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HomeMy WebLinkAboutR-86-0622RESOLUTION NO. Sf i- C*22'. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND DAVID PLUMMER AND ASSOCIATES, INC., TO PROVIDE NECESSARY PROFESSIONAL AND TECHNICAL SERVICES TO ASSIST IN PREPARATION OF A DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR DEVELOPMENT APPROVAL AND SUBSEQUENT DEVELOPMENT ORDER FOR THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT, USING FUNDS PREVIOUSLY APPROPRIATED TO SOUTHEAST OVERTOWN/PARK WEST. WHEREAS, an Application for Development Approval for Southeast Overtown/Park West as a Development of Regional Impact is needed to meet State of Florida growth management legislation and provisions of the Bayside Pre -development Agreement; and WHEREAS, the preparation of an Application for Development Approval for Southeast Overtown/Park West requires technical and engineering services not available within the staff of the Department of Development; and WHEREAS, the City Commission by Resolution 85-666 approved David Plummer and Associates, Inc., along with its designated subconsultants, as the most qualified firm to provide professional and technical services necessary to assist the City in preparation of a plan and elements of an Application for Development Approval for downtown; and WHEREAS, the Application for Development Approval for Southeast Overtown/Park West must respond to the same questions outlined for the Application for Development Approval for downtown requiring technical and engineering services of the quality to be provided by David Plummer and Associates, Inc; and WHEREAS, a professional services agreement providing for technical and engineering services of the same quality as that for downtown has been negotiated with David Plummer and Associates, Inc., for the Southeast Overtown/Park West Application for Development Approval; and CI?'!C COMMISSION MEETING OF JUL ;A 1986 ESOLUTION NQ. 86-622 WHEREAS, funds previously appropriated to Southeast Overtown/Park West are available to cover the costs of such services; 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 negotiated agreement, in a form acceptable to the City Attorney, between the City of Miami and David Plummer and Associates, Inc., to provide professional and technical services necessary to assist the City in preparation of a Development of Regional Impact Application for Development Approval and subsequent Development Order for Southeast Overtown/Park West, using funds previously appropriated to Southeast Overtown/Park West. Section 2. Funds attocatea ror sucn serv.a.cea Z►►a.Li ►•�� exceed $50,000. PASSED AND ADOPTED this 24 h day of JU,Y � 1986. XAVIER L. SUARE YOR ATTEST: MATZy HIRAI, C TY CLERK PREPARED AND APPROVED BY: I &.0c ROBERT CLERK, DEPUTY CITY ATTORNEY APPROVED AS . t AND CORRECTNESS: 86-622 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission FRweesar H. Odio City Manager UU DATE: J U l 181986 FILE: 17 Consultant Contract with SUBJECT: David Plummer be Assoc. for S.E. Overtown/Park West DRI REFERENCES: City Commission Meeting ENCLOSURES: of July 24, 1986 It is recommended that the Commission approve the attached resolution authorizing the City Manager to execute the negotiated agreement with David Plummer and Associates, Inc., to provide professional and technical services necessary to assist the City in preparation of the Southeast Overtown/Park West DRI, using funds previously allocated to the Southeast Overtown/Park West Redevelopment Project. The Southeast Overtown/Park West Redevelopment Project entails the redevelopment of 200 acres of prime real estate adjacent to the Miami Central Business District for residential and commercial uses. To facilitate the comprehensive redevelopment of this acreage, meet State of Florida growth management legislation and agreements �1 3� relative to the Bayside Project an •Application for Development ;. Approval (ADA) for Ar eawide/ Downtown Development of Regional Impact k (DRI) must be filed for Southeast Overtown/Park West. To this end, the City prepared a draft DRI Application for the Southeast Overtown/Park West Redevelopment Project, with technical assistance from David Plummer and Associates, Inc., in 1984. In December 1984 the draft was reviewed by the South Florida Regional Planning Council (SFRPC) and a 28 page statement on the Application's shortcomings was transmitted back to the City. Prior to the City's response to the SFRPC statement Florida Statutes changed relative to the DRI process. These changes resulted in a new DRI Application being developed by the SFRPC. The revised application means that the City must prepare virtually a new DRI Application for the Southeast Overtown/Park West Redevelopment Project. e CW Honorable Mayor and Members of the City Commission Page 2 On June 9, 1986, a Pre -application Conference was held at the SFRPC to discuss the Southeast Overtown/Park West DRI in light of the new State enabling legislation and SFRPC questionnaire. Upon reviewing the "Agreement To Delete Questions - Downtown/Areawide DRI" it was noted that the ADA for Southeast Overtown/Park West must respond to the same questions outlined for the ADA for Downtown and in many cases the same level of technical detail would be required for both ADAs. Therefore, it would be expeditious to employ the same consultants (David Plummer and Associates, Inc.) already under contract with the City to prepare the ADA for Downtown. On a separate but related matter Council staff stated that as a result of April, 1986 rule -making the initial filing fee for ADAs for Downtown DRIB, such as Southeast Overtown/Park West, has been set at $40,000. Once the Information Adequacy Statement has been issued and responses transmitted back to the SFRPC an additional $10,000 must be tendered for further review. Portions of this $10,000 may be refunded if not exhausted as a result of the second SFRPC staff review. It is requested that the Commission authorize the City Manager to execute the negotiated agreement with David Plummer and Associates, Inc., as the prime technical consultant on the Southeast Overtown/Park West DRI. This firm will be leading a team which consists of the following: Prime consultant: David Plummer and Associates, Inc. Subconsultants: Williams -Russell and Johnson, Inc. (black owned minority firm) Bermello, Kurki and Vera, Inc. (latin owned minority firm) The attached scope of services which responds to the SFRPC Application for Development Approval Questionnaire involves a comprehensive impact analysis and implementation program for environmental and public facilities needs, such as air quality, water quality, drainage, solid waste, and transportation improvements. This project requires technical and engineering services not available within the staff of the Department of Development. The consultants will be expected to complete their work by approximately October 1, 1986. An explanation of the fee for professional services and the tasks required for the project accompany the agreement. 86- 622 Honorable Mayor and Members of the City Commission Page 2 On June 9, 1986, a Pre -application Conference was held at the SFRPC to discuss the Southeast Overtown/Park West DRI in light of the new State enabling legislation and SFRPC questionnaire. Upon reviewing the "Agreement To Delete Questions - Downtown/Areawide DRI" it was noted that the ADA for Southeast Overtown/Park West must respond to the same questions outlined for the ADA for Downtown and in many cases the same level of technical detail would be required for both ADAs. Therefore, it would be expeditious to employ the same consults w(t elCitylummer and to prepare the Associates, Downtown.already under contract with On a separate but related matter Council staff stated that as a result of April, 1986 rule -making the initial filing fee for ADAs for Downtown DRIB, such as Southeast Overtown/Park West, has been set at $40,000. Once the Information Adequacy Statement has been issued and responses transmitted back to the SFRPC an additional $10,000 must be be tendered for ofurther review. Portions of his d /000 C astaff refunded if not exhausted as a result of thesecond SFRP review. It is requested that the Commission authorize the City Manager to execute the negotiated agreement with David Plummer and Associates, Inc., as the prime technical consultant on the Southeast Overtown/Park West DRI. This firm will be leading a team which consists of the following: Prime consultant: David Plummer and Associates, Inc. Subconsultants: Williams -Russell and Johnson, Inc. (black owned minority firm) Bermello, Kurki and Vera, Inc. (latin owned minority firm) The attached scope of services which responds to the SFRPC Application for Development Approval Questionnaire involves a comprehensive impact analysis and implementation program for environmental and public facilities needs, such as air quality, water quality, drainage, solid waste, and transportation improvements. This project requires technical and engineering services The available within the staff of the Department of Development. consultants will be expected to complete their work by approximately October 1, 1986. An explanation of the fee for professional services and the tasks required for the project accompany the agreement. 86-622 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of 0 1986, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and David Plummer & Associates, Inc. hereinafter referred to as "CONSULTANT". R E C I T A L S: WHEREAS, the City Commission passed and adopted Resolution , on , authorizing the City Manager to execute the negotiated agreement, in a form acceptable to the City Attorney, between the City of Miami and David Plummer and Associates, Inc. to provide necessary professional and technical services to assist in the preparation of a Development of Regional Impact Application for Development Approval for the Southeast Overtown Park/West Redevelopment Project and subsequent Development Order using funds previously allocated to Southeast Overtown/Park West. WHEREAS, the CONSULTANT holds the academic and professional qualifications required for these services; and WHEREAS, the CONSULTANT is capable and desirous of perform- ing such services and other allied tasks as might be desired by the CITY: NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and condi- tions hereinafter stated, the parties herdto understand and agree as follows: I. TERM The term of this Agreement shall be from through • sG--6221 II. SCOPE OF SERVICES A. CONSULTANT RESPONSIBILITIES CONSULTANT will be under the general supervision of the Deputy Director of the Department of Development and direct supervision of the Project Manager appointed by the Deputy Director. The Detailed Scope of Services for the CONSULTANT and each of the subconsultants are shown on Exhibit A-1, A-2, A-3 and A-4. The questions that are the responsibility of the CONSULTANT are listed below. Question 4 - Air Quality Question 5 - Water Quality/Drainage (Excluding Questions 5.A.1) Question 7 - Flood Prone Areas Question 8 - Vegetation & Wildlife Question 11 - Transportation Question 12.A - Wastewater, Water, and Solid Waste (Excluding Question 12.A for Waste Water & Water) Question 12.0 - Energy Generally, the CONSULTANT will be responsible for preparing specific elements of the Southeast Overtown/Park West Development Regional Impact (DRI) Application for Development Approval (ADA) including data gathering, technical responses, report preparation, report assembly and attendance at meeting. 1. Technical Responses The technical services provided by the CONSULTANT are responses to the questions defined in the South Florida Application for Development Approval Questionnaire for Downtown/Areawide DRI's and as modified in the Agreement to Delete Questions both of which are instruments of the South Florida Regional Planning Council (hereinafter referred to as SFRPL) (Appendix A. 8G- 622 2. Maps and Graphics The report maps and graphics required in the South Florida Application for Development Approval Questionnaire for Downtown/Areawide DRI's to support these responses will be provided in reproducible form at 24" x 36" and S 1/ 2" x 11. One copy of each of the large scale (24" x 36") maps and graphics will be mounted for display purposes. All graphics provided by the CONSULTANT will be reproducible in a black and white format. The maps and graphics that are the responsibility of the CONSULTANT are listed below. 3. Map C - Flood Prone Areas Map E - Soils Map Map F - Vegetation Areas Map G - Drainage Map (Proposed) Map I - Existing and Proposed Public Facilities (Public Transit, Solid Waste Disposal, Electric and Gas). Map J - Traffic Impact Area Resolution and Ordinances Guidelines Included within the CONSULTANTS technical responses will be guidelines for supporting resolutions and ordinances required to implement recommendations. The CITY will then draft these resolutions and ordinances. 4. Supplemental Information All supplemental information requested in the adequacy statement dealing with explanations and clarifications of information and data provided in the original Technical Response for the South Florida Application for Development Approval Questionnaire for Downtown/Areawide DRI's is included in this scope of services. SG-62Z, 5. Meetings CONSULTANT will be responsible for attending meetings, up to the maximum number of man hours identified in Exhibits A-1, A-2, A-3 and A-4. 6. The CONSULTANT will provide the CITY the agreed upon camera ready formats for technical responses, maps and graphics. 7. The CONSULTANT will assemble and proof read the camera ready technical responses including all maps and graphics for all Questions, including those prepared by the CITY. S. The CONSULTANT, after assembling both the CONSULTANT'S and CITY'S response, will return these materials to the CITY for printing of the Draft Report and then the Final Report. 9. The CONSULTANT will provide the CITY the location and time frames for all AM and PM peak hour manual vehicle turning movement counts and all automatic machine counts. 10. Project Schedule: The CONSULTANT will undertake and complete the services described above on the following schedule. Technical Phase Delivery Field Surveys 30 days from Notice to Proceed ADA Submittal to City 90 days from Notice to Proceed ADA Submittal to SFRPC 30 days from City approval of ADA Final ADA 30 days from City approval of (Final Report) Development Order. t 8f 22 B. CITY RESPONSIBILITIES 1. The CITY will be responsible for preparing the following technical responses and supporting graphics defined in the South Florida Application for Development Approval Questionnaire for Downtown/Areawide DRI's and as modified in the Agreement to Delete Questions both of which are instruments of the SFRPC (Appendix A Preparation of technical responses will follow the guidelines established in the agreement between the CITY, the Downtown Development Authority and the SFRPC (Appendix A). Question 1. Application Information Question 2. The following Maps and Graphics A - General Location Map B - Recent Dated Aerial Photo D - Generalized Land Use Maps G - Drainage Map (Existing) H - Master Development Plan I - Existing and Proposed Public Facilities (Sewage, Water Supply, Fire Protection, Hospital, Police, Emergency Medical, etc.) Question 3. Project Description Question 5.A.1 Water Quality/Drainage - Existing Conditions Question 9. Historical and Archeological Sites Question 10. Employment and Economic Characteristics Question 12.A.1 Other Public Facilities-Wastwater & Water only Question 12.B Health Care, Police and Fire Question 12.D Education Question 12.E Recreation Question 13. Housing 2. The CITY will provide the CONSULTANT with all AM and PM peak hour manual vehicle turning movement counts and all automatic machine counts within the traffic impact area defined by the SFRPC. 86-•622 ram- 3. The CITY will be responsible for delivery to the CONSULTANTS, in camera ready form, the technical ' responses and supporting maps and graphics, identified above. 4. The CITY will provide the binders and dividers as required by the SFRPC. 5. The CITY will be responsible for assembling the appropriate number of copies of the Draft Report and Final Report and delivery of these reports to the SFRPC and all other governmental agencies. 6. The Scope of Services and corresponding lump sum fees are based on the delivery to the CONSULTANT, by the CITY, of the items listed on Exhibit C. These items shall be delivered within 30 days of the Notice to Proceed. III. COMPENSATION AND FEE SCHEDULE A. The CITY shall pay the CONSULTANT, as maximum compensa- tion for the services described herein, a fee of . The proportioning of that fee between the CONSULTANT and subconsultants is shown on Exhibit B. B. follows: Such compensation shall be paid on a lump sum basis as Contract Execution..............................10% Completion of Field Surveys and Analyses ......... 20% ADASubmittal to the City........................40% ADA Submittal to SFRPC (Draft Report) ...•.••••••.20% Development Order.................................5% Final ADA (Final Report) ....................... 5% 001 % 86-M622', C. CITY shall have the right to review and audit the time records and related records and related records of CONSULTANT pertaining to any payment by the CITY. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordi- nances and codes of federal, state and local governments. V. 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 service, 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 CONSULTANT P.O. Box 330708 4225 Salzedo Street Miami, Florida Coral Gables, Florida 33233-0708 331461 B. Title and paragraph headings are for convenient refere nce 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 or any provision hereof, and no waiver shall be effective unless made in writing. 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, 86-f 22• M1 T Jt 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 T- force and effect. VI. OWNERSHIP OF DOCUMENTS f' All documents developed by the CONSULTANT under this Agreement, shall be delivered to the CITY by said CONSULTANT upon com- -' pletion of the services required pursuant to paragraph II hereof and shall become the property of the CITY, without restriction or limitation on their use. The CONSULTANT agrees that all docu- ments maintained and generated pursuant to this contractual rela- ;r tionship between the CITY and CONSULTANT shall be subject to all a provisions of the Public Records Law, Chapter 119, Florida Statutes. w It is further understood by and between the parties that any x, documents or objects which are given by the CITY to the CONSULT- ,-. 1� roj ANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the written consent of the - CITY. yII. NON-DELEGABILITY The obligations undertaken by the CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person } or firm unless the CITY shall first consent in writing to the performance or assignment of such services or any part thereof by -_ another person or firm. e Notwithstanding the above, CITY understands that CONSULTANT will employ the services of three subconsultants, namely Bermello, Kurki and Vera, Inc., William-Rus%ell and Johnson, Inc., and - — Environmental Engineering Consultants, Inc. Furthermore, CONSULTANT shall be solely responsible for its subconsultants. SC- 622. AMN VIII. AUDIT RIGHTS City reserves the right to audit the records of CONSULTANT at anyu time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. IX, AWARD OF AGREEMENT The CONSULTANT warrants that it has not not employed or retained any person employed by the CITY to solicit or secure this Agree- ment and that it has not of fered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION The CONSULTANT shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the CONSULTANT's activities under this Agreement, including all other acts or omissions to act of the CONSULTANT, including any person acting for or on its behalf, and from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or the investigation thereof. XIII. CONFLICT OF INTEREST A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct, with City. 19C-97-?1 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. The 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 will fully comply in all respects with the terms of said laws. XIV. INDEPENDENT CONTRACTOR The CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights gener- ally afforded classified or unclassified employees; furthermore, its agents or employees shall not be deemed entitled to the Flor- ida Workers' Compensation benefits as an employee of the CITY. XV. TERMINATION OF AGREEMENT The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph II hereof without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writ- ing to the CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of ter- mination. in no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance with this Section to the CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If the CONSULTANT is in default, then tl}e CITY shall in no way be obligated and shall ' not pay to the CONSULTANT any sum whatsoever. SC-622 XVI. NONDISCRIMINATION The CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, age, national origin, 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. XVII. MINORITY PROCUREMENT COMPLIANCE The CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. XVIII. CONTINGENCY CLAUSE 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. XIX. DEFAULT PROVISION In the event that the CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the CITY, at its sole option and upon written notice to the CON- SULTANT, may cancel and terminate this Agreement, and all pay- ments, advances, or other compensation paid to the CONSULTANT by the CITY while the CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to the CITY. XX. ENTIRE AGREEMENT: This instrument and its exhibits and appendices' constitute the sole and only Agreement of the parties hereto and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect, 86- 622 0 XXI. 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 day and year first above written. ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida By MATTY HIRAI CESAR H. ODIO City Clerk City Manager ATTEST: CONSULTANT: DAVID PLUMMER & ASSOCIATES, INCORPORATED By (TITLE) Corporate Secretary (SEAL) WITNESSES: As to CONSULTANT is not a (NOTE: If Corporation, two witnesses must sign.) APPROVED AS TO'INSURANCE APPROVED AS TO REQUIREMENTS: FORM AND CORRECTNESS: VISION -OF RISK MANAGEMENT LUCIA A. DOUGH City Attorney "'F'72:.