99-23073 RESO
RESOLUTION NO.
99-23073
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CONFIRMING THE
APPROVAL ANn 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 ][)ESIGN AND IMPLEMENT A TION 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-Horn and
Associates, Inc. to the City Managl~r, and
WHEREAS, on January 20, 1999, the Mayor and City Commission ratified authorization
of the Administration to negotiate an agreement with Kimley-Horn and Associates, Inc., and
WHEREAS, accordingly, the Administration recommends that the Mayor and City
Commission 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 MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby confirm approval by the Miami Beach Redevelopment Agency of an Agreement
with Kimley-Hom 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 S(~rvices for the Design and Implementation of Street Improvements
in the South Pointe Redevelopment Area.
PASSED AND ADOPTED THIS 17th DAY OF FEBRUARY, 1999.
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MAYOR
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Attachment
SR:CMC:MSD/dl
FIODHPlSALL IOIANElSPSTREET\CMBRDA. 217
~ITY OF MIAMI BlEACH
;ITY HAll 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\ci.miami-beach. f).us
lQ
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM No.l% -99
DATE: February 17, 1999
A RE 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 "11TH 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 REDEVE,LOPMENT AREA.
ADMINISTRATION RECOMM]~NDA TION:
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 R../6
DATE 2- r,- 9 ~
On January 7, 1999, and January 11, 1999, an Evaluation Committee reviewed the proposals
submitted. After presentations wc::re 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 (S(~e attached contract).
Based on the results of this initial phase and the direction given by the Commission, the
Administration will negotiate an agn~ement with Kimley-Horn and Associates, Inc. for the balance
of architectural/engineering servi,;;es, 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 architectural/engineering services which consists
of the preparation of a master plan; 1m estimate of construction costs; a survey for a portion of the
Phase I improvements and appropriate reimbursable expenses.
Attachment
SR:CMC:MSD/dl
f:lddhplSallldionelspltreellcommenkh.217
~
RESOLUTION NO.
314-99
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE
MlAMI BEACH REDEVELOPMENT AGENCY, APPROVING AND
AUTHORIZING THE CHAIRMAN AND SECRET ARY 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-Horn and Associates, Inc., pursuant
to Request for Qualifications No. 1 5-98/99, 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 ADOPTE][) THIS 17th DAY OF FEBRUARY, 1999.
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ATTEST:
J~~~ faJ-~
Secretary
Chairman
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
~L~ J-W~
~. eneral Counsel
Attachment
SR:CMC:MSD/dl
F\DDHP\$ALL \DIANE' SPSTREETlRDARESKH Z 17
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
fQ
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- -.-. --_._..----------~-~-------~.- -------_._--~--- --~--_._-----
DATE:
TO:
FROM:
SUBJECT:
REDEVELOPMENT AGENCY MEMORANDUM NO. ~9 - '6
February 17, 1999
Chairman and Members of the Board
of the Miami Beach Redevelopment Agency
Sergio Rodriguez J '
Executive Director ~
ARESOLUTIok THE CHAIRMAN AND MEMBERS OF THE MIAL\11
BEACH REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING
THE CHAIR1\1AN AND SECRETARY TO EXECUTE AN AGREEMENT
WITH THE FIRIH 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
ARClllTECTURAL SERVICES FOR DESIGN AND IMPLEMEl'iATION
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 2S, 1998, the Miami Beach Redevelopment Agency issued Request for Qualifications
No.lS-98/99 for professional engineering, landscaping and architectural services for design and
implementation of streetscape improvements in the South Pointe Redevelopment Area.
S{.l-'Tt" {:~'I--'Tt=
Vede",,'el.co"Ient I:iStri4Ct
12e<1 Agenda I tern
~A
~\
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
KimIey-Horn and Associates, Inc. to the Executive Director. On January 20, 1999, the
Redevelopment Agency Board authorized the Administration to n~gotiate 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).
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-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 Chairman and Members of the Redevelopment Agency
Board approve the agreement with Kirnley-Horn and Associates, Inc. for the initial phase of the work
consisting of data collection and a re:view 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:\ddl1P\S~ps"ect\rdamem.217
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY, FLORID.-\.
AND KlMLEY-HORl'\f AND ASSOCIATES, INCORPORC\TED'FOR PROFESSIONAL
ENGINEERING. LANDSCAPING AND ARCHITECTURAL SERVICES FOR DESIGN
AND IMPLEMENTATION OF STREET IMPROVEMENTS IN THE SOUTH POINTE
REDEVELOPMENT AREA
THIS AGREEMENT made this }1 tf;. day of Fe&~1999 by and between the MIAJ.vII
BEACH REDEVE~OPMENT AGENCY (RDA), which tem1 shall include its officials, successors,
legal representatives, and assigns, and KlMLEY-HORN AND ASSOCIATES, INC. (Consultants)
SECTION 1
DEFINITIONS
Agreement:
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 tor its costs and margin of pro tit.
Engineering, Landscaping and Architectural Services for Design and
City:
Consultant:
Final Acceptance:
Fee:
Project:
Proj ect
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
behalfofthe 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 of the 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 'NORK 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 identi tied
under the initial phase of the Project. all as more specifically described in the attached Exhibit "A",
SECTION 3
COMPENSA TION
3.1 -EEL
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". If the RDA proceeds with subsequent
phases of this 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 P A YlVIENT
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 of the Services, the Consultant shall exercise tInt degree of
skill, care, efticiency 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 MANAGEME1'lI
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 DURA TION AND EXTENT OF AGREEMENT
The term oftrus Agreement shall be through the RDA's final acceptance of the 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 of a 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 \'lork 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 O\VNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by th~ Consultant pursuant to this Agreement are related e:-.:clusively
to the Services described herein, and are intended or represented for ownership by the RDA. Any
reuse shall be appro"ved by the RDA.
4.8 INDF'INIFICATION
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 of the Services pursuant to this Agreement; and to that extent, the
Consultant shall pay all such claims :md 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 (I %) 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-
Tl?-e 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
party prompt notice of any claim coming to its knowledge that in any way directly or indirectly
affects the other party. .~~
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I)vffi~
11
5-A
4.9 INSURANCE REQUIREMENTS
The Consultant shall not commence any \vork 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 tcm1 of this
Agreement and throughout the duration of this Project the following insurance:
l.
Professional Liability (errors and omissions) for a minimum of 5500,000 per occurrence.
')
Consultant General Liability in the amount of S I ,000,000.00, per occurrence. tor bodily
injury and property damage (to include contractual products and completed operations). The
RDA must'lje 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 of the 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 of the liabilities
and obligations under this Section or under any other portion of this 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, ceI1iticates 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 ACCEPT"-NCE
\Vhen 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 TERMINATION. SUSPENSION "-ND S"-NCTIONS
4.11.1 Termination for Cause
If through any cause within thl;: 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
subconsultants 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, [he Consultant shall not be relieved of liability to the RDA for
damages sustained by the RDA by v:irtue of any breach of the Agreement by the Consultant and the
RDA may reasonably withhold paym.ents to the Consultant for the purposes of set off until such time
as the exact amount of damages due the RDA from the Consultant is determined.
4.11.2 Termination for Convenience of RD..\.
Additionally, the RD.-\. may, for its convenience and without cause, terminate the Agreement
and the Services then remaining to be performed at any time by giving \vritten 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 deli vered 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 of the Consultant's noncompliance with the nondiscrimination provisions of this
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 0 f 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 Sef'/ices shall be directed by a written notice signed by the
duly authorized representatives of the RDA and Consultant. Said notices shall provide ;1n equit;1ble
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 ASSIGNl\''1ENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this .-\greement
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 I~TERESI
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the RDA of Miami Be:.lch 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 PATRNT RIGHTS; COPY1UGHTS; 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
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Consultant's Project Manager and the RDA's Project Coordinator shall be designated promptly upon
commencement 0 f the Services.
All other notices and communications in writing required or pennitted hereunder may be
delivered personally to the representatives of the Consultant and the RDA listed belo\\. or may be
mailed by registered mail, postage prepaid (or ainnailed 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
\VITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
and COlillsel 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 fo llowing the date mailed.
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4.18 LITIGATION .JURISDIC'~
This Agreement, shall be governed by and construed according to the laws of the State of
Florida.
."
Any litigation bet\veen the parties, arising oC or in connection \V'ith this Agreement, shall be
initiated in the court system of Miami-Dade County, Florida.
4.19 ENTIRETY OF AGRF.EM~
This \\Titing and the Services embody the entire Agreement and understanding between the
parties hereto, and there are no other agreements and understandings, oral or written \vith 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 S 1 0,000, 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,
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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 of this Agreement. Consultant
hereby agrees that the RDA shall not be liable to the Consultant for darfiages 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 perfomlance or non-perfonnance of any obligations imposed upon the RD.-\. 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 iflega[ 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.
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FOR RDA:
ATTEST:
By ~r faA~
City Clerk
FOR CONSULT .\.NT:
ATTEST:
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f\WORK\SALL\KASL Y~IAGREE~IE:-'\SOPOlNTE KH
MIAMI BEACH REDEVELOPMENT AGENCY
By:
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Chainnan i
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KIMLEY-HOR1~ AND ASSOCIATES, INC.
By:
Corporate Seal
APPROVED AS TO
~?RM & LANGUAGE
Be FOR eXECUTION
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~=,~
Kimley-Horn
and Associates, Inc.
Exhibit "A"
SCOPE OF SERVICES
.'
Task 1 - Strectscape 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 maslter 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
utili~~d 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,ervices, 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-t)
· Existing condition of landscape 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 <:osts 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 streets cape
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
~=r~
Kimley-Horn
and Associates, Inc.
Exhibit "A." Pg. 2
prepared by CH2MHill), an extrapolation will be conducted throughout tht:
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 SPAS. Utilizing the above noted
data, an opinion of probable construction cost will be prepared for the
drainage improvemt:nts.
e. Sanitary Sewer Improvements: The proposed re-routing of the gravity
collection system including Michigan and Lenox will be discussed with tht:
City Staff. The intent of the re-routing is to redirect some of the flows that
are currently tlowing 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 dhe DPZ streetscape study, will be reviewed to determine the
irrigation demand and specific system requirements. City staff will
designate thl~ 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 prl~pared 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 willi 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
accommodatle 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 willI 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.
~=,~
Kimley-Horn
and Associates, Inc.
Exhibit "A." Pg. J
I. DPZ Review and Coordination: DPZ representatives will be in attendance
at all meetings. Principal level review will be perfonned on the above
referenced tasks A-a through A-f to insure the design considerations will be
consistent with the initial streetscape study. DPZ wiJ.1 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. 111ere will be a total of four or five groupings that will include
each of the streetscape priorities as outlined by SPAB. 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 tha,t 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 Re"tiew and Coordination: Principal level review will be perfonned on
the above referenced tasks to insure the design considerations will be
consistent with the initial streetscape study.
C. Public Presentations
Public Presentation: Presemtations of the master plan will be made to the Design Review
Board (ORB), Historic Pre:servation 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)
~=r~
Kimley-Horn
and Associates, Inc.
Exhibit "A." Pg. -l
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 imagery.
The aerial targets will be set along 3rd Street and Washington A venue (5th
Street to Biscayne Street).
b. Ground control (horizontal) will be established along 3rd Street and
Washington A venue (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 wiII be located. Sidestreet centerline of construction
wiII be calculated by splitting the pavement or sidewalk.
d. A bench levd run will be perfonned and bench marks wiII be set along the
3rd Street and Washington A venue (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) wiII be perfonned 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 wiII 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 comidor (3rd Street and Washington Avenue and adjoining side
streets up to 150 feet). Confine space entry surveys of structures wiII not be
perfonned.
g. The above ground (surface) utilities associated with underground utilities
(such as valve:s, 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).
rr-n
...... - ,. ~
Kimley-Horn
and Associates, Inc.
B. Reimbursements
Exhibit "A:' Pg. 5
a. Kimley-Horn will have geotechnical data gathered consisting of tive (5)
percolation tests and three (3) pavement cores withio-the project area. The
percolation test will be perfonned in general accordance with the Usual
Open-Hole Constant head procedures suggested by South Florida Water
Managemerlt District (SFWMD) to a depth of 15 feet to provide data
required for drainage evaluation at the subject site.
b. Kim ley-Horn will have professional photogrammetric services flown
including ae:rial photography, aerial triangulation, and raster imagery
(DesCartes fonnat).
Task 3 - Construction [)ocuments
The scope of services for construction documents will be detennined and negotiated
based on the final Master Plan Report.
Task 4 - Construction Phase Services
The scope of services for construction phase services will be detennined and negotiated
after Task 3 is completed for each phase.
COMPENSA nON
We will provide the servic:es described in Tasks 1 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
ID-a
ID-b
ID-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
$11,390.00
Hourly
$250.00 per 10 copies
$3,600.00
$6,500.00
$2,500.00
$25,000
JIIIII""'"_n
...... - , ~
Kimley-Horn
and Associates, Inc.
Exhibit "B"
KHA DETAIL HOURL Y RATES
Principal
Project Manager
Registered Professional
Senior Professional
Professional
Analyst/Professional Intern
Technical Support
Clerical Support! Administration
DPZ DETAIL HOURLY RATES
Elizabeth Plater-Zyberk
Ludwig Fontalvo-AbelIo
F. \ Word Docslmarketinglsouthpointe\PHASE I SCOPE.doc
."
$145
$100
$130
$115
$95
$70
$60
$45
$200
$85
JIIII""""-n
........ - , J
Kimley-Horn
and Associates, Inc.
Exhibit "e"
..
SCHEDULE
The scope of services authorized in this Agreement shall be completed withm sixty (60)
days following the receipt of written notice to proceed.