HomeMy WebLinkAboutR-79-0174RESOLUTION NO. 79-174
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO THE ATTACHED AGREEMENT WITH JOSEPH
F. RICE, P.E. CONSULTING ENGINEER AND PLANNER
FOR A COCONUT GROVE BUSINESS CENTER PUBLIC
PARKING FACILITIES FEASIBILITY STUDY, WITH
FUNDS THEREFOR PREVIOUSLY APPROPRIATED UNDER
ORDINANCE 8719, DATED OCTOBER 26, 1977, FROM
THIRD YEAR COMMUNITY DEVELOPMENT FUNDS.
WHEREAS, Joseph F. Rice, P.E., is engaged in the business
of providing traffic and parking consulting services to municipalities
and others, and is qualified to conduct the detailed study and analysis
necessary in preparation of the Coconut Grove Business Center Public
Parking Facilities Feasibility Study and desires to perform the expert
services required under the direction of and for the account of the
City; and
WHEREAS, the third year application for Community Develop-
ment Block Grant funds submitted by the City of Miami to the U.S.
Department of Housing and Urban Development dated February 14, 1977
by Resolution 77-198 dated February 24, 1977 identified Planning
and Management Development as an eligible activity of which the
Coconut Grove Parking Study is a part; and
WHEREAS, the Miami City Commission by Ordinance 8719
dated October 26, 1977 appropriated third year Community Development "DOCUMENT
MLi T
Block Grant funds; and INDEX„
ITEM NO./1 -
WHEREAS, the Miami City Commission Resolution 78-301
dated April 27, 1978 directed that consultant services be sought
for a Public Parking Facilities Feasiblity Study of the Coconut
Grove Business Center; and
WHEREAS, the Administration's Consultant Selection and
Negotiating Committee has recommended and ranked Joseph F. Rice,
P.E. Consulting Engineer and Planner et al, first after interviewing
three firms in accordance with Florida's Consultants' Competitive
Negotiation Act of 1973; and
CITY COMMISSION
MEETING OF
/OR. $•'979
RESOLUTION NO.7�'/.7
RE MA81t&
WHEREAS, the Miami City Commission Resolution 78-666
dated October 24, 1978 authorized the Administration to negotiate
a contract with Joseph F. Rice, P.E. Consulting Engineer and
Planner et al, for the purpose of providing professional consulting
services, subject to the approval of the Off -Street Parking
Authority; and
WHEREAS, the Miami Off -Street Parking Board Resolution
78-584 dated December 20, 1978 accepted the City's choice of
consultant for the Study, subject to close liaison and periodic
reviews during the course of the Study and stipulating that the
Department of Off -Street Parking would not necessarily be bound
by the results of the Study;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached Agreement with Joseph F. Rice, P.E. Consulting
Engineer and Planner, for professional services required for a
Coconut Grove Business Center Public Parking Facilities Feasibility
Study, with funds therefore previously allocated under Ordinance
8719 dated October 26, 1977 from third year Community Development
Block Grant funds; provided that the consultant consider input
from the various Coconut Grove civic organizations throughout
the study.
PASSED AND ADOPTED this 8th day of March, 1979.
/S/ MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
RALPH G. ONGIE, CITY CLERK
APPROVED: DEPARTMENT OF MANAGEMENT AND BUDGET
HOWARD GARY, DIRECTOR
PREPARED AND APPROVED BY:
(r aw
ASSISTANT TY ATTORNEY'
APPROVED AS TO FORM AND CORRECTNESS:
G %'GE F. KNOX, JR.
CITY ATTORNEY
10:
FROM:
':ITY or MIAMI. F'L.DRIDA
1MTEi?•OFFICE i.1' MORANDUM
•
OC
Joseph R. Grassie
City Manager
Jim Reid, Director
Planning Department
February 13, 1979
s.,tur,:s Agenda Item
City Commission Meeting: March 8, 1979
Agreement for Consulting Services
Coconut Grove Business Center
Public Parking Facilities Feasibility
Study
It is recommended that the Commission approve, by
Resolution, the execution of the attached agreement
for consulting services with Joseph F. Rice, P.E.
Consulting Engineer and Planner for a Coconut
Grove Business Center Public Parking Facilities
Feasibility Study.
By Resolution 78-666, dated October 24, 1978, the Commission authorized the
Administration to negotiate a contract with Joseph F. Rice, P.E. et al, for
services pertaining to a Coconut Grove Parking Study. At that time, the
Commission requested that the Off -Street Parking Authority concur in the
choice of the con.ultant. By letter (attached) from Mr. Richard La Baw,
Director, Departmel.4 of Off -Street Parking, dated January 12, 1979, the
Off -Street Parking BL1rd passed Resolution 78-584 accepting the City's
choice of consultant wl`h certain qualifications and a stipulation. These
qualifications have been included in the Agreement. It is now in order
for the Commission to authc:-ize execution of the Agreement as recommended
per the attachment.
Funds for this study are from Planning and Management Development in the
application for third year Community Development Block Grant funds
authorized by Resolution 77-198, dated February 24, 1977 and have been
appropriated by Ordinance 8719, dated October 26, 1977.
Approved:
Dena Spillman,
Community Development Director
JR:JWM:jmm
Attachment
til`pci1'ilerui 11l QL If- t trrri aratlu1
RICHARD A. LA BAR, DIRECTOR
CITY OF MIAMI. FLORIDWY0r:11,1;;111 ;,;I;11;CpEPf
150 N. E. THIRD STREET MIAMI, FLORIDA 33132
TELEPHONE 879.0789
January 12, 1979
Mr. Joseph R. Grassie
City Manager
City of Miami
P. 0. Box 330708
Miami, Florida 33133
Dear Mr. Grassie:
Jll1, J r,
1,
333
OFF-STREET PARKING BOARD
MITCHELL WOLFSON, CHAIRMAN
MARx D. CAutmEN
ARNOLO Ru@IN
DIANNE SMITH
H. Gomoos WYLLIE
l am replying to your letter of November 22, 1978 regarding the Coconut
Grove Business Center Public Parking Facilities Feasibility Study.
The Department has reviewed the information supplied to us by Mr. Jim
Reid, Planning Director, and by staff members of your office, pertaining
to the solicitation package sent to prospective firms, submittal letters
by the top three firms and the final evaluations and recommendations made
by the Selection and Negotiation Committee.
The Department is agreeable to accept the City Manager's selection of the
team of Joseph F. Rice/Russell, Martinez and Holt/First Research Corpora-
tion/Forti Engineering Systems for this study with the following qualifi-
cations:
1. That a close liaison be maintained between Mr. Rice and the Department
of Off -Street Parking throughout the entire project.
2. That a close liaison also be maintained between Mr. Jim Reid, Planning
Director, and the Department of Off -Street Parking during the course
of this study.
3. We respectfully request several periodic reviews of the study, at
logical intervals, so that this Department and the Department's Park-
ing Consultant be kept fully Informed as the study progresses.
4. That upon completion of the final report, and after review by the
Department and our Parking Consultant, if there is a difference of
opinion to conclusions and recommendations reached in the study, that
the Department of Off -Street Parking is not in any way bound or obli-
gated by the report.
Mr. Joseph R. Grassik
Page two
January 12, 1979
I have met with Mr. Jim Reid and spoken with him several times. During
our meeting, I was able to show him data and records from our past
studies.
I have reviewed the matter with our Parking Consultant and with the Off -
Street Parking Board. At the 0ff-Street Parking Board meeting on December
20, 1978, the Board passed Resolution No. 78-584, accepting the City's choice
of consultant for the Coconut Grove study, with the qualifications as noted
above.
If there is any way this Department can assist Mr. Rice or the Planning
Department in this study, we would be most happy to do so. We have a map
showing the assessed valuation of property in the Coconut Grove Business
District and car counts which we would like to make available to the
consultants or to Mr. Reid.
Sincyely yours,
y74; ....,,,,I.A (--1--, ..-
Richard A. ;La Baw
Director --'
_l w
RAL:AHB:CP Department of Off -Street Parking
cc: Jim Reid, Director, Planning Department
Howard R. May, Conrad Associates East
•
....�«....m �..:,.�..
AGREEMENT
THIS AGREEMENT made this
day of , 1979, by and between the
City of Miami, a municipal corporation of the State of Florida, hereinafter called
"CITY" and Joseph F. Rice, P.E., Consulting Engineer and Planner, hereinafter
called "CONSULTANT";
WITNESSETH
THAT, WHEREAS, Joseph F. Rice, P.E. is engaged in the business of
providing traffic and parking consulting services to municipalities and others, and is
qualified to conduct the detailed study and analysis necessary in preparation of the
Coconut Grove Business Center Public Parking Facilities Feasibility Study and
desires to perform the expert services herein described under the direction of and
for the account of the CITY; and
WHEREAS, the third year application for Community Development Block
Grant funds submitted by the CITY of Miami to the U.S. Department of Housing
and Urban Development dated February 14, 1977 by Resolution 77-198 dated
February 24, 1977 identified Planning and Management Development as an eligible
activity of which the Coconut Grove Parking Study is a part; and
WHEREAS, the Miami City Commission by Ordinance 8719 dated October 26,
1977 appropriated third year Community Development Block Grant funds; and
WHEREAS, the Miami City Commission Resolution 78-301 dated April 27,
1978 directed that consultant services be sought for a public parking facilities
feasibility study of the Coconut Grove Business Center; and
WHEREAS, the Administration's Consultant Selection and Negotiating Com-
mittee has recommended and ranked Joseph F. Rice, P.E. Consulting Engineer and
Planner et al first after interviewing three firms in accordance with Florida's
Consultants' Competitive Negotiation Act of 1973; and
WHEREAS, the Miami City Commission Resolution 78-666 dated October 24,
1978 authorized the Administration to negotiate a contract with Joseph F. Rice,
P.E. Consulting Engineer and Planner et al for the purpose of providing professional
consulting services, subject to the approval of the Off -Street Parking Authority;
and
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WHEREAS, the Miami Off -Street Parking Board Resolution 78-584 dated
December 20, 1978 accepted the CITY'S choice of CONSULTANT for the Study,
subject to close liaison and periodic reviews during the course of the Study and
stipulating that the Department of Off -Street Parking would not necessarily be
bound by the results of the Study; and
WEREAS, the Miarni City Commission Resolution dated
1979 authorized the City Manager to execute an Agreement with Joseph F. Rice
P.E. for professional services pertaining to the Coconut Grove Business Center
Public Parking Facilities Feasibility Study.
NOW, THEREFORE, THE CITY and the CONSULTANT for the consideration
hereinafter set forth, agree and covenant, one unto the other, as follows:
SECTION I - GENERAL
A. The CONSULTANT shall carry out the WORK with all applicable dispatch
in a sound, economical, efficient and professional manner. The provisions of all
applicable Federal, State and Local Laws must be met; and
B. The CONSULTANT shall perform the professional and technical services
as hereinafter set forth and in general accordance with the instructions of the
CITY; and
C. The CITY agrees to pay and the CONSULTANT agrees to accept as
payment in full for all professional and technical services rendered as outlined in
SECTION III -PROFESSIONAL AND TECHNICAL SERVICES, hereof, a FIXED FEE
of Fifteen Thousand Dollars, ($15,000) as itemized in SECTION V-COMPENSATION
FOR SERVICES.
SECTION II -DEFINITIONS
A. CITY - is hereby defined as The City of Miami, Florida
B. CITY MANAGER - is hereby defined as The City Manager of the City of
Miami, Florida.
C. CONSULTANT - is hereby defined as Joseph F. Rice P.E. Consulting
Engineer and Planner
D. DIRECTOR OF PLANNING - is hereby defined as The Director of the
Department of Planning of the City of Miami, Florida.
E. FIXED FEE - is hereby defined as the amount of money the CITY agrees
to pay the CONSULTANT for all his professional and technical services
required to complete the WORK as defined in SECTION III, PROFESSIO-
NAL AND TECHNICAL SERVICES hereof.
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F. PROJECT DIRECTOR - is hereby defined as the DIRECTOR OF
PLANNING
t.
G. PROJECT MANAGER - is hereby defined as Joseph F. Ric^P.E.
H. STUDY - is hereby defined as the preparation of the Coconut Grove
Business Center Public Parking Facilities Feasibility Study.
I. STUDY AREA - is hereby defined as the Coconut Grove Business Center,
being that part of the City of Miami generally bounded by Oak Avenue
and Mary Street to the north and east, and SW 32nd Avenue (extended),
Main Highway, McFarlane Road and South Bayshore Drive on the west
and south (including abutting properties)
J. TECHNICAL REVIEW COMMITTEE - to be appointed by the CITY
MANAGER to include representatives of the Planning Department,
Public Works Department and Department of Off -Street Parking.
K. WORK is hereby defined as the professional and technical services to be
rendered as provided by the CONSULTANT for the STUDY as described
in SECTION III - PROFESSIONAL AND TECHNICAL SERVICES, herein.
SECTION III - PROFESSIONAL AND TECHNICAL SERVICES
The CONSULTANT in close coordination with the CITY shall perform the
following professional and technical services comprising the WORK and shall be
fully responsible for all the professional and technical aspects thereof. The CITY'S
review and approval of the WORK will relate only to overall compliance with the
general requirements of this Contract and whenever the term "Approval by the
City" or like terms is used in this Agreement, the phraseology shall in no way
relieve the CONSULTANT from any duties or responsibilities under the terms of
this Agreement and from using he highest standard of professional services and
pract ices.
PART I - PARKING AND MARKET SURVEYS
This task will initiate the STUDY by gathering all parking and market data,
for subsequent analysis. These surveys will include, but are not necessarily limited
to:
Review of all relevant studies, plans and Ordinances, for the STUDY
AREA.
Parking Space Inventory to include every foot of all block faces in and
adjacent to the STUDY AREA. In addition, all off-street Tots and
garages will be inventoried, including ownership, size, dimensions,
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encumbrances,4111,
and number of spaces. Points of entry/exit will be shown.
P
Parking rates will be obtained.
Parking Occupancy and Turnover Survey to include for a representative
day, from 6 AM - 10 PM the use of all on -street and off-street parking
spaces in the STUDY AREA, such that hourly accumulation of, and
average use by, parkers are tabulated.
Parker Curbside Interviews to include, on a sample basis, origin -desti-
nation, trip purpose, duration and walking distance of porkers. Appro-
ximately 150 interviews will be conducted and coded to coding sheets.
• Street Inventory to include the width of the trafficked way, whether one-
way or two-way, its functional classification, and traffic control devices.
• Traffic Survey using recording machine traffic counters to obtain traffic
flow data to determine the amount of traffic within the STUDY AREA at
various hours of the day. The resulting accumulation, when compared to
the curb parking accumulaiton will indicate where, if at all, removal of
curb parking would facilitate traffic circulation. It will also provide the
base information for which blocks have surplus /deficiency in parking
spaces and roadway capacity.
Land Use Inventory, using land use data, to obtain types of uses, gross
floor area by classification, and building permit data to obtain a pattern
of construction activity.
Zoning Inventory showing salient features of desired future land use.
• Economic and Market Survey to obtain, on a sample basis, gross sales,
rents and employment
▪ Land Value Inventory utilizing tax assessment rolls to impute land values.
• Non -Parker Curbside Interviews to obtain, on a sample basis, origin -
destination and trip purpose of non-parkers to determine the extent of
pedestrian traffic.
• Interviews will be held with civic and government officials, and with
development interests such as:
Peacock Treister
Harrison Goldberg
Ellenberg Institutional (FIU, Players Theater)
Environmental Recreational
All surveys and inventories will be mapped and tabulated, as appropriate.
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PART II TRAFFIC, PARKING AND MARKET ANALYSIS
This task will analyze all data obtained in Part I to deterrnine existing and
future parking demand based on traffic patterns, anticipated development and
redevelopment and market area. This task will determine if there is sufficient
parking demand to justify further evaluation of public parking facilities, or if
demand is insufficient, whether the parking situation can be improved by parking
restrictions and traffic improvements.
User characteristics will be explored. Parking in the STUDY AREA is usually
of three types:
- Point source oriented, usually valet parking, or
- Area oriented, such as the southern end of the STUDY AREA, or
- Random or casual, where the driver takes the first available parking space
Traffic charateristics will be determined. The STUDY AREA usually has two
types of traffic: through traffic and that with an origin/destination in the STUDY
AREA.
Results of the research of studies, both public and private, will be used as a
point of departure to deterrnine the probable future development pattern of the
STUDY AREA. This in turn will be measured against the existing ordinances, the
Miami Comprehensive Neighborhood Plan, the conclusions of the Planning Study for
Coconut Grove (1974), and other similar planning documents. Consideration will be
given to the impact of adjacent areas such as Dinner Key, the Marina, the new
Recreation Center, and business development to the north and west.
Parking demand for various types of businesses such as restaurants, banks and
retail shops will be reviewed and related to future demand. The potential of "spill-
over" parking areas and acceptability of trams and shuttle movement will be
defined. Street capacity will be related to parking generators. Parking
surplus/deficiency by block will be determined.
Future land uses will be simulated under maximum use conditions to
determine the impact of parking demand in the STUDY AREA. The availability of
parking (or lack of parking) may restrict development or channel development.
This will be determined in the selection of areas available for off-street parking,
either lot or garage.
An evaluation will be made to see if a combination of traffic improvements,
parking restrictions and programmed private parking facilities is sufficient to meet
future parking demand or, if demand exceeds supply, whether additional parking
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facilities are needed. Traffic.improvernents on the streets will be determined and
related to the growth pattern. Removal of on -street parking 'may become
necessary in some areas.
PART III PARKING DEVELOPMENT AND ZONING ALTERNATIVES
This task will analyze alternative sites for public parking facilities: certain
of these alternatives will be selected for subsequent analyses and a program of
staged off-street parking improvements will be prepared.
Alternative sites will be explored for land value, order of magnitude costs,
existing and projected traffic patterns and volumes, pedestrian access, potential
adaptability to ground floor retail/office uses in the parking facilities and scale
relationship to existing development. The implications of alternative sites on
requirements of the C-2A Zoning District will be explored.
Development interests will be re -interviewed (modified Delphi Technique)
Subsequently, certain sites will be analyzed further and schematically
designed. Special architectural design considerations will pertain. Where air rights
over public rights -of -way are used, pedestrian access to street crossing br'Jges
would be examined. Parking structures shall be schematically designed with a view
to their use for non -parking activity. All garages will be examined for utilization
of the first floor area cis office/business space. Public garages should be
schematically designed to facilitate their use by such community activities as art
shows, folk activities and other events. Employee parking and other long term (4
hours or more) parking needs would receive -special treatment. Joint use of
parking space ie. daytime use for shoppers and nighttime use for theatre patrons
would be recognized.
A program of staged off-street parking improvements will be prepared,
including cost estimates. The location, capacity and access points of new
facilities, both lots and garages will be finalized. Areas outside the STUDY AREA
may be included. Off -site parking with tram or shuttle connections will be
addressed.
PART IV FINANCIAL FEASIBILITY
This task will determine the financial feasibility of constructing and ope-
rating public parking facilities as outlined in Part III.
Projected useage of the facilities and their income producing ability would be
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determined utilizing a mix of office space, parking space, and possible parking
space floor rental for special events.
A development strategy package would be prepared identifying total capital
investment, pro -forma facility operation in terms of costs/revenues and financing
mechanisms. Financing mechanisms to be explored include, but are not limited to:
a) the Off -Street Parking Authority as owner -builder or operator of a
facility built by others under a (ease -purchase agreement.
b) The City of Miami as owner while the Off -Street Parking Authority
operates the facility.
c) Construction of facilities with bonds guaranteed by a local owners group
d) Private sector financing and operation
e) Special taxing district
f) Other mechanisms such as Co-ops or associations.
If a public revenue bond issue is contemplated for a recommended facility,
under any of the above mechanisms to be explored, then the CONSULTANT agrees
that a statement on feasibility, amortization and bond coverage wilt be provided,
signed by the CONSULTANT and First Research one of the CONSULTANT'S
Specialists.
PART V RECOMMENDED PLAN AND PROGRAM
The final report will be a recommended plan and program for both on -street
and off-street parking in the STUDY AREA together with salient inventories,
surveys, and analyses from Parts I-11; the program of staged off-street parking
improvements from Part 111 and the development strategy package from Part IV.
Recommendations will be prepared, as appropriate, for revising parking and
zoning requirements for commercial, entertainment, office and residential develop-
ment in the STUDY AREA as a means of ensuring a future public/private balance in
parking consistent with the Planning Study for Coconut Grove objectives and
policies. The concepts of joint parking use, remote and off -site parking would be
addressed. Reservation of specific parking areas, including their capacity and
adjustments to street system utilization, will be detailed.
The final report would be in camera-ready form, both text and graphics, for
reproduction by the CITY.
OVERALL COORDINATION
The CONSULTANT will maintain close liaison with the PROJECT DIRECTOR
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and the Departrnent of Off -Street Parking during the course of the WORK.
The CONSULTANT will meet periodically with the PROJECT DIRECTOR and
a TECHNICAL REVIEW COMMITTEE in order to review progress and products.
Presentations will be made by the CONSULTANT to the Planning Advisory
Board and City Commission at the completion of Parts 11 and IV (4 presentations).
Further, it is anticipated that no more than two presentations will be made to
Coconut Grove civic groups.
It is further understood that all artwork, photo -reproductions and photo -
reductions are the responsibility of the CONSULTANT.
SECTION IV-CITY'S SERVICES
The PROJECT DIRECTOR shall make available to the CONSULTANT, for his
review, all analysis and consultation material available to the CITY such as: all
records, statistics, studies, plans, aerial photographs and related data which are
applicable to the STUDY AREA and are appropriate for review. Representative of
the material avaialble for review is:
Municipal Atlas Sheets; scale I'=50'
Parcel maps; scale I"-200'
Aerial Photographs, scale 1"=100'
Street Inventory, by Department of Public Works
A Planning Study for Coconut Grove
• Comprehensive Zoning Ordinance Text and Atlas (excerpts)
. Narrative description of City's negotiating position on Dinner Key Marina
improvements
. Dinner Key Master Plan (excerpt)
. General Distribution Report: Coconut Grove and Douglas Road Rapid
Transit Stations
• 1978-1984 City of Miami Capital Improvement Program (for street
improvements)
. Coconut Grove Business District street improvement plans and schedule
(Departrnent of Public Works)
▪ MUATS socio-economic data for 1975 and forecasts for future years by
traffic assignment zones
▪ MCNP socio-economic data for the C-2A District, by block
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. Car counts in the Coconut Grove Business Center (frorn Department of
Off -Street Parking)
The PROJECT DIRECTOR will specifically produce, at the request of the
CONSULTANT, the following items which are not readily available:
▪ a reproducible parcel map of the C-2A District plus 200' around the
district; scale
• an original land use map, updated to 1978; classifications to be determined
by the CONSUL1 ANT, representing recent field surveys.
tabulation of building permits for the C-2A District plus 200' outside, for
the period 1975-1978
. listing from tax assessment rolls for property in the C-2A District, plus
200' outside.
. programming, keypunching and machine tabulation of parking interview
forms, not to exceed 300 forms.
The PROJECT DIRECTOR will make his best efforts to obtain, but will not
guarantee to produce, the following items.
• Schedule of events at the Dinner Key Recreation Center (Department of
Stadiums and Marinas)
• Traffic counts on major arterials (ADT) (Dade County Department of
Traffic and Transportation)
Approximately two (2) hours flying time, under the CITY arrangement for
helicopter use, for the use of the CONSULTANT
. Tabulation of major index crimes for a six month period for the Police
reporting district most nearly approximating the STUDY AREA. (Police
Department)
. Provide identification and safety assistance from Miami Police Depart-
ment
The PROJECT DIRECTOR will recommend to the CITY MANAGER the
establishment of the TECHNICAL REVIEW COMMITTEE. The TECHNICAL
REVIEW COMMITTEE will meet periodically to review the CONSULTANT'S
progress and products.
The PROJECT DIRECTOR will arrange for scheduling the CONSULTANT'S
presentations to the Planning Advisory Board and City Commission.
The PROJECT DIRECTOR will arrange for scheduling the CONSULTANT'S
presentations to the Coconut Grove civic groups.
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The CITY will reproduce copies of the CONSULTANT'S Part 11, Part IV and
final report, from camera-ready copy to be supplied by the CONSULTANT.
SECTION V COMPENSATION FOR SERVICES
For professional and technical services outlined in SECTION III -PROFES-
SIONAL AND TECHNICAL SERVICES, the CITY agrees to pay, and the
CONSULTANT agrees to accept, as a full payment for his services, a FIXED FEE
of Fifteen Thousand Dollars ($15,000).
The CITY will make a partial payment to the CONSULTANT in accordance
with the following schedule for all authorized WORK pertaining directly to this
STUDY; as follows:
A. Schedule of Payments Percent Amount
Completion of Part 1 40% $6,000.00
Completion of Part II 10% $ I , 500.00
Completion of Part III 20% $3,000.00
Completion of Part IV 20% $3,000.00
Completion of Part V
and overall coordination 10% $1 , 500.00
100% $15,000.00
B. The CONSULTANT shall submit duly certified invoices in triplicate for
approval to the DIRECTOR OF PLANNING, together with a statement that
the specific Part has been completed.
C. The amount of the partial payment due for the WORK performed shall be
an amount calculated in accordance with paragraph (A) above, less ten
percent (10%) of the amount thus determined through completion of Part
IV, which shall be withheld by the CITY, less previous payments. At the
completion of Part IV, per duly certified invoice from the CONSULTANT,
the amount being retained by the CITY shall be reduced to five percent
(5%). At the completion of Part V, the amount of partial payment due for
the WORK performed shall be an amount calculated in accordance with
Paragraph (A) above, Tess five percent (5%) of the amount thus
determined, which shall be withheld by the CITY, less previous payments.
D. The CONSULTANT shall have the right to stop the WORK if payment of
approved invoices has not been received within forty-five (45) days of
submission; except that for Part I this time shall be thirty (30) days and
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4
any lapsed time between shutdown and resumption of the WORK after
payment shall be added to the agreement duration as an automatic
extension.
E. The five percent (5%) retainage shall be paid in full to the CONSULTANT
upon satisfactory completion of the STUDY as certified by the PROJECT
DIRECTOR and after final presentation of the STUDY to the Miami City
Commission.
SECTION VI SCHEDULE OF STUDY
The Consultant agrees to commence WORK within thirty (30) days of notice
to proceed from the CITY MANAGER. The CONSULTANT agrees to notify the
PROJECT DIRECTOR of the exact date of commencement of the WORK. The
overall term of this Agreement is four (4) months.
In the event that additional work, not specified in this contract, is required to
complete the STUDY, the CITY reserves the right to negotiate the scope of
additional work with the CONSULTANT.
SECTION VII TERMINATION OF AGREEMENT
The City retains the right to terminate this Agreement at any time prior to
completion of the WORK without penalty to the CITY. In that event, terming-tion
of the Agreement shall be in writing to the CONSULTANT and the CONSULTANT
shall be paid for his services rendered in each completed Part prior to termination
in accordance with SECTION IV - COMPENSATION FOR SERVICES hereof
provided, however, that the CONSULTANT is not in default under the terms of this
Agreement. If notice of termination of this Agreement occurs during on
incomplete Part, then the CONSULTANT shall be paid for services rendered in such
incomplete Part, provided however the CONSULTANT is not in default under the
terms of this Agreement. In no case, however, will the CITY pay the
CONSULTANT a greater amount for his incomplete Part then would have been paid
had the termination been made at the completion of that Part.
In the event of termination, all documents, drawings, etc. forth in SECTION
IX - OWNERSHIP OF DOCUMENTS hereof shall become the property of the CITY
with the same provisions of use as set forth in said SECTION IX.
SECTION VIII CONSULTANT'S SPECIALISTS
The CONSULTANT proposes to have the following specialists, either from his
own organization or from other consulting firms, as his consultants or associates
perform the serices indicated, including but not limited to:
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A. Project Manager, Overall Joseph F. Rice
Coordination, Traffic and Transportation
B. Economic and Financial Manuel Gonzalez Parra of First
Research.
C. Planning and Zoning Thomas A. Dooney
D. Architectural Walter B. Martinez of Russell,
Martinez & Holt, Architects, Inc.
E. Engineering Lew Forte of Forte Engineering
Systems, Inc.
The CONSULTANT will be responsible for all the WORK of his own
organization and of his consultants or associates. Nothing contained in this
Agreement shall create any contractual relation between any of the specialists
working for the CONSULTANT and the CITY. It shall be understood that the
CONSULTANT is in no way relieved of any responsibility under the terms of this
Agreement by virtue of any other professional who may associate with him in
performing the WORK.
SECTION IX OWNERSHIP OF DOCUMENTS
All statistical analyses, specifications, survey information, reports, drawings,
maps, and other data developed as a result of this Agreement shall be delivered to
the CITY by the CONSULTANT upon completion of the WORK and shall become
the property of the CITY, without restriction or limitation on their use. It is
further stipulated that all information developed as part of this STUDY shall not be
used or reproduced by the CONSULTANT without the written consent of the CITY.
It is further understood by and between the parties that any information,
maps, reports, plans, books or any other matter whatsoever which is furnished by
the CITY to the CONSULTANT pursuant to this Agreement shall all times remain
the property of and shall be returned to the CITY and shall not be used by the
CONSULTANT for any other purpose whatsoever without the written consent of
the CITY.
It is further understood that the CONSULTANT shall issue no press release or
other publicity about the STUDY without prior submittal to the CITY and written
approval from the PROJECT DIRECTOR.
SECTION X - AWARD OF AGREEMENT
The CONSULTANT warrants that he has not employed or retained any
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company or persons to solicit or secure this Agreement and that he has not paid or
agreed to pay any company or persons any fee, commission, percentage, brokerage
fee, or gifts or any other considerations contingent upon or resulting from the
award or making of this Agreement.
The CONSULTANT also warrants that to the best of his knowledge and belief
no commissioner, mayor, or other officer or employee of the CITY is interested,
directly or indirectly, in the profits of emoluments of this Agreement or the job,
WORK, or services for the CITY in connection with this Agreement or completion
of this STUDY.
The CONSULTANT shall not engage during the period of the Agreement the
services of any professional or technical personnel who has been at any time during
the period of this Agreement in the employ of the CITY, without written consent of
the CITY.
The CONSULTANT is aware of the conflict of interest laws of both the CITY
of Miami and Dade County, Florida, and agrees that he shall fully comply in all
respects with the terms of said laws.
SECTION XI - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated Agreement between the
CITY and the CONSULTANT and supersedes all prior negotiations, representations,
or agreements, either written or oral. This Agreement may be amended only by
written instrument by both CITY and the CONSULTANT.
SECTION XII - SUCCESSORS AND ASSIGNS
The CONSULTANT team shall make no assignment or transfer of this
Agreement or sublet, assign or transfer any part of the WORK under this
Agreement, without the written consent of the CITY. This Agreement shall be
binding upon the parties hereto, their heirs, executors, legal representatives,
successors and assigns.
SECTION XIII - RIGHT TO AUDIT
The CITY reserves the right to audit the CONSULTANT'S records pertaining
to this Agreement at any time during the term of this Agreement and for a period
of one year after final payment is made under this Agreement.
Compliance with the foregoing requirements shall not relieve the CONSUL-
TANT of his liability and obligation under any other portion of this Agreement.
SECTION XIV - RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satisfaction of the
PROJECT DIRECTOR, who shall decide all questions, difficulties, and disputes of
whatever nature which may arise under or by reason of this Agreement, the
endeavors and fulfillment of the services hereunder, and the character, quality,
amount, and value thereof, and the PROJECT DIRECTOR'S decisions upon all
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4
claims, questions of fact, and disputes shall be conclusive and binding upon the
parties hereto, unless such determination is clearly arbitrary or unreasonable. In the
event that the CONSULTANT does not concur in the judgement of the PROJECT
DIRECTOR as to any decision made by him, he shall present his written objections
to the CITY MANAGER, with a copy to the PROJECT DIRECTOR; and the
CONSULTANT shall abide by the decision of the CITY MANAGER.
SECTION XIV - MODIFICATION
A. The parties reserve the right, subject to mutual assent by the
CONSULTANT and the PROJECT DIRECTOR, to modify the terms, conditions and
schedules as herein contained, as necessary and as evidenced by a written document.
SECTION XV - NON-DISCRIMINATION
A. The CONSULTANT will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin. The CON-
SULTANT will take affirmative action to ensure that applicants are employed, and
the employees are treated during employment, without regard to their race, color,
religion, sex or national origina. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer; recruitment or recruit-
ment advertising; layoff or termination; rates of pay or other forms of compensa-
tion; and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the Personnel Officer setting forth the provisions of the
Equal Opportunity clause.
B. The CONSULTANT will, in all -solicitations or advertisements for
employees placed by or on behalf of the CONSULTANT, state that all qualified
applicants will receive consideration for employment without regard to race, color,
religion, sex or national origin.
C. The CONSULTANT will 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 of 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 CONSULTANT will comply with all provisions of Executive Order No.
1 1246 of September 24, 1965, as amended by Executive Order No. 1 1375 of October
(3, (967, and of the rules regulations and relevant orders of the Secretary of Labor.
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E. The CONSULTANT will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965 as amended by Executive Order
No. (1375 of October 13, 1967, and by the rules and regulations and order of the
Secretary of Labor or pursuant thereto, and will permit access to his books, records
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
F. In the event of the CONSULTANT'S noncompliance with the Equal Op-
portunity clause of this contract or with any of the said rules, regulations or orders,
this contract may be canceled, terminated or suspended, in whole or in part and the
CONSULTANT may be declared ineligible for further CITY contracts in accordance
with procedures authorized in Executive Order No. 11246 of September 24, 1965, as
amended by Executive Order No. 11375 of October (3, 1967, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order No.
(1246 of September 24, 1965, as amended by Executive Order No. 11375 of October
13, 1967, or by rule, regulation or order of the Secretary of Labor, or as otherwise
provided by law.
G. The CONSULTANT will include the provisions of XVI A through XVI G in
every subcontract or purchase order unless exempted by rules, regulations or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1965, as amended by Executive Order No. 11375 of October
13, 1967 so that provisions will be binding upon each subcontractor or vendor. The
CONSULTANT will take such action with respect to any subcontractor or purchase
order as the contracting agency may direct as .a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however that in the event the
CONSULTANT becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency, the
CONSULTANT may request the CITY to enter into such litigation to protect the
interests of the CITY.
SECTION XVI - INSURANCE AND INDEMNIFICATION
The CONSULTANT shall obtain all insurance required under this Section and
such insurance shall be approved by the CITY.
The CONSULTANT shall indemnify and save the CITY harmless from any and
all claims, liability, losses and causes of actions which may arise out of the
CONSULTANT'S operation of this Agreement and shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits, in the
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name of the CITY when applicable, and shall pay all costs and judgements which may
issue thereon.
The CONSULTANT shall maintain during the term of this Agreement the
following insurance:
A. Public Liability Insurance in amounts not less than $300,000 per occurancee
for bodily injury and $25,000 per occurance for property damage.
B. Automobile Liability Insurance covering all owned, non -owned, and hired
vehicles in amounts of $100,000 per accident and $300,000 per occurance.
C. Professional Liability Insurance in an amount not less than $100,000
covering all liability arising out of terms of this Agreement, ending upon
completion of the STUDY..
D. The CITY shall be named as an additional insured under the policies of
insurance required in the above paragraph A as to any work performed
under this Agreement.
All insurance policies shall be issued by companies authorized to do business
under the laws of the State of Florida.
The CONSULTANT shall furnish certificates of insurance to the CITY prior to
the commencement of the WORK, which certificates shall clearly indicate that the
CONSULTANT has obtained insurance in the type, amount and classifications as
required for strict compliance with this Section and that no material change or
cancellation of the insurance shall be effective without thirty (30) days prior written
notice to the CITY.
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• •
SECTION XVII - 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.
IN WITNESS WHEREOF the parties hereto have, through their proper
corporate officials, executed this Agreement, the day and year first above set
forth.
ATTEST:
ihtxt(witness)
0(.._0—r,t_,
4
(witness).
ATTEST:
THE CITY OF MIAMI, (a municipal
corporation of the State of Florida)
BY
RALPH G. ONGIE
City Clerk
APPROVED AS TO CONTENT
PROJECT DIRECTOR
CITY MANAGER
APPROVED BY DEPARTMENT OF MANAGEMENT AND BUDGET:
r
Howard Gary, Director
PREPARED AND APPROVED BY:
ASSISTANTCITY ATTO NEY
APPROVED AS TO FORM AND CORRECTNESS
GEORGE F. KNOX, JR.
CITY ATTORNEY
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