HomeMy WebLinkAboutReso 2011-1818
RESOLUTION NO. 2011- \ cr; IS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AWARDING RFQ NO. 11-
11-01 TO AND ENTERING INTO AN AGREEMENT WITH
KIMLEY-HORN & ASSOCIATES, INC. TO PROVIDE TRAFFIC
ENGINEERING SERVICES FOR THE 183 STREET CAPITAL
IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO EXCEED
NINETEEN THOUSAND NINE HUNDRED DOLLARS
($19,900.00), 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 FORAN 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 183rd Street; and
WHEREAS, on March 17, 2011 via Resolution No. 2011-1694, the City Commission
approved an agreement with Kimley-Horn & Associates, Inc., to provide professional
engineering services for a traffic study of 183 rd Street and Collins A venue prior to submitting for
a driveway permit from the Florida Department of Transportation (FDOT); and
WHEREAS, on April 25, 2011 Kimley-Horn & Associates, Inc. produced a traffic report
which was necessary in order to obtain preliminary approval from Miami-Dade County and the
Florida Department of Transportation prior to the development of the necessary driveway and
signalization improvements in the area as required by the City; and
WHEREAS, the City issued and advertised Request for Qualifications (RFQ) No. 11-11-
01 for Traffic Engineering Services for the 183 Street Capital Improvement Project, and based on
relevant experience, qualifications, past performance, and the firm's knowledge of the
intersection in question, City staff recommends the firm of Kimley-Horn and Associates, Inc., for
award of RFQ No. 11-11-01 for Traffic Engineering Services and approve an agreement with
Kimley-Horn Associates, Inc.; and
WHEREAS, 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 Traffic Engineering Services for 183 Street and Collins Avenue, in an
amount not to exceed Nineteen Thousand Nine Hundred Dollars ($19,900.00), attached hereto as
Exhibit "A", with a ten percent (10%) contingency to cover permits or submittal costs to FDOT.
R20 11- Kimley-Horn Agmt 183 St Trallie Eng Srvs RFQ 11-11-0 I
Page I 01'2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Award of RFQ and Approval of Agreement. The City Commission hereby awards
RFQ 11-11-01 to and enters into an Agreement with Kimley- Horn & Associates, Inc., for Traffic
Engineering Services for 183 Street and Collins Avenue, in an amount not to exceed Nineteen
Thousand Nine Hundred Dollars ($19,900.00), attached hereto as Exhibit "A", with a ten percent
(10%) contingency.
Section 3. Authorization of Mayor. The Mayor IS hereby authorized to execute said
Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of December 2011.
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ATTEST:
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.: '. Jane A. Hmes, CMC, CIty Clerk
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Ap..p\ove' s to Form and
fga\ S 1 e y:
Vote: S-t)
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
Moved by:
Seconded by:
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V (Yes)
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_(Yes)
_(No)
_(No)
_(No)
_(No)
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R20 11- Kimley-Horn Agmt 183 St Traffic Eng Srvs RFQ 11-1 ] -0 I
Page 2 of2
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AGREEMENT BETWEEN THE n{;y OF SUNNY ISLES BEACH
AND KIMLEY-HORN t.ASSOCIATES, INC.
FOR TRAFFIC ENGINEERING SERVICES
CONTRACT NO. Cll12-005
THIS SERVICE AGREEMENT ("Agreement") entered into this 2?/~ay of DeaO'>'! &u
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 .&a..,d @
ASSOCIATES, INC., authorized to do business in the State of Florida (hereinafter referred to as t""
"Consultant"), whose Federal J.D. # is s.Co- oes $(0/..5
RECITALS
WHEREAS, the City is in need of a consultant to provide traffic engineering services for
the capital project for the improvement of conditions at the intersection of 183rd Street and
Collins A venue ("Services"); and
WHEREAS, the City issued Request for Qualifications No. 11-11-01 to perform traffic
engineering services, and Consultant submitted a response thereto; 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 enter into this Agreement with Consultant to provide
the Services in the amount not to exceed Nineteen Thousand Nine Hundred Dollars
($19,900.00), as more fully described in Attachment "A", which is attached hereto and
incorporated herein by reference.
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: Consult~t agrees to furnish all labor and materials in a good workmanlike
and professional manner and to perform the Services designated in Attachment "A". 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 undertake the completion of performance of Services, Consultant agrees to indemnifY
Sin
C1112-005 KlMLEY-HORN & ASSOCIATES, INe. AGREEMENT
Page I of8
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: The term of this Agreement shall commence upon issuance of a Notice to
Proceed from the City Manager or his designee and shall be complete no later than Six (6)
months thereafter. Consultant acknowledges that compliance with the commencement and
completion deadline is the essence of this Agreement.
4. COMPENSATION: Consultant shall be compensated a total fee not to exceed
Nineteen Thousand Nine Hundred Dollars ($19,900.00) for the performance of the stated
Services. Payment to Consultant for all charges and tasks under this Agreement shall be in
accordance with this Agreement and the schedule of charges reflected in Attachment "A", which
fee shall be disbursed on a monthly basis and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have been rendered in
conformity with the Agreement, the invoice will be sent to the Finance Department for payment.
Invoices must reference the contract number assigned hereto. Invoices will be paid in
accordance with the State of Florida Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City.
This certifies that all services have been properly performed and all charges and costs have been
invoiced to the City. Since this account will thereupon be closed, any other additional charges, if
not properly included on this final invoice, are waived by the Consultant.
Consultant shall make no other charges to the City for supplies, labor, taxes, 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.
Consultant shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
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:
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C1112-005 KlMLEY-HORN & ASSOCIATES, INe. AGREEMENT
Page 2 of8
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) 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 One
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 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 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 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 Consultant and is to have entire charge,
control and supervision of the work to be performed hereunder.
C1112-005 KIMLEY-HORN & ASSOCIATES, INC, AGREEMENT
Page 3 of8
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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, Consultant shall comply with all applicable
conflict of interest provisions as provided in Florida statutes, Miami-D.ade 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.
9. WAIVER OF LIABILITY/DUTY TO INDEMNITY 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 any
one of its employees or agents. The Consultant agrees, to the fullest extent permitted by law, to
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 their
performance of Services under this Agreement.
The Consultant's duty to 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 resulting from the Consultant's performance of
Services under 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.
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.
C1112-005 KIMLEY-HORN & ASSOCIATES, INe. AGREEMENT
Page 4 of8
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11. 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 finished and unfinished 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 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.
12. 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: Alan J. Cohen 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 A venue
Ph: 305-947-0606 Sunny Isles Beach, Florida 33160
Ph: 305-947-0606
CII12-005 KIMLEY-HORN & ASSOCIATES, INe. AGREEMENT
Page 5 of8
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If to the Consultant: Mieha~
Vice President
Kimley-Horn & Associates, Inc.
/ . }.) 1690 South Congress Avenue,
(P, Suite 100
De!f'Il.'1 gec.c~ -9elmy, FL 33445
Ph: 561-330-2345
Fax: 561-330-2245
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13. 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.
14. 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.
15. 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.
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.
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CI I 12-005 KIMLEY-HORN & ASSOCIATES, INe. AGREEMENT
Page 6 of8
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, including any attachments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the
day and year first written above.
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C1112-005 KIMLEY-HORN & ASSOCIATES, INe. AGREEMENT
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WITNESSES:
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CONSULTANT: Q"J
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CITY OF SUNNY ISLES BEACH
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APPROVED AS TO FORM AND
LEGAL SUF IE CY
C1112-005 KlMLEY-HORN & ASSOCIATES, INC, AGREEMENT
Page 8 of8
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Kimley-Horn
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Mr. Giovanni Batista, RK Village Plaza, December 12,2011 Page I
December 12, 2011 Via e-mail
Mr. Giovanni Batista
Director
Public Works Department
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Re: RK Village Plaza
New Driveway Civil Engineering Services Proposal
Dear Mr. Batista,
Thank you for the opportunity to submit this letter agreement. Kimley- Horn and Associates, Inc. ("KHA"
or "Consultant") is pleased to submit this agreement (the "Agreement") to The City of Sunny Isles
Beach ("Client" or "City") to provide professional consulting services for the above-referenced project at
1820d Street and Collins Avenue in Sunny Isles Beach, Miami-Dade County, Florida, Pursuant to our
discussions, below is our scope of services and associated fees for the site development services required
for this project.
PROJECT UNDERSTANDING
The project is described as the design and permitting of a driveway entrance on Collins A venue (SR
A 1 A) with revised parking and landscaped islands immediately adjacent to the driveway. Modifications
to the existing parking lot and drive aisles, except the row of parking spaces immediately adjacent to
Collins A venue, are not being included as part of this Scope.
A report was prepared in April 2011 identifYing the impacts of converting the shopping center driveway
on 183rd Street near Collins Avenue to a right-out-only driveway, and constructing a new right-in/right-
out driveway on Collins A venue. A pre-application meeting was held with representatives from FDOT
District 6 Permits Department in May 2011 at which a right-inlright-out driveway on Collins Avenue was
conceptually approved. Miami-Dade County Public Works Department is currently reviewing the
proposal with respect to modifying the eastbound approach at 183 rd Street & Collins A venue to include a
left-turn lane and a shared left-turnlthroughlright-turn lane, It is not anticipated that the April 2011 report
would need to be updated prior to or during the design and permitting process unless substantial changes
(such as a different location for the driveway, substantially different treatment to the access on 183 rd
Street, etc.) are proposed in the design.
Since modifications to the shopping center access or to the turn lanes on 183rd Street are being considered,
it is recommended that conceptual approval be granted by Miami-Dade County Public Works Department
prior to commencement of design if modifications are anticipated to 183rd Street. Modifications to the
shopping center access or turn lanes on 183rd Street are not included as part oftrus Scope,
The scope of services is based on the following assumptions:
o The location of the proposed driveway has been generally established; once design commences,
the location not change,
o It is assumed that the throat depth of the proposed driveway location will be adequate per City
code. Longer throat depth and/or on-site impacts beyond those described above will be additional
ATTACHMENT "A"
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Kimley-Horn
and Associates, Inc.
Mr. Giovanni Batista, RK Village Plaza, December 12,2011 Page 2
serVIces.
. Site plan modification and platting are not required.
· The Client will supply information relevant to proof of ownership of the property,
., Existing utilities will be impacted by the construction, including a fire hydrant, water service, and
site and roadway lighting. KHA will obtain readily available information on the utilities affected
and design and permit relocations.
., This project will require a plan review with the Miami Dade County Department of
Environmental Resources Management.
· Lighting plans (if required) will be provided by the Client's electrical engineer and incorporated
into the engineering plans for coordination purposes only,
. KHA may require soft-digs to be performed along Collins Avenue at the proposed relocated
driveway location. This Scope of Services does not include the performance of soft-digs. The
responsibility for scheduling, performing, and the cost of soft-digs shall be the responsibility of
the Client. KHA will identify the locations. The results of the soft-dig shall be surveyed and
provided to KHA.
. The project will be permitted and constructed in one phase,
e There are no wetlands or species of concern in the project area given.
fl Water use permitting for dewatering or irrigation is not included.
fl Specialty paving systems, hardscape, and decorative site amenities are not anticipated for the
project and are not included in this scope of work.
fl The Client is responsible for coordinating construction bidding of the project. KHA will provide a
PDF to the Client to produce necessary bid sets, answer reasonable requests for information, and
issue addenda during bidding related to the site development.
., Filing of a National Pollutant Discharge Elimination System (NPDES) Notice of Intent is not
anticipated as the expected project area is less than one (1) acre,
fl All permit, application, and/or impact fees will be paid directly by the Client.
· ADA certification is not included,
· This scope of services and fee proposal anticipates that all design and permitting services will be
complete within six (6) months following notice to proceed, Construction phase services shall be
completed within six (6) months following commencement of construction, No more than thirty
(30) days will elapse between tasks,
SCOPE OF SERVICES
Task 1 - Data Collection / Survey
KHA will subcontract with a professional land surveyor to obtaining a site survey to collect the necessary
data for design, The surveyor will provide KHA with a drawing in AutoCAD 2007 format. The survey, to
be provided by the surveyor, shall include all information necessary for the driveway and parking lot
modifications, including existing parking stall locations, landscape islands, landscaping, drainage
structures, the location of underground and overhead utilities, topographic elevations, buildings and other
structures, and lighting structures, The survey will include topographic data at sufficient density to
characterize the site grades and will be referenced to an established datum with identified local
benchmarks. KHA will use the electronic survey file to develop a base map from which the parking lot
modifications will be designed. KHA will visit the site to review existing conditions, identify existing
observable elements that may affect the design, and to photograph areas of interest. KHA will obtain
roadway record surveys, if available, from the appropriate agencies. If no record information is available,
additional survey may be required.
8113
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Kimley-Horn
and Associates, Inc.
Mr. Giovanni Batista, RK Village Plaza, December 12,2011 Page 3
Task 2 - Pre-Application Meetinl! and Conceptual Plan
KHA will attend up to one (I) meeting with the City of Sunny Isles Beach to discuss the proposed
modifications to the site, The intent of the meeting is to establish and agree upon design criteria and
proposed circulation patterns and to discuss any drainage issues and known existing infrastructure that
may impact the improvements.
KHA will develop a conceptual plan for the proposed driveway and required parking lot modifications
based on the information obtained in Task 1. This plan will show the location of the driveway entrance
and the associated changes to the parking spaces and landscape islands. This plan will NOT address
drainage, lighting, or other utility or storm water issues. KHA will provide up to five (5) plan sets for use
by the City. Additional plan sets will be provided as additional services.
KHA will submit the conceptual plan to the City of Sunny Isles Beach for their review and comment.
KHA will coordinate with City staff to address up to one (I) round of reasonable review comments on the
preliminary design and then proceed to prepare the final plans.
Task 3 - Civil Enl!ineerinl! Services
KHA will prepare engineering plans for the improvements, anticipated to consist of the following:
. Cover sheet
. General notes
. Demolition plan
. Horizontal Control Plan
. Paving, grading, and drainage plans
. Signing and pavement marking plans
. Erosion and sedimentation control plan and details
. Paving, grading, drainage, and pavement marking details
Engineering plans will be prepared based on the conceptual plan and will incorporate the final comments
from the City. KHA will provide up to five (5) plan sets for use by the City, Additional plan sets will be
provided as additional services, It is anticipated that the new driveway will match the existing roadway
and parking grades and that the extent of the re-grading will be limited to the buffer between Collins
A venue and the parking lot. No re-grading is anticipated within the Collins A venue roadway or the on-
site parking lot as part of this scope.
The plans package will be submitted to the City for their review and comment. KHA will coordinate with
the City regarding any comments received. KHA will address a maximum of two (2) rounds of reasonable
review comments as part of this scope. Final plans will then be prepared and submitted to the City. Final
plans submittal to the City will include up to four (4) sets of 24" x 36" plans (bond media type), signed
and sealed by a Florida registered professional engineer, Additional plan sets will be provided as
additional services,
An opinion of probable cost will be prepared for improvements proposed as part of this Scope.
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Task 4 - Rel!ulatorv Al!encv Permittinl!
KHA will assist the Owner in obtaining permits from the following agencies:
o City of Sunny Isles Beach
· Florida Department of Transportation - Driveway Connection Permit
· Miami Dade County Department of Environmental Resources Management - Plan Review
. Miami Dade Water and Sewer Department - Blanket Form Water Utility Relocation
. Fire Department - Fire Hydrant Relocation
KHA will complete surface water management calculations necessary for submittal to the appropriate
permit agencies.
KHA will prepare the applications and submittal packages to the agencies listed above, KHA will
coordinate with the agencies for responses to requests for additional information and to assist the City in
obtaining the permits listed above. Scope of work includes a maximum of one (I) response to reasonable
review comments from the above referenced agencies. KHA cannot guarantee issuance of a permit by any
agency.
Task 5 - Construction Phase Services
I. Pre-Construction Conference. Attend pre-construction conferences as directed by the Client prior to
commencement of work at the site,
2, Visits to Site and Observation of Construction
a. Provide on-site construction observation services during the construction phase of the subject
project.
b. Make visits to the site at intervals as required by the project and the local regulatory agencies 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 general progress of the work.
c. The purpose of KHA's visits to the site will be to enable KHA to better carry out the duties and
responsibilities assigned in this Agreement to KHA during the construction phase by Client, and,
in addition, by the exercise ofKHA's efforts, to provide Client a greater degree of confidence that
the completed work will conform in general to the Contract Documents and that the integrity of
the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents has been implemented and preserved by Contractor.
KHA shall not, during such visits or as a result of such observations of Contractor's works 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 selected by Contractor, for safety precautions
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.
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3. 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 it will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents.
4. Clarifications and Interpretations. Issue necessary clarifications and interpretations of the Contract
Documents to Client as reasonably requested. Such clarifications and interpretations wiII be
consistent with the intent of the Contract Documents. Field Orders authorizing variations from the
requirements of the Contract Documents wiII be made by Client. Scope of work includes a maximum
of 5 clarifications and interpretations not due to the ambiguity of the plans,
5. Shop Drawings and Samples. 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 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 accuracy or completeness of details or
construction means or methods. KHA is not responsible for any deviations from the Contract
Documents not brought to KHA's attention in writing by the Contractor
(Site/CiviI/Landscape/Irrigation submittals only).
6. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal"
materials and equipment proposed by Contractor in accordance with the Contract Documents, but
subject to the provisions of applicable standards of state or local government entities.
7, Inspections and Tests. Require such special inspections or tests of Contractor's work as KHA deems
appropriate, and receive and review certificates of inspections within KHA's area of responsibility or
of tests and approvals required by laws and regulations or the contract documents, KHA's review of
such certificates will be for the purpose of determining that the results certified 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 shaIl be entitled to rely on the results of such tests and the facts being certified.
8, Disagreements between Client and Contractor. As necessary, render written decision on claims of
Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the progress of Contractor's work.
In rendering such opinions, KHA shaIl be fair and not show partiality to Client or Contractor and
shall not be liable in connection with any decision rendered in good faith in such capacity.
9. Limitation of Responsibilities, KHA shaIl not be responsible for the acts or omissions of any
Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing
or furnishing thc Work. KHA shaIl not have the authority or responsibility to stop the work of any
Contractor.
10. Substantial Completion, Promptly after notice from Contractor that Contractor considers the entire
Work ready for its intended use, in company with Client and Contractor, conduct a site visit to
determine if the Work is substantiaIly complete, Work wiII be considered substantially complete
foIlowing satisfactory completion of all items with the exception of those identified on a final punch
list. If after considering any objections of Client, KHA considers the work substantially complete;
KHA shall notify Client and Contractor.
11. Final Notice of Acceptability of the Work, Conduct a final site visit to determine if the completed
Work of Contractor is generally in accordance with the Contract Documents and the final punch list
so that KHA may recommend, in writing, final payment to Contractor. Accompanying the
recommendation for final payment, KHA shall also provide a notice that the Work is generally in
accordance with the Contract Documents to the best of KHA's knowledge, information, and belief
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and based on the extent of the services provided by KHA under this Agreement and based upon
information provided to KHA upon which it is entitled to rely.
12. As-Built Review: KHA will review as-builts provided by the contractor for conformance with the
approved plans,
13, Construction Certification of Completeness to Permitting Agencies: Upon satisfactory completion of
the work and submittal of satisfactory as-built drawings by the contractor, KHA will notify the
permitting Agencies that the project has been completed and that based on our periodic site
observations and information provided by the contractor that the project has been constructed in
general compliance with the site civil plans, specifications and permit conditions. Certifications will
be provided to agencies as applicable. An ADA certification is not included in this task or scope of
services.
ADDITIONAL SERVICES
KHA will provide, as requested and authorized by the Client, additional services that require services
beyond those described above. These additional services may include, but not be limited to:
. Permitting with agencies beyond those described above
· Response to County and/or City comments beyond those described above
. Additional meeting or public hearing attendance
. Environmental analysis and engineering, structural engineering, geotechnical engineering,
. Utility design beyond relocations necessary, including lift station design and permitting
· Landscape architecture and irrigation design plans
. Preparation of contractor bid packages or related services
. Site planning or platting services
. Assistance in preparation of easement documents or right-of-way dedication
. Additional plan sets
INFORMATION SUPPLIED BY CLIENT
The following information shall be provided to Kimley-Horn and Associates, lnc, on which it can rely to
comp lete the scope of services:
. Permit, application, and impact fees
. Signatures for applications, as necessary
· Access to the site by KHA staff
SCHEDULE
We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed
upon schedule.
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FEE AND BILLING
KHA will perform the services described above in Tasks 1 - 4 for the total lump sum fee below, inclusive
of direct expenses, All permitting, application, impact, and similar project fees will be paid directly by the
Client.
'"' . COTT DESCRIPTION I FEE I
1 Data Collection / Survey $3,800
2 Pre-Application Meeting and Conceptual Plan $1,500
3 Civil Engineering Services $7,700
4 Regulatory Agency Permitting $6,900
Total Fee $19,900
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
KHA will perform the Services in Task 5 on a labor fee plus expense basis, Labor fee will be billed on an
hourly basis according to the attached rate schedule, which is subject to annual adjustment.
Direct reimbursable expenses related to Task 5, such as express delivery services, fees, air travel, and
other direct expenses, will be billed at 1.15 times cost. A percentage of labor fee 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. Administrative time related to the project will be billed hourly.
Technical use of computers for design, analysis, GIS, and graphics, etc, will be billed at $25.00 per hour.
All permitting, application, and similar project fees will be paid directly by the Client. Any fee estimates
in this Agreement are for general budgeting purposes only. Actual fees may be less or more than the
estimates.
Payment will be due within 25 days of your receipt of the invoice.
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CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the
terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used
in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and
the term "the Client" shall refer to The City of Sunny Isles Beach.
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.
We appreciate the opportunity to provide these services to you. Please contact Adam Kerr at (561) 840-
8665 if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
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By:
Michael D. Spruce, P.E.
Vice President
Adam B. Kerr, P.E.
Project Manager
Attachment - Standard Provisions
City of Sunny Isles Beach
A Municipality
(Date)
(Email Address)
, Witness
Print Name
Official Seal:
K:\BCD_Civil\...MARKETlNG\2011\City of Sunny Isles Beach\Original Proposal\2011.l2.l2.Sunny Isles - ProposaLdoc
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ST ANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional services
extends only to the services specifically described in this Agreement. However, if requcsted by the Client and agreed to by the
Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions, Unless otherwise agreed to
in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then-current hourly
rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word
processing, Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design, analysis, GIS, and
graphics, etc., will be billed at $25.00 per hour.
(2) Client's Responsibilities. 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 all 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 Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably
necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements,
upon all of which the Consultant may rely,
(d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services,
(e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services ofthe Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from
other parties 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,
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope,
timing, or payment of the Consultant's services or any defect or noncompliance in any aspect of the project.
(i) Bear all costs incidental to the responsibilities of the Client.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of a properly executed
copy of this Agreement and any required retainer amount. This Agreement is made in anticipation of conditions permitting
continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays
or suspensions due to circumstances 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 provisions:
(a) Invoices will be submitted periodically for services performed and expenses incurred, Payment of each invoice will be due within
25 days of receipt. The Client shall also pay any applicable sales tax, All retainers will be held by the Consultant for the duration 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 fails to make any payment due to the Consultant tmder this or 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 and withhold
deliverables tmtil all amounts due are paid in full and may commence proceedings, including filing liens, to secure its right to payment
under this Agreement.
(b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's invoice
within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
(c) 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 or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing, Ifthe Client objects to
only a portion ofthe invoice, payment for all other portions remains due within 25 days of receipt.
(d) The Client agrees that the payment to the Consultant is not subject to any contingency or condition, The Consultant may negotiate
payment of any check tendered 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 right of the
Consultant to collect additional amounts from the Client.
(5) Use of Documents. All documents, including but not limited to drawings, specifications, reports, and data or programs stored
electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if
the Client has satisfied all 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 Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptatjon by the
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Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the
Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting there from.
The Consultant's electronic files and source code developed in the development of application code remain the property of the
Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an
electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any
defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the
hardcopy shall govern. Because data stored in electronic media format can deteriorate or be modified without the Consultant's
authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data,
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by
others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but
not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its
judgment as an experienced and qualified professional, familiar with the industry, The Consultant cannot and does not guarantee that
proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any
cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by
the Client will be paid for as Additional Services.
(7) Termination. 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
fault ofthe terminating party, or upon thirty days' written notice for the convenience of the terminating party, Ifany change occurs in
the ownership of the Client, the Consultant shall have the right to immediately terminate this Agreement. In the event of any
termination, the Consultant 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 performed,
as reasonably determined by the Consultant, to the total amount of services which were to have been performed,
(8) Insurance. 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
insurance, if obtainable, at the Client's expense,
(9) Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable members of its 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 its 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 risks and benefits of the Project to the Client and the Consultant,
the risks have been allocated such that the Client agrees, to the fullest extent of the law, and notwithstanding any other provisions of
this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the
Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the
Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services
under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict
liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees,
agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000,
whichever is greater, Higher limits ofliability may be negotiated for additional fee, Under no circumstances shall the Consultant be
liable for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work
in accordance with the plans and specifications, This Section 10 is intended solely to limit the remedies available to the Client or
those claiming by or through the Client, and nothing in this Section 10 shall require the Client to indemnify the Consultant.
(11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential,
incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits,
(12) Certifications. The Consultant shall not be required to execute certifications or third-party reliance letters that are inaccurate,
that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable
rules of professional responsibility,
(13) Dispute Resolution. All claims by the Client arising out ofthis Agreement or its breach shall be submitted first to mediation in
accordance with the Construction Industry Mediation Procedures of the American Arbitration Association as a condition precedent to
litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted
but in no event later than allowed by applicable statutes. ,~: ~; ;:)
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(14) Hazardous Substances and Conditions. In no event shall Consultant be a custodian, transporter, handler, arranger, contractor,
or remediator with respect to hazardous substances 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, The
Consultant shall notify the Client of hazardous substances or conditions not 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 eliminated.
(15) Constl'Uction Phase Services.
(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 assumes 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 provides construction phase services, the Consultant shall have no responsibility for any contractor's means,
methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have
any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of
endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to
the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes
responsibility for any contractor's failure to perform its work in accordance with the contract documents,
(c) The Consultant is not responsible 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 shall 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
Consultant 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 general liability insurance policy.
(16) No Third-Party Beneficiaries; Assignment and 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 shall 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 Consultant reserves
the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions, 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 subconsultants,
(17) Confidentiality. 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 services, 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.
(18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida, This Agreement contains the
entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations,
agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or
amended only by a written document executed by both parties. Provided, however, that any conflicting or additional terms on any
purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this
Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining
provisions, The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3Il3 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Giovanni Batista, Public Works Director
DATE:
12/1512011
RE:
Award of Request for Qualifications (RFQ) No. 11-11-01 for Traffic
Engineering Services to Kimley-Horn and Associates, Inc.
,
RECOMMENDATION:
Approve the contract
REASONS:
The contract moves forward the capital project for the improvement of conditions at the
intersection of Collins Avenue and 183rd Street.
ADDITIONAL INFORMATION:
The City issued an RFQ to qualify a traffic engineering firm to work on the capital
project for the improvement of conditions at the intersection of Collins Avenue and
183rd Street. Staff is recommending Kimley-Horn & Associates (KHA), the firm that
conducted the initial traffic study of the intersection. KHA would now be responsible for
designing the related improvements and producing the requisite drawings for the City to
issue a construction RFP.
FOOT recently provided conceptual approval of the proposed curb cut on Collins
Avenue. A pending request for conceptual approval of the 183rd Street lane
configuaration revision has been submitted to Miami-Dade County Department of Public
Works. Designs will not be developed until the conceptual approvals have been obtained.
Final approval from FDOT will be contingent on submission of design drawings from the
Consultant.
FUNDING SOURCE:
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Agenda Item lOca
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Funding is available in Account No. 11-600-5685.
http://sibagenda.sibfl.net/agenda/Preview .aspx?I temID=669&MeetingID=0&MeetingDate... 12/9/2011