Loading...
Res No 065-23-15998RESOLUTION NO.065-23-15998 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE PROPOSAL AND PROJECT WORK/PURCHASE ORDER WITH KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE ENGINEERING SERVICES FOR A STRUCTURAL AND WATERPROOFING CONDITION ASSESSMENT AND CONSTRUCTION DOCUMENTS FOR THE MUNICIPAL PARKING GARAGE LOCATED AT 5829 SW 73" STREET; PROVIDING FOR AUTHORIZATION; IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City owns and operates a municipal parking garage structure located at 5829 SW 73`d Street that provides approximately 435 parking stalls, and restaurants and retail spaces at ground level (the "Parking Garage"); and WHEREAS, the Parking Garage is over sixteen (16) years old; and WHEREAS, the Public Works and Engineering Departments have observed several loose joints material, cracks and exposed rebars on the joints throughout the Parking Garage structure; and WHEREAS, regularly scheduled condition assessments in parking garages are critical to maximize the structure's service life, minimize cost and operational impacts for repairs and maximize patron safety; and WHEREAS, the Public Works and Engineering Departments recommend performance of a structural and waterproofing condition assessment for the Parking Garage; and WHEREAS, Kimley-Horn and Associates, Inc. (the "Consultant"), was requested to provide a proposal for engineering services to provide a structural and waterproofing condition assessment and restoration construction documents for the Parking Garage ("Services"); and WHEREAS, in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act ("CCNA")", Consultant is one of various firms selected by the City Commission pursuant to RFQ No. PW2022-03, and approved in Resolution No. 056-22-15809, to provide professional engineering services, as needed, and resulting in the City entering into a continuing Professional Services Agreement with Consultant dated May 3, 2022 for such services; and Page 1 of 5 Res. No. 065-23-15998 WHEREAS, a proposal was received from the Consultant in the amount of $48,205.50 for the Services, attached hereto as Exhibit "A'; and WHEREAS, the City Commission desires to approve the Consultant's Proposal for the Services attached hereto as Exhibit "A" and authorize the City Manager to issue and execute a Project Work/Purchase Order with the Consultant for the Services in substantially the form attached hereto as Exhibit `B'; and WHEREAS, the $48,205.50 expense for the Services will be charged to the Capital Improvement Program Fund Account No. 301-1410-513-6430 which has a balance of $142,824 prior to this request; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above -stated recitals are true and correct and are incorporated herein by this reference. Section 2. Approval and Authorization. The City Commission approves the Consultant's Proposal attached hereto as Exhibit "A" and authorizes the City Manager to issue a Project Work/Purchase Order to Kimley-Horn and Associates, Inc., for a Structural and Waterproofing Condition Assessment and Restoration Construction Documents for the Parking Garage, in substantially the form attached hereto as Exhibit "B", for a lump sum fee not to exceed $48,205.50, payable from the Capital Improvement Program Fund Account No. 301-1410-513- 6430 which has a balance of $142,824 prior to this request. Section 3. Implementation. The City Manager is hereby authorized to take any and all action necessary to implement this Resolution. Page 2 of 5 Res. No. 065-23-15998 Section 4. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 5. Severability. If any section clause, sentence, or phrase of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 61h day of June, 2023. ATTEST: CITYtLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY • r •u APPROVED: AYOR COMMISSION VOTE: 5-0 Mayor Fernandez: Yea Vice Mayor Bonich: Yea Commissioner Calle: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 3 of 5 Res. No. 065-23-15998 EXHIBIT 'W' (Consultant's Proposal) Page 4 of 5 Res. No. 065-23-15998 EXHIBIT "B" (Project Work/Purchase Order) Page 5 of 5 PROJECT WORK/PURCHASE ORDER Between CITY OF SOUTH MIAMI, FLORIDA And KIMLEY-HORN AND ASSOCIATES, INC. Project Name: City of South Miami Municipal Parking Garage — Structural and Waterproofing Condition Assessment and Restoration Construction Documents 1 of I Iof12 PROJECT WORK/PURCHASE ORDER Between CITY OF SOUTH MIAMI, FLORIDA And KIMLEY-HORN AND ASSOCIATES, INC. Project Name: City of South Miami Municipal Parking Garage — Structural and Waterproofing Condition Assessment and Restoration Construction Documents Subject to the provisions contained in the "Professional Services Agreement for Professional General Engineering and Architectural Services" (hereinafter referred to as the "Professional Services Agreement") between the CITY OF SOUTH MIAMI, FLORIDA (hereinafter referred to as "City") and KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter referred to as "Consultant") dated May 3, 2022, which Professional Services Agreement was competitively procured through Request For Qualifications (RFQ) No. PW2022-03 in accordance with Section 287.955 Florida Statutes. This Project Work/Purchase Order is made effective as of the I 6th Dav of June 2023, and authorizes the Consultant to provide the services as set forth below: SECTION 1. SCOPE OF SERVICES 1.1 Consultant shall provide professional engineering services, including Structural and Waterproofing Condition Assessment and Restoration Construction Documents for the City of South Miami Municipal Parking Garage located at 6829 SW 73fd Street, South Miami, Florida, and complete the tasks that are identified and described in the project proposal, attached hereto as Exhibit "1" for the City (the "Services"). 1.2 The City may request changes that would increase, decrease, or otherwise modify the scope of services outlined under the Project Proposal attached hereto as Exhibit•"1." Such changes must be contained in a written change order executed by the parties in accordance with the provisions of the Professional Services Agreement, prior to any deviation from the terms of this Project Work/Purchase Order, including the initiation of any extra work. SECTION 2. DELIVERABLES 2.1 As part of the scope of services and project schedule, the Consultant shall provide the City with the Deliverables identified in the Project Proposal attached hereto as Exhibit "1." SECTION 3. TERMITIME OF PERFORMANCE/DAMAGE 3.1 Term. This Project Work/Purchase Order shall commence on the date this instrument is fully executed by all parties and shall continue in full force and effect until terminated pursuant to Section 6 or other applicable provisions of this Project Work/Purchase Order. The City Manager, in his sole discretion, may extend the term of this Project Work/Purchase Order through written notification to the Consultant. Such extension shall not exceed 90 days. No further extensions of this Agreement shall be effective unless authorized by the City Manager. 1 of 4 2 of 12 3.2 Commencement. Services provided by the Consultant under this Project Work/Purchase Order and the time frames applicable to this Project shall commence upon the date provided in a written Notice to Proceed ("Commencement Date") provided to the Consultant by the City. The Consultant shall not incur any expenses or obligations for payment to third parties prior to the issuance of the Notice to Proceed. Consultant must receive written notice from the City Manager prior to the beginning the performance of services. 3.3 Contract Time. Upon receipt of the Notice to Proceed, the Consultant shall provide services to the City on the Commencement Date, and shall continuously perform services to the City, without interruption, in accordance with the time frames set forth in the Project Proposal attached and incorporated into this Agreement as Exhibit 1". The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, whichever shall last occur, shall constitute the Contract Time. 3.4 All limitations of time set forth in this Agreement are of the essence. SECTION 4. AMOUNT, BASIS AND METHOD OF COMPENSATION 4.1 Compensation. Consultant shall be compensated for the provision of the Services in accordance with Exhibit "1" attached hereto. Consultant shall receive a total lump sum fee of $48,205.50 for this Project. 4.2 Reimbursable Expenses. compensation listed in Section 4.1 above. SECTION 5. BILLING AND PAYMENTS 5.1 Invoices All reimbursable expenses are included in the total 5.1.1. _Compensation and Reimbursable Expenses. Consultant shall submit invoices which are identified by the specific project number on a monthly basis in a timely manner. These invoices shall identify the nature of the work performed, the phase of work, and the estimated percent of work accomplished in accordance with the Payment Schedule attached hereto as Exhibit "1", attached hereto and made part of this Agreement. Invoices for each phase shall not exceed amounts allocated to said phase plus reimbursable expenses accrued during each phase. The statement shall show a summary of fees with accrual of the total and credits for portions paid previously. 5.1.2. Florida Prompt Payment Act. The City shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Manager. 5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the City for payment to the Consultant is disputed, or additional backup documentation is required, the City shall notify the Consultant within fifteen (15) working days of receipt of the invoice of such objection, modification or additional documentation request. The Consultant shall provide the City within five (5) working days of the date of the City's notice. The City may request additional information, including but not limited to, all invoices, time records, expense records, accounting records, and payment records of the Consultant. The City, at its sole discretion, may pay to the Consultant the undisputed portion of the invoice. The parties shall endeavor to resolve the dispute in a mutually agreeable fashion. 2 of 4 3 of 12 5.3 Suspension of Payment. In the event that the City becomes credibly informed that any representations of the Consultant, provided pursuant to Subparagraph 5.1, are wholly or partially inaccurate, or in the event that the Consultant is not in compliance with any term or condition of this Project Agreement, the City may withhold payment of sums then or in the future otherwise due to the Consultant until the inaccuracy, or other breach of Project Agreement, and the cause thereof, is corrected to the Owner's reasonable satisfaction. 5.4 Retainage. 0 and Fespops,b*ll.t.op-r-,,-I.n.deF the PFejerat ment—. Intentionally Deleted. 5.5 Final Payment. Submission to the Consultant's invoice for final payment and reimbursement shall constitute the Consultant's representation to the City that, upon receipt from the City of the amount invoiced, all obligations of the Consultant to others, including its consultants, incurred in connection with the Project, shall be paid in full. The Consultant shall deliver to the City all documents requested by the City evidencing payments to any and all subcontractors, and all final specifications, plans, or other documents as dictated in the Scope of Services and Deliverable. Acceptance of final payment shall constitute a waiver of all claims against the City by the Consultant. SECTION 6. TERMINATION/SUSPENSION 6.1 For Cause. This Project Work/Purchase Order may be terminated by either party upon five (5) calendar days written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination and fails to cure the failure to perform within such five (5) day period. In the event that Consultant abandons this Project Work/Purchase Order or causes it to be terminated by the City, the Consultant shall indemnify the City against any loss pertaining to this termination. In the event that the Consultant is terminated by the City for cause and it is subsequently determined by a court by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 6.2 and the provision of Section 6.2 shall apply. 6.2 For Convenience. This Project Work/Purchase Order may be terminated by the City for convenience upon fourteen (14) calendar days' written notice to the Consultant. In the event of such termination a termination, the Consultant shall incur no further obligations in connections with the Project and shall, to the extent possible terminate any outstanding subconsultant obligation. The Consultant shall be compensated for all services performed to the satisfaction of the City and reimbursable expenses incurred prior the date of termination. In such event, the Consultant shall promptly submit to the City its invoice for final payment and reimbursement which invoice shall comply with the provisions of Section 5.1. Under no circumstances shall the City make payment of profit to the Consultant for services which have not been performed. 6.3 Assignment upon Termination. Upon termination of this Project Work/Purchase Order, a copy of all work product of the Consultant shall become the property of the City and the Consultant shall within ten (10) working days of receipt of written direction from the City, transfer to either the City or its authorized designee, a copy of all work product in its possession, including but not limited to designs, specifications, drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining to this Project Work/Purchase Order. Upon the City's request, the Consultant shall additionally assign its rights, title and interest under any subcontractor's agreements to the City. 6.4 Suspension for Convenience. The City shall have the right at any time to direct the Consultant to suspend its performance, or any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to thirty (30) calendar days. If any such suspension is directed 3 of 4 4 of 12 by the City, the Consultant shall immediately comply with same. In the event the City directs a suspension of performance as provided herein, through no fault of the Consultant, the City shall pay the Consultant as full compensation for such suspension the Consultant's reasonable cost, actually incurred and paid, of demobilization and remobilization. Section 7. American Rescue Plan Act Contract Conditions. 7.1 The Consultant acknowledges that the Services authorized under this Project Agreement may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act ("ARPA'). Towards that end, the Consultant shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum. If compliance with the ARPA Addendum is required, the City shall select this box: O. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 4 of 4 5 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Project Work/Purchase Order executed as of the day and year as first stated above. ATTEST: CITY WRK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: C � ATTORNE/ WITNESSES: tint Name: Barton Fye, HE. Print Name: Aaron Buchle,P.E. CITY: CITY OF SCUTH MIAMI, FLORIDA, a Florida M icioal Coroorati By: iti,15� w W v enaro "Chip" Iglesias, City Manag Date: CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: Name: eonte 1. Almonte, P.E. Title: Associate Date: 06/13/2023 IofI 6 of 12 ` } J il+�" EXHIBIT "'I" PROJECT PROPOSAL (SCOPE OF SERVICES AND SCHEDULE AND PAYMENT SCHEDULE) 7 of 12 Kim(epMorn May 22, 2023 Mr. Aurelio J. Carmenates Capital Improvement Program Project Manager - City of South Miami Public Works Engineering & Construction Division 6130 Sunset Drive Miami, FI 33143 Re: City of South Miami— Municipal Parking Garage Structural and Waterproofing Condition Assessment and Restoration Construction Documents Dear Mr. Carmenates, Page 1 Kimley-Horn and Associates, Inc. ("KH" "Kimley-Horn" or the "Consultant") is pleased to submit this proposal to the City of South Miami (the "Client") to provide professional engineering services associated with structural and waterproofing deficiencies observed in the existing Municipal Parking Garage located at 5829 SW 73b St., South Miami (the "Project"). All work under this scope will be in accordance with the terms and conditions of Professional General Engineering and Architectural Services RFQ # PW2022-03. Our project understanding, scope of services, and fee are as outlined below. PROJECT UNDERSTANDING The Client requested KH to provide a professional services proposal to perform a structural and waterproofing condition assessment, and to develop restoration construction documents. Deficiencies in double -tee flange joints were identified by the Client. Our understanding is that this is a five -level standalone parking garage built in 2007 with approximately 435 parking stalls, and restaurants and retail spaces at ground level. The structural framing system consist of precast, prestressed concrete members, CMU walls, conventionally reinforced members, and a concrete slab on grade. Parking garages are open structures typically exposed to more severe conditions than other enclosed structures protected by a conditioned building envelope. Regularly scheduled condition assessments in parking garages are critical to maximize the structure's service life, minimize cost and operational impacts for repairs and maximize patron safety. A maintenance program and ongoing maintenance also provides a safer, more inviting facility for the patrons and can provide better daily operations. +101832#!KdlAM4 W1to] TASK 1 — STRUCTURAL CONDITION ASSESSMENT Kimley-Horn will request electronic copies of available Project construction documents (minimum of striping plans and structural plans). Two (2) personnel from Kimley-Horn will conduct two (2) site visits to visually observe Project existing conditions. Site observation will be limited to visual review only. No destructive or non-destructive testing is included in the scope of services. The field visit will include a review of structural and waterproofing areas in need of repair. Specific repair items that will be identified 8 of 12 KimlepMorn Page 2 include concrete Floor and overhead cracks, concrete floor and overhead spalls, areas of water intrusion, expansion joints, sealants, water ponding, and above ground pipes for the garage drainage system. The Client shall provide all pertinent plans, records, and documents to be used in connection with this Structural Condition Assessment prior to scheduling the site visits. Kimley-Horn will provide repair type recommendations for identified structural and waterproofing items. Recommendations will be prioritized in phases based upon garage structure durability and client budget. A planning level opinion of probable cost for the recommended and prioritized repairs will be provided based upon site visit observations. Kimley-Horn has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Kimley-Horn at this time and represent only Kimley-Hom'sjudgment as a design professional famillarwith the construction industry. Kimley-Horn cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Kimley-Horn will provide a draft memorandum (via electronic format) containing a summary of observations, repair recommendations and priorilizations, opinion of probable cost, and representative select photographs. Upon submittal of the draft memorandum, Kimley-Horn will participate in one (1) meeting with the Client to review and discuss comments. Kimley-Horn will address up to two (2) rounds of Client's comments and issue a final memorandum (via electronic format). If the Client does not implement any repair recommended by Kimley-Horn, the Client agrees it will not assert any claims in any way related to those conditions for which repair was recommended, and Client will indemnify, defend, and hold harmless Kimley-Horn and its employees from any claim arising out of those conditions. The Client acknowledges that Kimley-Horn may provide copies of any reports to appropriate public officials. TASK 2 — RESTORATION CONSTRUCTION DOCUMENTS Upon completion of the Condition Assessment, Kimley-Horn will conduct up to two (2) site visits to identify the locations and quantities of observed deficiencies on the Property to assist planning for repair work for contractor's use. Site observation will be limited to visual review only. No destructive or non- destructive testing is included in the Kimley-Horn scope of services. The field visit will include only observation of prioritized deficiencies identified in the final memorandum prepared by Kimley-Horn. Kimley-Horn will prepare repair plans that will consist of existing building floor plans depicting locations of repairs, contractor notes, a planning level quantity table for the recommended repairs, and concrete repair details based upon site visit observations. Kimley-Horn will provide technical specifications for structural and waterproofing disciplines and coordinate front end specifications to be provided by the Client. Kimley-Horn will submit draft repair plans to the Client for review via electronic submission. Incorporate one (1) round of Client comments, finalize repair plans, and submit to the Client (via electronic format). Kimley-Horn will attend up to three (3) meetings or conference calls with the Client related to the scope of work described above. rr Coral Gables, FIL 33134r 9 of 12 Kimley>Morn Page DELIVERABLES • One (1) copy of the final memorandum in PDF format. • Restoration Construction Documents in PDF format. PROJECT ASSUMPTIONS • The Client shall provide access to site. • The Client shall provide all available data as discussed above associated with previous assessment reports and previous restoration documents for use by the CONSULTANT. • The Client shall provide existing electronic CAD files of architectural and structural plans, if available. SERVICES NOT INCLUDED Any other services, including but not limited to the following, are not included in this Agreement: • Independent Testing Lab Services • Destructive Testing • Boundary or Topographic Survey • Geotechnical Services • Exterior Evaluation using any type of Suspended Platforms � � �iNl.Ial�9�;��1[•L� If authorized In writing by the Client, as an amendment to this Task Order, the Consultant will perform, or obtain, Additional Services of the types listed in the MASTER AGREEMENT. The Client, as indicated in the MASTER AGREEMENT, will pay for these services. Additional services we can provide include, but are not limited to, the following: • Structural design of repairs and strengthening techniques • Structural analysis or design related services for future phases • Assistance with Bid and Permit phase • Construction phase services • Other design services including Architectural, Civil, Mechanical, Electrical, Plumbing, Fire Protection, Elevators, etc • Professional services not specifically included in the above scope of services INFORMATION PROVIDED BY THE CLIENT We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following, if available: • Original or As -Built Plans • Maintenance and Repair Records for Structural and Waterproofing Components • Any Available Construction Documents for the Project Site SCHEDULE We will provide our services in an expeditious and orderly manner to meet a mutually agreed upon schedule for the various elements of the Project. klmley-hom.00m 2 Alhambra Plaza, Suite 500, Coral Gables, FL 33134 r Kimley)))Horn METHOD OF COMPENSATION Page 4 Kimley-Horn will perform the services in Task 1 and Task 2 for the total lump sum labor fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the Client. Refer to Exhibit A for an estimated Work Breakdown Fee Schedule. Task 1 Structural Condition Assessment $14,819.00 Task 2 Restoration Construction Documents $33,444.50 Lump Sum Total $48,205.50 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Direct expenses such as mileage, express delivery services and in- house computer use are included in the lump sum fees. It is assumed that air travel and vehicular trips beyond the Miami -Dade County will not be required. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute the service order for this project. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. KIMLEY-HORN AND ASSOCIATES, INC. f, monte, P.E. By: Noel Ramirez, P.E. Project Manager/Associate 2 Alharnbra Plaza, Suite 500, Coral Gables, FL 33134 KimlepOornEXHIBIT A: WORK BREAK DOWN FEE SCHEDULE PROJECT: Municipal Paikint, Garage SHEET 1 or CLIENT: Citv or South Nliami PROJECT NO. ESTIMATO[t: Noel Ramirez P.E. DATE: 05122/23 DESCRIPTION: Structural Condition Assessment and Restoration Documents Principal Sr. Project ylana�er Project Manager Engineer Sr. CADU Technician CAUU Technician Sr. Admin Assistant Line Total '('ask Total Task 1 -Structural Condition Assessment Site Visits 20 20 $5,650.00 Develop Condition Assessment Report 2 10 30 Preparation of Opinion of Probable Cost 2 8 12 SS3,1 12.00 Meeting with the City of Soutli Miami 2 S338.00 $14.819.00 Task 2 - Restoration Construction Documents Sit; Visits 20 20 $5.680.00 Develop Restoration Drawings and Specifications 10 30 90 15 tin 2 S24.021.50 Address Client Comments and Develop Final Set 5 10 8 $2.671.00 Mectinu with the Cns o1 South Miami 6 $1.014.00 S.3.3S6.50 TOTAL HOURS 0 1.1 101 182 15 68 4 LABOR RATE ($/HOUR) 210.00 190.00 169.00 115.00 97.50 84.50 84.50 SUBTOTAL SOO) S2,660.00 S17.069.00 S20.930.00 S1,462.50 S5,746.00 S338.00 PAGE TOTALI S48,20550 I I I I I S48,205.50 I S48,205.50 12 of 12