Res No 058-24-16163RESOLUTION NO. 058-24-16163
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING A PROPOSAL AND PROJECT
AGREEMENT WITH KIMLEY HORN AND
ASSOCIATES, INC., TO PROVIDE DESIGN SERVICES
FOR INTERNALLY ILLUMINATED IN-GROUND
PAVEMENT MARKER CROSSINGS AT VARIOUS
INTERSECTIONS ALONG SUNSET DRIVE BETWEEN SW
61 ST CT AND SW ssrn COURT IN AN AMOUNT NOT TO
EXCEED $41,224.00; PROVIDING FOR AUTHORIZATION;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 287.055, Florida Stah1tes (also known as the Consultants'
Competitive N egotia tion Act) (the "CCNA"), on May 3, 2022, the C ity Commission of the C ity
of South Miami (the "City") adopted Resolution No. 056-22-15809, authorizing the City Manager
to enter into a continuing professional Sj;:rvices agreement (th e "Agreement") with Kimley Horn
and Associates, In c., ("Consultant") to provide gen era l engineering serv ices on as-needed basis
(th e "Serv ices"); and
WHEREAS, the C ity desi res the Services to design inte rnally illuminated in-ground
pavement marker crossings at various inte rsections along Sunset Drive bet\veen SW 61 st Court and
SW 58th Court, including at the inte rsections of Sunset Dr iv e and SW 61st Court, the ingress and
egress roadways at C ity Hall, SW 59th Place, and SW 58th Court (the "Projec t"); and
WHEREAS, in accordance with the provisions of the Agreement and the CCNA, th e
Consultant has provided the C ity with a proposal (the "Proposal") attached here to as Ex hibit "A,"
to provide the Services for the Project in the amount of $41,224.00; and
WHEREAS, in order to implement the Project, the C ity Commission desires to approve
and authorize the C ity Manager to enter into the Proj ect Agreement with the Consultant, in
substantially the form attached hereto as Exhibit "B," to provide the Services for the Project in an
amount not to exceed $4 1,224.00 based on th e Consultant 's Proposal attached h ereto as
Exhibit "A"; and
WHEREAS, the cost of the Project will be funded from the People's Transportation Tax
Fu nd Number 124-1730-541-6490, which has a current balance of $660,002.79, or s uch other
f1.111ding source as d ete rmined by the City Manager to b e in th e best interests of the of the C ity; and
WHEREAS, the City Commiss ion finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Res. No 058-24-16163
Section 1. Recitals. The above-stated recital s are true and correct and are incoq1oratcd
herein by this reference.
Section 2. Approval of Proposal and Project Agreement. The Consultant's Proposal
attached hereto as Exhibit "A" and the Project Agreement attached hereto as Exhibit "B" are
hereby approved.
Section 3. Authorization. The City Manager is hereby authorized to execute the
Project Agreement with the Consultant , in s ub s tantially the form attached hereto as Exhibit "B,"
for the provision of the Services for th e Project in an amount not to exceed $4 1,224.00 based on
the terms of the Agreement and the Proposal attached hereto as Exhibit "A," subject to the final
approval of the C ity Manager and C ity Attorney as to form, content, and legal s uffici ency. The
Ci ty Manager is hereby authorized to charge the costs of the Services for the Project to the People's
Transportation Tax Fund Account Number 124-1 730-541-6490, which has a current balance o f
$660,002.79, or s uch other funding sou rce as determined by the City Manager to b e in the best
interest of the City.
Section 4. Implementation. The City Manager is authorized to take any and all
actions necessary to imple ment the. Project Agreement and the purposes of this Resolution.
Section 5. Corrections. Confo rming language or technical scrivener-type corrections
may be made by the City Attomey for any conforming amendments to be incorporated into the
final resolution for signature.
Section 6.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 71h day of May, 2024.
ATTEST:
CIT~RK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXEC UTION THEREOF
APPROVED:
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
5-0
Yea
Yea
Yea
Commi ssione r Liebman: Yea
Commi ssioner Corey: Yea
Pnge 2 of2
Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING A PROPOSAL AND PROJECT AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC.,
TO PROVIDE DESIGN SERVICES FOR INTERNALLY ILLUMINATED IN-GROUND PAVEMENT MARKER
CROSSINGS AT VARIOUS INTERSECTIONS ALONG SUNSET DRIVE BETWEEN SW 61ST CT AND SW
58TH COURT IN AN AMOUNT NOT TO EXCEED $41,224.00; PROVIDING FOR AUTHORIZATION;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY
MANAGER-PUBLIC WORKS ENGINEERING & CONSTRUCTION DEPT.)
Suggested Action:
Attachments:
Memo-In-gound_lights_KHA_4-19-24.docx
48P7172-Reso_Approving_Project_Agreement___Proposal_with_Kimley-Horn_-_Illiuminated_Pavement_Markers_C
Av2.docx
Exhibit A - 2024.03.21_SOMI_InternallyIlluminatedInGroundMarkers.pdf
Exhibit B - Project Agreement - Kimley-Horn - Internally Illuminated In-Ground Pavement Markers.DOCX
Res No 056-22-15809.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:Tuesday, May 7, 2024
SUBJECT:Internally Illuminated In-Ground Pavement Markers Crossings at Sunset Dr & SW
61st CT, City Hall, SW 59th PL and SW 58th CT.
RECOMMENDATION:Approve the proposal and project work/purchase order with Kimley Horn
and Assoc., Inc., to provide design services for Internally Illuminated In-
Ground Pavement Markers Crossings at Sunset Dr & SW 61st CT, City Hall,
SW 59th PL and SW 58th CT.
BACKGROUND:The roadway crossings located at the intersection of Sunset Drive and SW
61st CT, City Hall-61st Ct Cir, SW 59th Place and SW 58th Court can benefit
from improvements that will provide for safer crossing. Kimley Horn and
Assoc., Inc., will design and develop construction plans for the installation
of pedestrian crosswalk lighting systems at these existing mid-block
crosswalks. Kimley-Horn assumes that the IIIGPM can be installed on a
concrete surface. The installation of pedestrian crosswalk lighting systems
will require submission of plans to Miami-Dade County (MDC) Department
of Transportation and Public Works (DTPW) and Traffic Engineering
Department (TED). As a result, MDC DTPW will require that construction
documents of signalization plans be prepared and submitted for review
and approval. Kimley-Horn will also provide post design services and will
assist the City in the coordination of either of a) Interlocal Agreement
revision to the existing one the City has with Miami-Dade County
Department of Transportation and Public Works or b) Memorandum of
Maintenance Agreement where the City agrees to maintain these devices.
As the next City’s rotation list consultant, Kimley Horn and Assoc., Inc, was
requested to provide a proposal for roadway crossing improvements. On
March 21, 2024, Kimley Horn and Assoc., Inc., submitted a revised proposal
for roadway crossing improvements that is comprehensive and cost
effective for the services requested.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
FUND &ACCOUNT:Amount not to exceed $ 41,224.Please refer to the consultant contract and
fee schedule. The expenditure shall be charged $41,224 to People’s
Transportation Tax Fund account number 124-1730-541-6490 which has a
balance of $660,002.79 prior to this request.
ATTACHMENTS:Resolution
Resolution 056-22-15809
Revised Proposal – Kimley Horn and Assoc., Inc., dated 3/21/2024
3
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
KIMLEY-HORN AND ASSOCIATES, INC.
Project Name: Internally Illuminated In-Ground Pavement Marking Crossings at
Various Intersections Along Sunset Drive Between SW 61 st Court and SW 58 th Court
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58
PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
KIMLEY-HORN AND ASSOCIATES, INC.
Project Name:
Internally Illuminated In-Ground Pavement Making Crossings at
Various Intersections Along Sunset Drive Between SW 6P1 Court and SW 58 th Court
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 accO[dance with Section 287.955, Florida Statutes. This Project Agreement is
made effective as of the :-31.st day of (Y\~ , 2024, and authorizes the Consultant to
provide the services as set forth below:
SECTION 1. SCOPE OF SERVICES
1.1 Consultant shall provide professional general engineering services (the "Services") for the
design of Internally Illuminated In-Ground Pavement Marking Crossings at Various Intersections Along
Sunset Drive Between SW 61st Court and SW 58th Court (the "Project") in accordance with the terms and
conditions of the Agreement and shall complete the tasks that are identified and described in the Project
Proposal attached hereto as Exhibit "1" (the "Proposal") for the City.
1.2 The City may request changes that would increase, decrease, or otherwise modify the
scope of services outlined under the 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
Agreement, prior to any deviation from the terms of this Project Agreement, 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 Proposal attached hereto as Exhibit "1."
SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE
3.1 Term . This Project Agreement 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
herein or other applicable provisions of the Agreement. The City Manager, in his sole discretion, may
extend the term of this Project Agreement 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.
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3.2 Commencement. Services provided by the Consultant under this Project Agreement 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 the
Services for the Project to the City on the Commencement Date, and shall continuously perform the
Services for the Project to the City, without interruption, in accordance with the time frames set forth in the
Proposal attached and incorporated into this Project 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 Project 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 for the
Project in accordance with Exhibit "1" attached hereto. Consultant shall receive a total lump sum fee of
$41,224.00 for the provision of the Services for the Project.
4.2 Reimbursable Expenses. All reimbursable expenses are included in the total
compensation listed in Section 4.1 above.
SECTION 5. BILLING AND PAYMENTS
5.1 Invoices
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" and made part of this Project 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.
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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 the
Agreement or 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 Agreement or Project Agreement, and the
cause thereof, is corrected to the City's reasonable satisfaction .
5.4 [INTENTIONALLY OMITTED)
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 Proposal, Scope of Services, and Deliverables . 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 Agreement 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 Agreement 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 Agreement may be terminated by the City for convenience
upon fourteen (14) calendar days' written notice to the Consultant. In the event of such termination, the
Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible
terminate any outstanding subconsultant obligation(s). 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 Agreement, 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 Agreement. 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
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 .
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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: □.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of
the day and year as first stated above.
ATTEST:
CITY ~
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
~'
WITNESSES: 1
,/ /l \)
'.,./ ( ( . .. I
'.
Print Name: Alejandro Toural, PE
Print
CITY:
MIAMI, FLORIDA, a
Corporation
Genar 'Chip g esras, City Manager
Date: 5 /!;) J Jc)__~/ r 1
CONSUL TANT:
Title: Client Manager
Date: 05/30/2024
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March 21, 2024
Mr. Aurelio Carmenates, P.E.
City of South Miami
5800 SW 66th St.
South Miami, FL 33143
Re: Proposal for Professional Consulting Services for:
Internally Illuminated In-Ground Pavement Markers (IIIGPM) Crossings at Sunset Dr & SW
61 st CT, City Hall, SW 59 th PL and SW 58 th CT.
'1
Dear Mr. Aurelio Carmenates:
..
Kimley-Horn and Associates, Inc., (Kimley-Horn", or "Consultant") is pleased to submit this Proposal (the
"Agreement") to the City of South Miami ("the Client") for professional consulting services associated with
the above-referenced "Project". All work under this scope will be in accordance with the terms and
conditions of Professional Services Agreement "Professional General Engineering and Architectural
Services" RFQ #PW2022-03.
Our project understanding, scope of services, assumptions, schedule, and fees are provided herein.
PROJECT UNDERSTANDING
Kimley-Horn understands that the Client intends to proceed with the installation of pedestrian crosswalk
lighting systems at the existing mid-block crosswalks, located at the intersection of Sunset Dr and SW 61 st
CT, City Hall, SW 59th PL, and SW 58 th CT. Kimley-Horn assumes that the IIIGPM can be installed on a
concrete surface. The installation of pedestrian crosswalk lighting systems will require to submission of
plans to Miami-Dade County (MDC) Department of Transportation and Public Works (DTPW) and Traffic
Engineering Department (TED). As a result, MDC DTPW will require that construction documents of
signalization plans be prepared and submitted for review and approval. Based on the direction provided by
the City of South Miami all existing curb ramps within the project limits will remain as existing for this project.
The replacement will be performed by the City of South Miami on a separate project. In this context, the
city requested the elimination of the survey scope. The plans will be designed per the 2018 Florida
Greenbook, the FOOT Traffic Engineering Manual (dated January 2023), and MDC DTPW's requirements.
FOOT Specifications and Pay Items will be used, no Technical Special Provisions (TSP) are expected at
this time thus they are not included in this scope of services. The plans will be prepared per intersection of
the crossing location only.
SW61sICI 1 City Hall SW59th Pl SW581h CI
Rev 06/2023
52
SCOPE OF SERVICES
Task 01 -Traffic Slgnal Design Services
Subtask 1A: Signal Design Field Review
Kimley-Horn will perform a field review at the intersections of Sunset Dr and SW 61 51 CT, City Hall, SW 59 111 PL,
and SW 58 111 CT utilizing the aerials and existing features for reference and measurements. During the field review,
project photographs will be taken at the proposed location for the pedestrian crosswalk lighting systems.
Subtask 18: Signal Design
Kimley-Horn will prepare Construction Documents for the intersections of Sunset Dr and SW 61st CT, City Hall,
SW 59th PL, and SW 58th CT. The design will consist of notes, pedestrian features, initial timings, quantities,
signal-related and signal-related roadway modifications (concrete sidewalk). Our proposal includes two (3) formal
submittals during the Contract Document phase, at the 60%, 90% and Final completion levels, which will consist
of PDF format drawings of the following:
• Cover Sheet
• Notes Sheet
• Summary of Quantities Sheet
• Signal Plan Sheets
• Detail Sheets (e.g, Conduit details, Solar Power details from the manufacturer, Flashing Beacon details).
Subtask 1C-Limited Permitting
Kimley-Horn will make a maximum of three (3) plan submittals to DTPW for review. This task includes comment
responses of reasonable, consolidated comments to one (1) set of comments from two (2) submittals.
Additional responses to comments are considered an additional service.
Kimley-Horn will assist the City in the coordination of either of a) lnterlocal Agreement revision to the existing one
the City has with DTPW orb) Memorandum of Maintenance Agreement where the City agrees to maintain these
devices. Approach a or b will be decided by the City and DTPW after the first plans submittal. Kimley-Horn will
only assist with one of them as part of this scope of services. Any additional work will be considered an additional
service.
Task 02: Utility Coordination Services
Kimley-Horn will obtain a list of known utility providers in the project's vicinity from the "Sunshine One-Call"
service. Upon completion of the initial plans, Kimley-Horn will submit the plans to the known utility providers
to seek input on the location of existing utilities. Kimley-Horn will contact each provider up to three (3) times
to obtain this information. Based on the information provided by the utility providers, Kimley-Horn will update
the plans to reflect the subject utilities.
Task 03: Post-Design Services
Based on the typical process for project construction and acceptance that includes signalization work in
Miami-Dade County, post-design services will be required for this project. The expected construction
duration is one (1) month. The services described below are based on a four-month construction schedule.
If the construction duration exceeds one month, this scope of services will need to be revised accordingly
and any subsequent work shall be done as additional services.
Rev 06/2023
2 53
Request for Information (RFI}: Kimley-Horn will respond to up to two (2) reasonable and appropriate
Contractor RFls, and issue necessary clarifications and interpretations of the Contract Documents to the
Client in a timely manner and as appropriate to the orderly completion of the Contractor's work. Any orders
authorizing variations from the Contract Documents will be made by the Client.
Shop Drawings Review: Review and approve or take other appropriate action with respect to Shop
Drawings which the 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. Kimley-Horn reserves the right to ask the Contractor to
revise and/or condense these submittals. Such review and approvals or other action will not extend to the
accuracy or completeness of details or construction means or methods. Kimley-Horn is not responsible for
any deviations from the Contract Documents not brought to Kimley-Horn's attention in writing by the
Contractor. Kimley-Horn assumes that at least a quarter of the shop drawings will need an additional round
of reviews. The following shop drawings are expected:
• Signalization
Field Visits: Kimley-Horn will perform up to two field visits. Such visits and observations by Kimley-Horn
are not intended to be exhaustive or to extend to every aspect of the Contractor's work in progress. The
purpose of Kimley-Horn's visits to the site will be to enable Kimley-Horn to better carry out the duties and
responsibilities assigned in this Agreement to Kimley-Horn during the post-design phase by the Client.
Kimley-Horn shall not, during such visits or as a result of such observations of the Contractor's work in
progress, supervise, direct, or have control over the Contractor's work.
Meetings: Kimley-Horn will attend the following meetings:
• Conference Calls: Kimley-Horn expects to attend up to 3 conference calls with the Client.
Any additional meetings will be considered additional services.
Plans Revisions: It is Miami-Dade County DTPW Traffic Signals and Signs (TSS) Division's practice to
require a signed and sealed set of plans that will serve as an as-built for their records. Kimley-Horn will
prepare up to one plan revision including all the modifications done in the field, basing such revisions on
the as-built set (PDF and CADD files) provided by the Contractor.
Limitation of Responsibilities: Kimley-horn shall not be responsible for the acts, means, methods,
techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices or
omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity
performing or furnishing the Work. Kimley-horn shall not have the authority or responsibility to stop the
work of any Contractor.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates (See Exhibit A for rates used in this proposal). Additional services
we can provide include, but are not limited to, the following:
• Pavement Design (asphalt or concrete)
• Traffic Analysis for the installation of the RRFBs -Per the information provided by the Client, based
on their coordination with Miami-Dade County DTPW, there won't be a need for additional Traffic
Analysis as these are existing crosswalks
• Landscape, tree relocation or dispositions services
• Drainage Design, drainage modifications required due to the project
• Permitting with any agency not specifically listed above
• Permitting with Miami-Dade County RER or SFWMD
• Bidding Phase Services
• Opinion of Probable Cost (OPC)
Rev 06/2023
3 54
• Preparing additional responses to agency comments
o Technical Special Provisions (TSP)
o CSI Style Specifications
INFORMATION PROVIDED BY CLIENT
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The
Client shall provide all information requested by Kimley-Horn during the project, including but not limited to
the following:
o Existing Plans for the Intersection:
• Roadway
• Drainage
• Existing Utilities
SCHEDULE
Kimley-Horn will provide services in an expeditious and orderly manner to meet a mutually agreed-upon
schedule for the various elements of the project.
PROJECT PERMITTING
The Consultant has no control over the actions of jurisdictional agencies and is not a party to agreements
between the Client and others. Accordingly, professional opinions as to the approvals of permits or the
suitability for a specific purpose herein are made based on professional experience and available data. The
Consultant does not guarantee that the outcome of permits or suitability will not vary from its opinions.
FEE AND BILLING
Kimley-Horn will accomplish the services outlined in Task 01 through Task 03, survey & subsurface utility
engineering services as follows:
Task Description Task Description Effort Utilized per task Fee Structure
Task01 Traffic Signal Design Services and $ 30,485.00 Lump Sum Meetings with TSS
Task02 Utility Coordination $ 3,224.00 Lump Sum
Task03 Post Design Services $ 7,515.00 Lump Sum
Total Fees $ 41,224.00
Lump sum fees will be invoiced monthly based on the overall percentage of services performed. 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 Miami-Dade County will not be required.
Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to
reallocate amounts among tasks as necessary. Rates used are based on the previously approved
negotiated rates for this contract.
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.
Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to
reallocate amounts among tasks as necessary.
Rev 06/2023
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Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct
reimbursable expenses 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 as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project
related computer time, and local mileage. Administrative time related to the project may be billed hourly.
All permitting, application, and similar project fees will be paid directly by the Client. Should the Client
request Kimley-Horn to advance any such project fees on the Client's behalf, an invoice for such fees, with
a fifteen percent (15%) markup, will be immediately issued to and paid by the Client.
If you concur with 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. Payment will be due within 30 days of your receipt of the
invoice and should include the invoice number and Kimley-Horn project number.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the
terms and conditions of Non-Exclusive Professional Services Agreement listed in this document. 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 do not hesitate to contact Leonte
Almonte at (305) 535-7750 if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Pro· ct Manager I Associate
Attachments:
Exhibit A -Detailed Man Hour Estimate
Rev 06/2023
5 56
[ Exhibit A -Detailed Man Hour Estimate
Kimley>>) Horn WORK BREAK DOWN FEE SCHEDULE
I
PROJECT: South Miami In Ground Pavement Markers and RRFBs SHEET: I of I
CLIENT: City of South Miami PROJECT NO . I
ESTIMATOR: Leonie I. Almonte, P.E. DATE: 03/12/24 I
DESCRIPTION : Internally Illuminated In-Ground Pavement Markers (IIIGPM) Crossings at Sunset Dr & SW 6 I st CT. City Hall. SW 59th PL and SW 58th CT.
Sr. Project Project Sr. CADD CADD Sr. Admin Line Task
Principal Manager Manager Engineer Technician Technician Assistant Total Total
Task I -Traffic Signal Design Scn•iccs
Design . Coordination and Permitting 40 30 50 40 10 $23.165 .0 0
Meetings with MDC DTPW & lnterlocal Agreement Support 24 24 $7.320.00
$3 0 .485.00
Task 2 -Utility Coordination
Utility Contact & Utility Placement in CADD 4 4 8 $1.896 .00
Coordination and Follow Ups 4 2 2 $1,328 .00
S3.224 .00
Post-Design Scn•iccs
Request for Information ( RF!) 8 10 $2.670.00
F icld Vis its 4 4 $1,220.00
Meetings (3 Online Calls) 3 3 $915 .0 0
One Plan Revision 4 20 $2.710.00
$7.515.00
TOTAL HOURS 0 91 32 97 60 8 10
LABOR RA TE ($/HOUR) 210.00 190.00 169.00 115.00 97.50 84.50 84.50
SUBTOTAL S0.00 $17.290.00 $5,408.00 SI 1,155.00 $5,850.00 S676.00 $845.00
PAGE TOTAL S41.224.00 $41.224.00
57
Rev 06/2023
1
March 21, 2024
Mr. Aurelio Carmenates, P.E.
City of South Miami
5800 SW 66th St.
South Miami, FL 33143
Re: Proposal for Professional Consulting Services for:
Internally Illuminated In-Ground Pavement Markers (IIIGPM) Crossings at Sunset Dr & SW
61st CT, City Hall, SW 59th PL and SW 58th CT.
Dear Mr. Aurelio Carmenates:
Kimley-Horn and Associates, Inc., (Kimley-Horn”, or “Consultant”) is pleased to submit this Proposal (the
“Agreement”) to the City of South Miami (“the Client”) for professional consulting services associated with
the above-referenced “Project”. All work under this scope will be in accordance with the terms and
conditions of Professional Services Agreement “Professional General Engineering and Architectural
Services” RFQ #PW2022-03.
Our project understanding, scope of services, assumptions, schedule, and fees are provided herein.
PROJECT UNDERSTANDING
Kimley-Horn understands that the Client intends to proceed with the installation of pedestrian crosswalk
lighting systems at the existing mid-block crosswalks, located at the intersection of Sunset Dr and SW 61st
CT, City Hall, SW 59th PL, and SW 58th CT. Kimley-Horn assumes that the IIIGPM can be installed on a
concrete surface. The installation of pedestrian crosswalk lighting systems will require to submission of
plans to Miami-Dade County (MDC) Department of Transportation and Public Works (DTPW) and Traffic
Engineering Department (TED). As a result, MDC DTPW will require that construction documents of
signalization plans be prepared and submitted for review and approval. Based on the direction provided by
the City of South Miami all existing curb ramps within the project limits will remain as existing for this project.
The replacement will be performed by the City of South Miami on a separate project. In this context, the
city requested the elimination of the survey scope. The plans will be designed per the 2018 Florida
Greenbook, the FDOT Traffic Engineering Manual (dated January 2023), and MDC DTPW’s requirements.
FDOT Specifications and Pay Items will be used, no Technical Special Provisions (TSP) are expected at
this time thus they are not included in this scope of services. The plans will be prepared per intersection of
the crossing location only.
SW 61st Ct 1 City Hall SW 59th Pl SW 58th Ct
6
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SCOPE OF SERVICES
Task 01 – Traffic Signal Design Services
Subtask 1A: Signal Design Field Review
Kimley-Horn will perform a field review at the intersections of Sunset Dr and SW 61st CT, City Hall, SW 59th PL,
and SW 58th CT utilizing the aerials and existing features for reference and measurements. During the field review,
project photographs will be taken at the proposed location for the pedestrian crosswalk lighting systems.
Subtask 1B: Signal Design
Kimley-Horn will prepare Construction Documents for the intersections of Sunset Dr and SW 61st CT, City Hall,
SW 59th PL, and SW 58th CT. The design will consist of notes, pedestrian features, initial timings, quantities,
signal-related and signal-related roadway modifications (concrete sidewalk). Our proposal includes two (3) formal
submittals during the Contract Document phase, at the 60%, 90% and Final completion levels, which will consist
of PDF format drawings of the following:
• Cover Sheet
• Notes Sheet
• Summary of Quantities Sheet
• Signal Plan Sheets
• Detail Sheets (e.g, Conduit details, Solar Power details from the manufacturer, Flashing Beacon details).
Subtask 1C– Limited Permitting
Kimley-Horn will make a maximum of three (3) plan submittals to DTPW for review. This task includes comment
responses of reasonable, consolidated comments to one (1) set of comments from two (2) submittals.
Additional responses to comments are considered an additional service.
Kimley-Horn will assist the City in the coordination of either of a) Interlocal Agreement revision to the existing one
the City has with DTPW or b) Memorandum of Maintenance Agreement where the City agrees to maintain these
devices. Approach a or b will be decided by the City and DTPW after the first plans submittal. Kimley-Horn will
only assist with one of them as part of this scope of services. Any additional work will be considered an additional
service.
Task 02: Utility Coordination Services
Kimley-Horn will obtain a list of known utility providers in the project’s vicinity from the “Sunshine One-Call”
service. Upon completion of the initial plans, Kimley-Horn will submit the plans to the known utility providers
to seek input on the location of existing utilities. Kimley-Horn will contact each provider up to three (3) times
to obtain this information. Based on the information provided by the utility providers, Kimley-Horn will update
the plans to reflect the subject utilities.
Task 03: Post-Design Services
Based on the typical process for project construction and acceptance that includes signalization work in
Miami-Dade County, post-design services will be required for this project. The expected construction
duration is one (1) month. The services described below are based on a four-month construction schedule.
If the construction duration exceeds one month, this scope of services will need to be revised accordingly
and any subsequent work shall be done as additional services.
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Request for Information (RFI): Kimley-Horn will respond to up to two (2) reasonable and appropriate
Contractor RFIs, and issue necessary clarifications and interpretations of the Contract Documents to the
Client in a timely manner and as appropriate to the orderly completion of the Contractor's work. Any orders
authorizing variations from the Contract Documents will be made by the Client.
Shop Drawings Review: Review and approve or take other appropriate action with respect to Shop
Drawings which the 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. Kimley-Horn reserves the right to ask the Contractor to
revise and/or condense these submittals. Such review and approvals or other action will not extend to the
accuracy or completeness of details or construction means or methods. Kimley-Horn is not responsible for
any deviations from the Contract Documents not brought to Kimley-Horn’s attention in writing by the
Contractor. Kimley-Horn assumes that at least a quarter of the shop drawings will need an additional round
of reviews. The following shop drawings are expected:
• Signalization
Field Visits: Kimley-Horn will perform up to two field visits. Such visits and observations by Kimley-Horn
are not intended to be exhaustive or to extend to every aspect of the Contractor's work in progress. The
purpose of Kimley-Horn’s visits to the site will be to enable Kimley-Horn to better carry out the duties and
responsibilities assigned in this Agreement to Kimley-Horn during the post-design phase by the Client.
Kimley-Horn shall not, during such visits or as a result of such observations of the Contractor's work in
progress, supervise, direct, or have control over the Contractor's work.
Meetings: Kimley-Horn will attend the following meetings:
• Conference Calls: Kimley-Horn expects to attend up to 3 conference calls with the Client.
Any additional meetings will be considered additional services.
Plans Revisions: It is Miami-Dade County DTPW Traffic Signals and Signs (TSS) Division’s practice to
require a signed and sealed set of plans that will serve as an as-built for their records. Kimley-Horn will
prepare up to one plan revision including all the modifications done in the field, basing such revisions on
the as-built set (PDF and CADD files) provided by the Contractor.
Limitation of Responsibilities: Kimley-horn shall not be responsible for the acts, means, methods,
techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices or
omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity
performing or furnishing the Work. Kimley-horn shall not have the authority or responsibility to stop the
work of any Contractor.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates (See Exhibit A for rates used in this proposal). Additional services
we can provide include, but are not limited to, the following:
⚫ Pavement Design (asphalt or concrete)
⚫ Traffic Analysis for the installation of the RRFBs – Per the information provided by the Client, based
on their coordination with Miami-Dade County DTPW, there won’t be a need for additional Traffic
Analysis as these are existing crosswalks
⚫ Landscape, tree relocation or dispositions services
⚫ Drainage Design, drainage modifications required due to the project
⚫ Permitting with any agency not specifically listed above
⚫ Permitting with Miami-Dade County RER or SFWMD
⚫ Bidding Phase Services
⚫ Opinion of Probable Cost (OPC)
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4
⚫ Preparing additional responses to agency comments
⚫ Technical Special Provisions (TSP)
⚫ CSI Style Specifications
INFORMATION PROVIDED BY CLIENT
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The
Client shall provide all information requested by Kimley-Horn during the project, including but not limited to
the following:
⚫ Existing Plans for the Intersection:
⚫ Roadway
⚫ Drainage
⚫ Existing Utilities
SCHEDULE
Kimley-Horn will provide services in an expeditious and orderly manner to meet a mutually agreed-upon
schedule for the various elements of the project.
PROJECT PERMITTING
The Consultant has no control over the actions of jurisdictional agencies and is not a party to agreements
between the Client and others. Accordingly, professional opinions as to the approvals of permits or the
suitability for a specific purpose herein are made based on professional experience and available data. The
Consultant does not guarantee that the outcome of permits or suitability will not vary from its opinions.
FEE AND BILLING
Kimley-Horn will accomplish the services outlined in Task 01 through Task 03, survey & subsurface utility
engineering services as follows:
Task Description Task Description Effort Utilized per task Fee Structure
Task 01 Traffic Signal Design Services and
Meetings with TSS $ 30,485.00 Lump Sum
Task 02 Utility Coordination $ 3,224.00 Lump Sum
Task 03 Post Design Services $ 7,515.00 Lump Sum
Total Fees $ 41,224.00
Lump sum fees will be invoiced monthly based on the overall percentage of services performed. 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 Miami-Dade County will not be required.
Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to
reallocate amounts among tasks as necessary. Rates used are based on the previously approved
negotiated rates for this contract.
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.
Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to
reallocate amounts among tasks as necessary.
9
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Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct
reimbursable expenses 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 as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project
related computer time, and local mileage. Administrative time related to the project may be billed hourly.
All permitting, application, and similar project fees will be paid directly by the Client. Should the Client
request Kimley-Horn to advance any such project fees on the Client’s behalf, an invoice for such fees, with
a fifteen percent (15%) markup, will be immediately issued to and paid by the Client.
If you concur with 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. Payment will be due within 30 days of your receipt of the
invoice and should include the invoice number and Kimley-Horn project number.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the
terms and conditions of Non-Exclusive Professional Services Agreement listed in this document. 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 do not hesitate to contact Leonte
Almonte at (305) 535-7750 if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Leonte Almonte, PE
Project Manager / Associate
Attachments:
Exhibit A – Detailed Man Hour Estimate
10
WORK BREAK DOWN FEE SCHEDULE
PROJECT: South Miami In Ground Pavement Markers and RRFBs SHEET:1 of 1
CLIENT: City of South Miami PROJECT NO.
ESTIMATOR: Leonte I. Almonte, P.E.DATE:03/12/24
DESCRIPTION: Internally Illuminated In-Ground Pavement Markers (IIIGPM) Crossings at Sunset Dr & SW 61st CT, City Hall, SW 59th PL and SW 58th CT.
Sr. Project Project Sr. CADD CADD Sr. Admin Line Task
Principal Manager Manager Engineer Technician Technician Assistant Total Total
Task 1 - Traffic Signal Design Services
Design, Coordination and Permitting 40 30 50 40 10 $23,165.00
Meetings with MDC DTPW & Interlocal Agreement Support 24 24 $7,320.00
$30,485.00
Task 2 - Utility Coordination
Utility Contact & Utility Placement in CADD 4 4 8 $1,896.00
Coordination and Follow Ups 4 2 2 $1,328.00
$3,224.00
Post-Design Services
Request for Information (RFI)8 10 $2,670.00
Field Visits 4 4 $1,220.00
Meetings (3 Online Calls)3 3 $915.00
One Plan Revision 4 20 $2,710.00
$7,515.00
TOTAL HOURS 0 91 32 97 60 8 10
LABOR RATE ($/HOUR) 210.00 190.00 169.00 115.00 97.50 84.50 84.50
SUBTOTAL $0.00 $17,290.00 $5,408.00 $11,155.00 $5,850.00 $676.00 $845.00
PAGE TOTAL $41,224.00 $41,224.00
11
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
And
KIMLEY-HORN AND ASSOCIATES, INC.
Project Name: Internally Illuminated In-Ground Pavement Marking Crossings at
Various Intersections Along Sunset Drive Between SW 61st Court and SW 58th Court
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PROJECT AGREEMENT
Between
CITY OF SOUTH MIAMI, FLORIDA
and
KIMLEY-HORN AND ASSOCIATES, INC.
Project Name:
Internally Illuminated In-Ground Pavement Making Crossings at
Various Intersections Along Sunset Drive Between SW 61st Court and SW 58th Court
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 Agreement is
made effective as of the day of , 2024, and authorizes the Consultant to
provide the services as set forth below:
SECTION 1. SCOPE OF SERVICES
1.1 Consultant shall provide professional general engineering services (the “Services”) for the
design of Internally Illuminated In-Ground Pavement Marking Crossings at Various Intersections Along
Sunset Drive Between SW 61st Court and SW 58th Court (the “Project”) in accordance with the terms and
conditions of the Agreement and shall complete the tasks that are identified and described in the Project
Proposal attached hereto as Exhibit “1” (the “Proposal”) for the City.
1.2 The City may request changes that would increase, decrease, or otherwise modify the
scope of services outlined under the 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
Agreement, prior to any deviation from the terms of this Project Agreement, 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 Proposal attached hereto as Exhibit “1.”
SECTION 3. TERM/TIME OF PERFORMANCE/DAMAGE
3.1 Term. This Project Agreement 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
herein or other applicable provisions of the Agreement. The City Manager, in his sole discretion, may
extend the term of this Project Agreement 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.
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3.2 Commencement. Services provided by the Consultant under this Project Agreement 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 the
Services for the Project to the City on the Commencement Date, and shall continuously perform the
Services for the Project to the City, without interruption, in accordance with the time frames set forth in the
Proposal attached and incorporated into this Project 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 Project 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 for the
Project in accordance with Exhibit “1” attached hereto. Consultant shall receive a total lump sum fee of
$41,224.00 for the provision of the Services for the Project.
4.2 Reimbursable Expenses. All reimbursable expenses are included in the total
compensation listed in Section 4.1 above.
SECTION 5. BILLING AND PAYMENTS
5.1 Invoices
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” and made part of this Project 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.
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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 the
Agreement or 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 Agreement or Project Agreement, and the
cause thereof, is corrected to the City’s reasonable satisfaction.
5.4 [INTENTIONALLY OMITTED]
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 Proposal, Scope of Services, and Deliverables. 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 Agreement 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 Agreement 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 Agreement may be terminated by the City for convenience
upon fourteen (14) calendar days’ written notice to the Consultant. In the event of such termination, the
Consultant shall incur no further obligations in connection with the Project and shall, to the extent possible
terminate any outstanding subconsultant obligation(s). 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 Agreement, 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 Agreement. 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
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.
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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: .
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties hereto have caused this Project Agreement executed as of
the day and year as first stated above.
CITY:
ATTEST:CITY OF SOUTH MIAMI, FLORIDA, a
Florida Municipal Corporation
By:
CITY CLERK Genaro “Chip” Iglesias, City Manager
Date:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
CITY ATTORNEY
CONSULTANT:
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Name:
Title:
Date:
WITNESSES:
Print Name:
Print Name:
17
EXHIBIT “1”
PROJECT PROPOSAL
18
19
RESOLUTION NO.: 056-22-15809
A Resolution authorizing the City Manager negotiate and execute a Professional Service
Agreement provided under Florida Statute 287.055 Consultant's Competitive
Negotiation Act "CCNA", with SRS Engineering, Inc., EXP U.S. Services Inc., Stantec
Consulting Services Inc., Calvin, Giordano & Associates, Inc., M&J Engineering P.C., and
Kimley-Horn and Associates, Inc., for general engineering services on an as needed basis.
WHEREAS, the City Mayor and Commission wish to negotiate and execute for general engineering
and architectural services on an as needed basis and on a rotation basis ; and
WHEREAS, in accordance with Florida Statute 287 .055, "Consultants Competitive Negotiation
Act." (CCNA), the City issued a Request for Qualifications (RFQ) to retain qualified consultants to provide
various professional and general engineering and architectural services, on a rotational and as needed
basis; and
WHEREAS, a Selection Committee comprised of City staff, rev iewed the proposals received and is
recommending, based on the final scores and ranking, six (6) firms for the Contract Negotiations phase of
the process required by the CCNA; and
WHEREAS, it was noted that two Respondents tied in ranking order, EXP U.S. Services Inc., and
Stantec Consulting Services Inc., at 2.33; and
WHEREAS, due to the number of proposals received (21}, the Selection Committee is recommending
six (6) Respondents for Contract Negotiations phase of the CCNA process and execution of professional service
agreement; and
WHEREAS, the Mayor and City Comm ission wish to authorize the City Manager to negotiate and
execute the professional service agreements.
WHEREAS, the Professional Service Agreement with the firms shall be for a term of three (3) years
and providing the City Manager with sole discretion to renew the agreement for one (1) two (2) year
renewal. The maximum term of any one contract, if the City Manager decides to renew it, will be five (5)
consecutive years. The expenditures related this contract will be charged to the Capital Improvements
Program Accounts on an as needed basis.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are
incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Manager is hereby authorized to negotiate and execute a non-exclusive multi-
year contract with the firms selected for professional surveying, studies, engineering, and architectural
services for construction projects in accordance with Section 287 .055, "Consultants Competitive
Negotiation Act" on a rotational and as needed basis . The term of each contract will be three (3) years
and the City Manager will have an option to renew each contract for one (1) two (2) year term . A copy of
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Res. No. 056-22-15809
a draft of the contract is attached. The contract may be amended in the event that the City Attorney finds
that it is in the best i nterest of the City and that it comp lies with the CCNA process. The expenditures
rela t ed these contracts will be charged to the Capital Improvements Program Accounts.
Section 3. 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 4: Severability . If any section, clause, sentence, or phrase of this resolution is for any
reason he ld invalid or unconstitutional by a court of competent jurisdiction , the holding shall not affect
the validity of the remaining portions of this resolution.
Section 5: Effective Date: This resolution shal l become effective immediately upon adoption.
PASSED AND ADOPTED this 3rd day of May, 2022.
READ AND APPROV ED AS TO FORM,
LANGUAGE, LEGALITY, AND EXECUTION
Page 2 of 2
APPROVED:
COMMISSION VOTE:
Mayor Philips:
5-0
Yea
Commissioner Harris: Yea
Commissioner Gil: Yea
Commissioner Liebman : Yea
Commiss i oner Corey: Yea