HomeMy WebLinkAboutO-08681ORDINANCE NO, .863 __
AN ORDINANCE ESTABLISHING THE mom YEAR
COMMUNITY DEVELOPMENT titOCK GRANT Ai PLANNING,
RIVR RPRONT COMPLEX TRUST AND AGENCY FUND
ACCOUNT; PROVIDING I'OR Atm= THEREIN PROM
A R EDERAt GRANT IN THE AMOUNT Off' $40,000
AND MARLING APPROPRIATIONS "HEREtROM IN A CORRE-
SPONDING AMOUNT; i URTHEtt AUTHORT! IN(R THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH
CONSULTANT WALLACE, MCHARG, ROBERTS & TODD/
ECONOMIC RESEARCH ASSOCIATES. FOR CONSULTANT
SERVICES tN CONNECTION WITH THE RIVERPRONT
DEVELOPMENT PROJECT AT A COST OF $40,000;
REPEALING Alt ORDINANCES OR PARTS OP ORDINANCES
IN CON ':LICT HEREWITH AND CONTAINING A
SEVERABItt!'Y PROVISION.
WHEREAS, the Miami City Commission Resolution No. 77-116 dated February
10, 1977 authorized and directed the City Manager to advertise and receive pro-
posals from economic/planning firms for professional services for a Riverfront
Development Study; and
WHEREAS, the Administration's Consultant Selection and Negotiating
Committee has recommended the partnership of Wallace, McHarct, Roberts & Todd and
Economic Research Associates as first ranked firm after interviewing three firms
in accordance with Florida's Consulting Competitive Negotiation Act of 1973; and
WHEREAS, the Consultant WMRT/ERA has given approval to the attached
agreement outlining the scope of services for the Riverfront Development Study;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI:,
FLORIDAt
Section 1. The Second Year Community Development Block Grant - Planning,
Riverfront Complex'- Trust and Agency Fund Account is hereby established.
Section 2. The following appropriations are made for carrying out the
Riverfront Complex Planning Program;
Contractual Services - Vcanomic/Planning Study $40,000
Section 3, The above appropriation is based upon the following source of
revenue;
grant Second Year Community Development D
c
Grant
Legal Option/Contingencies Fund $40,000
4
Dettloff 4. The City Manager is !hereby authorised and directed to
execute an agreeMent outlining the scope of services far the Riverfront bovelop-
nmit Study between the City of Miami and the Consultant Wallace, McRarg, Roberts
& Todd/Economic Research Associates.
Section S. The City Manager is authorised to pay WMAVERA the agreed
upon fee for all professional and technical services rendered, as outlined in
the Agreement, a lump sum of Forty Thousand rollers (40,000) to be funded from
the Local Option/Contingencies funds from the Second Year Community Development
block Grant.
Section 6. If any section, part of section, pdragraph, olause, phrase,
or word of this ordinance is declared ihvalidi the remaining provisions of this
ordinance shall not be affected.
Section 7. All ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this ordinance are hereby
repealed.
PASSED ON FIRST READING BY TITLE ONLY this 14 day of
JULY 1977.
PASSED AND ADOPTED ON SECOND AND FINAL READING this 28 day of
JULY 1977.
ATTEST:
RALPH G. ONG=
CITY CLERK
PREPARED AND APPROVED BY:
#1(;1414 044C.
ROBVRT F, CLARK
ASSISTANT CITY ATTORNEY
APP AS TO PORN AND CORANCTNENS:
ri •
C ; A 14CV
gNOX, JR,
MAURICE A. FERRE
MAYOR
MIM41*VAP
#TIQ iltAttg, RECORD
PritibbeiMelt 'wept Sa m*, M'at slid
?eat 'ham
�Ieltlli, 7drie t mmry, flotilla
VA% DP fI.DNIDA
evert OP 'DUDE:
ire s. no I din
nit mei
e IRE tf t itt
city. of Miami) Plorlda
Re
ORDINANCR NO. 8t81
ip Val
hm l'e>"
wtl5hpubllthed itt edi9 hewXX ipepet to the Issues obettlt,
Augunt Si 1977
Atileent�� turther says thet the said Meath' kettle*
line Deny Rebind tea newl, spaper published at lim
in said Dada 'County, Florida. and that the ald news•
paper_ heeratotore been continuously published In
sold ir�ryade 'County rlotde. each day (except 'saturday,
Sunday and H Legal 'olidays) end has been entered as
eeebad Cleat matt -matter et the peat Witte in iatnb
in saki Dade County, Florida for a parlod at one year
best ptecedln the brit pubileation Of the attached
s�sty of ad� rtisetnentl end Attiant Cunha' eaya that
ie has neither paid not promised any petson, firth
bt Corporation any discount, 'abate, coMmissibn oe
�etuna for the pu'pose of securing this edveittsement
for publication in the said newspaper.
yed • day at.
I r _
$CAL)
y commisiton
Nord to anh sirtiscrlb
Aug1?s. ,
ate ma V. Jerbeyyr,�
otety Public, state natio) et 'Lame.
d6,.
ezp 'bite i ) 1978
me this
77
1<tTY Irrt1ANII• OISVE tOD r lse.
IMI AL DOTICE
tRyAlf tniefeu a *Ill lake rime That ad RI* MR Ji lt► 14'1i'Tha
eeittminted of MIMI, Florida HOW e Me t
ORDINANCE NO. MI
AN ORDINANCE 1"STABL1SHINa THE SECOND YEAR
COMMUNITY DEVELOPMENT MACK GRANT s PLATO
INS, RtVERPRONT COMPLEX ' TRUST AND AGENCY
MIND ACCOUNT] 'PROVIDING i`OR itevEnes THEREIN
PROM A FEDERAL GRANT IN THE AMOUNT OP lldb AS
AND MAKING APPROPRIATIONS THEREFROM 114 A1:OR•
RESPONDING AMOUNT; FURTHER AUTHOR ItINS-THE
tiTY MANAOCR TO Eacatute THE ATTACHED AGREE.
MENT WITH CONSULTANT WALLACE, MesARGi
ROBERTS i TODD ECONOMIC RESEARCH ASSOCIATES,
PON CONSULTANT SERVICES IN CONNECTION WITH THE
11iVCRPRI NT.DEVELOPMBNT PROJECT AT A COST OP
• IJ0,e011i REPEALING ALL ORDINANCES OR PARTS OP OR.
DiNANCES IN CONPL-ICT HEREWITH AND CONTAINING A
SEVERAIIILitY PROVISION.
,RALPH G. ONGI
City Clerk
Publication at this nbtice on the 1rd day bf August, 10 .
9LA .. MJ030743J
atti 13. ()hate. t' 4
tiy tangy thal
Or" a ta
:otegoing
Dada touht.
..thices and Nit .4
vtace otied the i•J
WITNESS tity .
of Mimi, not%
us ihe 106%4
`goltit no&
il copy td
91 of said
. i 447e,„
verk
MM
Y3mi
Joseph Rs GraSsi.e
City Manager
Richard Li Fosmoeh, Directot
Departhent of Planning
I 1 ..1. )
1y 5, 1977
41
Riverfront bevelopMent Study
City Commission Agenda
July 14, 1977
The attached Resolution for City Commission consideration authorizes
and directs the Administration to execute the enclosed contract for
the Riverfront Development Study between the City of Miami and the
consultant partnership of Wallace, McHarg, Roberts & Todd and Economic
Research Associates. The consultant was selected on a competitive
basis by a Consultant Selection Committee consisting of:
Martin Fine
Dena Spillman
Roy Kenzie
Jim Connolly
Joe McManus
The economic/planning study will examine the Miami Riverfront from the
mouth of the Miami River to Lummus Park. The objective is to ascertain
the economic feasibility for a fish/farmers/produce market or other
retail facilities and marina facilities within the study area with spe-
cial consideration to potential sources of project funding from both
the public and private sector.
The Riverfront Study is being funded in the amount of $40,0
00 with
Local Option/Contingencies funds from the second year Community Devel-
opment Block Grant as authorized by City Commission Resolution #77-116
on February 10, 1977.
1
•
•
•
■
•
AGltI;E MEN T
g AGREEMENT made this day of 1071 by and between the
City of Miami, a municipal corporation of the State of Florida, hereinafter called
"CITY" and Wallace, McHarg, Roberts & Todd, architects, landscape architects, and
urban planners, a Pennsylvania partnership, of thi.ladelphia, Pennsylvania, hereinafter
called 'CONSULTANT;"
Resolution No. approved the solicitation of consultants for Miami Riverfront
Development Study,
WHEREAS, Wallace, Mcllarg, Roberts & Todd is a partnership engaged in the business
of providing planning services to municipalities and others and Economic Research
Associates who will be economic subconsultants are qualified to conduct the detailed
study and analysis necessary in preparation of an economic and planning study of the
Miami River, and desires to perform the expert services therein described under the
direction of and for the account of CITY; and
WHEREAS, the Miami City Commission Resolution No. 77-116 dated February 10, 1977,
authorized and directed the City Manager to advertise for and receive proposals from
economic/planning firms for professional services for a Riverfront Development Study;
and to negotiate a contract with the highest qualified firm for said professional and
technical services.
WIIL•'REAS, the Administration's Consultant Selection and Negotiating Committee has
recommended WMRT/ERA as first ranked firm after interviewing three firms in accordance
with Florida's Consulting Competitive Negotiation Act of 1973.
NOW, THERR1.1'ORE, TILL CITY and the CONSULTANT for the considerations 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
1'L'eral, State and Local Laws must be met; and
The CONSUI.'I'ANT shall perform the professional and technical services as here-
inafter set forth and in general accordance with the instructions of the CITY; and
The CITY agrees to 1,ay and the CONSULTANT agrees to accept as payment
in fuli;for all professionaland technical serVicus tendered as outlined in SECTION III -
PROFESSIONAL AND TECHNICAL SERVICES, hereof; a total
($4O,000.00) as itemized in SECTION V COMPENSATION FOR SERVICES,
SECTION It - DEFINITIONS
A. CITY - is hereby defined as The City of Miami, Fiori.da,
I3, CITY MANAGER - is hereby defined as The City Manager of
CONSULTANT - is
Research Associates,
COUNTY is hereby defined as Dade County, Florida
DIRECTOR OF PLANNING - is hereby defined as The Director of the Department
of the City of Miami, Florida.
of Planning
fee of Fotty Thousand Dollars
13. 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, SCOPE OF PROFESSIONAL SERVICES hereof.
PROJECT - is hereby defined as the preparation of the Miami Riverfront
Development Study.
11. PROJECT STUDY AREA - is hereby defined as the area bounded by the NW Avenue
bridge I-95 feeder and Miami Avenue bridge; SW 6 Street and South River Drive; map
attached and incorporated herein.
STATE - is hereby defined as The State of Florida.
WORK - is Hereby defined as - the professional and technical services to
be rendered or provided by the CONSULTANT for the PROJECT, as described in SECTION III -
PROFESSIi..NAL AND TECHNICAL SERVICES, herein.
K. PROJECT DIRECTOR - is hereby defined as the DIRECTOR OF PLANNING
SECTION III - PROFESSIONAL AND TECIHNICAL 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 the highest standard
or profe!isional services and practices,
PARE' I : Market A1talys i ;
A On the basis of socio-economic and other existing data sources, potential
markets for alternative retail, tourist and marine -oriented uses, including housing
and recreational, will be reviewed, The CUNSULTAtiT will assemble and organize avail,,
able data on previous public and private plans, proposed public and private improve
meats and existing data on market conditions and trends.
R� Proposed Specialty Center Development
The it►aeni tulle of the primary and secondary sources of market support for
proposed developments will be determined. This will include an evaluation of local
market support from neighboring communities as well as the potential available from
visitors and tourists to the area.
C� The entertainment offering, facility mix and operating experience of comparable
major specialty shopping center developments will be evaluated with consideration to
comparable developments in South Florida. These data will include current information
on sales per square foot, by type of space, size of facilities and available parking,
together with a complete narrative description of each center. The CONSULTANT shall
prepare a representative tenant list of potential user types and suggestions as to
their origin.
D. Visitation and expenditures at the proposed development will be projected on
the basis of market analysis and facilities planned for inclusion. This analysis will
be based on a comparable analysis of specialty center penetration rates by area of
market support together with data concerning typical expenditure patterns found at
representative specialty center.
L. Sizing requirements for the project Ly tenant type as well as suggestions
for total program content, including lease rates, entertainment and advertising and
promotional needs will be determined. This portion of the study will provide for
either a project consisting of new construction or one related to the restoration of
existing facilities.
F. Proposed Marina(s) Development
The CITY proposes to engage a separate consulting firm to undertake a marina
study focusing on CITY owned property and marinas. That study will assume that there
is an overwhelming demand for slips and will investigate the economic feasibility of
further marina development. The marina study will commence at approximately the same
time as the study proposed under this contract and will be completed in approximately
two months. The two studies should proceed concurrently and will be fully coordinated
with a fun exchange of information,
u, The marina(s) study, to be undertaken under separate contract, will provide
timely information on gross demand for marina facilities, annual boat sales in Dade
County, and classification of boats by type and size in Dade County, The Marinas study
will provide information on CITY -owned marinas, County -owned marinas, and selected
3,
private Ma
orientation and
tOhl fti.i
the CITY.
11,
t �f e,r 'f .1 t '• s:
tir'ie�Frr�.'V fhiorru.it itrrr not provided by
,f t.it► tt:.lII.'IJetaT, will he (,rr)Video by
`i'Iu+N: tit.l'AN'I` wt 1'1 te'Vi`i.,, 1I. Ittfiitfn.tiitr 1 tihrl
1101 t leyll.e t (10111,1ntI (1fti,ttt I' ij (,it
proVided f h a
above and project pro -
Facilities within the site area, The
CONSULTANT will prepare, i 1' appropriate, the oh -site potential for marina facilities
by location total number of slips, by size, rate structure and supporting facilities,
either under public or private ownership, being cognizant of Federal, State, County
and City'restrictions and will coordinate recommendations With the marinas consultant
and the City Department of Public Facilities,
PART II: Site Analysis
The CONSULTANT will evaluate sites on the basis of the following criteria
for the proposed specialty center and marina(s) developments, however attention will
be given in this evaluation to potential sites for further development which may re-
sult as a consequence of these proposed development projects.
A. Sites will be evaluated on the basis of accessibility by different means of
transportation. Particular attention will be given to their relationship to the pro-
posed mass rapid transit; Downtown people mover station locations, Government Center,
Convention Center and other existing and proposed major facilities. This analysis
will also include considerations for pedestrian movement, particularly from major
activity center, particularly the Downtown ar..: proposed projects.
13. Sites will be evaluated for their ability to adequately accommodate parking as
well as'potential multiple use of parking and access from parking areas to activities.
Consideration will also be given to the more efficient utilization of existing parking
areas,
ites will be evaluated for potential linkages with surrounding activity
centers and major proposed projects.
Sites will be evaluated for potential impacts on existing neighborhoods and
the Downtown, both in terms of potential spin-offs and multiplier effects as well as
additional traffic generation, scale of development and disruption of existing businesses
and/or residents and their potential for relocation within the area.
1:. ' Sites will be evaluated on the basis of costs, including land acquisition, re-
iocation, clearance and construction or rehabilitation, Additional considerations will
be made tor the timing of development, particularly as it related to cooperation of
I:ropei•tty owners, numbers of owners whose consent must be reached as well as other legal
considerations related to property acquisition and disposition,
4.
F, Sites will be evaluated on the basis of environmental factors, particularly
as they relate to the heed for dredge, fill, and hutkheading permits and flood criteria.
In addition, aesthetic considerations, such as visibility and views, image, surrounding
character and pattern of development will also be evaluated for each potential site.
Existing environmental regulations in the Miami Ordinance pertaining to waterfront
development should be considered.
;. Sites will be evaluated on the basis of market and physical considerations
related to size, reuse potential of existing bUiidi.ngs, water orientation, adjacent land
uses and supporting facilities,
I'ART tII: Vinaneia.l Analysis
Proposed Specialty Center Development
A. The financial performance of the overall project will be analyzed relative to
an owner -operator development. This analysis will include anticipated revenues, expenses,
building costs and pro forma financial analysis,
13. Employment generated by the project will be determined together with a discussion
of available funding sources based on the experience of other centers.
Proposed Marina(s) Development
C. Financial evaluation of proposed marina will focus on pro forma analysis of
marina and establish revenues by source and operating and development costs.
D. Evaluation of financial alternatives to include analysis of financial feasibility
under public and private ownership and operation, public ownership of land, public owner-
ship of both land and marina facilities will be conducted by the CONSULTANT and funding
sources for these alternatives will be identified. The analysis will also focus on
establishing the required levels of public and private investment and appropriate rates
of return under each alternative.
PART IV: Land Use Analysis
A. On the basis of the existing and proposed framework of public investment within
the study area and on an evaluation of linkages between, and potential spin-offs from
projects, as well as on the feasibility of development of alternative retail, tourist
and water oriented uses, a land use plan with specific reference to retail, tourist,
marina, housing and recreational utilization and appropriate urban design guidelines
consistent with the framework of public investment will be developed.
•
(insistent With the land use plan in A (above) a proposed deVelopriient pi-bcj am
focusing oh speCialty centers and mating development will be allocated on the selected
development site(s) in order to establish appropriate guidelines for the disposition
and development or development and lease of parcels related to considerations such as
hulk, height, building envelope, easements and setback_;, parkiny and open space red
quirements, waterfront edge treatment, pedestrian access, thematic content, views and
climatic factors: Illustrations will be prepared to suggest the potential developttleht
ch trat t:e t
of a
of the proposed facilities.
Om V: Preparation of Developers Package
One of the products expected from the preceeding analyses is the preparation
package of informative materials to be furnished to prospective developers. This
infotmation will consist of, in addition to other appropriate supporting data, extracts
of the analysis of market potentials and financial pro forma. Further, the developer's
package will describe the background to the project, the environment within which the
proposed project(s) is located and other relevant items. It is recognized that this
Developer's Package represents a "sales tool" whereby the CITY communicates the im-
portance of the private developer's responsibility to the success of the project in
expectation of securing for the private development role the most qualified developer.
PART VT: Project Staffing
It is agreed and understood that personnel assignments shall be in accord with
the attached Manning Table. No changes in assignment will be made without written con-
sent otthe PROJECT DIRECTOR. It is agreed that Ms. Dalrymple will spend a minimum of
two weeks in Miami.
PART VII: Execution of Work
A series of three workshops will be held at the following decision points in the
:study to include ERA's Project Manager, WMRT's Project Director and City representatives:
Designation of opportunity areas and alternative development concepts.
Site selection and development program.
Development plan and implementation program
The workshops shall be one and u►ue-half months apart and for each workshop the
CONSULTANT shall have completed the following work tasks:
Workshop I - Review of previous plans, proposed public and private
improvements, and compilation of existing data on
market conditions and trends.
Workshop II Site analysis and market analysis
Workshop III - Land use analysis and financial analysis
P1;r:3oon J of both con: ulring firths will be present for all workshops,
41
SECTION....IV._` CTTY',S SERVICES
The PRO,7ECT DIRECTOR shall make available to the CONSULTANT for his t VitW4 ail
analysis acid consultation mat:etial available to the CITY such ast all records) statistics,
studies;, plans and related data which are applicable and appropriate, including economic
data available from the CITY'S Watson Island and Convention Center ptojects but shall not
relieve the CONSULTANT of his responsibility to obtain local economic data where necessary.
and/or appropriate.
The PROJECT DIRECTOR shall be responsible for the establishment of a citizens com-
mittae to incltde affected property °whets, bUii.tresshicn th:! C'oUPCJ1 and other
int:erestea parties.
The CIT'•' shall provide the CONSULTANT with information from its current Marina
Development Study as applicable and will arrange for meetings with both consulting groups.
SECTION V - COMPENSATION FOR SERVICES
For professional and technical services outlined in Section III - PROFESSIONAL AND
TECHNICAL SERVICES, the CITY agrees to pay the CONSULTANT a total ,fee of Forty
Thousand Dollars ($40,000.00).
The CITY will make a monthly partial payment to the CONSULTANT in accordance with
the tollowing schedule for all authorized work pertaining directly to this Project per-
formed during the previous calendar month as follows:
A. the CONSULTANT shall submit duly certified invoices in triplicate for approval
to the DIRECTOR OF PLANNING, together with a progress report of work accomplished.
B. The amount of the invoices submitted shall be the prorated amount due for all
work performed to date under the terms of the Agreement, determined by applying the
percentage of the work completed as certified by the CONSULTANT and as approved by the
DIRECTOR OP PLANNING to the total sum due for the work.
C. The amount of the partial payment due for the work performed to date shall be an
amount calculated in accordance with paragraph (13) above, less ten percent (10%) of the
amount thus determined, which shall be withheld by the CITY and less previous payments.
D. The CONSULTANT shall have the right to stop work if payment of approved invoices
has not been received within sixty (60) days of submission.
1:. The ten percent (10%) retainage shall be paid in full to the CONSULTANT upon
satisfactory completion of services as certified by the DIRECTOR OF PLANNING,
•
lOetOst oh Retainac.4e
lhcotporated into and a (gart
of the f ikt,d fee shall be
a charge Of teVeh
pt2rceht (7t) pet antrum to covet the cost of t-etention money withheld over the duration
of this Agreement. This charge shall be computed on a simple interest basis and shall
not alter the total fee contained herein of $40,000,00 nor the Seope of SerViCes as
defined in SECTION III.
SECTIOt4 VI - SCHEDULE OF STUDY AND FORM OF RETORTS
A. :Schedule of Study
The Study schedule calls for three Phases, each of one (1) month duration, ft&
total of three (3) months. The CONSULTANT agrees to commence WORK within thirty (30)
days of hotice to proceed from the CITY MANAGER. The overall term of this Agreement,
as four (4) months is to allow for CITY review of phased work.
B. Forms of Reports
The work products expected as part of this contract are as followsi
1. A summary overview of the Miami Riverfront Plan including maps.
2. Detailed economic analysis for the feasibility of the projects
identified as a result of this study.
3. All working papers associated with Items 1 & 2 above.
SECTION VII - TERMINATION OP AGREEMENT
The CITY retains the right to terminate this Agreement at any time
prior to com-
pletion of the WORK without penalty to the CITY. In that event, termination of this
Agreement shall be in writing to the CONSULTANT and the CONSULTANT shall be paid all
fees and expanses incurred prior to termination and direct resultant terminal expenses.
In the event of termination, all documents, drawings, specifications, etc., shall
be delivered to and become the property of the CITY.
SECTION VIII - OWNERSIHIP OF DOCUMENTS
A11 statistical analysis, specifications, survey information, reports, plans, draw-
ings, 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; Agreement shall not be used by the CONSULTANT
without written consent of the CITY.
■
SFOTfo4 LX ' AWARD OF AGREEMENT
The CONSULTANT warrants that he has not effiployed or retained any cotipahy or persons
to solicit or secure this Agreement and that he has hot paid ot agreed to pay any company
or person any fee, commission, percentage, brokerage fee, ot gifts of any other kind con-
tingent upon or resulting from the award of making this Agreement.
The CONSULTANT also warrants that to the best of his knowledge and belief no com-
missioner, 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 the Agreement or construction of this Project.
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.'
SECTION X - 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 amendod only by written instrument by
both CITY and the CONSULTANT.
SECTION XI - SUCCESSOR AND ASSIGNS
The CONSULTANT team shall make no assignment or transfer of this Agreement or sub-
let, 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
heir, executors, legal representatives, successors and assigns.
SECTION XII - RIGHT TO AUDIT
The CITY reserves the right to audit the CONSULTANT'S records pertaining to this
Agreement at any time during the prosecution 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 CONSULTANT of his
liability and obligation under any other portion of this Agreement.
SECTION XIII - RIGIHT 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 prosecution and fulfillment
of the services hereunder, and the character, quality, amount, and value thereof, and
the DIkECTOR'S decisions upon all claims, questions of fact, and disputes shall be Con-
clusive and iiindirig 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
9.
the fiO tCT f)tkrCTOR as to any decision trade by hilt►, he shall Present
jedtioiis tc the CITY MANAGER, with a coPy to tlue tioJEC7' hIRI;CTOR; arici the CONSULTANT
shall abide by the decision of the CITY MANAGER,
SECTION XIV = ARBITRATION
r111 claims, disputes and other matters in questiohs arising c tit Of or relating to
this Agreement, ihciudi.nq interpretation of the breach thereof, shall be decided by
arbitration in accordance with the Abritration Rules of the American Arbitration Associa-
tion then obtaining. This Agreement to so arbitrate shall be specifically enforceable
under the prevailing arbitration law. Notice of the demand for arbitration shall be filed
in writing with the other party to this Agreement and with the American Arbitration As-
sociation and such demand shall be made within a reasonable time after the events, giving
rise to the claims, dispute or matter in question.
SECTION XV - MODIFICATION
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 XVI - 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 CONSULTANT 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 origin. Such action shall include, but not be limited to, the following:
I::nhloymeut, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; 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 Per-
sonnel Officer setting forth the provisions of this Equal Opportunity clause.
fi. 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 con-
sideration 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' re-
l,re;:entati.ve of the contractor's commitments under this fclual Opportunity clause, and
Beall post copies of the notice in conspicuous places available to employees and applicants
for employment,
10.
The CONSULTANT will comply with ail provisions of Executive Order toa 11246 of
Suptembet 24, 1965, as amended by Executive Order No. 11375 of October 13, 196 i and of
the rules, regulations and relevant orders of the Secretary of Labor,
L'. The CONSULTANT will furnish all information and reports required by Executive
Order No, 11246 of September 24, 1965 as amended by Executive Oder No, 11375 of
october 13, 1967, and by the rules and regulations and order of the Secretary of Labor
cc- pur:;uint 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.
E', In the event of the CONSULTANT'S noncompliance with the Equal Opportunity 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 de-
clared 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 13, 1967, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order No. 11246 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 non-
compliance: 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 XVII - INSURANCE AND INDEMNIFICATION
The CONSULTANT shall not commence work on this Agreement until he has obtained all
insurance required under this Section and such insurance has been 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 connec-
tion therewith and shall defend all suits, in the name of the CITY when applicable, and
shall tray all costs and judgements which may issue thereon. the CONSULTANT shall maintain
11.
durihq alto tetfl of this AytueMent the following insurance:
5Uhl is Liability Insurance in athounts not less than Si00,000 ti•Of
l)etsbn and $300, 000 per accident for bodily injury and $25 )000
)er accident for property damage,
AUtotnobile Liability Insurance covering ail owned, non=ownedi and'
hired Vehicles in amounts as indicated in Paragraph A abovei
CY;, professional Liability Insurance coVering all liability ari.8it14'
out of the terms of this Agreement. Such policies are identified
Ahd copies attached hereto as Exhibit A to this Agreement.
he CITY :;hall be named as an additional insured under the policies
of insurance required in the above paragraphs A and 13 as to any
work performed under this Agreement.
The insurance coverage required shall include those classifications, as listed'in
standard liability insurance manuals, which most nearly reflect the operations of the
CONSULTANT.
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 com-
mencement of operations, 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.
SCTIOU :•:VIII - CCOils'1'RUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be construed and enforced accord-
ing 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:
ATTEST,.
City Clexk
APPROVE -
project 04 ci;Cfgr.
WALLACE, McHARG, ROBERTS & TODD/ECONOMIC RESEARCH ASSOCIATES
PY;
TtiE CITY OF MIAMI, (a municipal corporation
of the State of Florida)
PY;
City Manager
APPROVED AS TO FORM & CORRECTNESS
City Atterney
11111 11n
i
hill
s
i
11111111
David A. Wallace
Partner -in -Charge:
Boris Dramov
Project DireCtOr
Alyn Pruett
Secretarial/Clerica
TOTAL
Don Stewart
Project Manager
Sharon Dalrymple
Secretarial -Clerical
TOTAL
■
STAFFING PROJ.`:.'C:'1 IONa r urt el.,A.._ —.—
WALLACE, MCHARG► ROBERTS & TODD
Hours per Week
1 2* 3 4 5 6 8 9
16 3 3 3 8 16 3 3. _
40 40 16 8
ECONOMICS RESEARCH ASSOCIATES
Hours Per Week
*Workshops in Miami with Miami City Departments and Task Ford
(Milestone Decision Points)
'@"I"C1'NP'IIIII!II''11111!I''III,pI1l11gIlII111111IIII�'nllll;ll,IIIIIIIII,i��II�IIIII1 91�9III,Ig1III11,1III'1IWII1IIIIIIbII1,111111111l,IM
IIIII IIIII
IIIII I
';I IIII°I
If;l II''ill1'I
II I�lill,ljl,li'III' II
111
10
3 . 3
11
111
11111111/1
l' j
� I
I1 II i
I 11� I I I I �� III�l� ail iI I�iII
11
12
111111
13* 1_ti
8 16 3.
16
4111-II�
• ``
—
•
'v" ~''• i3'j+1 Ij -; `jillj'li Ij1 1 _1 '11
ill;-17T
li
i ;;I.! 111". :,llii ;�,, il11I '!11s�
-� i 1 1iill �' 1 I 1 1 r ilr,-i1 r I; `e-
f;; 1iIiIiIIlL iii_dt _ .1!I1l__l_I
i 11 i TTI,Fil -TTfilm:5 1111
1�l
I;' -
li 111 Ii,,, it LW,i .!�"':
•
s•
LUMMUS
PARK
I .; coM ERC&PLEtZLi
4 <:�r
l
pli�liljlizil{i =,
Li,111 ad�111��=
j TEATK,1 C(3�NMiiilff if
-t, IVEIRFROUTiPARK_
I111I1•111 I111 111l.-1
}.ii "
IT I T
11 ill
• 1 . it I
STUDY AREA MAP
UM an
fill
Proposed Public Projects
Study Area Boundary
1IJJJIO1
0- 2L0
-1i
CITY OF u:Aur
PLANNING DEPT
JANJARY r977
T
�1�11J �l
1ll1w 11
iv
1il
II ii111 I. I+11-;.; I17 1; i
I
{'�11!)j111(liili!Illilll�ii,ii111iiliiiiI tiii�171l111l►111 I11 i 1
pIBl�lll'fQIIIIII
111010 TRANSIT� {
NEW idI.'l1 AVE LIZ.:1(-
11::fal;j0
MAN( R;VCR Cfi05t1";0
11
-..:° MIGIVER t• 1
4 4;.;-f---_—it'LLLLLLLLLZ/--:'''r•r—,..Ls.::_j
IT ICI 1 i11 I <'7 �'
I.
i1- 11iI11,l i 7-llr`��
1
SYSTEM L:1i
,^` If Mili d
11".r I " 3 alfiri ui "'!,
:4
iS-
0 200 4u0r r'�
•
1
1
j ''1r111 I t1l .1liii ;111111:, F;I�li1 "►1 . �►
, '�:,i ;.
�g^� I. ' S' < suit •
cis
i 1(1 (!11T ' 1
.,
+11 1i(I'
«IEft, (! Miff II i i!s!I!�II 1"I
r „
-��
rami 11, I -=L - `—��.
1 ITIT
r
G
.-
"_l�-; Ptcpcsed PUb1 is Frc ccts ; r4, �`
— S►udy rireu 6cunaary �, - . ,
J:.N•JARY IS'T