HomeMy WebLinkAboutR-95-0237J-95-280
3/27/95
RESOLUTION NO. 9 5 — 237
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM SUBJECT TO
THE APPROVAL OF THE CITY ATTORNEY, WITH
ANDRES DUANY AND ELIZABETH PLATER-ZYBERK,
INC., A FLORIDA CORPORATION, IN AN AMOUNT NOT
TO EXCEED $50,000 FOR PROFESSIONAL
TRANSPORTATION ENGINEERING AND PLANNING
SERVICES PERTAINING TO THE COMPLETION OF THE
COCONUT GROVE PLANNING STUDY FOR THE PERIOD
APRIL 15, 1995 TO APRIL 15, 1996; WITH
FUNDING TO BE DETERMINED BY THE CITY MANAGER.
WHEREAS, the City of Miami, pursuant to Resolution No.
93-693, designated as a Category "B" Project, the acquisition of
professional planning services for the Coconut Grove Planning
Study; and
WHEREAS, pursuant to Resolution No. 93-693, the City
Commission appointed Sergio Rodriguez, Assistant City Manager (or
his designee) as chairperson of the Competitive Selection
Committee, and established a Certification Committee of not less
than three professionals in the fields of endeavor or practice
involved, to review the qualifications, performance data, and
related information provided by those responding to the City's
Request for Qualifications; and
WHEREAS, the City of Miami issued a Request for
Qualifications for professional land use planning, urban design,
historic preservation, architectural, landscape architectural,
CITY COMM.
MEETING OF'''�
MAP, 2 7 1995
Resolution No.
95- 237
L
110-
implementation planning and transportation engineering and
planning services on September 1, 1994; and
WHEREAS, the Certification Committee met on September 26th
and October 6th, 1994 and certified four teams as being
responsive to the City's Request for Qualifications; and
WHEREAS, the Consultant Selection Committee, consisting of
twenty (20) members, with four (4) employed by the City of Miami,
four (4) being professionals from the practices involved, heard
representations and interviewed three certified teams on October
17, 1994; and
WHEREAS, the selection procedures were performed in
accordance with the Consultants Competitive Negotiation Act as
set forth in Section 287.055 of the Florida Statutes and
Ordinance No. 9572, adopted February 10, 1983 and codified as
Section 18-52.3 of the Code of the City of Miami; and
WHEREAS, by Resolution No. 94-857, adopted November 17,
1995, the City Commission, upon the recommendation of the City
Manager, approved the findings of the Competitive Selection
Committee as to the most qualified team, being Andres Duany and
Elizabeth Plater-Zyberk, Inc.; and
WHEREAS, Carr Smith and Associates, subconsultants on the
Consultant's team, are qualified to perform traffic and
transportation engineering and planning services; and
WHEREAS, the transportation engineering and planning portion
of the Coconut Grove Planning Study is an eligible activity so
that subsequently a grant application will be forwarded to the
Metropolitan Planning Organization for funding under the FY
-2-
95— 23'7
1994-1995 Metropolitan Planning Organization Municipal Assistance
Program; and
WHEREAS, the Coconut Grove Planning Study has been divided
into two contracts - land use and transportation - for
administrative convenience in linking work product with source of
funds and to be able to subsequently apply to the MPO for
funding;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to execute
an agreement, in substantially the attached form, subject to the
approval of the City Attorney, with Andres Duany and Elizabeth
Plater-Zyberk, Inc., a Florida corporation, in an amount not to
exceed $50,000, for professional transportation engineering and
planning services pertaining to the completion of the Coconut
Grove Planning Study for the period of April 15, 1995 to April
15, 1996; with funds to be identified by the City Manager as
follows:
Section 3. This Resolution shall become effective
immediately upon its adoption.
95- 23'7
-3-
4.,
PASSED AND ADOPTED this 27th day of March , 1995.
STE HEN P. CLAM, MAYOR
ATTES
04 MATTY HIRAI, CITY CLER&
BUDGETARY REVIEW:
MANOHAR S. S
ASSISTANT Cl
i
PREPARED AND° APPROVED BY:
eff eE.AXWELL
DTY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A! Q
CITY
M5 0 2 6 / JEM/Ws
-4-
95-- 237
EXHIBIT A
SCOPE OF SERVICES
Preparation and Programming
1.1. Under the supervision of the TOWN PLANNER:
the subconsultant Carr Smith and Associates will participate in
coordination efforts.
Pre Charette Workshop
1.2. Under the supervision of the TOWN PLANNER:
- the subconsultant: Carr and Associates will participate in pre-charette
activities
Charette
1.3. Under the supervision of the TOWN PLANNER:
- the subconsultant will participate in the Charette
Coordination and Completion
1.4. Under the supervision of the TOWN PLANNER:
- the subconsultant: Carr Smith and Associate will participate in the
preparation of the draft and final report.
Phase V
Detailing of Traffic and Parking Studies
1.5 Under the supervision of the TOWN PLANNER, shall: the subconsultant: Carr
Smith and Associates
- examine the various areas and neighborhoods of the Grove with a view
toward easing residents access while deterring through traffic, and
- Propose recommendations and solutions to the current traffic and parking
problems in Coconut Grove, including improved access to public
transportation, and
- Provide a comprehensive traffic and parking study for Coconut Grove.
95- 237
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of , 199_, by and
between the City of Miami, a municipal corporation of the State of Florida,
hereinafter referred to as "CITY", and , Andres Duany And Elizabeth Plater-
Zyberk Architects, Inc. hereinafter referred to as "CONSULTANT."
RECITAL
0
WHEREAS, the City of Miami has wishes to apply for a grant for transportation
planning and coordination from the Metropolitan Planning Organization for the
Miami Urbanized Area (MPO), and
WHEREAS, the Department of Planning, Building, and Zoning, has been
designated by the City Commission to administer past MPO grants pertaining to
transportation studies as authorized by the Scope of Work included in the
City's former Memoranda of Agreement with the MPO; and
WHEREAS, the City Commission of the City of Miami by Resolution No. 93-693
October 21, 1993 authorized this study and Resolution No. 94-857 November 17,
1994, authorized the City Manager to enter into an agreement with Andres Duany
and Elizabeth Plater-Zyberk Inc., for professional services to carry out the
Coconut Grove Planning study; and
WHEREAS, Carr Smith and Associates, subconsultants in the consultant's team
are professionally qualified to perform traffic and transportation engineering
and planning services, under the supervision and coordination of the
consultant;
95- 23'7
Now, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated,
the parties hereto understand and agree as follows:
I. TERM
The term of this Agreement shall be from April 15, 1995 through April 15,
1996.
I1. DEFINITIONS
CONSULTANT is hereby defined as Andres Duany and Elizabeth Plater-Zyberk Inc.,
a Florida Corporation .
TOWN PLANNER is defined as Elizabeth Plater-Zyberk, a principal of the
CONSULTANT.
DESIGN TEAM is defined as principals and staff the CONSULTANT and sub
consultants:
STUDY is hereby defined as the Coconut Grove Planning Study, including
professional land use planning, urban design, historic preservation, architect
and landscape architecture services, transportation engineering and planning
services and implementation planning as specifically defined under the Scope
of Services. It is the intention of the CITY that the Scope of Services in
this contract and the Scope of Services in a companion contract will together
comprise the STUDY.
STUDY AREA is defined as Coconut Grove, being the area bounded by Rickenbacker
Causeway, Federal Highway, S. Dixie Highway/US-1, the municipal limits on the
west and south , and Biscayne Bay.
95- 23'7
-2-
0
PROJECT MANAGER is hereby defined as the Director of the Planning, Building
and Zoning Department or his designee the Deputy Director of the Department
who shall function as the Manager of the study for the City.
III. SCOPE OF SERVICES
Consultant will perform the services contained in Exhibit A, attached hereto
and incorporated herein by reference.
IV. COMPENSATION
City shall pay Consultant, as maximum compensation for the services required
pursuant to Section III hereof, a sum not to exceed $50,000 payable as
follows:
Phases I to IV It is the intention of the City that these phases will be
addressed in a separate companion contract addressing all land use planning
aspects, supervised and coordinated by Andres Duany and Elizabeth Plater-
Zyberk, Inc.
Phase V.--
It is the intention of the CITY that this phase will address all
transportation and traffic aspects, supervised and coordinated by Andres Duany
and Elizabeth Plater-Zyberk Inc., with Carr Smith and Associates as
subconsultants, performing as professionals in transportation and traffic
engineering and planning.
(a) Upon execution of Contract ---------------------- $5,000
(b) Upon completion of pre-Charrette arrangements--$10,000
(c) Upon completion of Charrette------------------- $20,000
95- 237
-3-
(d) Upon completion of submittal of reports and presentation to City
Commission ---------------- $10,000
(e) Retainer, to be paid 30 days after City Commission
presentation ------------------------------------ $5,000
Payment of all taxes and expenses such as income tax, Social Security, health
and major medical insurance, personal insurance and general expenses of any
kind not provided for in this Agreement will be the responsibility of the
Consultant. Payments shall be made only upon presentation of an invoice from
the CONSULTANT and certification by the Deputy Director for Planning and
Zoning that work has been performed to the satisfaction of the City.
V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordiances and codes of
federal, state and local governments.
VI. SUBCONSULTANTS
The obligations undertaken by the CONSULTANT includes the employment of the
following subconsultant to perform specialties required of this study: Carr
Smith and Associates.
The CONSULTANT will be responsible for all the work of his organization, and
that of his subconsultant. Nothing contained in this Agreement shall create
contractual relationship between the subconsultant working for the CONSULTANT
and the CITY. It shall be understood that the CONSULTANT 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 STUDY.
95- 237
M10
VII GENERAL CONDITIONS
A. All notices or other communications which shall or may be given pursuant to
this Agreement shall be in writing and shall be delivered by personal
services, or by registered mail addressed to the other party at the address
indicated herein or as the same may be changed from time to time. Such notice
shall be deemed given on the day on which personally served; or, if by mail,
on the fifth day after being posted or the date of actual receipt, whichever
is earlier.
CITY of Miami:
Planning, Building & Zoning Dept.
P.O. Box 330708, Room 300
Miami, Florida 33233-0708
Attention: Joseph McManus,
Deputy Director
(305) 579-6086
CONSULTANT
Andres Duany & Elizabeth
Plater-Zyberk, Inc.
1023 S.W. 25th Avenue
Miami, Florida 33135
Atttention: Elizabeth
Plater-Zyberk
(305) 644-1023
B. Title and section headings are for convenient reference and are not a part
of this Agreement.
C. In the event of conflict between the terms of this Agreement and any terms
or conditions contained in any attached documents, the terms in this Agreement
shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same of any other provision hereof, and
no waiver shall be effective unless made in writing.
-5-
95- 23'7
13
'i'&.
E. Should any provisions, paragraphs, sentences, words or phrases contained in
this Agreement be determined by a court of competent jurisdiction to be
invalid, illegal or otherwise unenforceable under the laws of the State of
Florida or the City of Miami, such provisions, paragraphs, sentences, words or
phrases shall be deemed modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with such laws, then same
shall be deemed severable, and in either event, the remaining terms and
provisions of this Agreement shall remain unmodified and in full force and
effect.
VIII. OWNERSHIP OF DOCUMENTS
All documents developed by subconsultant: Carr Smith and Associates for the
CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT
upon completion of the services required pursuant to Section III hereof and
shall become the property of CITY, without restriction or limitations on their
use. CONSULTANT agrees that all documents maintained and generated pursuant to
Section III hereof and shall become the property of the CITY, without
restrictions or limitations on their use.
CONSULTANT agrees that all documents maintained and generated pursuant to this
contractual relationship between CITY and CONSULTANT shall be subject to all
provisions of Public Records Law, Chapter 119, Florida Statues.
It is further understood by and between the parties that any information,
writings, maps, contract documents, reports, or any other matter whatsoever
which is given by CITY through CONSULTANT to subconsultant: Carr Smith and
Associates pursuant to this Agreement shall at all times remain the property
95- 237
IM
of the CITY and shall not be used by CONSULTANT or subconsultant for any other
purpose whatever without the written consent of CITY.
Following completion the STUDY, the CONSULTANT and subconsultant shall have
the right to include representative pages, maps and figures of the STUDY,
including photographs, among the CONSULTANT'S and subconsultants promotional
and professional materials.
With the CITY approval, in the event the CITY or the CONSULTANT publishes or
causes to be published photographs or other representations of the STUDY, both
parties agree to require publishers to include reference to both parties -CITY
and CONSULTANT- in any such publication. The CITY and the CONSULTANT will
develop a mutually agreed upon credit format for submission to publications.
IX. NONDELEGADILITY
The Obligations undertaken by CONSULTANT pursuant to this Agreement may be
delegated or assigned to any other person or firm if the CITY shall first
consent in writing to the performance of assignment of such service, or any
part thereof, by another person or firm.
X. AUDIT RIGHTS
CITY reserves the right to audit the records of CONSULTANT at any time during
the performance of this Agreement and for a period of one year after final
payment is made under this Agreement.
XI. AWARD OF AGREEMENT
CONSULTANT warrants that he/she has not employed or retained any person
employed by the CITY to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay person employed by the City and fee,
-7-
95- 237
0
jig,,
commission percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the ward of this Agreement.
XII. CONSTRUCTION OF AGREEMENT
This Agreement shall be constructed and enforced according to the laws of the
State of Florida and venue shall lie in Dade County, Florida.
XXIII. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors and assigns.
XIV. INDEMNIFICATION
To the extent permitted by law, CONSULTANT shall indemnify and save City
harmless from and against any and all claims, liabilities, losses, and causes
of action which may arise out of performance of this agreement as a result of
any error, ommission, o►^ negligent act of the CONSULTANT, including any
person acting for or on its behalf as determined pursuant to a final judgement
from a Court of competent jurisdiction unless said act is caused by an
employee agent or authorized representative of the CITY, and, from and against
any orders, judgments, or decrees which may be entered and from, and against
all costs, attorneys' fees, expenses and liabilities incurred in the defense
of any such claims, or in the investigation thereof. The CITY shall notify
the CONSULTANT in writing immediately upon receiving notice of any matters for
which this indeminity provision shall become applicable.
XV. CONFLICT OF INTEREST
A. CONSULTANT covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with this Agreement
95- 237
has any personal financial interests, direct or indirect, with CITY.
CONSULTANT further covenants that, in the performance of this Agreement, no
person having such conflicting interest shall be employed. Any such interests
on the part of CONSULTANT or its employees, must be disclosed in writing to
CITY.
B. CONSULTANT is aware of the conflict of interest laws of the City of Miami
(City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County
Code Section 2-11.1) and the State of Florida, and agrees that it shall fully
comply in all respects with the terms of said laws.
XVI. INDEPENDENT CONTRACTOR
CONSULTANT and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of CITY, and shall not attain any
rights or benefits under the Civil Service or Pension Ordinances of CITY, or
any rights generally afforded classified or unclassified employees; further
he/she shall not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of the CITY.
XVII. TERMINATION OF CONTRACT
Both CITY and CONSULTANT retain the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to Section III
hereof without penalty to the CITY or CONSULTANT. In that event, notice of
termination of this Agreement shall be in writing to the CONSULTANT, who shall
be paid for those services performed prior to the date of his/her receipt of
the notice of termination. In no case, however, will CITY pay CONSULTANT an
amount in excess of the total sum provided by this Agreement.
95- 237
so
It is hereby understood by and between City and CONSULTANT that any payment
made in accordance with this Section to CONSULTANT shall be made only if said
CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT
is in default, then CITY shall be obligated to pay for those services provided
and non cancelable obligations incurred prior to the date of default. Payment
shall be made within 45 days of termination notice.
XVIII. NONDISCRIMINATION
CONSULTANT agrees not to discriminate as to race, sex, color, religion
national origin, age, or handicap in connection with its performance under
this Agreement.
Furthermore that no otherwise qualified individual shall, solely by reason of
his/her race, sex, color, religion, national origin, marital status or handicap, be
excluded from the participation in, be denied benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
XIX. MINORITY PROCUREMENT COMPLIANCE
CONSULTANT acknowledges that he/she has been furnished a copy of Ordinance No.
10538, the Minority Procurement Ordinance of the City Miami, and agrees to comply
with all applicable substantive and procedural provisions therein, including any
amendments thereto.
XX. CONTINGENCY CLAUSE
95- 237
-10-
Funding for this Agreement is contingent on the availability of funds and
continued authorization for program activities and is subject to amendment or
termination due to lack of funds, or authorization, reduction of funds, and/or
change in regulations.
XXI. DEFAULT PROVISION
In the event that CONSULTANT shall fail to comply with each and every terms
and condition of this Agreement or fails to perform any of the terms and
conditions contained herein, then the CITY, at its sole option, upon written
notice to CONSULTANT may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to CONSULTANT by CITY for the
period during which CONSULTANT was in default of the provisions herein
contained, shall be forthwith returned to CITY provided that the CONSULTANT
was given the opportunity to cure such default and fails to do so within
fifteen (15) days of receipt of official notice.
XXII. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and only Agreement of
the parties hereto relating to said contract and correctly sets forth the
rights, duties, and obligations of each to other as of its date. Any prior
agreements, promised,negotiations, or representations not expressly set forth
in thisAgreement are of no force or effect if this Agreement isdetermined by a
court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami,
such provisions, paragraphs, sentences, words or phrases shall be deemed
modified to theextent necessary in order to conform with such laws, or if
-11-
95- 23'7
PAT...
notmodifiable to conform with such laws, the same shall be deemed severable,
and in either event, the remaining terms and provisionof this Agreement shall
remain unmodified and in full force and effect.
XXIII. AMENDMENTS
No amendments to this Agreement shall be binding on either party unless in
writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized, this the day
and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
ATTEST: Florida
By
MATTY HIRAI CESAR H. ODIO
City Clerk City Manager
ATTEST: CONSULTANT:
By
Corporation Secretary (Title)
(Seal)
WITNESSES:
As to CONSULTANT
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
-12-
95- 237
APPROVED AS TO INSURANCE
REQUIREMENTS:
Frank K. Ro Jason,
Deputy Fire Chief
Risk Management Division
APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones III,
City Attorney
-13-
95- 23'7
4.,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and DATE FILE
Member of the City Commission
Resolution Authorizing Professional
suEuecT : Services Agreement for Coconut
Grove Planning (Transportation)
Study: Andres Duany and Elizabeth
FROM Cesar H. Odlo REFERENCESPlater- Zyberk, Inc.
City Manager
ENCLOSUREsAgenda Item: City Commission
Meeting of March 27, 1995
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached
resolution authorizing the City Manager to enter into a Professional Services
Agreement with Andres Duany and Elizabeth Plater-Zyberk, Inc. (DPZ), in an
amount not to exceed $50,000 for professional transportation engineering and
planning pertaining to the completion of the Coconut Grove Planning Study,
commencing in April, 1995, and ending in April, 1996.
BACKGROUND:
By Resolution 93-693, October 21, 1993, the City Commission authorized the
acquisition of professional services, designated the Coconut Grove Planning
Study as a Category B project, approved a Certification Committee and a
Competitive Selection Committee. The Competitive Selection Committee met on
October 17, 1994, interviewed three firms and rated the following team as the
most qualified:
Prime Consultant:
Andres Duany and Elizabeth Plater Zyberk Inc:
Sub Consultants:
Judson and Partners
Savino and Miller Design Studio
Anhinga Design
Carr Smith Associates
Arva Moore Parks
Gibbs Planning Group
By Resolution 94-857 adopted November 17, 1994, upon recommendation by the
City Manager, the Commission instructed the Administration to negotiate with
the first -ranked firm and bring a contract back to the Commission.
As transportation work is an eligible expenditure under a proposed municipal
transportation planning program sponsored by the Metropolitan Planning
Organization (MPO), this contract is proposed separately. Subsequently the
City will apply for reimbursement from the MPO. The source of funds remains
to be identified. Professional transportation and traffic engineering and
a -1- ..
95-- 237
• 6
i1s.,
planning will be accomplished by Carr Smith and Associates, as subconsultants
to DPZ, as described in the scope of services.
Procedurally, the consultants will work with the Coconut Grove community
through an initial charrette. The community will be kept informed and
consulted through a 15 member steering committee, where membership represents
all areas and demographics of Coconut Grove.
For identification of funding sources, a separate companion contract will
include all land use planning studies.
Attachments
N
0