02-17-04 Item 6CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER — OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Maria V. Davis
City Manages If.liwe
REQUEST
Date: February 17, 2004
Subject: Agenda Item #
2/17/04
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH KIMBLY -HORN AND
ASSOCIATES, INC. TO PERFORM AN INVENTORY /STUDY OF EXISTING
PARKING WITHIN THE CITY'S BUSINESS DISTRICT, FOR A LUMP SUM
FEE NOT TO EXCEED $17,650.00; AND PROVIDING AN EFFECTIVE
DATE.
BACKGROUND AND ANALYSIS
.a
a, IF
An in -depth study of the current parking inventory and related area in the City's downtown area
is both necessary and overdue. Such a thorough study will enable the administration to
recommend the best solutions for our on -going parking problems, based on hard fact, figures and
logical intelligence. This study will also enable the Commission to make sound decisions on
proposed solutions based on the same hard information and not on representations by special
interests or uninformed opinions.
We have an existing contract with Kimbly -Horn that is being carried out satisfactorily. Their
proposal for the added scope of work involved in the parking study is comprehensive and their
proposed fee within reason. The current amount in the Peoples Transportation Tax Fund,
Professional Services Account (from which we are recommending paying for this study) is
$60,000.
RECOMMENDATION
Your approval is recommended.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH KIMBLY -HORN
AND ASSOCIATES, INC. TO PERFORM AN INVENTORY /STUDY OF
EXISTING PARKING WITHIN THE CITY'S BUSINESS DISTRICT, FOR
A LUMP SUM FEE NOT TO EXCEED $17,650.00; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the first logical step in addressing the parking needs within the City's business
district is the quantification of existing available parking and the assessment of parking conditions; and
WHEREAS, such a study and assessment has not been performed in over a decade; and
WHEREAS, the City of South Miami has an existing contract for related services with Kimley-
Horn and Associates, Inc. which can be extended to cover the scope of services required to accomplish
the needed inventory /study without the necessity of going through a separate bid process; and
WHEREAS, the cost of the survey /study will be a lump sum of $17, 650.00, and the money for
the study is available under the Peoples Transportation Tax Fund, Professional Services Account #124-
173 0 -541 -3100.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI:
Section 1. That the City Manager is authorized to enter into an agreement with Kimley-
Horn and Associates, Inc. to perform the existing parking survey /study and to expend the funds necessary
to accomplish said study, not to exceed $17, 650.00, from Peoples Transportation Tax fund, Professional
Services Account #124 -1730 - 541 -3100.
Section 2. That this resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this day of , 2004.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
01/27/04 TUE 14:55 FAX 19547592247 KIMLEY HORN Z002
®� Kimley -Horn
and Associates, Inc.
January 27, 2004
Mr. Michael Sprovem
City of South Miami
Executive Director, Community Development
6130 Sunset Drive
South Miami, FL 33143 -5093
Re; South Miami Downtown Parking Study
Dear Mr. Sprovero:
Kimley -Horn and .Associates, Inc. ( "KHA ") is pleased to submit this letter
agreement ( "Agreement ") to the City of South Miami ( "the Client ") for
transportation planning services related to analyzing parking supply and demand
in Downtown South Miami. An inventory of Downtown South Miami's parking
supply and demand has not been quantified in over a decade. The purpose of this
study is to assess the need for constructing a parking garage in Downtown South
Miami based on an updated evaluation of existing parking conditions.
We have developed a scope of services based on our understanding of your needs
for parking analysis services within the study area. For the purposes of this
assignment, the study area is bound by U.S. 1 on the north and west, SW 570,
,Avenue (Red Road) on the east, and SW 74`u' Street on the south. Our proposed
scope of services, schedule, and fee are as follows:
SCOPE OF SERVICES
Task I — Quantification of Eidsting Par1king Suppi
The first step in preparing the evaluation of parking needs is the quantification of
existing parking conditions. KHA will prepare a parking inventory to identify
the location and quantity of existing parking within the business district. The
existing parking includes public on- street and off - street facilities and private off-
street facilities.
_ We will prepare ,a base .map showing the location and avanbem of- existing _pack ng
spaces within the study area.
Task II — Collection of Existing.Land Use Data
Parking generation rates are typically based on existing land use. Therefore,
KHA will research existing available data sources to quantify the existing land
use types
■
TEL 954 739 2233
FAX Sao 739 2247
■
sulte 157
5100 N.W. 33rd Avenue
Fl. Lauderdale, Florida
33309
01/27/04 TUE 14:55 FAX 19547392247 KIMLEY HORN 2003
EM KimleyHorn Mr, Mike Sprovero, January 27, 2404, Page 2
W F1 and Associates, Inc.
and intensities within the study area. This land use data will be assembled in a
database.
Task III — Parkine Demand Estimation
Based on existing land use data collected daring Task II, the demand for parking
within the parking study area will be estimated. Parking generation rates from
the Institute of Transportation Engineers (ITE) and the Urban Land Institute
(ULI) will be researched to determine applicability within the parking study area.
One of these nationally accepted methods will be utilized to estimate parking
demand within the study area. The demand for parking will be compared to the
existing parldug supply determined in Task I. The existing parking supply will
also be compared to the existing City of South Miami Municipal Code
requirements for parking based on the land uses within the study area.
Task IV — Parldng 'U'tilization Estimation
KHA will conduct a field review of existing parking within the parking study
area. The purpose of the field review is to quantify existing parking usage
patterns and compare the parking usage to the parking demand estimation
performed in Task III. A, parking count will be conducted including public on-
street and off.- street facilities and private off - street facilities. KRA will conduct
parking counts for a maximum of four (4) hours during peak parking periods.
KHHA will work with City staff to determine the peak periods of parking demand
within Downtown South Miami. Based on our understanding of the existing
activity in the City, we expect those hours may include a mid -day peak period
and an evening peak period. Based on the existing parking usage observations,
key parking patterns will be identified including specific areas with parking
demand surpluses and or parking demand deficits.
Task V — Meetinim and Presentations
One (1) meeting will be held with City staff to provide an update on the study's
progress and review preliminary findings and recommendations.
One (1) presentation will be made to the City Commission at the conclusion of
the study to present the findings and recommendations.
Task VI — Report
A report wiklbe prepared sa rnmarizing the.data collection, data analysis, aael__
findings of the South Miami Downtown Parking Study. Five (5) copies of the
draft report will be provided to City staff for review and comments. Comments
will be addressed and incorporated into a final report. Ten (10) bound copies of
the final report and one (1) unbound set of originals will be provided.
Task VII — Additional Services
01/27/04 TUE 14:55 FAX 19547392247 SIMLEY HORN
®� Kimley -Horn Mr, Mike 5provero, January 27, 2004, Page 3
® and Associates, Inc.
We will provide, as requested and authorized by you, additional services that
require analyses beyond those described in Tasks I through VI. 'These additional
services may include, but not be limited to:
Attendance at additional meetings and public hearings.
Additional parking data collection.
- Traffic engineering analysis.
Site location and design services.
Parking facility design.
Structural engineering.
- Permitting and regulatory assistance.
Forensic (expert witness) services.
Site/Civil Engineering.
- Landscape Architecture services.
Construction phase services.
SCHEDULE
We will provide our services expeditiously as practical to meet a mutually agreed
upon schedule. We anticipate that the project can be completed in approximately
three (3) to four (4) weeks after authorization and notice to proceed.
FEE AND BILLING
KHA will perform the services described in Tasks I through VI of the Scope of
Services for a lump sum fee of $17,650.00.
KHA will perform the additional services described in Task V11 of the Scope of
Services, when authorized by you on a labor fee plus expense basin Labor fees
will be billed based upon hourly rates in effect at the time the, services are
provided. Direct reimbursable expenses such as express mail, fees, air travel,
out -of -town mileage, and other direct expenses will be billed at 1.15 times cost.
An amount equal to 5.85% of the labor fee will be added to each invoice to cover
certain other expenses such as in -house duplicating, local mileage, telephone
calls, facsimiles, postage, and word processing computer time. Administrative
time related to the project may be billed hourly. Technical use of computers for
design, analysis, and graphics, etc, will be billed at $25.00 per hour. All
permitting, application, and similar project fees will be paid directly by the
Client.
Fees will be invoiced monthly based upon the percentage of services completed
as of the invoice date for lump sum services, or based on the amount of services
performed and expenses incurred through the invoice date for labor fee plus
expense tasks. Payment will be due within 25 days of the date of invoice.
[a 004
01/27/04 TUE 14:56 FAX 19547392247 KIMLEY HORN
Kimley-Horn Mr. Mike Spromo, January 27, 2004, Page 4
and Associates, Inc.
CLOSURE
In addition to the matters set forth herein, our Agreement shall include, and be
subject to our currently existing contract. The term "the Consultant" shall refer
to Kimley -Horn and Associates, Inc_, and the term "the Client" shall refer to the
City of South Miami.
If you concur in all the foregoing and wish to direct us to proceed with the
services, Teased have authorized persons execute this Agreement is the spaces
provided below and return the letter to us. Fees and times stated in this
Agreement are valid for sixty (60) days after the date of this letter.
We are excited about working with you and the team on this project. Please call
Greg Kyle if you have auy questions.
Very truly yours,
KR,4LEY -HORN AND ASSOCIATES, INC.
Gary R. Ratay, P.E. Gregory S. yle, AICP
Associate Project Manager
Attachments: Standard Provisions
Agreed to this day of , 2004.
City of South Miami
By:
Title:
Witness:
0ARobm tmnlwuduni=dpprk ft-dgc
Z005
01/27/04 TUE 14:56 FAX 19547392247 KIMLEY HORN
KIMLEX -HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services The Consultant's undertaking to perform professional services extends only to the
services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the
Consultant will perform additional services ( "Additional Services ") hereunder.
(?) Client's Responsibilities In addition to other responsibilities described herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete
authority to transmit instructions, receive information, and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including
all numerical criteria that are to be met and all standards of development, design, or construction.
(c) provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data
reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact
assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may rely.
(d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services.
(e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto,
within a reasonable time so as not to delay the services of the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary for completion of the Consultant's services.
(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as
the Client may require or the Consultant may reasonably request.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the
scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project.
(i) Bear all costs incident to the responsibilities of the Client,
(3) Period of Services Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed
copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in anticipation of
conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be
extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or
suspension extends for more than six months (cumulatively), the rates of compensation provided for in this Agreement shall
be renegotiated.
(4) Compensation for Additional Services Unless otherwise agreed to in writing, the Client shall pay the Consultant for
the performance of any Additional Services an amount based upon the Consultant's event hourly rates plus an amount to
cover certain direct expenses including in -house duplicating, local mileage, telephone calls, postage, and word processing.
Other direct expenses will be billed at 1. 15 times costa Technical use of computers for design, analysis, and graphics, etc.,
will be billed at $25.00 per hour.
(5) Method of Payment Compensation shall be paid to the Consultant in accordance with the following provisions:
(a) Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred.
Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant all taxes, if any,
whether state, local, or federal, levied with respect to amounts paid hereunder, including but not limited to sales tax. The
Consultant shall be compensated in U.S. dollars. Interest will be added to accounts not paid within 25 days at the maximum
rate allowed by law. if the Client tails to shake any payment due the Consultant under this or any other agreement within 30
days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services
under this Agreement until all amounts due are paid in full.
(b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of
the invoice or the Client's_ objections will be waived, and the invoice shall conclusively be deemed due and owing.
(c) The Client agrees that the payment to the Consultant is not subject to any contingency or condition_ The Consultant
may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to
have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and
without prejudicing any right of the Consultant to collect additional amounts from the Client.
(6) Use of Documents All documents, including but not limited to drawings, specifications and data or programs stored
electronically, prepared by the Consultant are related exclusively to the services described in this Agreement. They are not
intended or represented to be. suitable for partial use or reuse by the Client or others on extensions of this project or on any
other project. Any modifications made by the Client to any of the Consultant's documents, or any partial use or reuse of the
documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability
to the Consultant, and the Client shall indemnity, defend and hold the Consultant harmless from all claims, damages, losses
and expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle
rev 2103
2006
01/27/04 TUE 14:56 FAX 19547392247 KIMLEY HORN
the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files are
provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the
electronic files or any discrepancies between them and the hardeopy of the documents prepared by the Consultant, the
hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data
stored in electronic media format can deteriorate or be modified without authorization of the data's creator, the Client has 60
days to perform acceptance tests, after which it shall be deemed to have accepted the data transferred.
(7) Opinions of Cost 13ecause the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as
to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its
experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The
Consultant cannot and does not guarantee that proposals, bids'or actual costs will not vary from its opinions of cost. If the
Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's
services required to bring costs within any limitation established by the Client will be paid for as Additional Services.
(8) Termination The obligation to provide further services under this Agreement may be terminated by either party upon
seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating
party. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the
effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the
Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee
based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to the total amount
of services which were to have been performed.
(9) Insurance The Consultant is protected by Workers' Compensation insurance, professional liability insurance, and
general liability insurance and will exchange certificates of insurance upon request. If the Client directs the Consultant to
obtain increased insurance coverage, or if the nature of the Consultant's activities requires additional insurance coverage, the
Consultant will take out such additional insurance, if obtainable, at the Client's expense,
(10) Liability In performing its professional services, the Consultant will use that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services
are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its
performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. To the fullest
extent of the law, and notwithstanding any other provisions of this Agreement, the total liability, in the aggregate of the
Consultant and the Consultant's officers, directors, employees, agents, and subeonsultants to the Client or to anyone
claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting
from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the
negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the
Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total
compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Under no circumstances
shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed
conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications.
(11) Certifications The Consultant shall not be required to execute any certifications or otber documents that might, in
the judgment of the Consultant, increase the Consultant's risk or affect the availability, applicability, or cost of its insurance.
(12) Dispute Resolution All claims by the Client arising out of this Agreement or its breach shall be submitted first to
mediation in accordance with. the Construction Industry Mediation Rules of the American Arbitration Association as a
condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual
of the cause of action asserted but in no event later than allowed by applicable statutes.
(13) Hazardous Substances and Conditions
(a) Unless stated in the scope of services, it is agreed that the Client does not request the Consultant to perform any services
or to make any determinations involving hazardous substances or conditions, as defined by federal or state law_ If such
services are agreed to, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with
respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis,
recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation.
(b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services
of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected
portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to
rev 7/03
1 007
01/27/04 TUE 14:57 FAX 19547992247 KIMLEY HORN
proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further
agreements as to the additional scope, fee, and terms for such services.
(c) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in
connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the
Consultant from and against any and all claims, tosses, damages, liability, and costs in any way arising out or connected
with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability
of any nature, in any manner related to services of the Consultant.
(14) Construction Phase Services
(a) If the Consultants services include the preparation of documents to be used for construction and the Consultant is not
retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for
construction observation, and the Client waives any claims against the Consultant in any way connected thereto.
(b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's
means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall
Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultants visits will be
for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its
contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees
the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance
with the contract documents.
(c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are
not expressly provided for in this Agreement, The Client agrees that each contract with any contractor shall state that the
contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify
the Client and the Consultant for all claims and liability arising out of job site accidents, and that the Client and the
Consultant shall be made additional insureds under the contractor's general liability insurance policy.
(15) Assignment and Subcontracting This Agreement gives no rights or benefits to anyone other than the Client and the
Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the
Client and the Consultant. Neither the Client nor the Consultant shall assign or transfer any rights under or interest in this
Agreement without the written consent of the other. however, the Consultant reserves the right to augment its staff with
subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises
this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of
whether the services are provided by in -house employees, contract employees, or independent subconsultants.
(16) Confidentiality The Client consents to the use and dissemination by the Consultant of photographs of the project
and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services.
If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant
shall use reasonable care to maintain the confidentiality of that material.
(17) Miscellaneous Provisions This Agreement is to be governed by the law of the State of Florida. This Agreement
contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous
negotiations, representations, agreements or understandings, whether written or oral. This Agreement can be supplemented
or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional
terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant_ Any
provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without
invalidating the remaining provisions. The non - enforcement of any provision by either party shall not constitute a waiver of
that provision nor shall it affect the enforceability of that provision or of the remainder of this ,agreement.
rev 2l03
[J 008
CITY OF SOUTH MIAMI
City Manager's Once
6130 Sunset Drive
South Miami, FL 33143
Telephone: (305) 668 -2510 Fax: (305) 663 -6345
TO: Eve Boutsis
FAX N: 305- 854 -5351
FROM: Charles Blazek
DATE: February 9, 2004
NO. OF PACES INCLUJJDINC COVER: 8 (eight)
HARD COPY SENT 1 YES ) NO
COMMENTS:
Hi Eve,
Following is the Parking Study Proposal from Kimley -Horn about which we spoke last week
Regards.
0 :031NIdd 630Vd 9 :A38 S39Vd „001e 1V101
............................... `........0313ldW00
VV 103
9 /8
.............. dN38
15C9 t,99 90C
a 00 t C
Nd bC : 1 6 /E
6LC
SfllydlS
300A
83OVd
3dA1
S83d0GV /H39nnN 3NOHd
3JVSfl
3NI1 iWiS
80f
WdLC :1 tO-6-83d
9VE9C9990C
INVIN Hinos AlIO d3NNV0S /d3Id00 /XVd /d31NIHd
803 1HOd3H N0IIVN8IdN00 ON3S 051E 13fH3SVI dH