HomeMy WebLinkAboutReso 2011-1694
RESOLUTION NO. 2011- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH KIMLEY -HORN & ASSOCIATES, INC.
FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE
A TRAFFIC STUDY OF 183RD STREET AND COLLINS AVENUE,
IN A TOTAL AMOUNT NOT TO EXCEED FIFTEEN THOUSAND
TWO HUNDRED NINETY DOLLARS ($15,290.00), ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the area at the corner of 183rd Street and Collins Avenue has been a great
concern to the City of Sunny Isles Beach due to traffic issues and the safety of students attending
the Sunny Isles Beach Community School K-8; and
WHEREAS, the shopping center owner (RK Associates) has suggested placement of an
egress and ingress driveway 150 feet south of 183rd Street to allow vehicles to enter into the
shopping center from Collins Avenue instead of the driveway on 183 rd Street; and
WHEREAS, the City of Sunny Isles Beach is in need of a consultant to provide
professional engineering services for a traffic study of 183 rd Street and Collins Avenue prior to
submitting for a driveway permit from the Florida Department of Transportation (FDOT); and
WHEREAS, the City requested a proposal for said services from the City's approved list
of pre-qualified engineering companies, and Kimley-Horn & Associates, Inc. expressed the
ability and desire to provide these services and submitted a proposal, and Kimley-Horn &
Associates, Inc. are qualified, willing and able to provide said services; and
WHEREAS, the City Commission wishes to enter into an agreement with Kimley-Horn
& Associates, Inc. for professional engineering services to provide a traffic study of 183rd Street
and Collins Avenue, in an amount not to exceed Thirteen Thousand Nine Hundred Dollars
($13,900.00), attached hereto as Exhibit "A", with a ten percent (10%) contingency to cover
permits or submittal costs to FDOT, in a total amount not to exceed Fifteen Thousand Two
Hundred Ninety Dollars ($15,290.00); and
WHEREAS, the cost for the traffic study will be shared equally between RK Associates
and the City of Sunny Isles Beach, in an amount of Seven Thousand Six Hundred Forty-Five
Dollars ($7,645.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves the Agreement
with Kimley-Horn & Associates, Inc., for professional engineering services to provide a traffic
RlOII- Kimley-Horn Agmt 183 St Traffic Study
Page 1 of2
study of 183rd Street and Collins Avenue, in an amount not to exceed Thirteen Thousand Nine
Hundred Dollars ($13,900.00), attached hereto as Exhibit "A", with a ten percent (10%)
contingency for a total amount not to exceed Fifteen Thousand Two Hundred Ninety Dollars
($15,290.00).
Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 1 ih day of March 2011.
,
. ATTEST: -'.
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J~ne A. Hine<EMC, City Clerk
Moved by:
Seconded by:
Cf\~ SC.\-\O'-.L
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Vote: t;-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
~(Yes)
~(Yes)
-1L(Yes)
~(Yes)
----\.L(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R20 11- Kimley-Horn Agmt 183 St Traffic Study
Page 2 of2
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND KIMLEY-HORN & ASSOCIATES, INC. FOR PROFESSIONAL
TRAFFIC ENGINEERING CONSULTING SERVICES
CONTRACT NO. CIOII-033
TIDS SERVICE AGREEMENT ("Agreement") entered into this _day of
2011, 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 &
ASSOCIATES, INC., authorized to do business in the State of Florida (hereinafter referred to as
"Consultant"), whose Federal J.D. # is
RECITALS
WHEREAS, the City is in need of a consultant to provide professional traffic and
transportation engineering consulting services for signal variance support located at 183rd Street
and Collins A venue ("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 Tasks 1, 2 and 3 of
the Services described in Attachment "A", which is attached hereto and made a part hereof,
including traffic counts, driveway closure analysis and signal analysis, and
WHEREAS, the City desires to enter into this Agreement with Consultant to provide
the Services in the amount not to exceed Thirteen Thousand Nine Hundred Dollars ($13,900.00),
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. RECIT ALS: 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 Task 1,2, and 3
of 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
ClOII-033 KIMLEY-HORN & ASSOCIATES, INC. TRAFFIC STUDY AGREEMENT
Page 1 of 7 '~':~I ~\ B
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. 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 no later than 45 (Forty-Five) days from issuance of Notice to Proceed from City
Manager or his Designee. Payment will be made only for work completed to the satisfaction of
the City. Consultant is to commence performance of work on the Issuance of Notice to Proceed
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.
4. COMPENSATION: Consultant shall be compensated a total fee not to exceed Thirteen
Thousand Nine Hundred Dollars ($13,900.00) to perform Tasks 1, 2 and 3 of the Services
described in Attachment "A". 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 City shall pay the invoiced amounts within
thirty (30) days after receipt of the invoice. 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.
5. ADDITIONAL SERVICES OF CONSULTANT. Additional Services of Consultant
are hereby defmed as any Services other than Tasks 1, 2 or 3 of the Services described in
Attachment "A" of this Agreement ("Additional Services"), which are authorized by the City
Manager or his designee and performed by Consultant. Prior to performing Additional Services,
Consultant shall be required to submit a written request for the requested Additional Services and
obtain the written approval of the City Manager or his designee. The request for Additional
Services shall at a minimum include a description of the services to be performed, the reason
why the Additional Services are needed or required, a schedule of completion of the proposed
Additional Services, and a not-to-exceed amount for the performance of the proposed Additional
Services. Each approved Additional Services request shall be billed separately. Payment for
Additional Services will not be made unless the Additional Services are approved by the City
Manager or his designee in writing with a not-to-exceed amount prior to the Additional Services
being performed. Consultant shall commence performance of Additional Services only upon
written authorization to proceed upon such tasks issued by the City Manager or his designee.
6. 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,
CIOII-033 KlMLEY-HORN & ASSOCIATES, INC. TRAFFIC STUDY AGREEMENT
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products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000) per occurrence and
Two Million Dollars ($2,000,000) aggregate.
o Worker's Compensation, as required by the State of Florida, but with no less than
$1,000,000 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) per occurrence, One Million Dollars ($1,000,000) per accident for
bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for
property damage.
o Professional Liability Insurance, with a minimum limit of not less than Thee
Million Dollars ($1,000,000.00) per claim and aggregate for errors and/or
omissions of Consultant in the performance of this Agreement.
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 AM. 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 Manager or his designee.
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 Manager or his
designee. 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. ANY EXCEPTIONS TO
THE INSURANCE REQillREMENTS IN TIllS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
7. OWNERSIllP 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.
8. INDEPENDENT CONSULTANT RELA TIONSIllP: 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 Consultant and is to have entire charge,bcontrol and supervision of the work to be performed hereunder.
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ClOII-033 KIMLEY-HORN & ASSOCIATES, INC. TRAFFIC STUDY AGREEMENT
Page 3 of 7
9. 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, Consultant 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, Code of the City of Sunny Isles Beach, the City Commission may
terminate this Contract for violation of the above-referenced ethical standards.
10. WAIVER OF LIABILITY/DUTY TO INDEMNITY. DEFEND AND HOLD
HARMLESS: The City shall not in any way be answerable or accountable for any violations of
applicable laws or for any injury, loss or damage arising from the negligence or omission of
Consultant or anyone of its employees, Consultants or agents. The Consultant agrees, to the
fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent
acts, errors, mistakes or omissions relating to professional services performed under this
Agreement.
The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
services in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Consultant may be legally liable.
Consultant acknowledges and agrees that the City would not enter into this Agreement without
this indemnification of City by Consultant and that the City's entering into this Agreement shall
constitute good and sufficient consideration for this indemnification. The indemnity provisions
in this Section shall survive the expiration or earlier termination of this Agreement. Nothing in
this Agreement shall be construed to affect in any way the City's rights, privileges and
immunities as set forth in Section 768.28, Florida Statutes.
11. 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.
ClOll-033 KIMLEY-HORN & ASSOCIATES. INe. TRAFFIC STUDY AGREEMENT
Page 4 of 7
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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
(i.) In the event of termination, all fmished and unf"mished documents, data and other
work product prepared by Consultant 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 4 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
subsection A (i) and (ii) above shall be applicable.
C. Termination for Insolvencv. 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: Jorge Vera With a copy to:
Acting 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: 305-947-0606 Sunny Isles Beach, Florida 33160
Ph: 305-947-0606
ClOII-033 KIMLEY-HORN & ASSOCIATES. INC. TRAFFIC STUDY AGREEMENT
Page 5 of7
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If to the Consultant: Michael Spruce, P.E.
Vice President
Kimley-Horn & Associates, Inc.
1690 South Congress Avenue,
Suite 100
Delray, 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
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. ARBITRATION: 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. 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.
17. l\fiSCELLANEOUS:
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.
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ClOII-033 KIMLEY-HORN & ASSOCIATES. INe. TRAFFIC STUDY AGREEMENT
Page 6 of7
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 of this 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the
day and year first written above.
WITNESSES:
CONSULTANT:
KIl\1LEY-HORN & ASSOCIATES, INC.
Signature
BY:
Michael Spruce, P.E., Vice President
Print Name
WITNESSES:
Signature
Print name
ATTEST
CITY OF SUNNY ISLES BEACH
Jane Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUF CIENCY
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ClOII-033 KIMLEY-HORN & ASSOCIATES, lNC. TRAFFIC STUDY AGREEMENT
Page 7 of 7
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:
Jorge L. Vera, Acting City Manager
DATE:
3/17/2011
RE:
Driveway study 18290 Collins Avenue shopping center.
RECOMMENDATION:
Staff is recommending approval of the attached resolution for the proposed driveway
study at the shopping center located at 18290 Collins Avenue.
REASONS:
The area at the corner of 183 street and Collins A venue has been a concern due to traffic
issues between vehicle and pedestrian. The traffic turning into the shopping center along
with the crosswalk on Collins Avenue being used by the students attending the K-8
school creates a concern to the safety of the students.
The shopping center owner has suggested the placement of an egress and ingress
driveway 150 feet South of 183 street to allow vehicle to enter the shopping center thru
Collins A venue instead of using the driveway on 183 street. In addition to the driveway
on Collins Avenue, the driveway on 183 Street would only be used from exiting the
shopping center.
A traffic study would have to be made for the area prior to submitting for a driveway
permit to FOOT. The City has requested a proposal for the traffic study services from the
list of pre-qualified engineering companies that the City approved under the Consulting
Competitive Negotiation Act. Kimley-Horn and Associates, Inc submitted a proposal to
perform these services for a total of not to exceed $13,900 with a 10% contingency to
cover permits or submittal cost to FOOT for a total of $15,290. The cost for the study
will be shared equally between the shopping center owner ( RK Associates and the City.
ADDITIONAL INFORMATION:
The expected completion date of this study the first week April.
ATTACHMENTS:
. Resolution
. Agreement
http://sibagenda.sibfl.netlagenda/Preview .aspx?I temID=4 5 9&MeetingID=0&MeetingDate... 3/1 0/20 11
.....
RK ASSOCIATES
17100 Collins Avenue · Surte 225
Sunny Isles Beach, Florida 33160
Telephone: 305-949-4110. Facsimile: 305-948-3410
456 Providence Highway · Post Office Box III
Dedham, Massachusetts 02027-0111
Telephone: 781-320-0001 · Facsimile: 781-320-3610
www.rkcenters.com
March 11, 2011
Mr. Jorge Vera
City of Sunny Isles Beach
City Manager
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
RE: DRIVEWAY STUDY- CURB CUT FOR 18090-18290 COLLINS AVENUE
Dear Mr. Vera:
Pursuant to our conversation, we agree to re-imburse the City of Sunny Isles
Beach up to $7,645.00 for fifty percent (50%) of the cost for the driveway study
for the curb cut at the above property performed by Kimley-Horn and Associates.
Payment will be remitted to the City of Sunny Isles Beach upon completion of the
driveway study, the hiring of the contractor to perform the work for the curb cut,
and an agreement between us and the City of Sunny Isles Beach of how this job
is going to be supervised.
cc: Raanan Katz
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Agenda Ite~'\J"""~"l.O..B
Date 3- 17 - II