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HomeMy WebLinkAboutR-86-0142J-86-_7�- 01/ 30/86 a RESOLUTION NO. 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 DOWNTOWN PLAN AND DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR DEVELOPMENT APPROVAL AND SUBSEQUENT DEVELOPMENT ORDER, USING PREVIOUSLY ALLOCATED FUNDS TO COVER THE COST OF SUCH SERVICES. WHEREAS, by Resolution No. 85-208, dated February 28, 1985, the City Commission authorized procedures necessary to obtain professional services to assist in the preparation of a comprehensive Downtown Development Plan and an Application for Development Approval for downtown as a Development of Regional Impact; and WHEREAS, the City, through public advertisement and direct mailing, solicited expressions of interest from qualified consultants; and WHEREAS, the Consultant Competitive Selection Committee along with the x Certification Committee, evaluated the qualifications of those who responded to r the City's Request for Proposals, and selected the firms most qualified to provide professional and technical services necessary to assist the City in preparation of a downtown plan and Development of Regional Impact analysis, all in accordance with the State of Florida's Consultant Competitive Negotiations Act, enacted by the Legislature of Florida, July 1, 1973, and by the City of Miami Ordinance #8965, July 23, 1979; and WHEREAS, the City Commission by Resolution 85-666 on June 20, 1985, approved the Consultant Competitive Selection Committee's recommendation of the firm most qualified to provide, along with its designated subconsultants, professional and technical services necessary to assist the City in preparation of a downtown plan and Development of Regional Impact analysis, and authorized the City Manager to negotiate a professional services agreement with David Plummer and Associates, Inc.; and WHEREAS, the Agreement, in a form acceptable to the City Attorney, between the City of Miami and David Plummer and Associates, Inc. was negotiated in a fair and reasonable manner; and N COMMISSION MEETING OF FEB Is 1986 KIN ma. 8 6 — 14 EMARKS. _ - k I WHEREAS, the fee of recommended for consultant services to assist in preparation of a downtown plan and Development of Regional Impact analysis has been budgeted within the total amount of $365,000 earmarked from Special Programs and Accounts to cover project costs during FY '85-'86; 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 downtown plan and Development of Regional Impact Application for Development Approval and subsequent Development Order, using previously allocated funds to cover the cost of such services. PASSED AND ADOPTED this 13th day of PEBRUARY 1986. A4-KOt. MATTY HIRAI, CITY GMT — PREPARED AND APPROVED BY: i ASSISTANT CITY ATTORNEY - 2- APPROVED AS TO FORM AND CORRE5TNESS : CITY ATTORNEY -6b"1 42 .41, it CITY OF MIAM1. FLORIDA CITY COMMISSION ACTION INTER -OFFICE MEMORANDUM 1 ! TO. Cesar He Odio DATE: January 24, 1986 FILE: City Manager SUBJECT: Consultant Contract with David Plummer & Assoc. for • Downtown Plan/DRI fROM1 Rodriguez, Director REFERENCESAgenda Item for City Commission anning Department ENCLOSURES: Meeting of February 13, 1986 Attached for your signature is a memorandum to the City Commission recommending approval of the consultant contract with David Plummer and Associates for preparation of the Downtown Plan/DRI. Due to extended negotiations with the staff of the South Florida Regional Planning Council concerning the approach and scope of the Downtown DRI, the scope of services for the consultant could not be detailed until very recently. We are now in the final stages of contract negotiation with the consultants, and expect to forward the proposed contract to you within a week. It is crucial that this contract be approved as soon as possible so that the consultants can complete their work in time for the DRI submission deadline of June 28, 1986. Approximately $230,000 is available for the David Plummer & Associates contract in the overall Downtown Plan/DRI project account, which has already been allocated from Special Programs and Accounts. SR/JAM/td Attachment C 4 Ln R v� 3 • 6,86-1• r CITY COMMISSION ACTION CITY OF MIAM1, FLORIOA INTER -OFFICE MEMORANDUM TO. Cesar H. Odio City Manager FROM Rodriguez, Director anning Department DATE: January 24, 1986 FILE: SUBJECT! Consultant Contract with David Plummer b Assoc. for Downtown Plan/DRI REFEREN`ES'Agenda Item for City Commission ENCLOSURES: Meeting of February 13, 1986 Attached for your signature is a memorandum to the City Commission recommending approval of the consultant contract with David Plummer and Associates for preparation of the Downtown Plan/DRI. Due to extended negotiations with the staff of the South Florida Regional Planning Council concerning the approach and scope of the Downtown DRI, the scope of services for the consultant could not be detailed until very recently. We are now in the final stages of contract negotiation with the consultants, and expect to forward the proposed contract to you within a week. It is crucial that this contract be approved as soon as possible so that the consultants can complete their work in time for the DRI submission deadline of June 28, 1986. Approximately $230,000 is available for the David Plummer b Associates contract in the overall Downtown Plan/DRI project account, which has already been allocated from Special Programs and Accounts. SR/JAM/td Attachment iV Ln v� Z •' S-- }. CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM: Cesar H. Odi o City Manager I OATE: FILE: SUBJECT Agenda Item , City Commiss o Meeting of February 13, 1986 REFERENCES- Consultant Contract with David Plummer 6M Assoc. for ENCLOSURES Downtown Plan/DRI It is recommended that the Commission approve the attached resolution authorizing the City Manager to execute the negotiated agreement wi av� ummer and AssociaFe-s-M—c. o provide professional and technicalservices necessary to assist the City in preparation of the Downtown Plan/DRI, using previously allocated funds to cover the cost of suc services. On June 20, 1985, the City Commission adopted Resolution No. 85-666 approving the Manager's recommendation to select David Plummer and Associates as the prime technical consultant on the Downtown DRI and master plan project. 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) 8ermello, Kurki, and Vera, Inc. (latin owned minority firm) Since July, the City and DDA have been negotiating with staff of the South Florida Regional Planning Council to determine the approach and methodology to be used in the DRI process. The resulting scope of services for the consultant 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 DDA and the Planning Department. s The consultants will be expected to complete their technical analysis by approximately June 1, 1986; whereafter, the findings and recommendations will be presented to. the City Commission and other affected interest groups to determine any policy and regulatory changes that will be incorporated into the DRI application. The DRI Application for Development Approval is due to be completed by the consultants and to be submitted to the South Florida Regional Planning Council before June 28, 1986. The consultants will then assist with responding to any questions during the application review period and assist the city staff to draft the Development Order. Public hearings on the Development Order are expected to take place in late 1986 or early 1987. Page 1 of 2 Honorable Mayor and Members of the City Commission An explanation of the fee for professional services and the tasks required for the project accompany the agreement. Funding for the entire project has been previously allocated from Special Programs and Accounts, and intended to be repaid to the City through fees on permits for new development within the project area. CHO/SR Page 2 of 2 k "1 66-142 Q r Miami DRI - #5151 February 5, 1986 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of 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". RECITAL: t WHEREAS, the City is desirous of securing professional services. i for the preparation of the Development of Regional Impact Application for Development Approval for Downtown Miami, which will be rendered by the CONSULTANT; and i i WHEREAS, the City Commission passed and adopted Resolution on , authorizing the City Manager to execute the negotiated agreement, in a form acceptable to the s City Attorney, between the City of Miami and David Plummer and I Associates, Inc. to provide necessary professional and technical services to assist in the preparation of a Downtown Plan and Development of Regional Impact Application for Development Approval and subsequent Development Order using previously allocated funds to cover the cost of such services; and WHEREAS, the CONSULTANT holds the academic and professional qualifications required for these services; and WHEREAS, the CONSULTANT is capable and desirous of performing such services and other allied tasks as might be desired by the CITY; and WHEREAS, the CONSULTANT is desirous of retaining Bermello, Kurki & Vera, Inc., Williams -Russell & Johnson, Inc., and Environmental Engineering Consultants, Inc. as subconsultants; and I .86-142 f r WHEREAS, this professional services agreement consists of this instrument as well as Exhibits Al, A2, A3, A4, B and C and Appen- dix A NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, and subject to the terms and i conditions hereinafter stated, the parties hereto understand and agree as follows: T TFRM• The term of this Agreement shall be from February 13, 1986 through July 30, 1987. II. SCOPE OF SERVICES: A. CONSULTANT RESPONSIBILITIES 3 CONSULTANT will be under the general supervision of the Director a i of Planning and the direct supervision of the Project Manager c appointed by the Planning Director. The detailed Scope of Services for the CONSULTANT and each of the subconsultants are shown on Exhibits 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 Question 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.1 for Waste Water & Water) Question 12.0 - Energy Generally, the CONSULTANT will be responsible for preparing specific elements of the Downtown Miami Development of Regional t is Impact (DRI) Application for Development Approval (ADA) including 2 b 8 6 1 data gathering, technical responses, report preparation, report 3 assembly and attendance at meetings. The CONSULTANT'S responsibilities in the Downtown Plan is to make available to the CITY, upon request, any information developed as part of the Application for Development Approval for the CITY'S use in developing a Downtown Plan. 1. Technical Responses The technical services provided by the CONSULTANT are res- ponses 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. Preparation of technical responses will t follow the guidelines established in the agreement between the CITY, the Downtown Development Authority and the South i Florida Regional Planning Council (hereinafter referred to a 3 3 as SFRPC) (Appendix A). f 3 2. Maps and Graphics The report maps and graphics required in the South Florida Y Application for Development Approval Questionnaire for t Downtown/Areawide DRI's to support these responses will be provided in reproducible form at 24" x 36" and 8}" 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. 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 3 086..14)� 3. Resolutions and Ordinances Guidelines Included within the CONSULTANTS technical responses will be guidelines for supporting resolutions and ordinances re- quired 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. 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. B. The CONSULTANT, after assembling both the CONSULTANT'S and CITY's responses, will return these materials to the CITY for printing of the Draft Report and then the Final Report. 9. The CONSULTANT shall 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 based on the following schedule. 4 S'. M86- I4� f Technical Phase Field Surveys ADA Submittal to City ADA Submittal to SFRPC (Draft Report) Final ADA (Final Report) B. CITY RESPONSIBILITIES: 51 Delivery 30 days from Notice to Proceed 90 days from Notice to Proceed 30 days from City approval of ADA 30 days from City approval of Development Order. 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. 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 Archaeological Sites Question 10. Employment and Economic Characteristics Question 12.A.1 Other Public Facilities - Wastewater and Water only. Question 12.B. Health Care, Police and Fire Question 12.D. Education Question 12.E. Recreation Question 13. Housing 5 86-142 f r: Technical Phase Delivery Field Surveys 30 days from [Notice to Proceed 1 ADA Submittal to City 90 days from Notice to Proceed ADA Submittal to SFRPC 30 days from City approval of ADA s (Draft Report) Final ADA 30 days from City approval of (Final Report) Development Order. i 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. Preparation of technical responses will follow the guidelines established in the agreement between the CITY, the Downtown Development Authority and the SFRPC (Appendix A). `s Question 1. Application Information t 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) r 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 Archaeological Sites Question 10. Employment and Economic Characteristics Question 12.A.1 Other Public Facilities - Wastewater and Water only. Question 12.B. Health Care, Police and Fire Question 12.D. Education Question 12.E. Recreation Question 13. Housing 5 86-142 W f 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 i defined by the SFRPC. s 3. The CITY will establish a Technical Committee which will be responsible for providing technical input to the CONSULTANT and reviewing the Technical responses prepared by the CONSULTANT. 4. The CITY will be responsible for delivery to the CON- SULTANTS, in camera ready form, the technical responses and supporting maps and graphics, identified above. 5. The CITY will provide the binders and dividers as required by the SFRPC. 6. 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. 7. 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. CITY shall pay CONSULTANT, as maximum compensation for the services described herein, a fee of $229,000.00. The proportioning of that fee between the CONSULTANT and subconsultants is shown on Exhibit B. B. Such compensation shall be paid on a lump sum basis v' as follows: 14, t E 6 &86-1¢2 r f Contract Execution ...........................10% Completion of Field Surveys and Analyses ..... 20% ADA Submittal to the City....................40% ADA Submittal to SFRPC (Draft Report) ........ 20% Development Order .............................5% Final ADA (Final Report)......................5% 100% C. CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payments by the CITY. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. V. GENERAL CONDITIONS: b 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 addresses indicated herein or as 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 33146 B. Title and paragraph 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. 7 w 86- 1 42 D. No waiver or breach of any provision of this Agree- ment shall constitute a waiver of any subsequent a breach of the same or any other 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, 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 unmodi- fied and in full force and effect. VI. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to Paragraph II (Scope of Services) hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that � g at all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. 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 to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. y.. E. 86-142 r" F VII. NONDELEGABILITY: That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. Notwithstanding the above, CITY understands that CONSULTANT will employ the services of three subconsultants, namely Bermello, Kurki and Vera, Inc., Williams -Russell and Johnson, Inc. and Environmental Engineering Consultants, Inc. Furthermore, CONSULTANT shall be solely responsible for its subconsultants. VIII. 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. IX. AWARD OF AGREEMENT: CONSULTANT warrants that it 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 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: CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of 01 w, 86-14),> A r action which may arise out of CONSULTANT's activities under this Agreement, including all other acts or omissions to act on the part of 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, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation. XIII. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsi- bilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the per - formance of this Agreement, no person having such con- flicting 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 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 is shall fully comply in all respects with the terms of said laws. XIV. 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 CITY. 10 86 a 1 4 2 e .t f action which may arise out of CONSULTANT's activities under this Agreement, including all other acts or omissions to act on the part of 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, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation. XIII. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsi- bilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the per- formance of this Agreement, no person having such con- flicting 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 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 is shall fully comply in all respects with the terms of said laws. XIV. 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 CITY. 10 86"142 XV. TERMINATION OF CONTRACT: 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 CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its 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. 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 in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVI. NONDISCRIMINATION: The CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its execution of professional services. Furthermore that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, 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: CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 9775, the Minority 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 11 86' 142 +Q7i t9 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 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, 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 while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to 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 assessments, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. XXI. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 12 186_1 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. Attest: RALPH G. ONGIE CITY CLERK ATTEST: Corporation Secretary WITNESSES: As to CONSULTANT (NOTE: If CONSULTANT is not a Corporation, two witnesses must sign.) APPROVED AS TO INSURANCE REQUIREMENTS: DEPARTMENT OF RISK MANAGEMENT CITY OF MIAMI, a municipal Corporation of the State of Florida By: CESAR ODIO CITY MANAGER CONSULTANT: DAVID PLUMMER & ASSOCIATES, INC. By: Tit e (Seal) APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY CITY ATTORNEY 13 ►86-1421 APPENDIX A Agreement between the City of Miami, the City of Miami Downtown Development Authority and the South Florida Regional Planning Council. This Agreement also includes: Exhibit A - The Downtown Area Exhibit B - Predevelopment Agreement Exhibit C - South Florida Application for Development Approval Questionnaire for Downtown/Areawide DRI's. OF $6- 1 42 Ftnaor, /30/iF(v APPENDIX A AGREEMENT This Agreement is made and entered into this day of 1985, between the City of Miami, a municipal corporation (hereinafter "the CITY"), the City of Miami Downtown Development Authority, .an authority created pursuant to Chapter 65-1090 of the general laws of the State of Florida and Section 14-25 of the City of Miami Code (hereinafter "the AUTHORITY") and the South Florida Regional Planning Council (hereinafter "the SFRPC")* WITNESSETH; WHEREAS, in anticipation of the economic stimulation of downtown Miami which should result from construction of the Bayside Specialty Center and the Bayfront Park Redevelopment Project, the AUTHORITY is prepared to submit an Application for 5 Development Approval ("ADA") for a City of Miami Downtown DRI pursuant to Section 380.06(22), F.S.(1985); and Y NOW, THEREFORE, the SFRPC, the CITY and AUTHORITY find this Agreement reasonably applies and effectuates the provisions and intent of Chapter 380 F.S. In consideration of the promises and ` mutual obligations herein contained, and subject to the terms and conditions hereinafter stated, the CITY, the AUTHORITY, and the SFRPC understand and agree as follows: AA-1 f ILI TERM: The term of this Agreement shall run indefinitely from the date of its execution and acknowledgment by the last party to sign it, unless otherwise terminated by the parties. II GENERAL CONDITIONS: A. Title and .paragraph headings are for convenient reference and are not a part of this Agreement. B. In the event of conflict between the terms of this Agreement and any terms or conditions contained in Exhibits A, B and C, the terms in this Agreement shall rule, unless otherwise stated. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. This Agreement shall be construed and enforced according to the laws of the State of Florida. E. This Agreement shall be binding upon the parties herein, their legal representatives, successors, and .assigns. F. Amendment and revision of this Agreement must be in writing and executed by all parties to this Agreement, their successors, assigns, or legal representatives. AA-2 11 0 V L ~ 1 i ,2 G. All parties shall comply with all applicable laws, } ordinances and codes of Federal, State and Local Governments. III SCOPE OF AGREEMENT: A. The AUTHORITY intends to submit an ADA for a Downtown DRI covering the area shown on Exhibit A attached hereto and incorporated herein by reference (hereinafter "the Downtown Area"). Said ADA shall be submitted pursuant to Chapter 380 Florida Statutes and the terms and conditions contained in the "Predevelopment Agreement" between the CITY, the AUTHORITY, and DCA (attached as Exhibit B) and shall consider the improved Bayfront Park pursuant to the Bayfront Park Redevelopment Project, Bayside Specialty Center and the Parking Garage as committed development. S. This Agreement does not commit the CITY and AUTHORITY to filing a Downtown ADA, and only establishes an understanding for the parties to follow in the event that the CITY and AUTHORITY in fact prepare an ADA. C. The ADA will be filed by the AUTHORITY under Section 380.06(22) F.S.(1985) DOWNTOWN DEVELOPMENT AUTHORITIES. D. Project Boundaries. The project area will include the entire area within the Downtown Development Authority boundaries with the exception of the area that is also within the boundaries of the Southeast Overtown/Park West Redevelopment area. (See Exhibit A). Impacts AA-3 I 86_142 -1 �r of the Southeast Overtown/Park test Project will be incorporated � into the ADA in the form of a committed development. E. Analysis Increments. The data will be provided for 5, 10, and 20 year increments. Emphasis will be placed on impacts and infrastructure needs for the first 5 year increment. The 10 and 20 year increments are viewed primarily as genbral long range planning tools that will require more detailed evaluation at a future date. F. Land Use Categories. The land use categories and units of measure will be as follows: 1. gross sq. ft. retail floor area i 2. gross sq. ft. office floor area 3. gross sq. ft. service/institutional floor area 4. gross sq. ft. wholesale/industrial floor area 5. number of hotel rooms 6. number of residential units by type 7. number of seats and gross square footage in attractions and recreation facilities S. Marina wet and dry slips 9. Convention/Exhibition gross floor area and seating G. Sub -Areas. The analysis will be conducted, where appropriate, for three r sub -areas within the project boundaries: Brickell, Central AA-4 of the Southeast Overtown/Park test Project will be incorporated � into the ADA in the form of a committed development. E. Analysis Increments. The data will be provided for 5, 10, and 20 year increments. Emphasis will be placed on impacts and infrastructure needs for the first 5 year increment. The 10 and 20 year increments are viewed primarily as genbral long range planning tools that will require more detailed evaluation at a future date. F. Land Use Categories. The land use categories and units of measure will be as follows: 1. gross sq. ft. retail floor area i 2. gross sq. ft. office floor area 3. gross sq. ft. service/institutional floor area 4. gross sq. ft. wholesale/industrial floor area 5. number of hotel rooms 6. number of residential units by type 7. number of seats and gross square footage in attractions and recreation facilities S. Marina wet and dry slips 9. Convention/Exhibition gross floor area and seating G. Sub -Areas. The analysis will be conducted, where appropriate, for three r sub -areas within the project boundaries: Brickell, Central AA-4 Business District, and Omni as shown in Exhibit A. It will also include the impacts from a fourth sub -area, the Southeast Overtown Park West project area, which will be analyzed in a separate DRI application and treated as a committed development project within the downtown -wide DRI. H. Life Span of D.O. The downtown -wide development Order will be modeled after the Master Development Plan guidelines described in Florida Statutes, Section 380.06(20) F.S. (1985). The first increment of development will be based upon the capacity to support new development with infrastructure improvements planned for the first 5 years. In the event that buildout of the amount of development approved in the D.O. extends beyond five years, the D.O. will remain in effect until such development is constructed, but no longer than an additional five years beyond the initial increment pursuant to the substantial deviation provision of Section 380.06(19)(c)F.S.(1985). The Development Order will specify research needed to monitor generation and use rates as well as aspects of the ADA that will have to be updated in order to extend the Development Order and proceed into the next phase of the Master Development Plan. I. Interim Development. Individual DRI-scale projects seeking development approval will be processed under existing DRI procedures until Downtown Development Order is issued. It is intended that all subsequent 0'86_14 r; s 3 developments in excess of 10,000 gross square feet, which have i not filed individual ADA9, will be governed by the Downtown t Development Order. J. Existing Development Orders (D.O.'s). Individual projects having Development Orders prior to , execution of the Downtown Development Order will have whatever vested rights are granted in their D.O.'s as long as those D.O.'s remain in effect. K. Infrastructure "Capacity Banks". The ADA will specify an approvable amount of development in terms of the land use categories listed in Article III Paragraph F (above), and will appear in a table similar to Table 3.1 of the. Questionnaire attached as Exhibit C. This approvable quantity of development will be derived from a series of "infrastructure 1 capacity banks" for such measures as trips, gallons of water, gallons of wastewater, and other necessary facilities/services. Two types of infrastructure capacity accounts will be established as follows: 1. Planning account -Debited when Major Use Special Permit or building permit is issued. +Credited when infrastructure improvement is "Committed," as defined in Article III Paragraph N (below). AA-6 ip86-140 2. Monitoring account -Debited when space is occupied by tenants or uses +Credited when infrastructure improvement is opened for service The land use mix specified in the ADA can be modified by converting one land use to another, provided that such conversion does not exceed available credits in the infrastructure capacity accounts. L. Infrastructure Credits. All development or redevelopment that results in a net increase of more than 10,000 sq. ft. of gross floor area will be assigned "Infrastructure Credits" from the infrastructure capacity bank. Such Infrastructure Credits will be reserved for an individual project at the time of approval of a Major Use Special Permit or (in the case of smaller projects) at the time of issuance of a building permit. If a project does not begin construction within a time period specified in the ADA, its credit reservation will expire and those credits will be available for other projects. Once reserved for an individual project, Infrastructure Credits will run with the land and the specific project that received approval. Thus, if the land is sold, the Credits can be exercised by the new owner, provided that the project plans remain substantially unchanged in terms of impact on infrastructure. These credits shall run with the land and cannot be transferred apart from the land. AA-7 i P 86-14 i i i i i M. Annual Report. The Authority will submit an annual report which includes the status of each infrastructure capacity account, a list of projects and their debits and credits against the infrastructure capacity bank within the previous year and an update on the funding and status of infrastructure improvement projects. The annual report will also include findings from specific studies specified in the Downtown Development Order to test or refine assumptions and projections used in the ADA Examples of such studies are selected traffic counts, auto occupancy, transit ridership, building occupancy, rate of construction, etc. During the first year, the status of the infrastructure capacity bank will be reported semi-annually and, thereafter at any lesser frequency as determined by the SFRPC. N. "Committed" Infrastructure Improvements. Five year Capital Improvement Programs will be used to project additional infrastructure capacity; however, infrastructure improvements will not be credited to the infrastructure capacity bank until officially "committed". "Committed" means having construction funds allocated for the current year in a 5-year capital improvement program, in the case of infrastructure improvements to be made by a public agency. Infrastructure improvements to be funded or constructed by private developers will be considered to be "committed" if their bonding, funding, or construction is required in a Major Use Special Permit, building permit, or plat approval. In such AA-8 86-14 I I cases, certificates of occupancy and any subsequent 'building permits within the specific project will not be issued until the developers) fulfill all such infrastructure improvement responsibilities. O. Public Agency Performance. The objective is to complete infrastructure improvements on or before the date of occupancy of new uses that generate the need for increased infrastructure capacity. However, it is recognized that public improvements occasionally experience unforeseen delays. To minimize the probability of such delays, the analysis will include only those infrastructure improvements that are considered to be assured of commitment during the first 5 years. If a public agency infrastructure improvement is properly "committed", credited to the. infrastructure capacity bank, and Major Use Special Permits or building permits are issued based upon commitment of that infrastructure improvement, then the permitted development will not be subject to suspension of construction or withholding of certificates of occupancy due to failure of a public agency to fulfill a commitment, provided that the provisions of Section 380.06(15)(e)(2)F.S.(1985) are met. O..... If a- delay occurs in the "commitment" of a public agency infrastructure improvement, and there are no available AA- 9 Op 86 - 1 4 1 Development Credits in the bank, the permitting of new development will be suspended in the sub -area that the public agency infrastructure improvement is to serve. Such suspension in permitting may be avoided by one of the following: 1) Find an alternative method of funding or otherwise "committing" the infrastructure improvement(s); 2) Prepare an analysis to show, to the satisfaction of SFRPC and DCA, that the infrastructure improvement is not necessary to serve the needs of the development project(s) seeking permits; or 3) In the event that no alternative funding commitment(s) are available and an analysis cannot be prepared showing that infrastructure improvement(s) are not necessary, conduct a Substantial Deviation determination pursuant to Section 380.06(19) F.S.(1985). P. Level of Service (LOS) The goal for the street system is to maintain level of service (LOS) "D" or better, wherever possible within the limitations of physical, historic, or aesthetic constraints. If a roadway link or intersection projected to drop below LOS "D" is found to be physically, historically, or aesthetically impossible to improve, then the subject roadway link or intersection may be allowed to drop to LOS "E", provided that relevant and feasible management techniques have been applied. Examples of management i techniques that can be used include, but are not limited to the AA-10 10$6- 142 following: street improvements at other locations to divert traffic, flexible work hours, staggered work hours, transit subsidies, and parking restrictions or prohibition. Q. Development Capacity. i Wherever feasible, the CITY will attempt to generate infrastructure capacities as reflected in the planning account, that substantially exceed the capacities necessary to support the projected quantity of development. This "excess" capacity is to i accommodate developments that may seek to reserve development credits for a limited time without actually reaching completion and/or occupancy within the development order phase. During each increment of development, staff of the AUTHORITY, CITY, and SFRPC will review trends in the relationship between the "infrastructure planning account" and the "infrastructure { monitoring account" to find a mutually agreeable formula to account for reserved, but unused development credits. R. Application Questionnaire. In developing the Downtown DRI Application, the parties shall use the questionnaire attached hereto and incorporated herein by reference as Exhibit B. S. Law and Policy Changes This Agreement may be modified to incorporate changes that i t j result from interpretations of a court of competent jurisdiction f, AA-11 0 � �4 and changes in policies adopted by the DCA or the SFRPC as rules Pursuant to Chapter 120 F.S., and statutes that are less restrictive than those contained and reflected in this Agreement. 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: MATTY HIRAI City Clerk WITNESSES: PREPARED AND APPROVED BY: ROBERT N. SECHEN Assistant City Attorney { -rill s AA-12 CITY OF MIAMI, a municipal Corporation of the State of Florida By SERGIO PEREIRA City Manager DOWNTOWN DEVELOPMENT AUTHORITY By ROY KENZIE, Director SOUTH FLORIDA REGIONAL PLANNING COUNCIL By SCOTT COWAN Chairman or 86 42 and changes in policies adopted by the DCA or the SFRPC as rules Pursuant to Chapter 120 F.S., and statutes that are less restrictive than those contained and reflected in this Agreement. 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. CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: By - 14ATTY HIRAI SERGIO PEREIRA City Clerk City Manager WITNESSES: PREPARED AND APPROVED BY: ROBERT N. SECHEN Assistant City Attorney AA-12 DOWNTOWN DEVELOPMENT AUTHORITY By ROY KENZIE, Director SOUTH FLORIDA REGIONAL PLANNING COUNCIL By SCOTT COWAN Chairman O'86`142 4-1 C. APPROVED AS TO Fop, AND CORRECTNESS, LUCID A. RTY City Attorney SAM GO"M SpRpC Legal Counsel RNSla 01/2/9/86 AA-13 t j r __IL L is 19M S TJu j � 7- -COLT_ . , —1 L IA�l •....... Ll L ... J m-w V, :.a ��• y \ X. Ce ?4 W X. --7 m w CITY 7--\ XX ........... .06 ---------- ksw 7r P.. ..... )j6v :+K X- ;.4 X r ul X. r AL r7!j r ls.w .. .... .... ...... . LalLj Exhibit A DOWNTOWN MIAMI DRI BOUNDARY MAP DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARIES AREA TO BE INCLUDED IN DOWNTOWN DRI 7051AAW- I AREA TO BE INCLUDED IN PARK WEST /OVERTOWN DRI g 8 6 -- 1 w86-142 I SOUTH FLORIDA APPLICATION FOR DEVELOPMENT APPROVAL QUESTIONNAIRE FOR DOWNTOWN/AREAWIOE DRIs 1. Application Information A. i, , the undersigned authorized representative of (Applicant) hereby propose to undertake a Development of Regional Impact as defined in Section 380.06, Florida Statutes, and Chapter 27F-2, Florida Administrative Code. In support thereof I submit the following information concerning (name of development) which Information is true and correct to the best of my knowledge. Date Signature of Authorized Representative B. Applicant (name, address, phone). C. Authorized Agent(s), (name, address, phone). D. Attach a legal description of the development site. (Include section, township, and range or subdivision). 2. Include the following maps and graphics, at reduced scale, in the text where referenced. A. A general location map (Map A). B. Recent darted aerial photos of the development area showing any sub -area boundaries. C. A map of the area with any project or sub -area boundaries. Show 100-year flood prone areas (including hurricane flood zones and V-zones) and mejor natural and man-made features (Map C). D. A generalized land use map showing existing uses In the area (use categories in Table 3.1). Show all historical/archaeological sites (Map D). E. A soils map of the area, based on USDA Soil Conservation Service (SCS) published soil surveys (Map E). i; Exhibit C s&: z� 4 a86-142 F. A map showing vegetation (Map F). G. -A map of the area showing existing and proposed general runoff routing, drainage outfalls, canals, and other major drainage features (Map G). H. A master plan for the area showing proposed uses (use categories in Table 12.2), roads, and other significant elements (Map(s) H). I. A map showing existing and proposed public facilities (e.g., sewage, water supply, fire protection, public transit, solid waste disposal, hospitals, police, emergency medical facilities, etc.) that serve the area (Map 1). Show existing and proposed pipeline and transmission lines for water supply, sewage, electric, and gas. J. A map of the existing transportation network within the primary impact area. The primary impact area includes the area and normally extends at least five miles beyond the development boundary; however, this area will be defined in consultation with the Regional Planning Council and clearly delineated on this map. Map J will be the base for transportation maps (Map J). K. Provide display graphics and boards for presentation (consult with Council staff). 3. Project Description A. Provide a brief summary of the proposed development plan and program. B. Complete Table 3.1. TABLE 3.1, EXISTING AND PROJECTED LAND USE AND DEVELCPMENT PHASING Phase A Pnase B Pnase N Land Use 2 i w86-�� C. Describe the relationship of the project to existing zoning, comprehensive plans, and any special regulatory requirements (e.g., Biscayne Bay Aquatic Preserve Act, Shoreline Development Review, Area of Critical State Concern). 4. Air Nal ity A. Describe existing eir quality, monitoring programs, and trends. Include monitor locations, type of equipment used, end pollutants monitored; and specify the effectiveness of existing air quality monitoring programs. Specify whether or not additional development in the area will cause exceedance of air quality standards. include pollutants monitored on a macro level outside the study boundary in the description of existing and future conditions (e.g., ozone monitoring on Virginia Key). Identify any additional actions or facilities needed to properly monitor and abate the impact of existing and proposed development on air quality. F. Specify the structural and operational conditions that should be included in all development orders to minimize air quality impacts; and specify what additional action will be taken, and by whom, if an exceedance(s) of air quality standards occurs. C. Specify regulatory and permitting changes and/or restrictive covenants needed to minimize adverse air quality impacts, ensure that abatement measures described in B are implemented, and ensure that ambient air quality standards are not exceeded. 5. Water Quality/Drainage A. Existing Conditions 1) Describe the composition and quantity of runoff currently being directly discharged to any surface water body or the Biscayne Aquifer. Also, describe any stormwater management and development limitations due to existing soils or hydrologic conditions. 2) Describe the composition and specify the quantity of any non-stormwater discharges to surface water bodies or the Biscayne Aquifer. 3) Complete Table 5.1 (Existing Water Qu ality) and describe the effectiveness of existing water quality monitoring. Specify if existing water quality standards have been exceeded and what programs, if any, are in place to improve existing water quality. Also, specify whether or 3 1086_I 7 9 41. not current water quality can tolerate additional development in the area without exceeding standards. TABLE 5.1: EXISTING WATER a)ALITY Sample Loca+ionI Groundwater 1 N Surface Wa+er 1 N Ou+falls +o Surface water Parameters 1 I Show the site(s) at which sampling/nionitortng has been conducted. B. Plan and Program 1) Specify how the water quality plan will mitigate or eliminate existing adverse impacts from stormwater runoff incorporating some or all of the following: 1) eliminating all direct discharges to surface waters, 2) increasing on -site retention of stormwater, 3) removing pollutants from stormwater runoff through operational measures (e.g., parking lot and street vacuuming) and structural measures (e.g., use of grass swales for runoff retention), and 4) requiring all catch basins to be constructed so that oils and greases are seperated from runoff and pollutants are periodically removed from catch basins for proper disposal. 2) Define a water quality monitoring progrem tnet will adequately monitor the impact of the proposed development plan on surface and ground water quality. 3) Specify what structural and operational conditions are necessary for inclusion in all development orders to minimize water quality impacts; and specify what additional action will be taken, and by whom, if water quality deterioration occurs. r1 4 1 7F- R86- 142 C. Specify regulatory and permitting changes and/or restrictive covenants needed to improve water quality; ensure thef abatement measure described in E.3 above are implemented, and that County and State water quality standards are not 1 violated. r 6. Wetlands If there are wetlands in the area, specify: A. All changes to the wetland areas, and actions that will be i taken to mitigate or minimize impact on wetlands, B. Wetland areas that will be preserved and how they will be preserved, and C. Any changes in regulations, permitting, and restrictive covenants necessary to ensure thet the actions described above will be done. 7. Flood Prone Areas If a development is proposed within the 100-year flood prone area identified by FEMA, specify: A. Flood elevation for the area, and source (e.g., FEMA, County). B. Finished first floor elevations for structures, roads, and parking lots. C. Applicable storm surge elevations for the area and source. D. Changes in regulations and permitting procedures necessary to protect property from flooding and storm surge. S. Vegetation and Wildlife A. Identify existing vegetation in the study area. Specify any plant species located within project boundaries that &re listed as rare, endangered, or threatened. @. Identify wildlife species, including birds, reptiles, amphibians, fish, invertebrates, and mammals, that use the proposed development area. Specify any wildlife species within project boundaries that are listed as rare, endangered, or threatened. C. Specify actions that will be undertaken to mitigate or minimize impact on vegetation and wildlife. 5 &86'142 D. Specify the regulations, permitting procedure, and/or restrictive covenants that will protect significant vegetation and wildlife, and identify any needed changes necessary to properly protect these resources and prevent the introduction of additional undesirable plant or animal species into the area. 9. Historical and Archeological Sites A. Identify and describe each site shown on Map 0. Specify the sites that are listed in or appear to be eligible for listing in the National Register of Historic Places; those sites that have been designated or appear to be eligible for designation under a municipal ordinance; those sites that have been included in a county Historic Survey; those sites identified by the Florida Division of Archives, History, and Records Management; and any sites identified by a county archaeologist. 8. Include a letter from the Florida Division of Archives, History and Records Management, and the county historic preservation office, indicating the completeness of the list. C. Specify actions that will be taken to complete the research necessary to nominate and/or designate the sites listed above. Specify the regulations and permitting procedures needed to protect and encourage the preservation or thorough excavation of the sites listed above. 10. Employment and Economic Characteristics A. Complete Tables 10.1 and 10.2. TABLE 10.1: ESTIMATED CONSTRUCTION COSTS Phase I Land Labor Material Services Total Lend Use Phase II Lend Use Phase N Lend Use i 6 i86.142 TABLE 10.2: ESTIMATED CONSTRUCTION EMPLOYMENT Total Construction Average Annual Employment (man-years) Wage Phase I Phase II Phase III Phase IV Phase N P. Complete Table 10.3 for each phase, estimating the total number of employees by three -digit SIC code and by land use sector (col. 1, # Emp.) and the percentage of employees that will come from within the Region (col. 2, d Region). For mixed -use projects with a residential component, estimate the number of residents expected to be employed with the project (col. 3, Res. Emp.). TABLE 10.3: PERMANENT EMPLOYMENT1.2 Under S8,000 $8.000-14,000 S15,000-24,999 $25.000-49,000 Over S50,000 Land I S Res. I S Res. I S Res. I S Res. I S Res. Use Emp. Reg. Emp. Emp. Reg. Emp. Emp. Reg. Emp. Emp. Reg. Emp. Emp. Reg. Emp. Phase SIC Code Subtotal TOTAL I Specify average annual wages. 2 Assessment of project economic impact using the Council's Input/Output model requires the number of permanent employees by three -digit SIC code. Use "XXX-EX" to indicate an expansion of a firm already existing in the Region. "XXX-EXO" to show an expansion of a firm from outside the Region. "XXX-N" to indicated newly -formed form. 3 Expand table as necessary to accommodate phases. Include an existing phase. 7 h 086 - 142 TABLE 10.2: ESTIMATED CONSTRUCTION EMPLOYIWENT Total Construction Average Annual Employment (man-years) wage Phase I Phase II Phase III Phase IV Phase N P. Complete Table 10.3 for each phase, estimating the total number of employees by three -digit SIC code and by land use sector (col. 1, # Emp.) and the percentage of employees that will come from within the Region (col. 2, d Region). For mixed -use projects with a residential component, estimate the number of residents expected to be employed with the project (col. 3, Res. Emp.). TABLE 10.3: PERMANENT EMPLOYMENT1'2 Under S8,000 S9.000-14,000 $15.000-24,999 S25,000-49,000 Over S50.000 Lend I S Res. I S Res. I S Res. 0 S Res. I S Res. Use Emp. Reg. Emp. Emp. Reg. Emp. Emp. Reg. Emp. Emp. Reg. Emp. Emp. Reg. Emp. Phase i SIC Code i l Subtotal e TOTAL 1 Specify average annual wages. 2 Assessment of project economic impact using the Councils Input/Output model requires the number of permanent employees by three -digit SIC code. Use "XXX-EX" to indicate an expansion of a firm already existing in the Region. "XXX-EXO" to show an expansion of a firm from outside the Region, "XXX-N" to indicated newly -formed form. 3 Expand table as necessary to accommodate phases. Include an existing phase. 7 I i i C. Complete Table 10.4: Seasonal Employment TABLE 10.4: SEASONAL EMPLOYMENT Land Use Sector Existing Land Use Subtotal Phase N2 Land Use Subtotal TOTAL Number of Sessonait Employees lit any) In Project Area 1 full tlme equlvalent 2 Expend table as necessary to eccommodate phases. 0. If assistance for non -infrastructure development will be sought from Federal, State, or other governmental funding programs (e.g., grant money for apartment construction) specify from what agency, under what program, and in what amount. E. For public projects, specify the funding source(s) and amounts. F. Complete Tables 10.5 and 10.6. TABLE 10.5: LOCAL AO VALOREM REVENUES Total Market Assessment Assessed Operating Ad Valorem Phase Value (S) Ratio value (S) Miliaae Rate Tax Yield (S) Existing Land Buildings Phase 1 Phase N2 1 Show the Individual Operating milloge rates for county, city, school board, and special assessment districts that apply to the project, as a footnote to this table. 2 Expand table as necessary to ecco>,wwdate phases. 8 086-142 9 TABLE 10.6: NON -AO VALME'N REVENUES Tax and permit Phase Fee payments Phase 1 Building Permit Fees Water d Serer Permit All other Permit & License Fees Utility Service Taxes Other (specify) Phase N2 i Specify jurisdiction receiving revenues. ' 2 Expand table as necessary to accommodate phases. • Assumpt ionslof Calculation G. Provide a copy of the market study prepared as the basis for projecting the amount of development in each development phase. H. Complete Table 10.7 to show the estimated capital costs for additional public facilities needed to serve the proposed development. TABLE 10.7: PUBLIC FACILITY CAPITAL COSTS Additional Public Total Facility Facility or Trans. 1 Or Improvement Funding Fund Imiprovemant by Phase Cost Committed? Source Phase 1 Subtotal Phase N2 Subtotal TOTAL 1 Specify the type of improvement needed to serve the proposed development 2 Expend table if necessary to acom+modate phases. 0 P86- 142 4 i I. Complete Table 10.8. TABLE 10.8: PUBLIC FACILITY 11R SERVICE OPERATING COSTS Public Facility or Service Annual Operating Operation by Phasel Cost j Phase 1 I Subtotal i i Phase NI i i Subtotal ► TOTAL 1 Specify the type of public facility or service. 2 Expand table as necessary to acconnnodate phases. 11. Transportation A. Committed, Programmed, and Planned Roadway Improvements 1) Map, on Map J, the traffic impact area defined at the preapplication conference. Highlight the roadway segments and critical intersections included in the response to 0. 11. 2) On I1ap J-1, highlight all committed* transportation improvements included in the adopted Transportation Improvement Program (TIP) or funded privately. i 3) On Map J-2, highlight all programmed** transportation 1 improvements. 4) Complete Table 11.1: Committed Improvements 1 TABLE 11.1: COMMITTED IMPROVEMENTS i i Year of CostConstruction Location Improvement igh_ t-o�_ay ns ruc ion2 �n n I Use Current year dollars for all costs. 2 Include preliminary engineering, design, and construction Inspection costs. 0 For public improvements, "committed" is having construction funds alloce+ed ' for the current year in the capital improvements program. For private improvements, "committed" is defined as required by a development order. ' M* Improvements included in a 5-year Capital or Transportation Improvement Program that are not committed. 10 5) Complete Table 11.2: Programmed Improvements TABLE 11.2: PROGRAMED IMPROVEMENTSI Type of Cos+ ocatlon Improvement Design Rlgh+-of-way Cons+ruc+(on I Table 11.2 footnotes apply. Year of Construction in End 6) Identify all transportation improvements included in the network for each phase of development. B. Existing Traffic on Committed Roadway Network 1) Complete Table 11.3 by providing PM perk -hour volumes* for those regionally significant roadway links defined at the preapplication conference that are outside the Areawide DRI boundary, and all major collectors and arterials inside the Areawide DRI boundary. The geographic area defined by this network is known as the "traffic impact area", and should be shown as Map J (see Q. 11-A above). If adequate data are not available, consult with Council staff on any directional distribution assumptions and the need for original traffic counts. When peak -hour volumes must be estimated from ADT counts, use the following conversion factors: Number of Lanes Factor 2 .090 4 .084 6+ .080 Count data may be obtained from the Florida Department of Transportation (FDOT), Dade County Public Works Department, Broward County Traffic Engineering Department, and several local consultino firms. C. Traffic Projections 1 ) Complete Table 11.4: Permitted Nvelopnlents * For all one-way streets and roadway links where volumes are impacted by expressway access, provide AM peak -hour traffic volumes. 11 w86-142 I t TABLE 11.3: EXISTING TRAFFIC ON COMMITTED ROADWAY NETWORK 3 Segment Number Peak -Hour Peek -Four Peek -Hour Peak- 4 Roadway l From - 70 of Lenes2 Dlrecflon3 Volume 4 Capaclty5 V/C6 LOST t 9 1 Reference all County, State, and Federal roadway designations. 2 Use the following abbreviations: divided roadway ..... "0" freeway . "F/W" one-way street ...... "0/W" t 3 Use the following abbreviations: Northbound ..... "N" Southbound ..... "S" Eastbound ...... "E" Westbound ...... "W" 4 Consult Council staff on directional distribution ("d" factor) assumptions when directional counts are not available. If any traffic from permitted projects listed in Table 11.4 is included In existing +raffie, reduce the peak -hour volume to exclude protect traffic already "on the road." S Use the following peak -hour, one -direction roadway capeclties to calculate volume to capacity ratios: i Central Business District Number of Lanes Divided Arterial/ Undivided { in One Direction Freeway Expressway Arterial Collector One-way 1 625 485 600 i 2 3.800 1,500 1,100 760 1,170 3 5,700 2,280 1.765 - 1,920 4 7,600 2,920 - - 2,840 ' 5 9,500 - - - — j Fringe Area 1 - - 785 605 600 2 39800 1.800 1,360 960 1,210 33' 3 5.700 2,765 2,220 - 11970 1 4 7,600 3,600 3,280 - 2,960 5 9.500 - - - - Outlying Business District 1 - - 785 605 600 2 3.800 1,800 11360 960 1,360 3 5,700 2.785 2,220 - 2,180 4 7,600 3.600 3,280 - 3.240 5 9,500 - - - - 6 Divide the peak -hour volume by the peak -hour capacity. 7 Use the following V/C ratios to determine level of service: V/C Level of Service Under 0.61 A } 0.61 - 0.70 8 0.71 - 0.80 C 0.81 - 0.90 0 0.91 - 1.00 E f 4 Over 1.00 F 12 y i S a TABLE 11.4: PERMITTED DEVELOPMENTS 3 PM Peak -Hour Tr -!Ps Land Generation Rates AM Peak -+bur Trigsl�_ --- Phase Name Location Use Scale A14 Peak PM Peak Transit internal External Total Transit Internai External Total I "Permitted developments" are those permitted developments In excess of 10,000 gross square feet of floor area In the traffic Impact area whose 90+ percent occupancy trip generation is not included in existing traffic (Table 11.3) volumes. They may already have been constructed, but are less than 90 percent occupled, In which case their trip generation should be estimated at 100 percent occupancy. All developments currently under construction must be Included In Table 11.4. w 2 Expand table as necessary to accommodate development plan phase(s). (Phase 1 should cover growth projected for the first 5 years, Phase 2 for years 6 through 10, and Phase 3 for years 11 through 20). 3 Consult with Council staff prior to use of any Internal orientation factor or trip generation rates other than those published by the Institute of Transportation Engineers. Categorize trips Into the following trip purposes by land use when internal trips are shown: 1) work, 2) shopping, 3) recreation, 4) education, and 5) other (specify). 0 s TABLE 11.4: PERMITTED 13EVELOPMENTSI Land Generation Rates AM Peak -flour Trips__ PM Peak lour Trjps __ Phase Name Location Use Scale AM Peak PM Peak Transit Internal External Total Transit internal External Total I "Permitted developments" are those permitted developments In excess of 10,000 gross square feet of floor area In the traffic Impact area whose 90+ percent occupancy trip generation Is not Included in existing traffic (Table 11.3) volumes. They may already have been constructed, but are less than 90 percent occupled, in which case their trip generation should be estimated at 100 percent occupancy. All developments currently under construction must be included in Table 11.4. W 2 Expand table as necessary to accommodate development plan phase(s). (Phase i should cover growth projected for the first 5 years, Phase 2 for years 6 through 10, and Phase 3 for years 11 through 20). 3 Consult with Council staff prior to use of any Internal orientation factor or trip generation rates other than those published by the institute of Transportation Engineers. Categorize trips Into the following trip purposes by land use when internal trips are shown: 1) work, 2) shopping, 3) recreation, 4) education, and 5) other (specify). ft 2) In an appendix, provide two maps of the traffic impact area U -3 series) for each permitted developmen+ (one for the AM peak -hour and one for the PM peak -hour) showing development location and the number and percentage distribution of peak -hour trips. In cases where two or more permitted developments are in close proximity to eacn other, they may be grouped to show the number and percentage distribution of trips. However, show the location of each permitted development. 3) Provide peak -hour traffic projections for future traffic at all count locations identified in Table 11.3 for each development phase by completing Table 11.5, usinq link capacities of each publicly-proarammed or privately -funded roadway improvement. Do not increase capacity for any improvement identified in Table 11.F as "recommended". Consult Council staff before making any trip diversion assumptions. TABLE 11.5: FLRLFIE TRAFFIC - COMITTED NETWORK Segment lumbar her -Hour Peak -lour Excess Peak -:bur Peak -Hour Flew bedrar From To of Lanes Direction Yolw C4MK I ty CAW Ity/C LOS 1 Footnotes hr Table 11.3 apply. 4) Explain the basis for any adjustments to volumes shown in Table 11.5 to account for any reduction or increase in volume due to transit ridership, vehicle occupancy, or trip diversions. If there are adjustments, complete Table 11.5A. TABLE ll.SA: ADJUSTED FURN TRAFFIC - COMITTED NETWORK So~f Number Phase fbadeer From To of Lanes I Footnotes for Table 11.3 apply. Peak bur peak -Hour Excess Peek -Hour Pear dour Direction voles COMK I ty Ca Pat Itr r/C LOS 5) For the roadway segments in Table 11.5 (Table 11.5A if applicable) projected to operate below peak -hour L('•S I'D" (LOS "E" in downtowns) during Phase 1, identify those critical intersections along eacn segment that were not 14 *86-1J.�j t: A defined at the preapplication conference. For each critical intersection, provide a detailed peak -hour capacity analysis (using FNWA's 1985 Highway Capacity Manual operations methodology). Provide capacity analysis worksheets and computer printouts for all intersections in an appendix. Both M1 and PM perk -hour analyses are needed for all expressway ramp termini, one-way streets, or intersections where AM volumes are projected to be higher than PM- volumes. 6) Complete Table 11.6: Total Traffic Peak -Hour Intersection Analysis - Committed Network TABLE 11.6: TOTAL TRAFFIC PEAK-HOURIINTERSECTION ANALYSIS - C " ITTED NETWORK Critical Time Level of Service3 Volume to Capacity Ratio Intersection Period2 Existing Projected Existing Projected i 1 Complete for Phase 1 only. 2 AM or PM. 3 Report date for the intersection as a whole. D. Additional Approvable Development 1) Provide a map of the traffic impact area for each phase (J-4 series) showing projected available excess capacity. For Phase I: excess capacity should be based on a combination of projected volume to capacity ratios for ! intersections as a whole, as a measure of intersection ' capacity; and average stopped time delays for intersections as a whole, as a measure of level of service rexcept for expressways and arterials where traffic flow is not interrupted by signals and driveways, where excess capacity should be based on pro acted excess LOS "D" (LOS "Ellin downtowns) link capacity. For all other phases, excess capacity should be based on projected excess LOS "DO' (LOS "E" in downtowns) link capacity. Although the data may be aggregated geographically for ease of presentation, it must also be presented for each critical intersection and 1 ink. 2) Identify, by completing Table 11.7, the amount of additional development, using a land use classification system acceptable to Council staff, that could be permitted without falling below the volume to capacity ratio and level of service criteria specified below: 15 M4 086-142 Criteria for Downtowns: Road Segments Intersections • Level of Service - • Level of Service/Delay - Average no more than 201 must be less then 50 seconds/veni- below L0S "E" cle and no more than 30Y in excess of 50 seconds/vehicle • V/C ratios - nor more than 201 in excess of 1.00 Criteria for Non -downtowns: f Road Segments Intersections • Level of Service - • Level of Service/Delay - Average no more than 201 must be less than 35 seconds/vehi- below LOS "D" cle and no more than 301 in excess of 35 seconds/vehicle • V/C ratios - no more than 101 in y excess of 1.00 i s TABLE 11.7: ADDITIONAL APPROVABLE DEVELOPMENT i Phase Planning Areal Land Use square Footage t 1 1 The area within the Areawide DRI boundary must be divided into smaller geographic units. planning areas. based on similar projected land uses end/or socio-economic characteristics wlthin the smeller area. and divided by arterial roads and barriers to movement. Generally uniform accessi- billty should be projected within each zone. 3) If, for any phase, the Applicant wishes more development by land use (Table 11.7) recommend the network/intersection/system improvements and/or regulatory changes that would improve projected levels of service and volume to capacity ratios to acceptable standards. 1F } }fir_ 4 2 4) ('omple*P Table 11.8: Recommended Roadway/Intersection Improvements TABLE 11.9: REC04MENDED ROADWAY/INTERSECTION 14VROVEMENTS Cost1 phase Location Improvement Right-of-way Construction2 1 Use current year dollars. Include preliminary eng;mv*ring. design, and cons+ruction Inspection cos+s. 5) Show existing geometrics and provide a conceptual design and cost estimate, including any necessary right-of-way acquisition, for each improvement, regulatory change (if applicable), or modification required. 6) Numerically document the level of service effect of all proposed improvements and all regulatory or system changes. For each proposed regulatory change, describe a resolution/ordinance that would accomplish the change. Complete Tables 11.9 and 1 1. 10, and provide in an appendix intersection capacity analyses (include each intersection shown in the response to C5) illustrating the level of service and volume to capacity ratio that would result from the improvements and regulatory changes proposed. i TABLE 11.91 FUTURE TRAFFIC - RECOWNDED IETWODUI I 1 jsegowt ka•bar Peak -Hour Peak -Hour Excess Ptak-b,u Peak -Hour i Pt�aw 1baa•ay From To of Lanes DlrecfiOn voles CaoacltY Cuac If v C LOS i 1 Foofflofas for Table 11.3 apply. TABLE 11.10: FUTURE TRAFFIC PEAK HOUR I INTERSECTION ANALYSIS - RECOMMENDED NETWORK Critical fntersection Time Period Level of Serviceyo kme to Capacity Ratio l q, 1 Table 11.6 footnotes apply. 17 86-142 4) ('omple+P Tnble 11.8: Recommended Roadway/Intersection Improvements TABLE 11.8: RECOMMENDED ROADWAY/INTERSECTION IMPROVEMENTS Cost1 Phase Location Improvement Riaht-of-way Construction2 i 1 Use current year dollars. 2 Include preliminary engineering, design, and construction Inspec+ion costs. 5) Show existing geometries and provide a conceptual design and cost estimate, including any necessary right-of-way acquisition, for each improvement, regulatory change (if applicable), or modification required. 6) Numerically document the level of service effect of all proposed improvements and all regulatory or system changes. For each proposed regulatory change, describe a resolution/ordinance that would accomplish the change. Complete Tables 11.9 and 11.10, and provide in an appendix intersection capacity analyses (include each intersection shown in the response to C5) illustrating the level of service and volume to capacity ratio that would result from the improvements and regulatory changes proposed. TAKE 11.91 FUi1RE TRAFFIC - RECMaNOE6 HETw0AK1 sisrant IYrOsr Peak -Hour Ptak -Hour Excess Peak -Hour Peak -lour Phase PANWaey From To of Lanes Direction voles c4pocity QMW It v C LOS 1 Footnotes for Table 11.3 epoly. TABLE 11.10: FUTURE TRAFFIC PEAK HOUR IINTERSECTION ANALYSIS - RECOMENDEO NETWORK Critical Intersection Time Period Level of Service Volume to Capacity Ratio I Table 11.6 footnotes apply. 17 ;4 a is 86-142 7) Specify how sufficient revenue to cover the costs of constructing all necessary transportation infrastructure, including any transit alternatives identified, will be provided in a timely manner. S) To equate an amount of additional approvable development to the dollar cost of system changes proposed (see Table 11.e above), iteratively repeat steps D1 through D7 until a feasible set of recommended improvements and regulatory or system changes is identified that allow the level of service criteria specified in D2 above to be met. For the first iteration, where the amount of additional approvable development is based on the committed roadway network and existing regulatory structure, provide a response to 01 and D2 only. For the final iteration, where the amount of additional approvable development is based on the final set of roadway system and regulatory changes proposed, provide a response to D1 U -4A series), D2 (Table 11.7A), D4, D5, D6, and D7. E. Parking 1) For the first development phase, specify the additional parking spaces by planning area necessary to serve the amount of development outlined in Table 11.7A. Where & -grade parking is not intended, show proposed garage sites and specify the number of parking spaces to be provided. 2) Include in an appendix a description of a resolution/ordinance that would limit parking in areas projected to have poor accessibility (as determined in section D above) in order to maintain roadway levels of service, reduce carbon monoxide levels, and increase transit ridership. F. Alternative Nodes 1) Specify the type and frequency of current and proposed public transit service. Map current mode splits, relevant routes, and stops U -5 series). 2) Map projected mode splits and specify all changes in transit service necessary to accommodate the projected ridership U -6 series). Numerically illustrate the peak -hour link capacity of the proposed transit system and demonstrate that the capacity is not exceeded by projected demand. 3) For any needed changes in service, include a description of whatever actions) are necessary to accomplish the change. 18 i �66`� 4) Provide a map (J-7) showing any existing or proposed i bikeways within the Areawide ORI boundary and specify the cost of constructing bikeways to connect with the existing system. At minimum, bikeways should connect major activity centers and transit stations with the bikeway system. Bicycle storage facilities should be included in the plan. 5) Provide a map (J-8) showing any existing or proposed water transit routes and the cost of implementing and maintaining service. Illustrate how fares would cover operating costs. G. Capacity Monitoring 1) Design capacity monitoring programs for roadways, intersections, and transit that determine use and allow calculation of available unused capacity, and that use "capacity accounts" to show the amount of additional development that may be permitted without overburdening* the transportation system. Two types of capacity accounts should be used: 1) planning account, debited when any development permit** is issued and credited when a roadway or transit improvement is "committed" (see A2 above for definition of committed); and 2) a monitoring account, debited when building space is occupied and credited when the roadway or transit improvement is opened for service. The monitoring program must also include a mechanism for determining the need for and timing of additional facilities. 12. Other Public Facilities A. Wastewater, Water, and So I id Waste 1) Identify the unused wastewater treatment, water treatment, and solid waste disposal capacity projected to be available for new development in the study area for each phase. 2) Include monitoring programs for the above facilities that determine available capacity, debit the "capacity account" when development is permitted, and credit the "capacity account" when additional facilities come on line. The monitoring programs must also include a mechanism for determining the need for and timing of additional facilities and describe actions necessary to fund and construct needed facilities in a timely manner. * For definition of "overburdening", see level of service and volume to capacity ratio performance criteria specified in D2 above. +�* A development order, building permit, or other instrument upon which reliance to construct can be placed. . 0 a z) Specify regulatory and permitting changes needed to ensure that development is permitted only when facilities are available. Pr i vate We I Is 4) For areas where water wiIf be withdrawn from surface or ground water by private wells, consult with appropriate governmental agencies to determine the available capacities and, as necessary, determine appropriate withdrawal rates. 5) Specify regulatory and permitting changes needed to ensure that private withdrawal of water does not exceed system capacity. Hazardous Materials/Waste 6) Specify the quantities and types of hazardous materials used within ptmn boundaries, and describe current hazardous waste handling and disposal practices. Also, specify the quantity and types of hazardous materials associated with the proposed development. 7) Include a program to ensure that all hazardous materials and wastes are handled, used, stored, and disposed of properly. Include requirements for pretreatment of hazardous effluents, if applicable. 8) Specify regulatory and permitting changes and/or ! restrictive covenants needed to ensure that the program and requirements specified in 7 above are implemented. B. Health Care, Police, and Fire For each of the above public facilities/services, provide the following information: t) Identify the unused service capacity available for new development in the study area during each plan phase. Also, specify the service limit thresholds (e.g. maximum response time) for the above services. 2) Include monitoring programs for the above services and associated facilities that tabulate available service capacity, debit the "capacity account" when development is permitted, and credit the "capacity account" when additional facilities come on line. The monitoring programs must also include a mechanism for determining the need for and timing of additional facilities and specify the actions necessary to fund and construct facilities as needed. r i 20 8 6 142 a ' i� 3) Describe regulatory and permitting changes end/or restrictive covenants needed to ensure that development is permitted only when facilities are available, and that standards to tallow emergency access to all areas within the project are met. C. Energy 1) identify the projected unused capacities of the electrical generation facility and transmission line(s) to which connection will be made for each phase of the project. 2) Include an energy capacity monitoring program that tabulates available service capacity, debits the "capacity account" when development is permitted, and credits the "capacity account" when additional facilities come on line. The monitoring program must also include a mechanism for determining the need for and timing of additional facilities and describe actions necessary to ensure that facilities come on line when needed. ?) Provide an energy management/conservation plan that provides for energy -efficient construction by including, where practical, the energy conservation measures listed in the Counci l's Guidelines and Standards for Preparing a Development of Regional Impact Application for Development Approval. Also, discuss the potential use of on -site cogeneration of power. 4) Specify monitoring program funding sources, and describe regulatory and permitting changes and/or restrictive covenants needed to ensure that development is permitted only when facilities are available, and that appropriate energy -saving construction standards are incorporated into building design, buitding operation, and equipment selection and operation. D. Education 1) Identify the capacity projected to be available for elementary, middle school, and high school students in the development area at the end of each phr.se. 2) Include a monitoring program that tabulates available capacity, debit the "capacity account" wnen development is permitted, and credit the "capacity account" when additional facilities come on line. The monitoring programs must also include a mechanism for determining the need for and timing of additional facilities and describe actions necessary to fund and construct needed facilities. 21 86-142 3) Describe regulatory and permitting changes end/or restrictive covenants needed to ensure that development is permitted only when facilities are available, and that standards to allow emergency access to all areas within the project are met. C. Energy 1) Identify the projected unused capacities of the electrical generation facility and transmission line(s) to which connection will be made for each phase of the project. 2) Include an energy capacity monitoring program that tabulates available service capacity, debits the "capaci+y account" when development is permitted, and credits the "capacity account" when additional facilities come on line. The monitoring program must also include a mechanism for determining the need for and timing of additional facilities and describe actions necessary to ensure that facilities come on line when needed. 3) Provide an energy management/conservation plan that provides for energy -efficient construction by including, where practical, the energy conservation measures listed in the Council's Guidelines and Standards for Preparing a Development of Regional Impact Application for Development Approval. Also, discuss the potential use of on -site cogeneration of power. 4) Specify monitoring program funding sources, and describe regulatory and permitting changes and/or restrictive covenants needed to ensure that development is permitted only when facilities are available, and that appropriate energy -saving construction standards are incorporated into building design, building operation, and equipment selection and operation. D. Education 1) Identify the capacity projected to be available for elementary, middle school, and high school students in the development area at the end of each phase. 2) Include a monitoring program that tabulates available capacity, debit the "capacity account" when development is permitted, and credit the "capacity account" when additional facilities come on line. The monitoring programs must also include a mechanism for determining the need for and timing of additional facilities and describe actions necessary to fund and construct needed facilities. 21 €36-142 3) Describe regulatory and permitting changes and/or restrictive covenants needed to ensure that development is permitted only when facilities are available. E. Recree+ion and Open Space 1) Completp Table 12.1: Existing Public Recreation and taper Space TABLE 12.1, EXISTING PUBLIC RECREATION AND OPEN SPACE Facility Number of Acres Responsible Entity Types Facilities Land Water Total Ownership Operatic, Maintenance Phase i School Sites Elementary Middle High Parks Neighborhood Community Regional waterfront Walkways Commercial Recreation Public Open Space TOTAL 2) Complete Table 12.2: Proposed Public Recreation and Open Space TABLE 12.2: PROPOSED PUBLIC RECREATION AND OPEN SPACE Facility Number of Acres Responsible Entity Types Facilities Lend Water Total n—ersrit Operation eintenence Phase NI School Sites Elementary Middle High Perks Neighborhood Commun i t y Regional Waterfront Walkways Commercial Recreation Public Open Space Subtotal TOTAL I Expend table as necessary to accommodate phases. 22 t Describe land development regulations and/or restrictive 3) cov enpnts needed +o provide sufficient open space. 13. Housing A. Complete Table 13.1: Existing Housing TABLE 13,1: EXISTING HOUSING s a Number of Persons Owner Per Unit Housing Units Rental hl0using Units I I Studio/One Bedroom Two Bedrooms Three Bedrooms and were TOTAL HOUSING UNITS B. Complete Table 13.2: Proposed Housing TABLE 13.2: PROPOSED HOUSING 4 1 Number Of Persons Housing Per Unit Phese I Phase �I — Phase ili Phase IV TY, ye Studio/One Bedroom Two Bedrooms Three Bedrooms and fibre TOTAL HOUSING UNITS #5151 EXHIBIT A-1 DOWNTOWN MIAMI DRI SCOPE OF SERVICES FOR DAVID PLUMMER 6 ASSOCIATES, INC. David Plummer and Associates, Inc. will be responsible for the overall project administration, as well as technical response preparation and attendance at meetings as described below. The lump sum fees for these services, as shown on Exhibit B, include the travel, data assembly, reproduction, photo reductions, deliveries and clerical services necessary to complete the technical responses described below. These fees also include all meetings between the Consultant and subconsultants necessary to insure orderly progress of the work. Technical Responses Question 11-Transportation A. Committed Programmed and Planned Roadway Improvements. 1. Map J - Traffic Impact Area. 2. Map J-1 - Committed Transportation Improvements. 3. Map J-2 - Programmed Transportation Improvements. 4. Table 11.1 - Committed Improvements. 5. Table 11.2 - Programmed Improvements. 6. Transportation Improvements Assumed in Analysis. B. Existing Traffic on Committed Road Network. 1. Table 11.3 - Existing Peak Hour Traffic Conditions for Traffic Impact Area. a. Roadway Inventories. b. Volume to Capacity Ratios and Levels of Service. C. Traffic Projections. 1. Table 11.4 - Permitted Developments. a. Trip Generation Rates. b. Mode Splits. c. Trip Generation. EA-1 s$6-i4 2. Map J-3 Series - Permitted Development Traffic a. Directional Distribution. b. Highway and Intersection Assignment. f 3. Table 11.5 - Future Traffic - Committed Network. a. Volume to Capacity Ratios. b. Levels of Service. 4. Table 11.5A - Adjusted Future Traffic - Committed Network. i a. Identify and Substantiate Traffic Adjustments. b. Traffic Diversions to New Facilities. c. Diversions of Thru Trips. 5. Intersection Capacity Analysis - Phase 1. a. Existing. b. Projected. 6. Table 11.6 - Total Traffic Peak -Hour Intersection Analysis - Committed Network. D. Additional Approvable Development - 3 Phases. 1. Map J-4 Series - Excess Capacity. 2. Table 11.7 - Additional Approvable Development. a. Identify Additional Land Uses by Type, Intensity and Location for Each Phase. b. Trip Generation. c. Directional Distribution. d. Highway and Intersection Assignment. e. Intersection Analysis. f. Road Link Analysis. 3. Capacity Improvements. a. Intersection Improvements. b. Link Improvements. c. Regulatory Changes. j 4. Table 11.8 - Recommended Roadway/Intersection Improvements. a. Right-of-way Requirements and Costs. b. Construction Costs. 5. Roadway/Intersection Geometrics. a. Existing Geometrics. b. Recommended Geometrics. 6. Document Effects of Geometric Improvements. and Regulatory Changes. a. Description of Regulatory Changes. b. Table 11.9 - Future Traffic - Recommended Network. Volume to Capacity Ratios. Levels of Service. c. Intersection Capacity Analysis. d. Table 11.10 - Future Traffic Peak -Hour Intersection Analysis - Recommended Network. EA-2 r 7. Roadway Improvement Funding. a. Funding Sources. b. Funding Mechanisms. • 8. Equate Additional Approvable Development to the Cost of Recommended Improvements (3 Phases). a. Repeat steps D1 through D7. E. Parking. 1. Identify the number and location of parking spaces to serve additional development. 2. Description of regulatory process. F. Alternative Modes. 1. Map J-5 series - Public Transit Facilities. a. Existing Transit Service, Capacity, Mode Splits. 2. Map J-6 series - Public Transit Facilities. a. Future Transit Service, Capacity, Mode Splits. 3. Recommended Transit Service. a. Identify Transit Service Improvements. 4. Map J-7 - Existing and Proposed Bikeways. a. Bikeway and Storage Facilities. b. Construction Costs. 5. Map J-8 - Existing and Proposed Waterborne Transportation. a. Identify Operating Costs. b. Funding Mechanisms. G. Capacity Monitoring. 1. Develop capacity monitoring program for roadways, intersections and transit. Meeting Obligations There will be twelve (12) team meetings up to a maximum of 72 man hours. These include Technical Committee meetings following the notice to proceed through the negotiation of the Development Order with the SFRPC staff. There will be twelve (12) public meetings up to a maximum of 96 man hours. Public meetings include attendance at the following meetings: Planning Advisory Board City Commission South Florida Regional Planning Council Citizen Advisory Committies DDA Board of Directors Chamber of Commerce EA- 3 *86- 1 42 EXHIBIT A-2 DOWNTOWN MIAMI DRI • SCOPE OF SERVICES FOR BERMELLO, KURKI & VERA, INC. s Bermello, Kurki, and Vera, Inc. will be responsible for the technical responses, ADA proof reading, ADA assembly and attendance at meetings as described below. The lump sum fees for these services, as shown on Exhibit B, include the travel, data assembly, reproduction, photo reduction, deliveries and clerical services necessary to complete the technical responses described below. These fees also include all meetings between the Consultant and subconsultants necessary to insure orderly progress of the work. Technical Responses Question S - Water Qualitx/Drainage 1 A. Existing -conditions 1) Describe any development limitations due to existing soil or hydrologic conditions. Prepare Soils Map - Map E Question 7 - Flood Prone Areas A. Flood elevation for the area, and source (e.g., FEMA, County). Prepare Flood Zone Map - Map C. B. Finished first floor elevations for structures, roads, and parking lots. C. Applicable storm surge elevations for the area and source. D. Changes in regulations and permitting procedures necessary to protect property from flooding and storm surge. Develop guidelines and standards for development within flood prone areas. i EA-4 �k 4 R V � j Question 8 - Vegetation and Wildlife A. Identify existing vegetation in the study area including those that are listed as rare, endangered, or threatened. Prepare Vegetation Map - Map F. B. Identify wildlife species, that use the proposed development area including those that are listed as rare, endangered, or threatened. C. Specify actions that will be undertaken to miti- gate or minimize impact on vegetation and wildlife. D. Specify the regulations, permitting procedure, and/or restrictive covenants that will protect significant vegetation and wildlife. Develop landscaping plant list. Question 12 - Other Public Facilities C. Energy 1) Identify the projected unused capacities of the electrical generation facility and transmission line(s) to which connection will be made for each phase of the project. Prepare a map showing main transmission lines for electrical and gas. Map I. 2) Include an energy capacity monitoring program that tabulates available service capacity. Include a mechanism for determining the need for and timing of additional facilities. Describe actions necessary to i ensure that facilities come on line when needed. i 3) Provide an energy management/conservation plan that provides for energy -efficient construction. Also, discuss the potential use of on -site congeneration of power. 4) Specify monitoring program funding sources, and describe regulatory and permitting changes and/or restrictive covenants needed to ensure that development is permitted only when facilities are available. Meeting Obligations There will be six (6) team meetings up to a maximum of 36 man hours. These include Technical Committee meetings following the notice to proceed, through the negotiation of the Development Order with the SFRPC staff. 3 EA-5 �Y g g_ 1 4 2 r There will be four (4) public meetings up to a maximum of 32 man hours. Public meetings include attendance at the following meetings: Planning Advisory Board City Commission South Florida Regional Planning Council Citizen Advisory Committies EA-6 86-142 1 #5151 f EXHIBIT A-3 DOWNTOWN MIAMI DRI i SCOPE OF SERVICES FOR WILLIAMS-RUSSELL & JOHNSON, INC. Williams Russell & Johnson, Inc. will be responsible for the technical responses and attendance at meetings as described below. The lump sum fees for these services, as shown on Exhibit B, include the travel, data assembly, reproduction, photo reduction, deliveries and clerical services necessary to complete the technical responses described below. These fees also include all meetings between the Consultant and subconsultants necessary to insure orderly progress of the work. Technical Responses Question 5 - Water Quality/Drainage A. Existing Conditions 1) Specify the quantity of any non-stormwater discharges to surface water bodies or the Biscayne Aquifer. B. Plan and Program 3) Specify what structural conditions are necessary to minimize water quality impacts and action to be taken, if water quality deterioration occurs. C. Specify regulatory and permitting changes and/or restrictive covenants needed to improve water quality; ensure that abatement measure are implemented, and that County and State water quality standards are not violated. EA-7 086- 1 42 Question 12. Other Public Facilities A. Wastewater, Water, and Solid Waste 1) Identify the unused solid waste disposal capacity _ projected to be available for new development in the study area for each phase. 2) Include monitoring programs for the above facilities that determine available capacity. The monitoring programs must also include a mechanism for determining the need for and timing of additional facilities and describe actions necessary to fund and construct needed facilities in a timely manner, 3) Specify regulatory and permitting changes needed to ensure that development is permitted only when facilities are available. Hazardous Materials/Waste 6) Specify the quantities and types of hazardous materials used within plan boundaries, and describe current hazardous waste handling and disposal practices. Also, specify the quantity and types of hazardous materials associated with the proposed development. 7) Include a program to ensure that all hazardous materials and wastes are handled, used, stored, and disposed of properly. 8) Specify regulatory and permitting changes and/or restrictive covenants needed to ensure that the programs are implemented. Meeting Obligations i — There will be six (6) team meetings up to a maximum of 48 man hours. These include Technical Committee meetings following the notice to proceed, through the negotiation of the Development Order with the SFRPC staff. There will be four (4) public meetings up to a maximum of 32 man hours. Public meetings include attendance at the following meetings: Planning Advisory Board City Commission South Florida Regional Planning Council Citizen Advisory Committies EA-8 #5151 EXHIBIT A-4 DOWNTOWN MIAMI DRI SCOPE OF SERVICES & FEE PROPOSAL W ENVIRONMENTAL ENGINEERING CONSULTANTS, INC. Environmental Engineering Consultants, Inc. will be responsible for the technical responses and attendance at meetings described below. The lump sum fees for these services, as shown on Exhibit B, include the travel, data assembly, reproduction, photo reduction, deliveries and clerical services necessary to complete the technical responses described below. The fees also include all meetings between the Consultant and subconsultants necessary to insure orderly progress of the work. Technical Responses Question 4 - Air Quality A. Describe existing air quality using available data, monitoring programs and trends. Identify monitor locations, equipment, pollutants monitored and program effectiveness. B. Develop an air quality monitoring program including capital and operating costs. Specify conditions to minimize air quality impacts. Specify actions to be taken if air quality standards are exceeded. C. Specify regulatory and permitting changes and/or restrictive covenants to minimize adverse air quality impacts, implement abatement measures and ensure ambient air quality standards are not exceeded. Question 5 ---Water Quality/Drainage A. Existing Conditions 1) Describe the composition of runoff currently being directly discharged to any surface water bodies or the Biscayne Aquifer. i 2) Describe the composition of any non-stormwater discharges to surface water bodies or the Biscayne Aquifer. EA-9 3) Describe existing Water Quality using available data and the effectiveness of existing water quality monitoring. �. B. Plan and Program 1) Specify how the water quality plan will mitigate or eliminate existing adverse impacts from storm - water runoff. 2) Define a water quality monitoring program that will adequately monitor the impact of the proposed development plan on surface and ground water quality. Identify capitol and operating costs. 3) Specify operational conditions necessary to minimize water quality impacts and actions to be taken if water quality deterioration occurs. C. Specify regulatory and permitting changes and/or restrictive covenants needed to improve water quality; ensure that abatement measures are implemented, and that County and State water quality standards are not violated. Meeting Obligations There will be (6) team meetings up to a maximum of 48 man hours. These include Technical Committee meetings following the notice to proceed, through the negotiation of the Development Order with the SFRPC staff. There will be four (4) public meetings up to a maximum of 32 man hours. Public meetings include attendance at the following meetings: Planning Advisory Board City Commission South Florida Regional Planning Council Citizen Advisory Committies EA-10 3) Describe existing Water Quality using available data and the effectiveness of existing water quality monitoring. B. Plan and Program 1) Specify how the water quality plan will mitigate or eliminate existing adverse impacts from storm - water runoff. 2) Define a water quality monitoring program that will adequately monitor the impact of the proposed development plan on surface and ground water quality. Identify capitol and operating costs. 3) Specify operational conditions necessary to minimize water quality impacts and actions to be taken if water quality deterioration occurs. C. Specify regulatory and permitting changes and/or restrictive covenants needed to improve water quality; ensure that abatement measures are implemented, and that County and State water quality standards are not violated. Meeting Obligations There will be (6) team meetings up to a maximum of 48 man hours. These include Technical Committee meetings following the notice to proceed, through the negotiation of the Development Order with the SFRPC staff. There will be four (4) public meetings up to a maximum of 32 man hours. Public meetings include attendance at the following meetings: Planning Advisory Board City Commission South Florida Regional Planning Council Citizen Advisory Committies EA-10 Al WA d6o142 EXHIBIT B DOWNTOWN MIAMI DRI FEE PROPOSAL FIRM TECHNICAL RESPONSE TEAM MEETINGS PUBLIC MEETINGS DIRECT EXPENSES TOTAL $ $ 4,920 $ 6,360 $ 2,600 $116,017 51% David Plummer & Associates $102,137 Bermello, Kurki & Vera $ 32,510 $ 2,610 $ 2,320 $ 1,207 $ 38,647 17% Williams, Russell & Johnson $ 37,612 $ 2,260 $ 1,890 $ 3,710 $ 45,472 20% Environmental Engineering � $ 21,714 $ 2,280 $ 1,720 $ 3,150 $ 28,864 $ Consultants, Inc. i r Total $193,973 $12,070 $12,290 $10,667 $229,000 100% Revised February 4, 1986 0 9,1 t S i EXHIBIT C f - DOWNTOWN MIAMI DRI ITEMS TO BE SUPPLIED TO CONSULTANTS BY THE CITY OF MIAMI 1. Master Land Use Plan for the Study Area. 2. Economic Study for the Study Area. 3. Growth Projections by Sub -area for 5, 10 and 20-year thresholds. 4. Reproducible Base Map of Study Area with Sub -area boundaries. a. Sheet size 24" x 36". b. Sheet size 8J" x 11". 5. Manual and Automatic Traffic Counts. 6. Recent ADA's for projects within the Study Area. 7. Existing City ordinances or resolutions dealing with air quality standards. 8. Existing Interlocal Agreements between the City and the County and/or the City and the State dealing with air quality standards. 9. Available City of Miami Master Drainage Plan for study area. 10. i Recent utility studies for the study area. 11. Existing Building Ordinances regarding Stormwater Retention. 12. Available City of Miami Federal 201 Studies for Downtown Miami. 13. Available Environmental Impact Studies for Study Area. 14. Available Port of Miami studies or reports on Biscayne Bay. 15. Existing City of Miami Sanitation (Solid Waste) pick up frequencies and street cleaning cycles for study area. 16. Existing City/County ordinances on Water Quality or Stormwater. 17. Available Downtown Study'Area 208 Report. EC-1 x 18. Existing Soils Tests and geotechnical studies. 1 19. Existing Vegetation and Wildlife surveys. 20. Available Biscayne Bay Management Reports. 21. Available Guidelines for annually tabulating occupied, permitted and approved land uses. 22. Existing Building occupancy rates. EC- 2 w66-142 FORM 4 MEMORANDUM OF VOTIN%i CONFLICT LAST NAME —FIRST NAME —MIDDLE NAME _SUAREZ, XAVIER L. MAILING ADDRESS 3500 Pan American Drive CITY COUNTY Miami Dade DATE ON WHICH VOTE OCCURRED February 13, 1986 NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE City of Miami Commission THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY 0 COUNTY 0 OTHER LOCAL AGENCY 0 STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY r WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).) The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. 1, the undersigned local public officer, hereby disclose that on 19 (a) I abstained from voting on a matter which (check one): inured to my special private gain; or inured to the special) gain of G4w��l CE FORM 4 • REV. I0.84 , by whom I am retained. PAGE i C (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: Item 61 (R-86-142): Agreement with David Plummer and Associates, Inc. to provide professional and technical services in preparation of a Downtown Plan and Development of Regional Impact Application, etc. Date Filed Sign cure Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on (a) I voted on a matter which (check one): inured to my special private gain; or ,19 inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES4111317(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. CE FORM 4- REV. 1044 PAGE 2