HomeMy WebLinkAboutReso 2009-1463
RESOLUTION NO. 2009-l.Y1..3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE
APPROVAL OF AN AGREEMENT WITH KIMLEY-HORN &
ASSOCIATES, INC. FOR PROFESSIONAL TRAFFIC SIGNAL
DESIGN SERVICES FOR THE INTERSECTION LOCATED AT
182ND STREET AND COLLINS AVENUE, IN AN AMOUNT NOT
TO EXCEED TWENTY-SIX THOUSAND FIVE HUNDRED
DOLLARS ($26,500.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THE
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is in need of a consultant to provide
professional traffic signal design services for the intersection located at 182nd Street and Collins
Avenue; and
WHEREAS, Kimley-Horn & Associates, Inc. expressed the ability and desire to provide
these services, and submitted a proposal to provide the desired services and is qualified, willing
and able to provide said services; and
WHEREAS, the City Commission wishes to employ Kimley-Horn & Associates, Inc. to
provide the professional traffic signal design services, in an amount not to exceed Twenty-Six
Thousand Five Hundred Dollars ($26,500.00), attached hereto as Exhibit "A"; and
WHEREAS, the City Commission wishes to ratify the approval of the Agreement with
Kimley-Horn & Associates, Inc. for the provision of said services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of Approval of Agreement. The approval of the Agreement with
Kimley-Horn & Associates, Inc., for professional traffic signal design services for the
intersection located at 182nd Street and Collins A venue, in an amount not to exceed Twenty-Six
Thousand Five Hundred Dollars ($26,500.00), attached hereto as Exhibit "A", be, and the same,
is hereby ratified.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Agreement.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 17th day of September 2009.
R2009- Kimley-Horn 182nd Traffic Signal Design Ratify AgmtPage I of2
ATTEST:
~~
Jane A. Hines, ~MC, City Clerk
o Form and
cy:
Vote: S-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
Moved by: \flU M~ W~1:.R..
Seconded by: ~~ <300~Vv1~
~(Yes)
~(Yes)
~(Yes)
~(Yes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2009- Kimley-Horn 182nd Traffic Signal Design Ratify AgmtPage 2 of2
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CITY OF SUNNY ISLES BEACH
AND KIMLEY -HORN AND ASSOCIATES, INC;,-,
182ND AND COLLINS A VENUE TRAFFIC SIGNAL >-
DESIGN SERVICES AGREEMENT
CONTRACT NO. 0809-057
- '.
"
THIS SERVICE AGREEMENT ("Agreement") entered into this'Z1day of AM/:,u.. S I
2009, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to
"City"), a municipal corporation of the State of Florida, and KIMLEY-HORN AND
ASSOCIATES, INC., authorized to do business in the State of Florida (hereinafter referred to as
"Consultant"), whose Federal I.D. # is ~ -~({ 5(.. ( ~ .
RECITALS
WHEREAS, the City is in need of a consultant to provide professional traffic signal
design services located at 182nd Street and Collins Avenue ("Services"); and
WHEREAS, Consultant has expressed the ability and desire to provide theses Services
subject to the terms and conditions contained herein; and
WHEREAS, the City desires to contract with Consultant to provide the Services, as
more fully described in Attachment" A", which is attached hereto and made a part hereof; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in the amount not to exceed Twenty-Six Thousand Five Hundred Dollars ($26,500.00),
as more fully described in Attachment" A".
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
names, the parties agree as follows:
TERMS
1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement
and made a part hereof
2. SERVICES: Consultant agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services described in Attachment "A"
attached hereto, and incorporated herein by reference. The Services shall be performed by
Consultant to the full satisfaction of the City. Consultant agrees to have a qualified
representative to audit and inspect the Services provided on a regular basis to ensure all Services
are being performed in accordance with the City's needs and pursuant to the terms of this
Agreement, and shall report to the City accordingly. Consultant agrees to immediately inform
the City via telephone and in writing of any problems that could cause damage to the City's
property, improvements and persons. Consultant will require its employees to perform their
work in a manner befitting the type and scope of work to be performed. In the event that the
Consultant fails to complete the Services pursuant to the terms of this contract and City must
C0809-057 KIMLEY-HORN AND ASSOCIATES
AGREEMENT
Exhibit "A"
COLLINS
"
undertake the completion of performance of Services, Consultant agrees to indemnify the City
for all costs incurred with respect to the completion of those Services and any damages the City
may suffer as a result of the Consultant's failure to perform the Services.
3. COMPENSATION: Consultant shall be compensated a total fee not to exceed Twenty-
Six Thousand Five Hundred Dollars ($26,500.00). Payment will be made to the Consultant as
invoiced, and all charges under this Agreement shall be in accordance with this Agreement and a
schedule of charges and tasks reflected in Attachment "A". The Consultant shall make no other
charges to the City for supplies, labor, licenses, permits, overhead or any other expenses or costs
unless any such expense or cost is incurred by Consultant with the prior written approval of the
City. If the City disputes any charges on the invoices, it may make payment of the uncontested
amounts and withhold payment on the contested amounts until they are resolved by agreement
with Consultant.
4. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are
discovered during the performance of this Agreement, the City shall have the right to cancel this
Agreement upon ten (10) days written notice to Consultant. Upon termination, the City may re-
bid the project if the Consultant fails to perform under this Agreement due to the undisclosed
conditions.
5. INSURANCE: Consultant shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below:
o Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) aggregate.
o Worker's Compensation, as required by the State of Florida, but with no less than
$1,000,000.00 for Employer's Liability.
o Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident
for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident
for property damage.
o Professional Liability (Errors and Omissions) Insurance, with a combined single
limit of not less than Three Million Dollars ($3,000,000.00) for claims arising out
of work provided for in this Agreement.
C0809-OS7 KIMLEY-HORN AND ASSOCIATES, INC. TRAFFIC SIGNAL DESIGN SERVICES 1821COLLINS
AGREEMENT
[J UmbrellalExcess Liability coverage in addition to the foregoing limits that when
combined with the foregoing limits provide total coverage of at least Five Million
Dollars ($5,000,000.00).
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City.
Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The
insurance policy(ies) shall be issued by companies authorized to do business under the laws of
the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent.
Before any work under this Agreement is performed, and at any time upon request,
Consultant shall furnish to the City certificates of insurance evidencing the minimum
required coverage and shall be appropriately endorsed for contractual liability, with the
City named as additional insured. All policies shall contain a waiver of subrogation
endorsement. All policies and certificates shall be in forms and issued by insurance companies
acceptable to the City's Risk Management Department. All insurance policies and certificates of
insurance shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. The City reserves the right from time to time to change the
insurance coverage and limits of liability required to be maintained by Consultant hereunder.
Consultant shall also require and ensure that each of its sub-Contractors providing services
hereunder (if any) procures and maintains, until the completion of the services, insurance of the
types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION
MUST BE APPROVED IN WRITING BY THE CITY.
6. OWNERSHIP OF DOCUMENTS:The parties agree that all documentation and work
product produced pursuant to this Agreement shall become the exclusive property of the City and
shall be provided to the City upon request.
7. INDEPENDENT CONTRACTOR RELATIONSHIP: It is understood and agreed
that nothing contained in this Agreement shall be deemed to create a partnership, joint venture,
other association, or an employer/employee relationship between the Consultant and the City.
Consultant shall be in the relation of an independent contractor and is to have entire charge,
control and supervision of the work to be performed hereunder.
8. COMPLIANCE WITH LAW: Consultant shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
Specifically, Consultants shall comply with all applicable conflict of interest provisions as
provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles
Beach (Section 62-16 entitled "Ethics in Public Contracting.) As provided in Section 62-16,
C0809-057 KIMLEY-HORN AND ASSOCIATES, INC. lRAFFIC SIGNAL DESIGN SERVICES 182/COLLINS
AGREEMENT
Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for
violation of the above-referenced ethical standards.
9. INDEMNIFICATION: Consultant agrees to indemnify, defend and hold harmless, the
City, its officers, agents, and employees from, and against any and all claims, actions, liabilities,
losses and expenses including, but not limited to, attorney's fees for personal, economic or
bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise
or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful
-conduct of the Consultant, agents or other personal entity acting under Consultant's control in
connection with the Consultant's performance of services pursuant to that agreement and to that
extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments
which may issue from any lawsuit arising from such claims and losses including wrongful
termination or allegations of discrimination or harassment, and shall pay all costs and attorneys'
fees expended by the City in defense of such claims and losses including appeals. The parties
agree that ten percent (10%) of the total compensation is a specific consideration from the City to
the Consultant for this indemnity.
10. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit
of the City and to any and all of its successors and assigns, whether by merger, consolidation,
transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this
Agreement is personal to the Consultant and it may not, either directly or indirectly, assign its
rights or delegate its obligations to City hereunder without first obtaining the City's consent in
writing. Any such attempted assignment or delegation shall be deemed of no legal force and
effect whatsoever.
11. TERM: Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement
and shall end upon the completion of Services described in Attachment "A". The term of this
Agreement may be extended for an additional term at the option of the City. Payment will be
made only for work completed to the satisfaction of the City. Consultant is to commence
performance of work on the Commencement Date and continue in a diligent manner until work
is complete. Consultant acknowledges that compliance with the commencement and completion
schedule is the essence of this Agreement. The terms of Sections 8 and 9 entitled "Compliance
with Law" and "Waiver of LiabilitylIndemnity," respectively, shall survive termination of this
Agreement.
12. TERMINATION:
A. If, through any cause within the reasonable control the Consultant shall fail to
fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations
material to this agreement, the City shall have the right to terminate the services then remaining
to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify
the Consultant of its violation of the particular terms of the agreement and grant Consultant ten
(10) days to cure such default. If the default remains uncured after ten (10) days the City may
terminate this agreement. -
C0809-057 KIMLEY-HORN AND ASSOCIATES, INC. 1RAFFIC SIGNAL DESIGN SERVICES 1821COLLINS
AGREEMENT
(i.) In the event of termination, all finished and unfinished documents, data and other
work product prepared by Consultant (and sub consultant(s)) shall be delivered to
the City and the City shall compensate the Consultant for all services satisfactorily
performed prior to the date of termination, as provided in Paragraph 3 herein.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the agreement by
Consultant and the City may reasonably withhold payments to Consultant for the
purposes of set-off until such time as the exact amount of damages due the City
from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by given written
notice which shall become effective ten (10) days following receipt by Consultant. The terms of
Paragraph 12 A(i) and (ii) shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining services to be performed in the event the Consultant is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
13. NOTICES: All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City: Rick Conner With a copy to:
City Manager Hans Ottinot,
City of Sunny Isles Beach City Attorney
18070 Collins Ave. City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins Avenue
Ph: 305-792-1701 Sunny Isles Beach, Florida 33160
Ph: 305-792-1702
If to the Consultant: Michael Spruce, P.E.
Vice President
Kimley-Horn and Associates, Inc.
1690 South Congress Avenue,
Suite 100
Delray Beach, FL 33445
Ph: 561-330-2345
Fax: 561-330-2245
14. GOVERNING LAW: The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
C0809-057 KIMLEY-HORN AND ASSOCIATES, INC. TRAFFIC SIGNAL DESIGN SERVICES 1821COLLINS
AGREEMENT
. .
State of Florida, without regard to principles of conflict of laws thereof The location of any
legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-
Dade County, Florida.
15. ARBITRA nON: It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
16. MISCELLANEOUS:
A. In the event any proVISIon of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understanding relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
E. No waiver of any provision ofthis Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
F. The terms and conditions in this Agreement supersede any other conflicting
provisions that are contained in any other document.
(The remainder of this page has been intentionally left blank)
C0809-057 lUMLEY-HORN AND ASSOClAlES, INC. lRAFFIC SIGNAL DESIGN SERVICES 182/COLLINS
AGREEMENT
-
~ .. . .
IN WITNESSES WHEREOF, the parties hereto have executed this Agreement in triplicate on
the day and year first written above.
WITNESSES:
a~iu J41~dt/;H'
SigrJke (
II
\lu11ZJ~ l//~l1d
Print Name
CONSULTANT:
KIMLEY - AND ASSOCIATES, INe.
:!lEt-_
Signa
BY:~
Prin~~-~~
Kevin Schanen, P.E., Associate
~~JA~
- Jane Hines, CMC, City Clerk
BY:
ATI'EST
C0809-057 KIMLEY-HORN AND ASSOCIATES, INC. lRAFFIC SIGNAL DESIGN SERVICES 182/COLLINS
AGREEMENT
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August3,2009
.
4431 EmIlM:IdIro OM
WIlt Pam 1leIdI, FIarida
33407
Mr. RIck Conner
Acting City Manager
18070 Collins Avenue
Sunny Isles Beach, Rorlda 33160
Re: Letter Agreement for Traffic Signal Design Services
City of Sunny Isles Beach
182nd Street & Collins Avenue (SR A1A)
Sunny Isles Beach, Florida
Dear Mr. Conner:
Klmley-Hom and Associates, Inc. (-KHA-) is pleased to submit this letter
agreement (the - Agreemenr) to the City of Sunny Isles Beach (-the Cllenf') for
providing professional engineering services associated with the traffic signal
design at 182"' Street & Collins Avenue (SR A1A) In Sunny Isles Beach, Florida.
It is our understanding that as part of the proposed signalization, the west
approach (RK Shops) will be real/gned to the north side of the existing Burger
King by others. Our scope of services, schedule, and fee are below.
SCOPE OF SERVICES
Task 1 - Pre-ADDllcatlon Meetlna
KHA will attend one (1) meeting with the City of Sunny Isles Beach to discuss the
proposed signalization. The proposed realignment of the west approach and
signal design requirements wll be discussed.
Task 2 - Sase MaoDtna
An intersection survey will be performed. The sUlVey will include information for
a traffic slgnaJ design and driveway modification design. The plana will inetude
lane widths, edges of pavement, right-of-way, signing, pavement markings,
evident above-ground and underground utilities, sidewalks, and minor
topography at the four corners of the subject intersection. The survey will include
300 feet in each direction from the Intersection along Collins Avenue and 100
feet east along the Trump Grande driveway. If the plana for the proposed
driveway modification are not prepared by KHA, or are not provided by the client,
KHA will coordinate with the appropriate agencies to obtain the plans as
described in Task 10, Additional Services. The survey will be referenced to an
offiGial benchmark. The electronic plans file to develop a base map from which
the traffic signal will be designed. KHA will review the intersection In the field
using the base map plot as a reference. .
.
TB. 581 845 08116
FAX 581 883 8175
SIB
Attachment "A"
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Mr. Rick Conner, August 3, 2009, Page 2
Tak 3 -80% Slanal Plan PreDaratIon
KHA will develop a Conceptual Signal Plan for the subject Intersection to be
submitted for the 60% review stage. The Conceptual Signal Plan will indicate the
location of proposed signal poles and mast arms, controller, mast ann
orientation, signal head placement, pedestrian signal heads and push buttons,
and efectrlcal service. KHA will coordinate with Mlami-Oade County to detennlne
the location or relocation of the signal hardware, the need for Interconnection
with adjacent traffic signals (If necessary), and the extent to which existing
elettrlc service can be used with the proposed signal.
KHA will provide five plan sets for your use. Additional plan sets will be provided
per Task 10, Additional Services.
KHA will submit the Conceptual Signal Plan to Miami-Dade County and attend
one plan review meeting with county staff. KHA will coordinate with county staff
and the Client to address comments on the preliminary design and then proceed
to prepare the Signal Plans Package.
r.,k 4 - 90% Slanal Plan PreDanltfon
KHA will prepare a set of traffic signal design plans and furnish a Signal Plans
Package In accordance with the current appropriate Mlaml-Oade County traffic
signal plans preparation standards. The Signal Plans Package will be prepared
for the 90% review stage, Including proposed conduit layout, pay items, general
notes, key sheet, detector schedules, traffic signal head legend. the mast arm
structural calculation plan sheets, signal operations plan (SOP). and previously
incorporated comments.
The Signal Plans Package will consist of: (1) Key Sheet (2) General notes; (3)
Tabulation of quantities; and (4) Signalization plan by which to install the mast
arm assemblies, slgnaJ heads, vehicle detectors, and other equipment in the
construction of the traffic signal at the subject intersection. Mast ann design
sheets will be Included as part of the Signal Plans Package. The proposed
modifications to the west approach will also be Included as part of this submittal.
KHA will provide frve plan sets for your use. Additional plan sets will be provided
per Task 10, Additional Services.
The Signal Plan Package will be submitted to the Miami-Dade County Public
Works Department for their review and comment. KHA will coordinate with the
Client regarding any comments received from the County and then proceed to
address comments and begin preparation of the Final Signal Plans Package, as
described in Task 6.
KHA will require soft-digs to be performed at each proposed pole location. This
Scope of Services does not include the perfonnance at soft-dlgs. The
responsibility for scheduling, perlonnlng, and the cost of soft-dlgs shall be the
responsibility of the Client. The results of the soft-dlg shall be provided to KHA.
.
TEl 581 846 Q8ll5
FAX 581 8113 8175
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Mr. Rick Conner, August 3, 2009, Page 3
Tak 5 -Meat Ann Structural Calculations
Geotechnical design data is required for the mast arm foundation designs. KHA
will coordinate with a licensed geotechnical engineer to obtain the appropriate
Standard Penetration Test (SPT) sods boring Information.
Each mast arm structure calculation requires relative spot elevations at each pole
location and at the crown of the roadway beneath each mast arm overhang. ~
described in Task 2, the elevations at the subject intersection shall be provided In
the survey. .
KHA will review the soli boring data and spot elevations and perform one design
of each mast arm structure at the subject intersection (including mast arm(s),
upright and arm-upright connections, base plate, anchor bolts, and foundation)
based on KHA's signal design.
The mast arm design plan sheets and calculations will be developed in
accordance with FOOT design requirements. Based on the location and
geOmetry of the existing intersection and proposed improvements, KHA
antlclpates that mast arm calculations will be developed for four mast arm traffic
signal instatlat/ons.
rak 8 - Submit Final Slanal Plans
KHA will prepare the Final Signal Plans upon Miami-Dade County Public Works
Department review and approval of the 90% plans.
Final plans submittal to Mlaml-Oade County will Include up to four 11 inch x 17
Inch plan sets, signed and sealed by a Florida registered professional engineer.
KHA will provide fifteen plan sets for your use. Additional plan sets will be
provided per Task 10, Additional Services.
Tak 7 - Permlttlna
KHA will prepare and submit permit applications pertaining to the design and
maintenance of the proposed signal to Miami-Dade County Public Works
Department and the Florida Department of Transportation.
Tak 8 -fInal AcceDtance of Traffic Slanal Construction
Upon final acceptance of the signal plans, KHA will prepare an engineer's
estimate of probable cost and reference the FOOT standard specifications and
provisions. Bid document preparation, with the exception of the engineer's
estimate of probable cost and approved plan set., will be included in Task 9 _
Construction Phase Services.
KHA will coordinate with Mlaml-Oade County to meet at the subject intersection
and perform a tinallnspectlon with County staff.
.
TEl 581 845 01185
FAX ~1 8113 8175
-,
'Si/J
~__... Kmey-Hom
IIIIIII..J ~ and Associates, Inc.
Mr. Rick Conner, August 3, 2009, Page 4
Task &- Construction Ph... Services
KHA will provide professional construction phase services for the subject project
for the purpose of providing assistance to the Client during construction. These
services may Include, but are not limited to:
Bid Document PreparstJon and Contractor Notlflcstion. KHA will
prepare and assemble construct/on bidding documents, Including specifications
for 1he subject Work and the construction contract, based on .Standard General
Conditions of the Constructlon Contract" (EJCDC No. C-700, 2002 edition)
prepared by the Engineers Joint Contract Documents Committee. Additionally,
KHA will Issue bid packages for the submittal of quotations to perform the work
and conduct one pre-bid meeting with potential bidders. We will tabulate the bids
received and evaluate the compliance of the bids received with the building
documents. We will prepare a written summary of this tabulation and evaluation.
If requested by the Client, KHA will notify the Contractor selected to begin work.
· Pre-ConstTuctlon Conference. Attend a PnH:onstructlon
Conference prior to commencement of work at the Site.
Visits to Site and Observation of Construction. Make visits to the
Site at intervals as directed by Client In order to observe the progress of the
Work. Such visits and observations by KHA are not Intended to be exhaustive or
to extend to every aspect of Contractor's work In progress. Observations are to
be limited to spot checking, selective measurement and similar methods of
general observation of the Work based on KHA's exercise of professional
judgment Based on information obtained during such visits and such
observations, KHA will determine if Contractor's work is generally proceeding In
accordance with the Contract Documents, and KHA shall keep Client informed of
the:generaI progress of Work. KHA shall not, during such visits or as a result of
such observations of Contractor's work in progress, supervise, direct or have
control over Contractor's work, nor shall KHA have authority over or responsibility
for the means, methods, techniques, equipment choice and usage, sequences,
schedules, or procedures of construction sefected by Contractor, for safety
p~utions and programs incident to Contractor's work, nor for any failure of
Contractor to comply with laws and regulations applicable to Contractor's
furnishing and performing the Work. Accordingly, KHA neither guarantees the
performance of any Contractor nor assumes responsibility for any Contractor's
failure to furnish and perform its work in accordance with the Contract
Documents.
Recommendations with Respect to Defective Work.
Recommend to Client that Contractor's work be disapproved and rejected while it
is in progress if, on the basis of such observations, KHA believes that such work
will not produce a completed Project that conforms generally to Contract
DoCuments or that will prejudice the Integrity of the design concept of the
completed Project as a functioning whole as Indicated in the Contract
Documents.
Shop Drawings and Samplas. Review and approve or take other
appropriate action In respect to Shop DrawIngs and Samples and other data
which Contractor Is required to submit, but only for conformance with the
.
TEL 581 846 0lle5
FAX $61lll13 8175
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Mr. Rick Conner. August 3. 2009, Page 5
information given in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated In the
Contract Documents. Such review and approvals or other action will not extend
to means, methods, techniques, equipment choice and usage, sequences, or
procedures of construction or to related safety precautions and programs.
Inspections and Tests. Require such special Inspections or tests
of Contracto(s work as KHA deems appropriate, and receive and review
cer.tlflcates of Inspections within KHA's area of responsibility or of tests and
approvals required by laws and regulations or the Contract Documents. KHA's
revlew of such certificates will be for the purpose of determining that the results
cet1tf1ed Indicate compliance with the Contract Documents and will not constitute
an independent evaluation that the content or procedures of such inspections,
tests. or approvals comply with the requirements of the Contract Documents.
KHA shall be entitled to rely on the results of such tests and the facts being
certtfled.
Task 10- Additional Services
The following services are not Included in the scope of services, but can be
pro'iided as additional services If authorized by the Client. Compensation for
additional services will be agreed to prior to their performance.
· Coordination with appropriate agencies to obtain roadway plans.
· Plan revisions outside of those described in the above tasks.
· Permitting with agencies other than Miami-Dade County and the
Florida Department of Transportation.
· Attendance at additional meetings or at public hearings.
· Preparation of easement exhibit.
· Preparation of traffic signal interconnect plans.
· Preparation of emergency vehicle pre-emption plans.
· Traffic counts to determine initial signal timings.
· Intersection turning movement and trafflc counts.
· Preparation of sealed striping and pavement marking plans.
· Development of design modiflcatlons due to revisions In Florida
Department of Transportation or Miami-Oade design standards.
· Signal Design modifications based on Construction Plan Revisions.
· Additional plan sets not specified In Task 6.
· Certification of as-bunt drawings, provided by Contractor.
.
TEL 581 &45 0lI85
FAX 581 8lS3 8175
,:"f)
U
~__n Kimley-Hom
~ U and Associates, Inc.
Mr. Rid< Conner, August 3, 2009, Page 6
Additionally, if a temporary signal Is required prior to or during the construction of
the Intersection geometric modifications, services Including but not limited to a
survey of existing the existing conditions, signal design, and structural
calculations will be provided a'3 Additional Services.
INFORMATION PROVIDED BY CLIENT
The following Infermatlon shall be provided by the Client:
· Digital copy of the construction plans for the geometric modifications
to the Intersection, as described in Task 2, if designed by others.
· Geotechnical soils boring data, as described In Ta'3k 5.
· Soft-dig Information, a'3 described In Task 4.
SCHEDULE
We will provide our services as expeditiously as practicable to meet a mutually
agreed upon schedule. The actual time necessary Is highly dependent on the
review time by outside agencies. However, it Is expected that the 60% plans can
be submitted within 4 weeks of receipt and verification d the survey information.
Review by MiamI-Dade County is expected to require approximately 2 months. It
is expected that 90% plans and ma'3t-arm calculations can be submitted within 2
weeks d recelpt of County comments, depending upon the scope of comments.
If additional comments are Issued by the County, these comments will be
addressed as part d Task 10, Additional Services. Flnal plans wili be submitted
within 3 weeks of receipt rl final comments, depending upon the scope of
comments. Therefore, depending upon the scope of comments issued by the
County, It Is expected that final plans could be submitted within 6 to 9 months of
receipt and verification of the survey information.
FEE AND BILLING
The services outlined in Tasks 1 through 8 above will be provided fer a lump sum
fee basis of $26,500,00 Inclusive rl direct expenses.
All permitting, application, and similar prqect fees will be paid directly by the
Client.
KHA will provide the services described in Ta'3k 9 and 10 on a labor fee plus
expenses ba'3ls. Fer planning purposes, Task 9 is expected to range from
$5,000.00 to $15,000.00. The expected fee for Task 10 is highly variable, but will
not exceed $10.000.00 without your authorization.
Labor fee will be billed accerdlng to our hourly rates at the time services are
rendered. As to these tasks, direct reimbursable expenses such as express
delivery services, fees, air travel, out-of-town mileage, and other direct expenses
will be billed at 1.15 times cost. An amount will be added to each Invoice to
cover certain other expenses such as in-house duplicating, local mileage,
telephone calls, facsimiles, postage, and word processing. Technical use of
computers for design. analysis, GIS and graphics, etc. will be billed at $25.00 per
.
TEL 581 845 01165
F~ 581 863 8175
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Mr. Rick Conner, August 3, 2009, Page 7
hour. All permitting, application, and similar project fees will be paid dlrecUy by
theCllent. Additional plan sets will be provided at a cost of $15.00 per plan set.
Fees will be invoiced monthly based on the actual amount of service performed
and expenses Incurred. Payment will be due within 25 days of the date of the
Invoice.
CLOSURE
In addition to the matters set forth herein, our Agreement shall Indude and be
subject to, and only to, the terms and conditions In the attached Standard
Provlslona, whleh are incorporated by reference. As used in the Standard
Provisions, the term "the Consultant" shall refer to K1mley-Horn and Associates,
Ine.. and the term Mthe Client" shall refer to the City of Sunny'.'" Beach.
KHA. In an effort to expedite invoices and reduce paper waste, offers its clients
the option to receive electronic invoices. These invoices come via emaH in an
Adobe PDF format. We can also provide a paper copy via regular mall if
requested. Please select a billing method from the choices below:
Please emall all Invoices to
aD
_ Please emall Invoices to 1m
AND provide a hard copy to the address listed above (please note below if it
should be to someone else's attention or an alternative address).
_ Please ONL Y provide a hardcopy Invoice to the address listed above
(please note below if it should be to someone else's attention or an alternative
address).
If you concur in all the foregoing and wish to direct us to proceed with the
services. please have authorized persons execute both copies of this Agreement
In the spaces provided below, retain one copy. and return the other to us. Fees
and times stated in this Agreement are valid for sixty (60) days after the date of
this letter.
.
TEL 581 845 0Ile5
FAX 5111 8e3 8175
. 0
.) :)
~__n Kirlle'f-l1om
~ U and Astmates, 100.
Mr. RIck Conner, August 3, 2009, Page 8
We appreciate this opportunity to provide these services to you. Please contact
us if you have any questions.
Sincerely,
KIM LEY-HORN AND ASSOCIATES, INC.
By. ~z::! ~.
Transportation Engineer
ASK!
Attachment: Standard Provisions
Ageed to this
day of
.2009.
CITY OF SUNNY ISLES BEACH
A Municipality
(Print or Type Name and Title)
(Emall Address)
. Witness
(PrInt or Type Name)
OffIcial Seal:
K:\8CD_TPT~72~ Sunny/aIM Slgnal.doc
.
T8. set 845 01166
FAX56t 883 8t75
p 'J
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KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Conlultant'l Scope of Sentca and Additional Services. The Consultant's undcrtaJc:ing to perform professional
services extends only to tM services specifically described in this Agreement However, if requested by the Client and
agreed to by the Consultant, the Consultant will perform additional services ("Additional Services''), and such Additional
Services sbaIl be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant
for the performance of any Additional Services an amount based upon the Consultant's tben-currcnt hourly rates plus an
amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calla, postage, and word
processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for desi&n, analysis, GIS,
and graphics, etc., will be billed at $25.00 per hour.
(2) CUent'l RespoDJlbfUtles. In addition to other responsibilities described herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete
authority to transmit instructions, receive information, and make or interpret the Client's decisions.
(b) Provide aU information and criteria as to the Client's requirements, objectives, and expectations for the project including
all numerical criteria that are to be met and all standards of development, design, or construction.
(c) Provide to the Consaltant all previous studies, plans, or other documents pertaining to the project and aU new data
reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact
assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may rely.
(d) Ammge for access to the site and other private or public property as required for the Consultant to provide its services.
(e) Review aU documents or oral reports presented by the Consultant and reader in writing decisions pertaining thereto
within a reasonable time so 88 DOt to delay the services of the Consultant.
(f) Furnish approvaIa and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other partiea as may be necessary for completion of the Consultant's services.
(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as
the Client may require or the Consultant may reasonably request in furtherance of the project development.
(h) Give prompt written notice to the Consultant whenever- the Client becomes aware of any development that affects the
scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project.
(i) Bear all cosu incident to the responsibilities of the Client.
(3) Period of ServIces. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed
copy of this Agreement and wiD complete the services in a reasonable time. This Agreement is made in anticipation of
conditions permittina continuous and orderly progress through completion of the services. Times for performance shall be
extended as necessary for delays or suspcosions due to circumstancea that the Consultant does not control If such delay or
suspension extends for more than six months (cumulatively), Consultant's compensation shall be renegotiated.
(4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisiODl:
(a) Invoices will be submitted periodically, via regular mail 01' email, for services performed and expenses incurted.
Payment of each invoice will be due within 2S days of receipt. The Client shall also pay any applicable sales tax. All
retainers will be held by the Consultant for the chuation of the project and applied against the final invoice. Interest will be
added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fai1a to make any payment due
the Consultant under tbia 01' any other agreement within 30 days after the Consultant's transmittal of its invoice, the
Consultant may, after giving notice to the Client, suspend services until aU amounts due are paid in full.
(b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of
the invoice 01' the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing.
(c) The Client agrees that the payment to the ConsultaDt is not subject to any contingeDcy or condition. The Consultant
may negotiate payment of any check tcndem! by the Client, even if the words "in full satisfaction" or words intended to
have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and
without prejudicing any ri&ht of the Consultant to coUect additional amounts from the Client.
(5) Use of Documents. All cIocuments, including but not Iimitcd to drawings, specifications, reports, and data or programs
stored electronically, prepared by the CoDBUltaot are related exclusively to the services described in this Agreement, and
may be used only if the Client bas satisfied aU of its obligations under this Agreement. They are not intended or represented
to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any
modifications made by the Client to any of the ConsultaDt's documents, or any use, partial use or reuse of the documents
without written authorization or adaptation by the Consultant will be at the Client's sole ris1c and without liability to the
Consultant, and the Client shall indl'!llmify, defend and bold the Consultant harm1eas from aU claims, damages, losses and
expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the '~:--
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Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files not
containina an electronic seal are provided only for the conVenience of tile Client, and use of them is at the Client's sole risk.
In the case of any defec:ta in the electronic tiles or any discrepancies between them and the hardcopy of the documenta
prepared by the Consultant, the hardcopy shall govcm. Only printed copies of documents conveyed by the Consultant may
be relied upon. Becauso data stored in electronic media format can deteriorate or be modified without the CODSUltant's
authorization, the Client bas 60 days to perform acceptance testa, after which it shall be deemed to have accepted the data.
(6) OpiDioDl of COlt. Because tho Conaultant does not control the cost of labor, materials, equipment or services
furnished by others. mcthoda of determining prices, or competitive bidding or marbt conditiona, any opiniona rendered as
to costa, including but not limited to opiniona IS to the costa of construction and materials, shall be made on the basis of ita
experience and represedt ita judgment as an experienced and qualified professional, familiar with the industry. The
Consultant cannot and dQcs not guarantee that propoaJs, bids or actual costa will not vary from ita opinions of cosl If the
Client wishes greater assurance as to the amount of any cost, it shall employ an indepeudent cost estimator. Consultant's
services required to bring costa within any limitation established by the Client will be paid for as Additional Services.
(7) TermfDatioD. The obligation to provide further services under this Agreement may be terminAted by either party upon
seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms
hereof through no fimlt Qf the terminating party, or upon thirty days' written notice for the convenience of the terminllting
party. If any change OCCUl'll in the ownership of the Client, the Consultant shall have the right to itnmMilltely terminate this
Agreement In the event of any termination, the ConsaItant shall be paid for all services rendered and expenses incurred to
the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If
the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee
based on the ratio of the amount of the services perfonned, as reasonably determined by the Consultant, to the total amount
of services which were to have been perfonned.
(8) IllIUI"ance. The COnsultant carries Workers' Compensation insurance, professional liability insurance, and general
liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will take out
such additional insurancel if oblainable, at the Client's ctpeIISC.
(9) Standard of Care. In peri"onning its professiOllll1 services, the Consultant will use that degree of care and skill
ordinarily exercised, under similar ciR:umstaoces, by reputable members of ita profession in the same locality at the time the
services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or ita
performance of services, and it is agreed that the Consultant is not. a fiduciary with respect to the Client.
(10) LIMITATION OF LIABILITY. In recognition of the relative riab and benefita of the Project to both the Client and
the Conaultant, the risks have been allocated such that die Client agrees, to the fullest extent of the law, and notwithstanding
any other provisions of tbia Agreement or the existea:e of applicable insurance coverage, that the total liability, in the
aggregate, of the Consultant and the Consultants officcn, directors, employees, agenta, and subconsultanta to the Client or
to anyone claiming by, tbrouah or under the Client, for any and all claims, losses, costa or damages whatsoever ari.sin& out
o( resulting from or in any way related to the services UDder this Agreement from any cause or causes, including but not
limited to, the negligence, professional errors or omiuiooa, strict liability or breach of contract or any wammty, express or
implied, of the Consultant or the Consultant's officers, directors, employees, agenm, and subc:onsu1tanta, sha1J not exceed
twice the total compen.sation received by the Consultaat under this Agreement or $50,000, whichever is greater. Higher
limita of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable to the Client
or those claiming by or through the Client for lost profits or cooaequentia1 damages, for extra costa or other consequences
due to changed conditiona, or for costa related to the failure of contractors to perform work in accordance with the plans and
specificationa. This Section 10 is inteDded solely to imit the remedies available to the Client or those cJaimin& by or
through the Client, and nothing in this Section 10 shall require the Client to indl'nmify the Consultant.
(11) Certific:atio.... The Consultant sbaIJ not be required to execute certifications or third-party reliance letters that are
inaccurate, that relate to &eta of which the Consultant does not have actual Icnowled&e, or that would cause the CODSUltant
to violate applicable.rules of professional responsibility.
(12) DiJpute Resolutio.. All claims by the Client arim1g out oftbis Agrccmcnt or ita breach shall be submitted first to
mediation in accordance with the Construction Industry Mediation Ru1cs of the American Arbitration Association as a
condition precedent to litigation. Any mediation or civillCtion by Client muat be commenced within one year of the accrual
of the cause of action asserted but in no event later than allowed by applicable statutes.
(13) 1lazard0Ul SubltaJ(cellUld Conditio....
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(a) Services related to ~tions involving hazardous substances or conditions. as defined by federal or state law, are
limited to those tasks expressly stated in the scope of services. In any event, Consultant sball not be a custodian,
transporter, handIer, arranger, contractor, or remMiator with respect to hazardous substancea and conditions. Consultant's
services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and
specifications for isolation, removal, or remediation.
(b) The Consultant shaI1 notify the Client of hazardous substances or conditions DOt contemplated in the scope of services
of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected
portions of its services until the hazardous substance or condition is elimin_ted. The parties shall decide if Consultant is to
proceed with its services and if Consultant is to conduct testing and evaluations., and the parties may enter into further
agreements as to the additional scope, fee, and terms for such services.
(14) CODltructiOD Ph. Servicel.
(a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not
retained to make periodic site visits, the Client lI8SUIDC8 all responsibility for interpretation of the documents and for
construction observation,.and the Client waives any claims against the Consultant in any way connected thereto.
(b) If the Consultant prqvidcs construction phase services, the Consultant shall have no responstbility for any contractor's
means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall
Consultant have any authprity or responsibility to stop or direct the worle of any contractor. The Consultant's visits will be
for the pwpose of endeavoring to provide the Client a greater degree of confidence that the completed werle of its
contractors will generally conform to the construction documents prepared by the Consultant Consultant neither guarantees
the performance of contnlctors, nor IISSUJl1CS responsibility for any contractor's failure to perform its worle in accordance
with the contract docUlDe11l8.
(c) The Consultant is not responstble for any duties assigned to the design professional in the construction contract that are
not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shaII state that the
contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify
the Client and the CoOSC1ltant for all claims and liability arising out of job site accidents; and that the Client and the
Consultant shall be made additional insureds under the contractor's genera1liability insurance policy.
(IS) No ThJrd-Party Benefldarfet; Anlgnment ud Subcontracting. This Agreement gives no rights or benefits to
anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole benefit of the Client and the Consultant. The Client shalI not assign or transfer any rights under or
interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent
of the Consultant. The CbnSultant reserves the right to augment its staff with subconsultants as it deems appropriate due to
project logistics, schedules, or marlcet conditioDS. If the Consultant exercises this right, the Consultant will maintain the
agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house
employees, contract employees, or independent subconsu1tants.
(16) Conftdentfalfty. The Client consents to the use and dissemination by the Consultant of photographs of the project and
to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its savices. If,
however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant
shall use reasonable care to maintain the confidentiality of that material.
(17) MfscellaneolU ProWlona. This Agreement is to be governed by the law of the State of Florida. Thia Agreement
contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous
negotiations, representatiQDS, agreements or understandings, whether written or oral. Except as provided in Section I, this
Agreement can be supplemented or alt1CDded only by a written document executed by both parties. Provided, however, that
any conflicting or additional teDns on any purchase order issued by the Client shall be void and are hereby expressly
rejected by the Consultant Any provision in this Agreemmt that is unenforceable shal1 be ineffective to the extent of such
unenforceability without invalidating the remaining provisions. The non-coforcement of any provision by either party shal1
not constitute a waiver of that provision nor shaII it affect the enforceability of that provision or of the remaiMer of this
Agreement.
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Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Rick Conner, City Manager
DATE:
9/17/2009
RE:
Ratify Approval of Contract with Kimley-Horn & Associates, Inc. for
Professional Traffic Signal Design Services for the Intersection Located
at 182nd Street and Collins Avenue
RECOMMENDA TION:
Ratify the Contract with Kimley-Horn to design the 182nd Street Intersection
Signalization in an amount of $26,500.
REASONS:
The City Commission recently entered into an agreement with Raanan Katz to help
develop the 182nd Street Intersection as quickly as possible. The staff negotiated an
agreement with Kimley-Horn to preform the complete design services for $26,500, and
because of the time factors involved in moving this project forward, approved the
contract. We are now asking the City Commission to ratify this contract.
FUNDING SOURCE:
Capital Project Account Number 20-600-5672.
ATTACHMENTS:
. Resolution
. Agreement
http://sibagenda.sibfl.net/agenda/Preview.aspx?ltemID=72&MeetingID
Agenda Item I 0 (9
Date q -lJ -DC]