HomeMy WebLinkAboutR-80-086112
"SUP'l0RTIVE
D0"'(. �;'U%,_i NTS
FOLLOW
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE. A`I'TACHEO A(,R17EMF.NT BETWEEN THE CITY
OF MTAMI ANT) KIMT,EY-IIORN ANT) ASSOCLATES, INC.
(SI^iPSON & CURTIN) FOR FF.ASTBILITY STUDIES IN
CORT; ARIA WEST, AI).TACENT TO TILE 1-95 ON -RAMP FROM
%1TAAt] AVENI'f: ,1N1) S.l'.. S'I'RL;F.'f, w1i'lI FUNDS
T1IF.R1?FOR ALLOCATFI) IN THE A?1OUNT OF $25,000
FROM THI-. PARKTNG CAPITAI, PROJI?CTS FUND.
WHEREAS, under Resolution No. 80-819 dated November 6,
1980, the City Manager was directed to present the negotiated
contract between the City and Kimley-llorn and Associates,
Inc. (Simpson S Curtin) immediately following the negotiation
of said contract to the City Commission for its approval; and
WHEREAS, the City Manager has negotiated the attached
Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached Agreement with Kimley-Horn and Associates,
Inc. (Simpson & Curtin) for feasibility studies in the Core Area
West, adjacent to the I-95 On -Kamp from Miami Avenue and S.E.
2 Street, with funds therefor previously allocated in the
amount of $25,000 from the Parking Capital Projects Fund.
PASSED AND ADOPTED this 26
ATTEST:
ALPI-1G. ONGIE
TY C1.17RK
PREPARED ANT) APPROVED BY:
eco(mrRil' F. CLARK
ASSISTANT CITY ATTORN1:1'
day of November 1980.
MAURICE A. FERRE
M A Y 0 R
APPROV,I:H' AS TO FORM AN -'CORRECTNESS-.
dURC,E KNOX, .1R.
CITY A'if,RNEY
"DOCUMENT IP EX
ITEM NO.
CITY Mt'. SS!ON
14EPEfiNG OF
IN, U`J
R£SOLUfICii NO..... ...)...... „t
A G R E E M E 11 T
THIS AGREEMENT made this
by and between THE CITY OF MIAMI, a Municipal Corporation of
the State of Florida, hereinafter called CITY, and KI'-11,•.Y-110RN
AND ASSOCIATES, INC., hereinafter called the PRINCIPAL.
W I T N E S S E T H
WHEREAS, the CITY proposes to determine the feasibility
of constructing a multi -level public parking structurcf'in the
areas adjacent to the I-95 On -Ramp from Miami Avenue and SE 2 Street,
designated herein as Core Area West, Miami, Florida, hereinafter
called the PROJECT; and
WHEREAS, the CITY has programmed $30,000.00 to finance the
cost of undertaking the feasibility and design studies of the
PROJECT; and
WHEREAS, the CITY desires to engage an architectural/
engineering firm to render the necessary professional and
technical services, hereinafter called WORK, for the planning,
design and construction consultation of the PROJECT, upon the
terms, conditions and provisions hereinafter set forth; and
WHEREAS, the Commission of the City of Miami has by
Resolution No. 80-810, dated November 6, 1980, approved the
selection by the CITY MANAGER of KIMLEY-HORN AND ASSOCIATES, INC:.,
as the most qualified firm to provide professional architectural/
engineering services for the PROJECT and has also authori:-.ed the
CITY MANAGER to nc.yot-.iate an Agreement with said firm for the
professional and technical services required for t.ht• Pi:OJEC'i;
NOW, THLREFORL, the CITY and tho PRINCIPAI. fog 1_114'
considerations hereinafter set forth, agree and co%,ellant, vnr
unto the other as follows;
"SUPPORTIVE
n- r%
FULL0 W'=
� �: 80-861
SECTION I - GENERAL
A. The PRINCIPAL and the CITY are fully aware of the
project schedule requirements and will therefore procer:d with
all diligence to carry out the WORT: to meet such requirements.
The PRINCIPAL shall proceed with all applicable dispatch in a
sound, economical, efficient and professional manner to complete
the WORK under this Agreement.
B. The PRINCIPAL shall perform the professional services
as hereinafter set forth and in general accordance with the
instructions of the CITY.
C. The CITY has budgeted the amount of $30,000.00 for
the total cost of the PROJECT, as follows: $
1. LUMP SUM FEE for the selected architectural/
engineering firm.
2. Surveys, soils investigations and related expenses.
3. Administration, reproduction and related expenses.
D. The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all professional and technical
services rendered, as outlined in SECTION III - PROFESSIONAL
SERVICES, thereof, the LUMP SUM FEE of TWENTY-FIVE THOUSAIID AND
N0/100 DOLLARS ($25,000.00).
SEC'.T.'ION II - DEFI14ITIONS
A.
CITY
- is hereby
defined
as The
City
of
Miami, Florida.
B.
CITY
MANAGER - is
hereby
defined
as
the
City Manager
of the CITY.
C. DIRECTOR - is hereby defined as the Director of the
PROJECT appointed by the CITY MANAGER.
D. PRINCIPAL - is hereby defined as KIMLEY-HORN AND
ASSOCIATES, INC., 901 Jones Franklin Road, P.O. Box 33037,
Raleiqh, North Carolina 27606 (919) 851-82G0.
E. PROJECT - is hereby defined as Core Area West, Miami,
Florida, bounded by SW and SE 1 Street on the north, SE 1 Avenue
on the east, SE and SW 3 Street on the south and SW 1 Avenue on
the west.
f . WORF, - is hereby def fined an all the pr. ofr.s:., i nna 1
and technical services to he rendered or provided by the PRTNCIPAL
for the Piwili"CT, as described in SECTION I T 1 - PROrF.'4S TONAL
SERVICES, hereof.
G. LUMP SUPt FEE - i:-; hereby defin(:d as the imc)'irit of
money the CITY agrees to pay and the PRINCIPAL agrees to accept
as payment in full for all the professional and technical services
rendered pursuant to this Agrecrnent, to complete thc• I.UI?ft as further
defined in SECTION IIT - PROFLSSIONAL SI.F:VICES, hereof..
11. DIRECT TECHNICAL SALARY EXPEidSE - is hereby defined as
the strai(jht-time portion of wages and salaries subject to Federal
Income Tax of the PRINCIPAL'S technical personnel (Principals,
Architects, Engineers, Planners, Designers, Draftsmen,
Specifications Writers and Technicians) engaged directly on the
PROJECT. The DIRECT TECHNICAL SALARY EXPINSE charged against
the PROJECT for an.: personnel, inclu:iinc PRINCIPALS sh, 1.1 not
exceed TWE::TI'-5E`,'1... AI+r) NO/100 DGLLAF..S ($27.00) PEn. HOUR, plus
payroll burden which is not to exceed". THIRTY-SEVEN rERCENT (37n).
SECTION: III - PRC I'.iS5I0:71L SER`,%ICL;S
The PRINCIP7�L in close coordir:ation with the CITY shall
perform the following professional and technical services
comprising the WORK and shall be fully responsible for all the
professional and technical aspects thereof. The CITY'S review
and approval of the Wolli: will relate only to overall coi:ipliance
with the gt-neral rer,uirc•m,�nt of the PROJECT and i•,hollever the
term "Approval. by the City" or like terms is used in this
Agreement, the phraseology shall. in no way relieve the PRINCIPAL
from any dutiee; or responsibilities under the terms of this
Agreement and from using tho best architectural and enoi.neeri.ng
services and practices.
They PRINCIPAL :;h-i1.1, in un.lertaking the t•InRR un.ioi this
Agreement, comply with all Fedora]., State and Local cosies;,
ordinances and reyulat.ions pert;+inin�j to the deSiQll .it;ei cor,sti-uctio:,
of the PROJI CT. .Attent-iur, is inVite,1 to the FeJora1
The Occupation.11 nfety IliA l:e:ilth Act, The Nation.11 r,:ire n:nF :it.il
Policy Act an,i t:dual I:riplu..me tit 00i;0r tuni ty Lcai
6lct�•tt`}^
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6
DATA COLLECTION AND ANALYSIS
The PRINCIPAL shall collect data relating to parking
in core Area West in sufficient depth an,1 dr!tail for analysis in
preparing a feasibility report on whether the CITY should undertake
the construction of a multi -story public parkinq facility in that
location. In this regard, the CITY will furnish the PRINCIPAL
with all available reports and documents relating to the PROJECT.
The PRINCIPAL shall meet with representatives of the several
departments in the CITY, as well as with such other agencies as
Metropolitan Dade County, the State of Florida, the Off -Street
Parking Authority and the Downtown Development Authority to
review the adequacy and sufficiency of available information.
The PRINCIPAL shall also collect original field data as required
for the WORK under this Agreement.
In general, the field data and existing data to be analyzed
shall consist of statistical and descriptive information relating
to parking inventory, occupancy demand and characteristics, and
impact on the study area by reason of possible changes in,
1) public and private parking development, 2) roadway system,
3) transit system, 4) land use and employment shifts and 5)
financing methods.
Upon tabulation of data, the PRINCIPAL shall proceed with
analyzing each of three (3) alternative sites as selected by the
CITY within the PROJECT to determine the relative development
potential of each site. The CITY will select one site for further
evaluation by the PRINCIPAL. Whereupon the PRINCIPAL shall proceed
to study the feasibility of constructing a multi -story public
parking facility, including potential mixed -use opportunities,
on the designated site. The PRINCIPAL shall assist the CITY in
making a presentation to the city Commission about the (ievelohment
potential of the designdted sits.
B. FEASIL'ILIT'i REPORT
The PRINCIPAL shall prepare a feasibility report of
the desiynated site based upon his findings and inalyso - ind
whose contents :ikiall .over the fulluwiiiy itum:.:�s` i 10
g
PORTiVE
I
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1. Purpose and Scope
Methodology
3. Existing Conditions
4. Estimated Change of. Concl i ti ohs
5. Relationship of Proposed Development to tine
Rapid Transit Sy.:; tarn
6. Description of frapo�hod Development, Includi.ng
Potential of Mixed Cisc
7. Proposed Construction ;cliudule
B. Estimated Development Cots
9. I•Iethod of. Financing
10. Estimated Parking Demand
11. Reco-mmended Fee Schedule
12. Estimated Gross Revenues
13. Estimated Maintenance and Operation Expenses
14. Estimated Financial Performance'
15. Proforma Estimates
16. Conclusions and Recommendations
The PRICIPAL shall prepare a preliminary and final draft
of the feasibility report for the CITY'S reviev, and comments.
- After the CITY has revie;ved and commented upon the final draft
version, the PRINCIPAL shall complete and submit the feasibility
report in finished form to the CITY for reproduction.
The PR INi-IFAI. shall furnish the CITY with fifty (50) bound
copies, of the Preliminary Report ar,,! one hundred (100) bound
copies of the Final Report.
The PRINCIPAL will assist the CITY in making a presentation
to the City on on the contents of the 1)rL' Lr3z11Z'2-y and
final p�r,l ;i}1i l it, RvI c rts.
During t.-h1 court;c of th1• WORK, this PRINCIP;�I, :;h;lll act a:;
hip own re11r osent.•it.ivo to t:hc CITY in all matters jwrt.,rirli.nc;
to the P}tU.7:'C"1
SrCTI0r., IV - t.•ITY :3E1,VI('1::: ANI) kfi P01SIB LITI}'.
lI CIT :11.A1I furnish tho PRINCIPAL with t.h<- fc�llc,winy
services anti infornation train exirsting CITY rerozand CITY fil . .
\�
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A. The CITY will provide information regarding its known
requirements for the PROJECT.
B. The CITY will furnish a survey of the site diving, as
applicable, grades and lines of streets, alleys, pavements and
adjoining property; right of way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contour;
of the site; location;, dimensions and data from existing records
on file in the Department of Public Works of the CITY pertainin(I
to existing buildings, other improvements and trees; information
concerning available service and utility lines both public and
private; land acquisition costs; and loan existing and applicable
CITY aerial photographs.
C. The CITY will assist the PRINCIPAL in contacting other
agencies for the purpose of securing such existing documents as
may be available from them and in setting meetings relating to
WORK under this Agreement.
D. The CITY will appoint a PROJECT DIRECTOR to act as
liaison between CITY and PRINCIPAL, and the PRINCIPAL will not
start work nor incur any expenses for any Phase of the WORK,
special conditions or change orders without having received
written authorization from the DIRECTOR to do so. Nothing
contained herein shall relieve the PRINCIPAL of any
responsibility as provided under this Agreement.
E. The CITY will cooperate fully with the PRINCIPAL
in rendering timely decisions.
SECTION V - COMPENSATION FOR SERVICES
For professional and technical services for the WWORK under
this Agreement, as outlined in SECTION III hereof, the CITY agree:,
to pay, and the PRINCIPAI, agrees to accept, as a full payctont
for his services the LUMP SUM FEE: OF TINtENTY-FIFE AN;)
DOLLARS ($25,000.00), which FEE will. hereinafter be
the BASIC FEE. This payment will be made monthly in t,ropurtion
to the services performed so that the cotnF)Onsatloll at the
completion of each olemf•nt of the WORK shall equal the follo it,c]
percenta es .in.i ,;a(, ltit:, of tho total BASIC FEE
,S��� DIVE
FOLLOWPI
ACCUIMULi+'I ED
VALUE
8LLmFNT
OF WORK
g
$
A. Data
Collection and Analysis
1.
D-_ita Col 11-!ction
18 .0
4 , S00
2.
Analysis
55.0
.1.3,800
8. Eeasibility
Report
1.
Feasibility
73.0
18,300
2.
Preliminary Report
88.0
22,000
3.
Final Report
100.0
25,000
SECTIOti
VI - SCHEDULE OF WORK
The PRINCIPAL agrees that time is of the essence in the
achievement of the PROJECT and further agrees to exr!cute the
professional and technical services promptly and diligently and
only upon and in strict conformance with specific authorization
fro~t the CITY MANAGER in writing. It is understood and agreed
by both parties that a reasonable time to complete the work
F under this Agreement is six (6) months.
SECTION VII - ADDITIO::i�L lv,101:1, AUTHORIZED BY THE CITY
The CITY reserves the right to authorize the PRINCIPAL
i to provide additional services, if found necessary by the CITY,
in which case the fees for these services will be on a
negotiated basis.
SECTION VIII - TEri:dINATION OF AGREEMENT
The CIT'l retains the right to terminate this Agreement
at any time prior to coml•letion of the WORK without pen;+l ty to
the CITY. In that event termination of this Agrecr.unt ::hall be
in writing to the PRINCIPAL and the PRINCIPAL shall bL• paid for
his services rendered in each comp] oted Element of ;CAI:j: prior
to termination in accor.drance wi th SECTIOPi' V - CO:.l'I:r;�-' ,' i i);J Fni.
SERVICES, provided however that tho PRINCIPAL is nc)t it, dof;lult
under the terms of this Agreement. if, however, th( cerminatio;j
of this Agree -meat occur:; during nn incomplete EIL-VI •11t Of
th„n the. F'ItIL'C1PAL shall be pail at the rate of two an,:
(2'4) times Direct Tochnical Salary Exj,ensc- for tho.-,c• •,'Ivic-os
renclerud in such incoinplete Eleinent: of WORK hrov! ?.,ti t!t,:t tl;.
Y I1:ICIPAL is not in d0f:)U12. UI)L1t-r thy' trims of thi .
In no case However, will. tho C1TY jay r_he PRI::CI?..•, ., rr, it;L
so-861
I
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afnount for his incomplete Element of WORM. than would have been
paid had the termination been ma(_le at the completion of this
Element of WORK.
In the event of termination, all documents, plan!;, etc.,
as set forth in SECTION XI - OWNERSHIP OF DOCUMENTS shill become
the property of the CITY, with the same provisions of use as set
forth in slid 5ECT10N XI.
SECTIQN I. - PRINCIPAL'S SPECIALIST
The PRINCIPAL proposes to have the following specialists,
either from his organization or as his consultants or associates,
to perform the services indicated:
A. Parking Design Specialists
B. Financial Specialists
The PRINCIPAL will be responsible for all the WORK of his
own organization, and of his consultants or associates. Nothing
contained in this Agreement shall create any contractual relation
between any of the specialists working for the PRINCIPAL and the
CITY. It shall be understood that the PRINCIPAL is in no way
relieved of any responsibility under the terms of this Agreement
by virtue of any other professional who may associate with him
in performing the WC K.
SECTION X - ADDITIOI AL PROFESSIONAL RESPONSIBILITIES
The following professional services and work by the
PRINCIPAL shall not be considered extra services but on the
contrary shall be considered part of the WORK of the PRINCIPAL.
A. Prior to printing the bound versions, revise the drafts
of the Preliminary and Final Feasibility Reports to reflect the
comments of the CITY.
SECTION X1 - OWNLRSHIP OF DOCUMENTS
All tracingfi, plans, drawings, specifications, field books,
survey information, maps, contract documents, reports and other
data duveloped as a result of this Agreement shall become tho
property of thy: CIT'i without restriction or limitation can their
Use. It is further stipulated that all information devolov,okl as
a part of tho IIPOJ::C.T :.hall not be used l,y thu PR! 'Il' +1. Without
written consent of the CITY.
V�LLV C V
'�+`3 • � • a �' s<� °ate-, . �
tt is fur':Ill r'r uric?r r ,tnocl 1)v and 1)etw(2 11 t:hn partiCF: L11at AnV
ihformation, nl.+ps, cc) ntraCt. (Iocumeuts reports, tracincl:;,
rl ans, draw h, 11,ie c'..t t -lun^, book:; or any nt-I1Cr 7toLt: t'Y'
what:;oevor which i.s give,, by the CITY t•r) the I'RIt1CItAl, plirsu,trit_
to this A(Ira(2lnent ,ha11 at. all times ronai.n the 1)rr)p..rty of.
the CITY and shill not L)c' us(,d by tho 11RINCIPAI, for :lay other
purpose what:;oever Without: thn written consent of thl) CITY.
It is further unders-tc;c)d that: no press releac(.:s or
publicity is to be issued 1 } the PRIIICIPAT, without prior
submittal to the CI'i'Y an�� l:'ritten apyroval from the CITY.
SLCTIO:t {II - 16','1RD OF AC;P1:UM1ET T
The PRI::CIPAL %-;arrants that he has not employed or
retained any company, or 1)crsons to solicit or secure this
Agreement, that he has not paid or agreed to pay any company
or person any fee, commission, percentage,.brokerage fee, or
gifts or any other consul -rations contingent upon or resulting
from the award or mziki.r. of this Agreement.
The PRI,'ICIPAII also %,,arrants that to the best of his
knowledge and belie,`- nc) Cormniszsinner, Mayor or other officer
or employee of t11= CITY ir, interested directly or indirectly
in the profits or of this Agreement or the job,
work, or services for the CITY in connection with the contract
or construction of this: PPOJECT.
The PRINCIPAI. shall not entlage, during the perio : of this
Agreement the services of any professional or technical. person
who has been at any time durincl the period of this Ayrrelnent
in the employ of the C'I:'Y. This does not apply to retired
employees of thu CTT%*.
'1'11c PF?I:1CII'T1L is of the conflict of intorest law of
both tho CS ry of ;Ii.11::i .lid N,lcie County, Plori,ia, an,i agrees that
he sip.)11 fully Cu:,lt 1•; ill 111 rrr:;pect. with the torsi.- c)f -; tid
III - 1-: 'TENT 7I' AGRI:I::d t::1T
1'llis Ihclh"c�utvnt rclrtst'lit the entire and intectr.tteci
Actrt rr,ct ltt t)vt.�.ee n t't,c• CITY and the PRINCIPAL, and supot odes
�. -861
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All prior negotiations, representations or Agreements, either
written or oral. This Agreement may be amended only by
written instrument by both the CITY .and the PRINCII'AI,.
SECTION XIV - SIJCCI.SSORS ACID ASSIGN:
The PRINCIPAL shall make no assignments or trans;fer of
this Agreement, or sublet, assign or transfer any hart. of
the WORK under this Agreement without the written con:.ent of
the CITY. This Agreement _,hall be binding upor, the parties
hereto, their heirs, executors, legal representatives, successors
and assigns.
SECTION XV - TRUTII IN NEGOTIATIO?IS
The PRINCIPAL hereby certifies that wage rates and other
factual unit costs supporting the compensation are accurate,
complete and current at the time of contracting and that the
original contract price and any additions thereto shall be
adjusted to exclude any significant sum where the CITY determines
the contract price was increased due to inaccurate, incomplete
or non -current wage rate and other factual unit cost. Such
adjustments must be made within one year following the end of
the Contract.
SECTION XVI - RIGHT TO AUDIT
The CITY reserves the right to audit the records of the
:PRI.ICIPAL any time during the prosecution of this Agreement
and for a period of one year after final payment is made under
_klthi �, Agreement.
Notwithstanding any other provisions of this Agreement,
in no event shall the payment of the LUIMP SUt•1 F,r:r under
l < SEC'PION V herein, enable the PRINCIPAL to earn a profit of
M
more than TWENTY (20") PE'RCENT of the LU111 SUM 1'L•'I:. At: the
titnt� of the final ineromont of that: LL';•11` SUM 1'1:1•: is dtio to bo
paid by the CITY to the PliINCIP,'%I, pur:;u.lnt to thy tel ui:. of
SFCT1011 V herein, the PIINCIPAL shall submit to the CITY a
certification of leis total costs incurred and profi.t:; rt alized
in providing the basic services as outlined in SEC`I'I0N III
herein. It !;uch cortifications in.ii:-.ite profits in oxce_;s of
the maximum set forth .shove, the I'R- IPAL shall '.;ir.;tlltarleously
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temit any overage to the CITY. The CITY reserves th,: right
to audit the books an,1 records of tho PRINCIPAL and t.0 ,7djust
the amount of any such rvpaymf>nt in Lhe 1 ight of .,,, H iu'li t.
In calculating the total costs incurre,l b•. the I'Itl:lc_II'ttL'u
own staff, the I'RI;Ir'TPAL shall use a pereentacie o:'crh-arl
applied to th(2 DIRECT TECPHIC,IL SALARY EXIIHN E cI S f,.1 in
sI c,rIO:, I i hc)reiri. The percentage ovcrilcad -,hal l Le oqual to
the actual percentage ov'-_ncr�ad p,:rtaini ng for all of the
PRINCI:hL5' work in the last (17) month period
preceding the date of this Contract for which data is available.
All service:^ provided by sub, --=tractors to the PRINCIPAL shall
be included at the actual cost paid by the PRTNCIPM, and the
percentage overhead shall not apply.
SECTIC:. XVIZ - INSURA:iCE A11D IiID '-1I:Ir1CATIC::
The P I: CIFAL shall provide insurance as recui.red in
paragraphs A, B, C, and D hereinbelow prior to commencing work
in this Contract.
The PRINCIPAL shall
indemnify and save the CITY harmless
from any and all claims,
liability, losses and causes of action
arising out of error, omission
or negligent act of the PRINCIPAL,
j- - --
its agents, servants or
employees in the performance of services
-'- t
under this Agreement.
The PRINCIPAL shall
pay all claims and losses of any
(�
nature whatsoever in connection
therewith and s1.1ill defend all
- r
suits in theme name of the
CITY when applicaLle, and ,hall hay
all costs and judgr.I(ynts
which may is:;ue thereon.
The PRINCIPAT, shill
maintain during the term:, of this
AgreemeIt the following
insurance:
A. Public Lirlbi 1 i t.1
II1:;Urance in amounts not lc:, than
$300,001) p, r o curronce
for 1�3o(1i ly injury and $5(1,000 per
—
occ-urrenci• for prop-t-t_y
d,un.I,lr., --aid insurance. -;h.Il I includo
contr.,ctual liability coverage.
The CITY shall b:. n.imod a:; at,
ad,iitic,rtai iit:-;urcd.
11 Automt-)))i le 1,i,tity Insurait,-c in amoul;t:, n,,t lc:;s
than $1000' !JO l,,.r c, r;c�n arl,1 3UO,OOrJ ter Icci,."I•,t £c)r bodily
injury tr:1 ;5(.I,UUJ per occurrence for 1)ronert,
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87-8(; I
C. Professional Liability Insurance in a minimum amount of
$1,000,000 covering all liability arising out of the terms of
this Agreement. The CITY will not accept a claims; only policy
to satisfy this requirement but mu:,t he provided for
any incident which may occur due to professional expurtir,e.
D. Wor.kman's Compensation Insurance in the statutory
amounts. The insurance coverage required shall. include those
classifications as listed in standard liability insurance manuals,
which most nearly reflect the operations of the PRINCIPAL.
All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida;
and which are approved according to specifications of the Risk
Management Division of the CITY. The CITY shall be named as an
additional insured on the public liability policies.
The PRINCIPAL shall furnish certificates of insurance to the
CITY prior to the commencement of operations, which certificates
shall clearly indicate that the PRINCIPAL has obtained insurance
in the type, amount and classification as required for strict
` + J compliance with this Section and that no material change or
cancellation of the insurance shall be effective without the
thirty (30) days written notice to the CITY.
Compliance with the foregoing requirements shall not relieve
the PRINCIPAL of his liability and obligations under this Section
or under any portion of this Agreement.
SECTION XVIII - EIGHT OF DECISIONS
All services shall be performed by the PRINCIPAL to the
satisfaction of the DIRECTOR who shall decide all questions,
difficulties and disputes of whatever nature which may arise
under or by reason of this Agreement, the prosecution and
fulfillment of the services heroun or, and tho character,
quality, amount, and value thereof, and the DIRECTOR,':; decision
upon all claims, duestiuns of fact, and disputes shall be final,
conclusive and bindiriy, upon the hartius hereto, utrlesS ;;uch
determination is clearly arbitrary or unreasonably. In the
event that tho PRINCIPAL does not concur in the ju_1c;ment of
the DIRECTOR as to any decision made by him, the Pi:I.:C IPAL
shall present his written objections to the CITY YANAGER; and
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the DIRECTUR and the PRI'ICTPAT, r;h•1 II ai)ide by th(, dr`r•i!;ion
of the CITY MANAGER. Ad ju:3t--M' 11t: Of co-lhensativn arA contract
time because of .rn•; ch.ln Tc:; i rl ht` W ),JRY mi-rtit hecc:n rtecc?[;5.12 ;
or be deeded desirahl-_ as tho a( I.F' pr) -lr.es res he reviewr!)i
by the DIREC'TMI, Intl the CITY MANAGER an,l submi t"c!d f () the CITY
CL),M:•1ISS10t1 for appt oval .
SECTION XI: - Nt):1-i)iSCRI:lI11ATInTi
A. thr PT2TNC I PAL wi 11 nut rii.:;criminate againr,t any
emplo,..•cee or applicant for eRtr)loymr�nt because of race, color,
religion, sex, or national origin. The PRINCIPAL will take
affirmative action to ensure that applicants arc c,::, i dyed , and
the emulo_•ees are treated during employment, without: regard to
their race, color, religion, sex, or national cr.iriin. Such
action shall include, but not be lii;litcd to, the follo...ing:
Employment, upgrading, demotion, or transfer; recruitment or
recruitment ac;rertising; layoff or termination; rates of pay or
other forms of compensation; ar,ct selection for traini nc, incl.udir.r
apprenticeship. The PRINCLFhT, acre -es to post in conspicuous
places, available to emplosc c`s Intl applicants for erinlo:rment,
notices to be provided by the Personiiel officer setting forth
the provisions of this Equal Opportunity Clause.
B. The PRINCIPAL will, in all solicitations or
advertisements for employees placed by or on behalf of the
PRINCIPAL, st+,te that all clual i fied applicants will receive
consideration for employment Wi.t'}lnut regard to race, color,
religion, sex or national origin.
C. The PRINCIPAL will. send to each labor onion or
representative Of aU2'}�(.`YE: with %.•hiCh hr? ha.,;
Col1'•Ct i'ie bargainint,
agreement or ot}l(-r contract: or undc)rstcn�tinl, ;t nrt:ir.r`, to ))o
provided by t-ho ldi`ni7V Pt`1' 1Ci111:t?1 Off C'liY, advii-in,: tho 1.ih0'"
union or .-;or1-.or:;' re})rt!:;ellt:lt.l:'t! Of tho t:C)ilt.2':1'tc?tt: t'C);tnit:•t+!tt';
undor tIti ; 1-git,.,1 0 1) 1 vo r t u i i CI,,a:;0, ,11,,I :;haI1 1)or,t ruj-i,,:; of
the notice in cc>n:;1,rcuou:: T:l.lct?s DIVA .1t.l0 t:o 01A1),It, .:r:. aI-,,I
applicants for employment
1J
4
D. The PRINCIPAL will comply with .ill provisions of
Executive Order No. 11246 of September 24, 1965, as amended by
Executive Order No. 11375 of October 1.3, 1967, and of the rulus,
regulations and relevant: orders of the Secretary of Labor.
E. The PRINCIPAL will furnish all information and reports
required by Executive Order No. 11246 of September 24, 1965, as
amended by Executive order No. 11375 of October 13, 1967, and by
the rules, regulations and order of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records
and accounts by the contracting agency and the Secretary of Labor,
for purposes of investigation to ascertain compliance with such
rules, regulations and orders.
F. In the event of the PRINCIPAL'S noncompliance with
the Equal Opportunity Clause of this contract or with any of the
said rules, regulations or orders, this contract may be canceled,
terminated or suspended, in whole or in part and the PRINCIPAL
may be declared ineligible for further CITY contracts in
accordance with proce(:Iures authorized in Executive Order
No. 11246 of September 24, 1965, as amended by Executive Order
GI)
J(_� No. 11375 of October 13, 1967, or by rule, regulation or order
j-" - of the Secretary of Labor, or as otherwise provided by law.
G. The PRINCIPAL will include the provisions of XIX A
through XIX G in every subcontract or purchase order unless
rn exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1965, as amended by Executive Order No.
11375 of October 13, 1967, so that such provisions will be
binding upon each subcont-rator or vendor. The PRINCIPAL will
take such action with respect- to any subcontractor or purchase
order as the coritrac,tinq agency may direct as a means of e>nforcinc!
such provision:,, inc•ludinq .sanctions for nonc-ompli,incc:
Provided, however, that in thu event th` PIINCIPAL becomes
involved in, or is tlii-catuned with, lit igat-ion with a subcontractor
or vendor as a result of such direction by the contrActirtcl actcncy, ,
the PRINCII'A1, may rr.(lu.!st the CITY to enter intc) su.li litigation
to protect they it+Lego!-.ts of the CITY.
-14-
SECTION XX - CON.;TJLTAiiTS
The CITY hereby approves thri following firms which the
PRINCIPAL proposed to crilade to provido consu.l.t.i.nq :;r2rvices
for the PROJECT, as subcontractors to the PRINCIPAL:
Parking and Pi nanci.�l :
Simpson & Curtin
A Division of Booz, Allen & Hamilton, Inc,
1346 Chestnut Street
Philadelphia, Pennsylvania 191.07
(215) 5.15-13000
The PRINCIPAL shall furnish the CITY with a copy of the
subcontract agreement. The PRINCIP7�L shall not subcontract for
other consulting services without prior written approval of the CI:'
SEC:IC:I XXI - CONSTPIUCT101. OF FzG: E:iE T
The parties heretc agree that this Agreement shall be
construed and enforced according to the laws, statutes and
case law of the State of Florida.
IN WITNESS r:HEF.i:OF the parties hereto have, through their
proper corporate officials, executed this Agreement, the day and
year first above set forth.
ATTt:ST:
rn&/ Secretary
ATTEST:
City Clork.
APPROVEM AS 0 CC:',.'Tl::T
l
C i t y :•:•inagcr
Kimley-Horn and Associ tes Inc.
By; ` ^
Tho CITY UP I•tlA:il (a municipal
corporation of the State of Fluri.i
By:_
Ci ty M'I11.1ycr
APPRGVIED A:; TO felt?1
ll ',
oe
�1. Ci-t_y Attorn(�y
. 15 �
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M PSON 8
ClJ R T I N
Transportation
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/gin ine rs
CNICAGO NEW vOPn WAS.INGTON
ATLANTA D09TON CINCINNATI CLEVELANO
DALLAS LOS ANGELES SAN I.ANCISCO
CAAACAS DUSSELOOAr LC'100N -.p 5 SAO PAULO
November 14, 1980
1346 CHESTNUT STQEET
PHILADELPHIA, PENNSYLVANIA 19107
545 —8000
AREA CODE 215
Mr. Morris Kaufman
Public Works Department
3332 Pan American Drive
Miami, rL 33131
Dear Mr. Kaufman:
We were pleased to hear of our selection, along with
our co -venture partner, Kimley-Horn, to assist you in your
downtown parking feasibility analysis. After reviewing
the requirements for this particular element of your over-
all study program, we believe it would be in the City's
best interest to necrotiate with our co -venture partner,
Kimley-Horn. P;e have concluded this because of the budget
and time requirements associated with this particular study.
We would, of course, intend to remain on your list
for consideration in future study awards.
Very truly yours,
MICHAEL G. RRERI
President
MGFJsam
r •
I
i
24 1 NIT E R - 0 F I C
Richard Fosmoen November 14, 1980
City Manager
St. SJe�-' Proposed Resolution Approving
Agreement for Feasibility
-'cc Study in Core Area West
Morris I. aufmann PEf'E4EV E5
Assistant to City Manager
1
r
It is recommended that the proposed Resolution,
attached hereto, be adopted by the City Commission
in its meeting on November 26, 1980. The
Resolution approves the Agreement between the City
and Kimley-Horn and Associates, Inc., fora
feasibility study on parking needs in Core Area
r.a O West, Downtown Miami, Florida, and authorizes the
CO City Manager to execute the same.
w
- The City Commission by Resolution No. 80-819, dated November 6, 1980,
approved the selection by the City Manager of Simpson & Curtin to
provide professional architectural/engineering services in connection
with preparing a feasibility study in Core Area West, Downtown,
Miami, Florida; directed the City:,lanayer to neyotiat, a contract
with said firm for City Com,nis5ion approval; and allocated an amount
of $30,000 from the Parkin(.; Capital Projects Fund for the contract
and any necessary araci.11ary service contracts for the Projoct.
A negotiating commi ttee consisting of. 14orris Kaufr~,ann and
Peter Andolina, Assistant Director of DUA, negotiated the attached
Agreement on November 13 and 14, lit<3O. The A(jreement is deemed
fair, reason;al)le, co,1petiti%, n,i in th(-nest interests of the City.
During thu ne(,oti,,tion:,, t}re joint venture of Simpson & Curtin and
Kimley-Horn determint.ci that it be advantageous to the City if
Kimley-Horn assumed the lead role and Simpson & Curtain would assume
a sub -contractor's role in the performance of this Agreement
Therefore, the Agreement is executed by Kimley-Horn.
The attached Resolution provides for the following City Commission action
1. Approves the Agreement
2. Authorizes the City Manager to execute it.
MIK:bf
Enclosure
80-8f,I