HomeMy WebLinkAboutR-83-1009J-83-958
P.ESnLUTInN NO. 83r-1009
RESOLUTION DIRECTING THE CITY I -TANAGER
TO EXECUTE A CITY/CONSULTANT CONTRACT,
SUBSTANTIALLY IN THE. FORj� nF THE AT-
TACHED CONTPACT SI?BJ►;CT TO THE CITY
ATTnpNEY'q APPROVAL AS TO FOP.m ANT)
COP.RECTNE.SS, Fnn Pn.OrFSSIONAL SIT VTCFS
BY T?IF FIT?m nr BOE.RF''tA, BIETKTELLO,
KURRKI AND VEPA TO PREPARE. A DINNER KEY
DEST('N AND DEVELOPMENT MASTER PLAN IN
AN AT),-InUNT NOT W EXCEED . 95 , 000 FUNDED
FROM SnECTAL PROMAMS AND ACCOUNTS.
I-THEPEAS, Commission Resolution No. 83-696, Julv 28, 1983
authorized the Citv Manager to enter into negotiations with those
nlanninc firms found in rank order most oualified to nr.ovide pro-
fessional services for preparation of. the Dinner Kev Design and
Development Master Plan; and
1?HEREAS, the rIanaper has negotiated a contractual scone of
services with the first ranked firm of P.oerema, Bermello, Kurki
and Vera to provide such nrofessional planning and design services;
NOW, THEREFORE, BE IT RESOLVED BY THE CONY.ISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1: The Citv Manager is herebv directed to execute a
CITY CONSULTANT CONTRACT, substantially in the form of the attached
contract, subject to the Citv Attornev's approval as to form and
correctness, for nrofessional services by the firm of BOERFMA,
BER14ELLO, KURKI AND VE.R.A to nrenare a Dinner Kev nesiRn and Develop-
ment !-!aster Plan.
Section 2: Funds not to exceed an amount of $95,000 from
Special Programs and Accounts and herebv authorized for a con-
tractual consultant fee not to exceed $90,500 and a final report
nrintinQ by the Citv not to exceed $4,500.
CITY COMMISSION
MEETING OF
OCT 27 1983
RE`.,0L000.i nu.0�r��o�
RE MARKS
PASSED AND ADOPTED this 27th day of October , 1983.
_ Maurice A. Ferre _
MAURICE A. FERRE
,•IAYnR.
ATTEST:
QUAZIIHl G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
JL
IIAXIJELL
STANT CITY AT ORNEY
APPROVED AS TO FORM AND CORPECTNESS:
OSE R. GARCIA-PEDROSA
CITY ATTORNEY
83-1009
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
To Howard V. Gary
City Manager.
Ile
"ROM
I odriguez, Director
1 ing Department
DATE October 19, 1933 FILE
SU`3J ECT Dinner, Key Design and Develop-
ment Master Plan Contract -
Request for. Commission Approval
Agenda I tern
City Commission Meeting
October 27, 19e3
It is recommended that the attached contract
for professional consultant planning services
for. the Dinner Key Design and Development
Master Plan be placed on the Commission
Agenda for October 27th with a recommendation
for Approval.
By Commission Resolution 83-696, adopted July 28, 1983, your
office was authorized to negotiate a contract for professional
ser•v i ces w i th the three p l ann i ng consu 1 tan t f i r•ms recommended in
rank or -der by the Dinner- Key Consultant Selection Committee for
preparation of the Dinner Key Design and Development Master Plan.
The Planing Department has negotiated with the firm of Boer•ema,
Ber-mel 1 o, Kur•k i and Vera, f i r•st r•ar, k%�J by the selection
committee, the attached master planning contract for a fee of
$90,500 with an additional project cost of $4,500 for City
printing of a final report. Total project costs are recommended
as $95,000. The planning study contract is for approximately six
months.
The anticipated source of funds for this study is Special
Programs and Accounts in the General Fund.
This contract provides for professional services to address,
within greater Dinner Key, recommended policy and specific design
and development solutions for future land development and use,
recreational facilities, parking facilities, landscaping, auto
and pedestrian circulation, lighting, signage, lease management,
market feasibility of alter -native development options, and
environmental protection and enhancement.
SR/JL/vb
Attachment
cc: Law Department
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wr,nr-rmw kn-
THIS AGREEMENT made this day of___ , 1983, by
and between THL CITY OF MIAM19 a Municipal Corporation of the
State of Florida, hereinafter- called CITY and BOEREMA, BERMELKO,
KURK1 AND VERA, Planners, hereinafter called the PRINCIPAL.
WITNESSLTH
WHEREAS, the C11Y proposes to prepare a comprehensive Design
and Development Master- Plan for the Dinner Key bayfront area
bounded by and including Peacock Park on the west, the Dinner Key
Marina and spoil islands on the south, Kennedy Park on the east,
and Bayshor-e Drive on the north, hereinafter called the PROJECT;
and
WHEREAS, the CITY has programmed approximately $95,000.00 to
finance the professional fee and other expenses of the PROJECT;
and
WHEREAS, the CITY desires to engage a planning firm to
render the necessary professional and technical services,
hereinafter called WORK, for the design and planning consultation
of the PROJECT, upon the terms, conditions and provisions
hereinafter set forth; and
WHEREAS, the Commission of the City of Miami by Resolution
No. 83-696 adopted July 28, 1983, authorized the City Manager to
negotiate a professional services agreement with the consultant
firms recommended in rank order by the Dinner Key Consultant
Selection Committee, in compliance with Ordinance No. 8965
adopted July 22, 1979;
NOW, THEREFORE, the CITY and the PRINCIPAL, for the
considerations hereinafter set forth, agree and covenant, one
unto the other as follows:
SECTION I - GENERAL
A. The PRINCIPAL and the CITY are fully aware of the
project schedule requirements and will therefore proceed with all
diligence to carry out the WORK to meet such requirements. The
PRINCIPAL shall proceed with all applicable dispatch in a sound,
economical, efficient and professional manner, to the timely
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preparation of
the PROJECT.
all necessary documents for the construction of
E:. The PRINCIPAL shall perfor-rn the professional services
as hereinafter set forth and in general accordance with the
i nstr-uct i ons of the CITY.
C. The CITY had budgeted the amount of $95,000 for. the
total pr-oject. This amount includes the following:
1. $90,500 for planning and design services,
2. $4,500 for printing of the final roaster- plan
document.
D. The CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for all professional and technical
s er v i cep. r-ender-ed, as, outlined in SECT-IOI-J Ill - PROFESSIONAL
SERVICES, hereof, the PROGRESS PAY11ENT Fk'.E of NINETY THOUSAND
F 1 VL HUNDRED DOLLARS ($90, 500) .
SECTION II - DEFINITIONS
A. CII Y - hereby def i ned as The City of Miami , F 1 or- i da.
B. CITY MANAGER - is her-eby defined as the City Manager. of
the CITY.
C. DIRECTOR - is hereby defined as the D i rector•, Planning
Department of the CITY.
D. PRINCIPAL_ - is hereby def ined as. Boer-erna, E:er-meI Io,
liur k i and Vera, P 1 anner,s.
E. PROJECT - is hereby defined as the Design and
Development Master Plan for- Dinner- fey, as indicated on F_>:.h i b i t
"A".
F. WORK - is hereby defined as all the professional and
technical ser-vices to be rendered or- provided by the PRINCIPAL
for the PROJECT, as described in SECTION III - PROFESSIONAL
SERVICES, hereof.
G. PROGRESS PAYMENT FEE - is hereby defined as the amount
of money the CITY agrees to pay and the PRINCIPAL agrees to
accept as payment in full for- all the professional and technical
services rendered pursuant to this agr-eernent, to complete the
WORK as further defined in SECTION III PROFESSIONAL SERVICES,
hereof.
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H. PROJECT MANAGER - is hereby defined as the Manager of
the PROJECT for. the CITY.
I. EXHIBIT "A" - is hereby defined as PROJECT AREA, dated
October , 1983, which shows the Dinner hey Pr-oject Ar-ea in its
entirety and which shows the boundaries of the PROJECT to be
planned under. this Agr-eernen t .
SECTION III - PROFESSIONAL SERVICES
The PRINCIPAL in close coordination with the CITY shall
perfor-m the following professional and technical services
c.ornpr^ i s i ng the WORK and shall be fully r-espons i bl a for all the
professional and technical aspects thereof. The CITY's r-eview
and approval of the WORK wi11 relate only to overall cornpliance
w i th the general r-equ i r-ernen is of the PROJECT and whenever- the
term "Approval by the City" or like ter rns are used in this
Agreement, the phraseology shall in no way relieve the PRINCIPAL
fr orn any duties or r-espons i b i 1 i t i es under, the terms of this
Agr-eement and f r-orn using the best planning ser-v i ces and
pr-act ices.
The PRINCIPAL shall, in the preparation of Plans and Design
Guidelines, comply with all Federal, State and Local codes,
or-d i nances and r egu 1 at i ons per -to i n i ng to the design and
construction of the PROJECT. Attention is invited to the Federal
Wage --Hour Law, Walsh -Healy Act, The Occupational Safety and
Health Act, The National Environmental Policy Act and Equal
Employment Oppor-tun i ty Legislation.
PHASE I - SURVEY AND ANALYSIS
Task 1. Regional and Historical Conte:;:t
The conte;•::t area ( i . e. Coconut Grove) of the pr-oject site w i l 1 be
analyzed both in ter-rns of its historical development and e::•::isting
conditions r-egar•ding its demographic, economic base, land use,
transportation and envir-onmental characteristics.
Distinct functional areas within the con te::::t area w i 11 be def i ned
and their, relationship, if any, with the project site. A wr• i tten
nar-r-ative plus supplemental graphics depicting location and sub-
area relationships shall be prepared.
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Task 2. Other Studies
Previous studies and other planning efforts including but not
limited to the 1972 Dinner Frey Master Plan and the 1983 Dinner
Frey Marina Study, will be reviewed and analyzed for purposes of
identifying specific goals which may have been established for
the project site and surrounding region as a part of such
efforts. Relevancy between these studies and the project site
will be analyzed and documented through a written narrative.
Task 3. Existing Trends and Conditions
the project site and its most immediate environs will be
described in terms of existing trends and conditions. A
description of the following elements will be recorded both in
terms of text and graphics:
3.1 Environmental
The project site will be analyzed in terms of its soils,
subsurface hydrology, topography, vegetation, shoreline
conditions, (i.e. natural, rip -rap, bulkheaded, dock access,
etc.) basin and soundings, navigable channels, unique features
and site irrigation.
3.2 Transportation, Parking & Utilities
The project site will be analyzed in terms of the following
elements:
a. Existing vehicular, pedestrian and bicycle flow
patterns and signalization if any. Also identify
present traffic volumes from available traffic count
data.
b. Identify parking demand by existing uses and time of
the year.
C. Identify existing available underground and overhead
utility services. Indicate condition of service, if
appropriate.
d. Identify number, type and location of boat slips, wet
and dry boat storage from information supplied by the
City Office of Marinas.
e. Identify current demand for boat slips, wet and dry
storage.
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3.3 Land Use & Urban Design
The project site and its environs will be analyzed in terms of
the following characteristics and development constraints.
a. Land utilization of City owned property and related
regulatory framework as a result of lease terms, deed
restrictions, etc. Facilities to be described in terms
of Public Use Facilities (i.e. City Hall, Convention
Center, City Docks, boat launch, parking, etc.), and
Private Use Facilities ( i . e. Pr- i vate Clubs, tnar, i ne
repa i r-, r estaur-ants, etc. ) .
b. De•=cr i be the characteristics of the e:>:: i st i n1g bo;:: i ng gyrn
and rnar i na ser v i ceF, structures in ter-rn-, of type of
construction, age, condition, number- of stor• i es, use,
suitability for renovation and historical or.
architectural significance if any.
C. I dent i fy primary site and building entry points in
terms of service, vehicular-9 rnar i ne and pedestr• i an .
d. Identify land use restr• i c t ions such as ut i 1 i ty
easements, rn i n i rnurn flood level cr i ter i a for 100 yc=ar
i=lood plain.
e. Identify proposed pub I i c acid private i rnprovernents
within the project -5ito and vicinity.
f. Identify e:::isting activity centers and recreational
facilities and e?::isting patterns of open space
util ization and recreation.
g. Identify e.cisting infor-mational systerns, if any, in
terms of type, style, condition and location.
h. Identify the type, style, condition and location of
lighting; and street fur•n i tur•e.
i. Identify view corr i does and the sequence of visual
images and a ;:per• i ences from Bayshore Dr i ve, plus major
and minor• vistas from within the site.
3.4 Preliminary Econorn i s Market Analysis
A. Retail
A pre l i rn i nary retail space analysis w i l l be conducted for
the project site. First, a trade area w i 11 be defined as
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being an area from which 80% or more of the sales support
will be generated for proposed site retail facilities on a
sustained basis. The trade area configuration will be
influenced by such factors as the types of activity centers
moat likely supportable based on a reconnaissance of the
area. Second, data (i.e. U. S. Census) will be collected to
construct trade area trends in population, household
formations, income, household expenditure characteristics,
etc. Trends wi 1 1 be projected to the year 2000. In
addition, an inventory of competitive retail nodes will be
untablished through field investigation. Third, a
preliminary analysis of market potential will be conductQd
in terms of type of retail mix; and retail demand as per
projected expenditure potential by retail category. The
market potential will be determined on the basis of trade
area growth characteristics measured against the strengths
and competitiveness of eyisting and planned retail
facilities of a comparable nature and size.
Included in this consideration will be the ability of Dinner
Frey to capture a satisfactory share of retail sales as a
result of household and employment growth, inflow and other
economic factors. Retail sales potential for the study area
will then be translated into square footage by individual
retail categories, which are needed to ,justify the available
market potential. The floor area potential for the various
retail categories ,justified by the market will then be
reviewed in terms of what should be recommended in order to
create balanced retail activities which will harmonize and
be compatible with other land uses projected for the area.
The growth of hotel space currently committed in Coconut
Grove shall be analyzed to determine the need for and amount
of meeting room and banquet facility space to serve such
hotel space.
E. Marinas and Eclat servicing Facilities
A preliminary analysis will be undertaken to determine the
market potential for additional marinas and boat servicing
facilities.
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This will involve an analysis of slip occupancy, cost and
volume of boat servicing capacity currently in e.::istence and
projected by the Dinner- Key Marina Study.
Major attention will be given to pr ese: t boat ser-v i c i ng
facilities fr orn the standpoint of location and efficiency.
C. City Owned Land/Leases
An inventory of cur-r-ent land leases on City oWned proper ty
will be documented and analyzed. Ter-rns and conditions of
the subject land leases, as well as revenue str-uctur-e will
be analyzed against cornpar ab l e land leases for s i rn i l ar-
pub l i c 1 y owned proper t i es.
PHASE II PRELIMINARY PLANNING
Task 4.0 Goals and Objectives
A cornpr•ehens i ve 1 i st i rig of goals and objectives i►) i 1 1 be
inventoried and documented based on the following sources of
information:
1. Pr-ev i ous studies, reports and ordinances which r-ef 1 ec t
City adrn i n i str-at i on policies concerning the pr-ojec t
E,ite and its development.
. Inter v i ems w i th City Uepar trnent Heads, the City
Manager, other key staff personnel and elected
cif ficials in the Commission.
3. Inter v i ew-5 it) i th individuals and/or- cor•por-at i ons
presently leasing land fr orn the City.
4. Inter -views with i n ter-est groups which may have either a
vested business or- civic interest in the project site
and its environs.
Wher-ever the goals and objectives as documented in a particular•
r•epor-t or- a ::pressed by a par t i cu 1 ar- entity, conflict with one
another, they w i 1 1 be so identified. Fur ther•rnor-e, goals and
objectives i►i i 11 be qua l if e ed in terms of broad or- 1 i rn i ted
support.
Task 5.0 Pr-ob 1 erns and Oppor-tun i t i es
A graphic and statistical documentation of e::::isting and projected
pr cab 1 erns and oppor-tun i t i es w i th i n the project site and its
env i r-ons w i 1 1 be pr epar-ed. The pr-ob 1 erns and opportunities to be
c ons i der-ed i►) i 1 1 i nc 1 ude but not be 1 i rn i ted to the fol 1 ow i ng:
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A. Env ir-onrnental
1. Need for re -vegetation, landscape buffers and shoreline
r•estor-at i on.
2. Reinforcement of bay vistas through landscaping.
3. Opportunities for unique landscape features and
amenities.
A. Identification of e:.::istinq inappropriate landscaping
tr-eatments and ma intenance procedures.
E:. Transportation, Parking and Utilities
1 . Identify the tr-a f f i c circulation problems in terms of
f 1 okra, roadway geornetr y and capacity, s i gna l i zat i on,
etc.
2. Identify opportunities for- a more efficient circulation
system interconnecting public and private facilities.
3. Identify the opportunities for beautification of
driveways, access points and the establishment of
scenic routes.
4. Identify specific parking related pr-oblems in terms of
type, rn i :::, lot con f i gur-at i on, access, use restr- i c t i ons
and available capacity to rneed demand; and identify
park i ng-r-el ated oppor-tun i t i es for• the development of
new facilities or expansion and enhancement of existing
surface lots.
5. Identify the oppor-tun i ty for the e:•::pans i on and/or- more
effective and efficient utilization of rnar•ina related
faci 1 ities (dockage, repair•, etc.).
C. Land Use and Urban Design
1. Identify those areas most susceptible to change due to
present intensity of utilization; type and condition of
e-:., i st i ng i rnpr•overnents; lease and other• use restr• i ct i ons
or- lack thereof.
. Identify oppor-tun i t i es for• new development of public,
private or- public -private facilities, recreation
facilities, and special activity centers, and describe
these in general terms of size, possible uses, and
support facilities.
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3. Identify opportunities for adaptive r-e-use,
rehabilitation and r-estor-at i on of e::•:: i st i ng publicly
omned improvements.
4. Identify planned pr i vate i rnpr-overnents of s ign i f i cance
to the project site and evaluate potential problems or-
oppcor tun i t i es created by such i rnpr-overnents as
consequences to surrounding activities.
5. Identify opportunities, for the establishment of
effective pedestrian linkages throughout the project
site, interconnecting the various a>::isting and proposed
activity centers.
6. Identify opportunities for the treat i on of outdoor- and
i nfor-ma 1 peop 1 e-or i ented open spaces for- roar- i ne-
c.cimmer c i al -pass i ve enter to i nrnent act i v i t i es.
D. Economic
As affected by the findings of Task 3.4, determine the
opportunities and constraints on further development of the
Dinner Key area. These possibly include, but ar-e not
1 i rn i ted to, the a :pans i on of the r-eta i 1 , ea t i ng and dr- i nk i fig
activity centers within the pr-oJect site, and roar i ne r-elated
ser-v i ces.
Task 6.0 Formulation of Alternative Concept Master- Plans
Following a r-ev i ew and appr-oval of Tasks 1-5, by both the City
and a to be established Dinner- Frey Citizen Task Force, a ser- i es
of alter -native plans and r-ecommendat ions will be pr•epar-ed for. the
project site.
The alternative concept plans will present viable options
including but not limited to str-ateg i es for- new development of
public, pr• i vate and/or joint fac i 1 i t i es; str-ateg i es for. the
r-ea 1 1 oca t i on of existing uses within Dinner- Frey if appr.opr- i a te;
str-ateg i es for r-estor-at i on and enhancement of public parks and
buildings; str-ateg i es to i rnpr-ove tr•aff i c access to the project
site circulation and parking facilities within; strategies to
provide better pedestrian and bikeway linkages throughout the 115
acr-e site; strategies to enhance public access and utilization of
open space amenities as wel 1 as water -front and roar- i ne r-elated
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facilities; strategies to assist in the development of a unified
roar- i ne or- i en ted cornp 1 e•:: of public and pr. i va to cornrner-c i a 1 and
recreational activity centers; and strategies to enhance the
aesthetic and urban design quality of the open areas.
PHASE III MASTER PLANNING
Task 7.0 Dinner. Key Master Plan
Based on the selected alternative concept plan, a final roaster.
plan will be prepared documenting the pol icy r ecommenda t ions far -
each of the roaster plan e l ernen is (i . e. env i r onrnenta 1 ,
tr-an-=ipor-tation, parking, utilities, land use, urban design and
e(_onorn i c ). Each of the el ernents w i 1 1 adequately i l l ustr ate the
var- i ous plan r ecommenda t i ons in graphic ter rns wher ever
appr opr i ate.
In addition the? roaster plan w i 1 1 be camp 1 ernented by a sect i on of
planning and design guidelines which will addr-ess both public aiid
pr i vatE actions in connection with the following areas:
a. Landscape tr-eatments according to d i ffer-ent prototype
situations.
b. Shor-el i ne r•estor•at i on.
C. Paving rna ter• i a l s and standards.
d. Lighting and street fur n i tur e.
e. Graphic standards.
f. Irrigation guidelines.
cl. Maintenance pr-ocedur-es and guidelines.
h. Parking guidelines.
i. Pedestr- i an, bikeways, and dr- i veways according to
prototype situations.
Finally, a Land Management Pr•ogr•arn (LMP) will be i ncor•por•ated as
a par-t of the Master- Plan. The LMP will document r•ecommenda t i ons
pertinent to the continuation or, modification of cur-r-ent land
leases by pr- i va to businesses of City owned pr-oper•t i es. The
r ecommendat ions w i 11 address the lease ter-ms, values and special
r.egL1 i r•ernents.
The LMP will outline the most cost-effective land -use allocations
and business rn i :>:: based on projected trends of mar-ket potent i al
and support for the DINNER KEY area.
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Task 9.0 Irnplernentation Measures
Eased on the Master Plan r-ecommendat ions, an i nventor�y of the
implementation rneasur-es r-equ i r ed to satisfy the objectives of the
plan will be for rnu 1 ated. These rneasur-es will include but not be
l i rn i ted to a capital i rnpr overnen is l i st for pub t i c i rnprovernen is
based on construction cost estimates; regulatory and
adrninistr.ative actions including leases and zoning; and
i dent i f i cation of state and federal funding sources.
Task 10.0 Final Report and Appendi:.-.-.
Following the r-ev i ear and appr-oval by the City and Dinner Frey
Citizen Task Force of the Master. Plan and irnp1ementatiun
measures, a final report will be prepared documenting in both
te::::t and graph i cs the purpose of the study, a surnrnar-y of
r-ecornrnendat i ons, the methodology ut i 1 i zed i n the study, the
analysis and full body of recommendations, guidelines and
implementation strategies. Support data will be included in an
Append
bask 11.0 Illustrative Site Plan
An illustrative site Master Plan drawing, both in color- and E/W
r•epr-oduc i b 1 e, will be prepared for- purposes of ser-v i ng as a tool
i n en 1 i st i rig commun i ty support fur the Master- Plan
r•ecornrnendat i ons.
Task 12.0 Docurnentat ion
Cornpr-ehens i ve proper ty and topographical base maps w i 1 1 be
pr-epar-ed based on available pr-oper-ty maps, topogr•aph i ca 1 sur•voys
and maps, underground and overhead utility plans and aer.ia1
photographs.
In addition f i e l d surveys w i l l be per-for,med to compile complete
i nfor-mat i on r-egar-ding under-gr-ound and above ground physical
features. Vertical and horizontal controls will be established
as required.
Al 1 of the graph i s i nfor-mat ion w i 1 1 be r-ecor•ded i n F./W
r-epr•oduc i b l e for -mat suitable for- photo-r•educt i on and pr•eparat i on
of c arrnE,r a -ready ar twor-k for- the final r-epor.t. In addition, one-
of -a -kind, color- i l l ustrat i ons will be pr-epar-ed on base maps to
be utilized for pr-esentat i ons before the Dinner. trey Citizen Task
Force, any Public Hearing or- as requested by the City.
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the City will be provided with camera-ready art --work at each
milestone submission in accordance with the project schedule (to
be incorporated as a part of the contract). the City will be
responsible for the printing costs associated with both draft or
preliminary reports, as well as final report. A summary report
consisting of a reduced version of the illustrative site plan
(fold -out format) accompanied by the Master Plans summary
findings would be prepared for public/or wide distribution. The
City would be provided with camera-ready artwork and be
responsible for final printing.
Citizen Participation/Public Meetings and Hearincis
There shall be not more than two (2) public meetings during the
preparation of the planning study at which the PRINCIPAL. shall
present through graphic and verbal presentations supplemented by
summary written documentation as necessary, the study findings
and/or recommendations of the PRINCIPAL to that point. The first
meeting shall be held following completion of the PHASE II
PRELIMINARY PLANNING, TASK S - Problems and Opportunities. The
second meeting shall follow the completion of PHASE II, TASK 6 -
ALTERNATIVE CONCEPT PLANS. The PRINCIPAL shall assist the City
in presentations to the PL.ANNINb ADVISORY BOARD and City
•— Commission at public hearings for adoption of the Master Plan.
SECTION IV - CITY'S SERVICES AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following
services and information from existing CITY records and CITY
files:
A. The CITY shall provide information regarding its known
requirements for the PROJECT.
B. The CITY shall furnish all applicable base maps,
surveys, aerial photos, construction drawings, leases, planning
studies, capital improvement project information, utility and
underground maps, and data from existing records on file in the
Departments of Public Works, Parks and Planning of the CITY
pertaining to the project area. The PRINCIPAL shall not be held
responsible for they completeness or accuracy of City -supplied
information.
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C. The CITY shall be responsible for- creating a Citizens
Review Committee for. the Dinner Key Design and Development Master -
Plan. All not i f i cat i ons, scheduling, meeting space ar r-angernents
and advance pr-ov i s i on of supp 1 ernen tar-y i nfor rnat i on to the
Citizens Committee shall be the responsibility of the CITY. The
Pr-oject Manager shall coor,d i nate al l ar-r-angernents for- C i t i zees
Committee meetings and related presentations by the PRINCIPAL.
D. The CITY shall provide an inventor-y of all a> -.A st i ng
parking within the Pr o,jec t Area by type, r-estr- i c t i ons of use (if
any), location, and physical condition (paved, soft -surface, code
cornp 1 i ante, etc. ) .
E. If' the CITY PROJECT MANAGER observes or. has been
notified in writing of any fault or- defect in the PROJECT or -
nonconformance with the Contract Documents, pr-ompt written notice
thereof shall be given to the PRINCIPAL.
F. The CITY MANAGER or. his designee shall appoint a
PROJECT MANAGER to act as liaison between the CITY and PRINCIPAL,
and the PRINCIPAL shall not start work nor- incur• any expenses for -
any Phase of the WORK, special conditions or, change or-der-s
without having received written authorization from the CITY's
PROJECT MANAGER to do so. Nothing contained herein shall relieve
the PRINCIPAL of any r-esponsibility a provided under- this
Agr•eernent.
SECTION V - COMPENSATION FOR SERVICES
For profess i ona 1 and technical ser•v i ces for- the Survey and
Analysis Phase, Pr el i rn i nar y Planning Phase, Master. Plan Phase,
and Citizen Participation/Public Meetings for the PROJECT, as
outlined in SECTION III hereof, the CITY agrees to pay, and the
PRINCIPAL agrees to accept, as a full payment for- his services
the PROGRESS PAYMENT FEE of NINETY THOUSAND FIVE HUNDRED DOLLARS
($90,500).
FEE will hereinafter- be called the BASIC FEE. This oavment
will be made monthly in pr•opor-t i on to. the ser-v i ces per formed so
that the compensation at the completion of each Phase shall equal
the following percentages and amounts of the total BASIC FEE:
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0
9
ACCUMULATED VALUE
AT THE END OF PHASE Fee % % Fee
1. Survey and Analysis $269500 29.3 29.3 $26,500
2. Preliminary Planning Phase $26,500 29.3 53.6 $53,000
3. Master Plan Phase $34,000 37.6 96.2 $S7e 000
4. Direct Costs/Final Report $3,500 3.8 100.0 $90,500
SLCTION VI - SCHEDULE OF WORK
The PRINCIPAL agrees that time is of the essence in the
achievement of the PROJECT and further agrees to execute the
professional and technical services promptly and diligently and
only upon and in strict conformance with specific authorization
from the CITY MANAGER or his designee in writing. It is
understood and agreed by both parties that the following schedule
for the WORK will be strictly followed by the PRINCIPAL.
A. SURVEY AND ANALYSIS PHASE
The Survey and Analysis Phase shall be delivered to the CITY
MANAGER or his designee within seventy-five (75) calendar days
after written authorization from CITY MANAGER or his designee to
begin WORK on this Phase.
B, PRELIMINARY PLANNING PHASE
The Preliminary Planning Phase shall be delivered to the
CITY MANAGER or his designee within sixty (60) calendar days
after written authorization from the CITY MANAGER or his designee
to begin WORK on this Phase.
C. MASTER PLAN PHASE
The Master Plan Phase shall be delivered to the CITY MANAGER
or his designee within fifty (50) calendar days after written
authorization from the CITY MANAGER or his designee to begin WORK
on this Phase.
D. FINAL REPORI
The Final Report shall be delivered to the CITY MANAGER or.
his designee within ninety (90) calendar days after written
authorization from the CITY MANAGER or his designee to begin WORK
on this Phase.
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16 V
E. TIME FOR PERFORMANCE
In the event the PRINCIPAL is unable to complete the above
services because of delays r-esul t ing fr-orn Acts of God of untimely
r ev i ew and approval by the CITY and other gover nrnen to 1
authorities having ,jur- i sd i c t i on over. the PROJECT, and such delays
are not the fault of the PRINCIPAL, the CITY shall grant a
reasonable e:::tension of time for completion of the WORK. It
sJiall be the responsibility of the PRINCIPAL to notify the CITY
promptly in wr i t i ng whenever a delay i n appr ova 1 by a
g0vi:,r nrnental agency is anticipated or e::iper i enced, and to i nfor-m
the CITY of all facts and details related to the delay.
SI ('11ON V1I 1ERMINA1ION OF' AGREEMENT
The CITY r-eta►n-s the right to terminate this Agr-eement at
any t i me pr i or to completion of the WORK without penalty to the
CIrY. In that event termination of this Agr-eement shall be in
writing to the PRINCIPAL and the PRINCIPAL shall be paid for. his
services render ed in each completed PHASE pr i or- to termination in
accordance with SECTION V - COMPENSAIION FOR SERVICES, provided
however. that the PRINCIPAL is not in default under- the ter-ms of
this Agreement. If, however, the termination of this Agr-eement
occurs during an incomplete PHASE, then the PRINCIPAL_ shall be
paid at the rate of two and one-half (2.5) times Direct Technical
Salary E::,::pense for those ser-v i ces rendered in such incomplete
PHASL provided that the PRINCIPAL is not in default under- the
ter-ms of this Agr-eement. In no case however., wi l 1 the CITY pay
the PRINCIPAL a greater amount for his incomplete PHASE than
would have been paid had the termination been made at the
completion of this PHASE.
In the event of termination, all documents, plans, etc., as
set forth in SECTION XI - OWNERSHIP OF DOCUMENTS shall become the
proper-ty of the CITY, with the same provisions of use as set
forth in said SECTION XI.
S1.t.1ION V1II - PRINCIPAL'S SPELIALI�T
the PRINCIPAL. proposes to have the following specialists,
either fr-om his organization or as his consultants or. associates,
to per forrn the ser vices indicated:
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A. Cornpr-ehens i ve Planning
B. Urban Design
C. Traffic/Tr.anspor-tation
D. Economic/Market Analysis
E. Landscape Architecture
The PRINCIPAL will be responsible for all the WORK of his
own organization, and of his consultants or. associates. Nothing
contained in this Agreement shall create any contractual r-el at i on
between any of the specialists working for the PRINCIPAL and the
C:IIY. It shall be understood that the PRINCIPAL is in no way
r-e1 i eved of any r-espons i b i 1 i ty under the terrns of this Agreement
by virtue of any other pr ofess i ona 1 who may assoc i ate with him in
per forming the WORK.
c—)ECIION IX - OWNERSHIP OF DOCUMENTS
All tr ac i ngs, plans, dr-am i ngs, spec i f i cationE-i, field books,
survey information, maps, contract documents, reports and other -
data developed as a re�:ult of this Agr-eernent shall become the
property of the CI1'Y without restr iction or. I imitation on their.
use. The PRINCIPAL shall not be liable for- possible damages
r-esu1 t ing fr-orn the CITY's use of the Contract Docurnents on any
other project. It is further stipulated that all information
developed as a part of the PROJECT shall not be used by the
PRINCIPAL without written consent of the CITY.
It is further understood by and between the parties that any
i of or -mat i on, maps, contr-act documents, reports, tr•ac i ngs, plans,
draw i ngs, spec i f i cations, books or any other matter whatsoever -
which is given by the CITY to the PRINCIPAL. pursuant to this
Agreement shall at all times r-emain the proper-ty of the CITY and
0iall not be used by the PRINCIPAL for- any other- purpose
whatsoever without the wr- i tten consent of the CITY.
It is further understood that no press release or- publicity
is to be issued by the PRINCIPAL without prior. submittal to the
CITY and ►•►r• i t tern appr-oval fr-orn the CITY.
SELTION X - AWARD OF AGREEMENT
The PRINCIPAL. warr-ants that he has not employed or. r-eta ined
any company or- per sons to Solicit or- secure this Agreement, that
tie has not paid or agreed to pay any company or. person any fee,
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Comm i ss i on, percentage, broker age fee, or gifts or. any other -
considerations contingent upon or resulting from the award or
making of this Agreement.
The PRINCIPAL also warrants that to the best of his
knowledge and belief no Commissioner, Mayor or other- officer• or•
ei.riployee of the CITY is interested directly or indirectly in the
profits or- emoluments of this Agreement or the ,job, work, or-
services for- the CITY in connection with the contract or
construction of this PROJECT.
The PRINCIPAL shall not engage during the period of this
Ayr-eerrnen t the ser-v i ces of any professional or technical person
whu has. been at any time during the period of this Agreement in
tiie employ of the CITY. This does not apply to retired employees
of the CITY.
The PRINCIPAL is aware of the conflict of i nter-est laws of
both the City of Miami and Dade County, Florida, and agrees that
he shall fully comply in all r-espects with the terms of said
laws.
SLCTION XI - EXTENT OF AGREEMENT
This Agreement r-epr-esents, the ent i r•e and i ntegr•ated
Agreement between the CITY and the PRINCIPAL and supersedes all
pr. i or. negotiations, r-epr esentat ions or- Agreements, either wr• i tten
or, or,a 1 . This Agr-eemen t may be amended only by wr• i t ten
instrument by both the CITY and the PRINCIPAL.
SECTION XII - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments of transfer- of this
Agr-eemen t, or- sublet, assign or• transfer any par-t of the WORK
und�•r this Agreement without the written consent of the CITY.
This Agreement shall be binding upon the parties hereto, their
heirs, executors, legal r-epr esentat i ve, successors and assigns.
SECTION XIII TRUTH IN NEGOTIATIONS
The PRINCIPAL hereby certifies that wage rates and other•
factual unit costs supporting the compensation ar-e accurate,
complete and cur -rent at the time of contracting and that the
original contract price and any additions thereto shall be
adjusted to e::>::c 1 ude any significant sum wher-e the CITY deter -mines
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the contract price was increased due to inaccurate, incomplete or
non -current wage rate and other factual unit cost. Such
adjustments roust be made within one year following the end of the
Contract.
KF CT ION _ X IV _- _ R_I GHT_ T0__AUC_ I T_
The CITY reserves the right to audit the records of the
PRINCIPAL any time during the prosecution of this Agreement and
for a period of one year after final payment is made under this
Agreement.
Notwithstanding any other provision of this Agreement, in no
event shall the payment of the PROGRESS PAYMENT FEE under SECTION
V herein, enable the PRINCIPAL to earn a profit of more than
TWENTY PERCENT (20%) of the PROGRESS PAYMENT FEE. At the time
the final increment of that PROGRESS PAYMEN"I FEE. is due to be
paid by the CITY to the PRINCIPAL, pursuant to the terms of
VKC1 ION V herein, the PRINCIPAL_ shall submit to the CITY a
certification of his total costs incurred and profits realized in
providing the basic services as outlined in SECTION III herein.
If such certification indicates profits in excess of the maximum
set forth above, the PRINCIPAL_ shall simultaneously remit any
overage to the CITY. The CITY reserves the right to audit the
books and records of the PRINCIPAL and to adjust the amount of
any such repayment in the light of said audit. In calculating
the total costs incurred by the PRINCIPAL's own staff, the
PRINCIPAL shall use a percentage overhead applied to the DIRECT
TL-CHNICAL SALARY EXPENSE as defined in SECTION II herein. The
percentage overhead shall be equal to the actual percentage
overhead pertaining for all of the PRINCIPAL's work in the last
twelve (12) month period preceding the date of this Contract for
whiLh data is available. All services provided by subcontractors
to the PRINCIPAL shall be included at the actual cost paid by the
PRINCIPAL and the percentage overhead shall not apply.
St C'. I 1 UN XV - INSURANCE AND i'ADEMN I F I CA7 I ON
The PRINCIPAL shall not commence work on this Contract until
he has obtained all insurance required under this paragraph and
such insurance has been approved by the CITY.
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The PRINCIPAL shall indemnify and save the CITY harmless
from any and all claims,liability, losses and causes of action
arising out of effort, omission or negligent act of the
PRINCIPAL, its agents, servants or employees in the performance
of services under this Agreement.
The PRINCIPAL shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in
the name of the CITY when applicable, and shall pay all costs and
judgements which may issue thereon.
the PRINCIPAL shall maintain during the term of this
Agreement the following insurance:
A. Public Liability Insurance in amounts not less than
$100,000.00 per person and $300,000.00 per accident for bodily
injury and $50,00.00 per accident for property damage.
B. Automobile Liability Insurance covering all owned, non -
owned, and hire vehicles in amounts as indicated in Paragraph "A"
above.
C. Professional Liability Insurance in a minimum amount of
$1,000,000.00 covering all liability arising out of the terms of
this Agreement.
D. Employers Liability Insurance in amounts as indicated
in Paragraph "A" above.
L. Workman's Compensation Insurance in the statutory
amounts. The insurance coverage required shall include those
classifications as listed in standard liability insurance
manuals, which most nearly reflect the operations of the
PRINCIPAL.
All insurance policies shall be issued by companies
authorized to do business under the laces of the State of Florida;
and which are approved according to specifications of the
Property Manager of the CITY.
The PRINCIPAL shall furnish certificates of insurance to the
CITY prior to the commencement of operations, which certificates
shall clearly indicate that the PRINCIPAL has obtained insurance
in the type, amount and classification as required for strict
compliance with this Section and that no material change or.
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cancellation of the insurance shall be effective without the
thir-ty (30) days written notice to the CITY.
Cornp l i ante w i th the f or ego ing r-equ i r ernents sha l 1 not r el i eve
the PRINCIPAL of his liability and obligations under. this Section
ar under any portion of this Agreement.
SECTION XVI - RIGHT OF DECISIONS
All services shall be per -formed by the PRINCIPAL to the
satisfaction of the Director. of the Planning Depar trnen t who shall
decide all questions, difficulties and disputes of whatever.
nature which may arise under or by reason of this Agr eernen t, the
pr os�ucut i on and ful f i 1 l men of the services hereunder., and the
character, quality, amount, and value thereof, and the OIRECTOR's
decisions upon all claims, questions of fact, and disputes shall
be final, conclusive and binding, upon the parties hereto, unless
=>uch deter-m i nat i on is c 1 early arbitrary or unr•easonab l e. In the
event that the PRINCIPAL does not concur- in the ,judgement of the
CilRECTOR as to any decision made by him, the PRINCIPAL shall
present his written objections to the CITY MANAGER, and the
DIRECTOR and the PRINCIPAL shall abide by the decision of the
CITY MANAGER. Adjustment of compensation and coritr•act time
because of changes in the work that may be necessary or be deerned
desirable as the work progresses, shall be reviewed by the
DIRECTOR and the UITY MANAGER and submitted to the Citv
Commission for- appr•ova 1 .
SEC:'fION XV1I - NUN -DISCRIMINATION
A. The PRINCIPAL will not discriminate against any
employee or- applicant for employment because of race, color.,
religion, se::, or national origin. The PRINCIPAL will take
affir-mative action to ensure that applicants ar-e employed, and
the employees are treated dur• i ng employment, without regard to
their race, color, reI igion, se;:, or national or-igin. Such
action shall include, but not be limited to, the following:
Etrip l ayrnent, upgrading, dernot i on, or- transfer; r ecr u i trnent or-
r•ecr u i trnent adver- t i s i ng, layoff or termination; rates of pay or.
cjthc r forms of cornpensat i on; and sel ect i on for- tr-a i n i ng,
including apprenticeship. The PRINCIPAL agrees to post in
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lb 1
conspicuous places, available to employees and applicants for
employment, notices to be provided by the Personnel Officer
sc -tting forth the provisions of this Equal Opportunity Clause.
El. The PRINCIPAL will, in all solicitations or
advertisements for employees placed by or on behalf of the
PRINCIPAL, state that all qualified applicants will receive
c ons i der -at i on for emp 1 oymen t w i thou t regar-d to race, col or-,
religion, se;:: or national origin.
C. The PRINCIPAL_ w i 1 1 send to each labor union or
representative of workers with which he has collective bargaining
agreement or other contract or understanding, a notice, to be
provided by the agency Personnel Officer, advising the labor
union or workers' representative or the contractor's commitments
under- this Equal Opportunity clause, and shall post copies of the
notice in conspicuous places available to employees and
applicants for employment.
D. The PRINCIPAL will comply ►.fith all provisions of
E::,-ecutive Order No. 11246 of September 24, 1965, as amended by
E->::ec:ut ive Order No. 11375 of October 13, 1967, and of the rules,
regulations and relevant or-deris of the Secretary of Labor.
E. The PRINCIPAL will furnish all information and reports
required by E<:ecutive Order No. 11246 of September. 24, 1965, as
amended by E:.:.ecut i ve Order No. 11375 of October- 13, 1967, and by
the rules, regulations and order of the Secretary of Labor-, or.
pursuant thereto, and will permit access to his books, records
and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation of ascertain compliance with such
rule, regulations and orders.
F. In the event of the PRINCIPAI_'s noncompliance with the
Equal Opportunity clause of this contract or with any of the said
rules, regulations or orders, this contract rfiay be cancelled,
terminated or suspended, in whole or in part and the PRINCIPAL
may be declared ineligible for further CITY contracts in
accordance with procedures authorized in E::-::ecutive Order No.
113A6, of September 24, 1965, as amended by E.:.ecutive Order No.
11365 of October 13, 1967, or by rule, regulation or. order of the
Secretary of Labor, or as otherwise provided by law.
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.16 A)
G. The PRINCIPAL will include the provisions of XIX A
through XIX G in every subcontract or purchase order unless
e:::errpted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 304 of Executive Order No. 11246
of Deptember 2A, 1965, as amended by Executive Order No. 11375 of
October 13, 1967, so that such provisions will be binding upon
each subcontractor or purchase order as the contracting agency
may direct at a means of enforcing such provisions, including
nanctions for noncompliance: Provided, however that in the event
the PRINCIPAL becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the PRINCIPAL may request
the CITY to enter into such litigation to protect the interest of
the CITY.
SECIION XV1II - CONSULTANIS
The CITY hereby approves the following firms which the
PRINCIPAL proposes to engage to provide consulting services for
the PROJECT, as subcontractors to the PRINCIPAL:
Stresau, Smith and Stresau
1601 S. Andrews Avenue
Ft. Lauderdale, Florida
Hammer, S i 1 er & George
1111 Bonifant Street
Silver Springs, Maryland
Metric Engineering
11531 South Dixie Highway
Miami,Florida
Ron Frazier & Associates
5800 NW 7th Avenue
Miami, Florida
The PRINCIPAL shall furnish the CITY with a copy of each of
the subcontract agreements.
The PRINCIPAL shall not subcontract for other consulting
services without prior written approval of the CITY.
SECTION XIX - CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be
construed and enforced according to the laws, statutes and case
law of the State of Florida.
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A i)
IN WITNESS WHEREOF the parties hereto have, through their,
proper corporate officials, e>ecuted this Agreement, the day and
year first above set forth.
Al TEST: (_ONSUI_ T AN I
Py: —
Boerema, Ber mel 1 o, Kurk i
and Vera
ATTEST: THE CITY OF MIAMI
(a municipal corporation of
the State of Florida)
City Clerk City Manager
APPROVED AS TO CONTENT APPROVED AS 10 FORM u
CORRECTNGGS
Director, Planning DepaAment
City Attorney
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EXHIBIT "A*
' v
DINNER KEY DESIGN &DEVELOPMENT
� - - MASTER PLAN PROJECT AREA