee shall be subject to funding approval through the City's budgeting process. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. [THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY] Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Rafael E. Granado, City Clerk Rickelle Williams, Interim City Manager Date • FOR CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. ATTEST: By: Secretary President Print Name Print Name Date Page 3 of 3 Resolutions - R7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rickelle Williams, Interim City Manager DATE: June 26, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND KIMLEY-HORN AND ASSOCIATES, INC., PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2015-115-JR FOR PROGRAM MANAGEMENT SERVICES FOR AN INTELLIGENT TRANSPORTATION SYSTEM AND SMART PARKING SYSTEM PROJECT; SAID AMENDMENT INCREASING THE ORIGINAL APPROVED NOT-TO-EXCEED CONTRACT SUM FROM $2,250,000 TO $3,250,000, SUBJECT TO APPROVAL OF THE SEVENTH CAPITAL BUDGET • AMENDMENT AT THE JUNE 26, 2024 CITY COMMISSION MEETING; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) RECOMMENDATION BACKGROUND/HISTORY ANALYSIS FISCAL IMPACT STATEMENT Click or tap here to enter text. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) The Business Impact Estimate (BIE)was published on . See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION N/A CONCLUSION Applicable Area Citywide Page 1332 of 1862 ' Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481 includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): N/A Department Transportation and Mobility Sponsor(s) Co-sponsor(s) • • Page 1333 of 1862