HomeMy WebLinkAboutReso 2015-2394 RESOLUTION NO. 2015-239`1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE
SECOND AMENDMENT TO THE AGREEMENT WITH BELL
DAVID PLANNING GROUP, INC. FOR ADDITIONAL
PLANNING AND ZONING SERVICES, IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS ($175,000.00), ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
SECOND AMENDMENT TO THE AGREEMENT; PROVIDING
THE CITY MANAGER AND THE CITY ATTORNEY WITH
THE AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 21, 2013 via Resolution No. 2013-2148 the City Commission
approved an Agreement with Bell David Planning Group, Inc. to provide planning and zoning
review services throughout the year for projects through the Site Plan Process that are billable to
the developer at no cost to the City; and
WHEREAS, on November 20, 2014 via Resolution No. 2014-2342 the City Commission
approved the First Amendment to the Agreement with Bell David Planning Group, Inc. for
Planning and Zoning Review Services, in an amount of One Hundred Twenty-Five Dollars
($125.00) an hour, in an amount not to exceed Forty-Five Thousand Dollars ($45,000.00), for in-
house projects and for on-call services that are billable through the cost recovery of the Site Plan
Process.; and
WHEREAS, City staff will now be utilizing Bell David Planning Group to provide
additional planning and zoning services throughout the year including the Evaluation and
Appraisal Review Report of the City Comprehensive Plan, replatting of Gateway and Heritage
Parks, and a Transportation Master Plan, in an amount not to exceed One Hundred Seventy-Five
Thousand Dollars ($175,000.00), bringing the total contract amount not to exceed Two Hundred
Twenty Thousand Dollars ($220,000.00); and
WHEREAS, the City wishes to approve the Second Amendment to the Agreement with
Bell David Planning Group, Inc. for the purpose of providing additional planning and zoning
services throughout the year, in an amount not to exceed One Hundred Seventy-Five Thousand
Dollars ($175,000.00), attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Second Amendment to the Agreement. The City Commission hereby
approves the Second Amendment to the Agreement with Bell David Planning Group, Inc. for
R2015-Bell David Planning Srvs 2nd Amd to Agmt
additional Planning and Zoning Services, in an amount not to exceed One Hundred Seventy-Five
Thousand Dollars ($175,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Second
Amendment to the Agreement.
Section 3, Authority of City Manager and City Attorney. The City Manager and the City
Attorney are authorized to do all things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effec 've upon adoption.
PASSED AND ADOPTED this 16th day of April 2015. '+
Georg H. Scholl, Mayor
ATTEST:
Jane A. Hines,.MMC, City Clerk
APPROVED AS TO FORM
AND ./LA UFFICIENCY:_..,
rio
,� "'ot, 'ity Attorney
Moved by: Lul1J
Seconded by: Vi Ce GATT°
Vote: 5-O
Mayor Scholl V(Yes) (No)
Vice Mayor Gatto /(Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman Yes) (No)
Commissioner Levin V (Yes) (No)
R2015-Bell David Planning Srvs 2nd Amd to Agmt
5°""Y'SFS SECOND AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
BELL DAVID PLANNING GROUP, INC.
CONTRACT NO. C1415-049
OF SUN
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
and BELL DAVID PLANNING GROUP, INC., executed this day of
2015, is made a part of the original Agreement between the parties dated November 21, 2013, ("the
Agreement"), between the City of Sunny Isles Beach ("City") and Bell David Planning Group, Inc.,
("Con.sultant" attached hereto as Attachment "B" whose Federal Identification #
is r5 - . The City and Consultant hereby agree as follows:
1. ADDITIONAL SERVICES TO BE PERFORMED. Section 2 of the original Agreement
is hereby amended to include additional services associated with Evaluation and Appraisal Review
Report of the City Comprehensive Plan, replatting of Gateway and Heritage City parks and
Transportation Master Plan ("TMP"), ("Additional Services"), as set forth in Consultant's proposal, a
copy of which is attached hereto and incorporated herein as Attachment"A".
2. ADDITIONAL COMPENSATION. The payment to Consultant, as set forth in Section 5
of the original Agreement, is hereby amended to include additional compensation for the Additional
Services in an amount not to exceed One Hundred Seventy Five Thousand Dollars ($175,000.00)
bringing the total contract in an amount not to exceed Two Hundred Twenty Thousand Dollars
($220,000.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated November 21, 2013
shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions
contained in this Second Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other document
or attachment, including but not limited to Attachment"A" or`B".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS: BELL DAVID PLANNING GROUP, INC.
Signature
ttAteClj BY: '
Cl/44`J Alex A. David, AICP, Vice President
Print Name
ATTES CITY O SUN Y ISLES BEACH
BY: ;2ll0 i' BY:
Jane A Hine , MMC, City Clerk Geor H. Scholl, Mayor
APPROVE P : : T I FORM AND
LEGAL . 1 t '1 l
BY �,Ld
Han":�inot, City Attorney
I
"r.v
„-
BELL DAVID PLANNING GROUP, INC
Navigating Florida's Planning Requirements DR AF u
Ms. Claudia Hasbun, City Planner
City of Sunny Isles Beach
18070 Collins Avenue, 3rd floor
Sunny Isles Beach, FL 33160
March 20, 2015
Proposal for City of Sunny Isles Beach Transportation Master Plan and Collins Avenue
Corridor Traffic Analysis Study Methodology
Scope of Services/Price Proposal
Bell David Planning Group is pleased to submit this proposal Transportation Planning and Traffic
Analysis Services. BDPG will utilize The Corradino Group as its Sub-consultant for this project.
1. OBJECTIVE—Transportation Master Plan
The objective is to study the existing and future conditions of the transportation system within the
City of Sunny Isles Beach, including the roadway network, the transit system, the pedestrian and
bicycle network and parking system to determine how each functions, interacts with the existing
and future land uses, and can be improved to enhanced desired mobility in the community.
This will be done by examining the existing transportation conditions in the City, by looking at
roadway,transit and non-motorized levels of service today, and in two planning horizons. It would
engage the public in the generation of transportation solutions. As a result a project bank of multi-
modal solutions will be developed. Likely costs for these will be developed and the projects will
be prioritized and placed in an implementation plan.
TASKS
Task 1: Public involvement
Engaging the public and incorporating public input is a multi-level process that takes place
consistently throughout the duration of the plans development. This task will focus the project,
pointing it in a direction which is most useful to citizens, staff and elected officials. It is through
this task that an understanding of what is wanted and what the perceived weaknesses in the
system are. Many of these desires and weaknesses will be tested in the data collection and
analysis task.
1
Bell David Planning Group
1019 NE 104th Street Miami Shores, FL 33138
SIB TMP and CTA 031815
ATTACHMENT "A"
DRAFT
The public involvement process begins with the formation of a steering committee made up of
members integrally knowledgeable and involved in the process. Next, stakeholders representing
a diversity of interests are identified and consulted individually. Concurrent with the technical
work of data collection and analysis, community workshops, in conjunction with the City's
Evaluation and Appraisal Process, are held to offer all community members an opportunity to be
involved in an informal setting. As the plan approaches completion, public hearings are held to
give public officials and the general public the opportunity to hear, comment, and approve the
plan.
Staff Review by Task
The City Project Manager will be responsible for the selection of appropriate City Staff to provide
expertise and review results/efforts of each Task on an ongoing basis.
Community Workshops
Two separate Community Workshops will be held throughout the duration of the project. The first
Community Workshop will be held after the analysis of existing conditions. It will explain the
strengths and weaknesses in the system today and in the future. Ideas will be gathered for how
to mitigate deficiencies. It will also be focused on the acceptance and prioritization of projects.
Public Hearings
At the culmination of plan development process first and second public hearings will be held with
the City Commission, giving the public further opportunity to participate.
Social Media
Corradino is using an application called Community Remarks on its new transportation master
plans. This web-based app, enables the public to communicate issues and ideas on their time
from smart phones or computers. It allows the tracking of physical issues on a map based system.
Task 2: Data Collection and Analysis
Previous and Ongoing Work
Previous studies of the transportation network in the area over the past several years will be
reviewed as will the efforts and policies of the surrounding municipalities of Bal Harbour, North
Miami Beach,Aventura and Golden Beach, and incorporated into the data collection and analysis
process. If necessary new data will be collected for traffic, transit, bicycle and pedestrian areas.
This data will be analyzed to show the existing conditions and those in the future.
Transit Data
All Miami Dade Transit and Sunny Isles Beach Shuttle Service routes will be examined to
determine their alignment, headways and ridership. The implementation of the circulator bus, the
need for a transportation hub south of the City's city hall along with other bus routes will be
examined. Park and ride locations, capacities and their interaction of transit with other systems
will be detailed.
Bicycle Pedestrian Data
Bicycle / Pedestrian data will be collected to provide a true multi-modal picture of the adequacy
of transportation in the City.
2
Bell David Planning Group
1019 NE 104th Street Miami Shores, FL 33138
SIB TMP and CTA 031815
DRAFT
Roadway characteristics of all roads will be collected from FDOT and Miami Dade County,
supplemented by field visits to obtain a qualitative assessment of the presence and scale of
bicycle and pedestrian facilities, lateral separation of facilities from motorized vehicles, spacing of
driveways and side streets, signal spacing, pavement conditions, widths of outside through lane,
median openings, control devices, speed limits, and main deficiencies that can be addressed by
the study. Pedestrian movement, bicycle travel and bus transfer activity will be observed and
documented at key locations. Crash and fatality data will be collected. Information on the
economic vitality of bicycle and pedestrian communities will be researched. Additionally
pedestrian count observations will be taken at 10 locations in the City. These will be determined
with staff during the analysis.
This will allow the City the ability to quantify and display traffic movement patterns and trends
occurring today and in the future.
Data Analysis
Various levels of analysis will be provided. Each is focused on the Level of Service throughout
the City and the ability to quantify and display multimodal movement patterns and trends occurring
today and in the future. The resulting spread sheets could be used as a basis for a concurrency
management system, since they will detail the utilization and capacity of each roadway link.
Multimodal counts will be displayed in tabular form by facility. This will serve as a handbook to
detail the condition of each facility in the City. Detail will be given to:
• Road
• Number of Lanes
• Existence of a Median
• Road Jurisdiction
• Functional Classification
• Number of Traffic Signals
• Segment Length
• Signals per Mile
• Speed Limit
• Roadway Class
• Existing Level of Service Standard
• Service Volume at Adopted Standard
• Average Annual Daily Traffic
• Peak Hour Volume
• Existing Level of Service
• Remaining Capacity
• Projected MPO Growth Rate (from latest MPO LRTP Model)
• General sidewalk and bicycle lane conditions
Sample Project Description Table
cusnnrrcolmnoNS
I I Anoprzna)An0010 mf.MOST
AN mmr.RoAn ME N..N 100010 SIGNAL SPEDOIAAISI' OIwV 1 L D E OLOC'1)1I AAOi VOI)INI. IAS Arv0)00
• ROAD SLO01 TO IANLT ME.DI xoNAU (0118) 1AID8 (MOH) as VOISMD.VOL0MD VOLUME Ma8 up.*I7
1 Se 10?Aa8 LYI nCln. )) 111 E 1110 MN RI 1 W If Y: fC i
Da-1 rwvu !¢En )1 um sca Iao Ia Nps- Iola ® vlo
). Tlal lT Swp Rd a8'11 A:. 7 L00000 FGLTTI MS\)0\OL AAtF 0 )A a0 10 tl E p 1
1fPfaAr. fF 1'A.. L\DrtmW b 11 � 8 ' ISO
! SSS'Ae. OYLVOnM 1 L:DO'mW M 11 L I Sb .q .SIG I.01 fx9 .f) ti0'il )t
3
Bell David Planning Group
1019 NE 104th Street Miami Shores, FL 33138
SIB TMP and CTA 031815
DRAFT
Task 3: Needs Assessment
The analyses provided above will point to various levels of need, for various modes. From this
assessment a list of potential projects will be developed. Roadways that meet or exceed the
existing level of service standard will need improvements to assure that they meet the City's
adopted level of service standards. The roadway level of service is not the only consideration of
need. The transit network will be examined to determine the adequacy of the system, as well as
other modes. Public perception of need will be considered. The four project categories will be
developed including:
• Capacity
Projects will be developed to address streets that have roadway capacity issues. These projects
generally will focus on improving intersections and links that are at LOS D or worse, in the existing
or future year. These will be mapped.
• Alternative Mode
This will focus on areas of transit, pedestrian, and bicycle and their proposed levels of service,
particularly as they interface with major intersections, trip generators and transit stations.
• Corridor Enhancement
This work will take into consideration arterial roads that function as major conduits of traffic
through the City.
• Policy
This will focus on policy initiatives which may help mitigate lack of mobility. These may include
concurrency, Transportation Demand Management, and Transportation System Management
measures.
Task 4: Development of Potential Projects
Potential projects that arise from the needs assessment resulting from the analysis will be placed
in a "Project Bank", which will essentially be the City's Transportation Master Plan Capital
Improvements schedule. Projects suggested in previous plans will be incorporated into the master
plan.
Each project will be conceptually developed. This will entail the development of a project sheet
that provides:
Description of the project
Location
• Cost
-Planning
-Design
-Construction
All projects will be cataloged by type in the project bank report.
Sample Project Description Table
4
Bell David Planning Group
1019 NE 104th Street Miami Shores, FL 33138
SIB TMP and CTA 031815
PROJECTS COST DRAFT
3
# PROJECT NAME PURPOSE AND NEED d O U 0
to impproWse Dow Blond pld Culler rood w0hout iyldentnp -
1523t®Old Cutler Road Thb inlersedbn Is aol 0l capacy Op 400 trips b e,isdnp - '
.1, lgoundfboGt, 7, condilbn.Greatei4b$XYtO.flm4lsh'gede� .`. S 126,000 $ zt0;000 $,I,TS4;08o; S 2,100,0.00.;
`' " Proyde alleme6Jetraneportatbo.1M I enable children to
2 Bike paths Improvement walk or61ka to sohool;i S.:100,000 S 200;000 S .:$ 300,0.00
3 Wall at 13631 Keeps'cdme Okay'`;' $,.IS,000 5 725,000 S 210000',:'5 250,000;1
TMtfie Circle Stetue of need'Cr.pup0c art04M0elywtll slow Italic,or cayso . "
d ;�; Mayor. i- route:avoidance 5.11,000 S 35,000 $ 29000: $ 350,000
Task 5: Implementation Plan
The existing implementation plan will be evaluated. Completed projects will be removed and new
projects will be inserted and prioritized. The formal Implementation Plan will refine the Project
Bank by prioritizing the individual projects, identifying funding sources and strategies, or
recommending initiatives for strengthening transportation and mobility opportunities. Essentially
this task will prioritize the Project Bank, based on the consensus of community and the technical
needs.
Additionally, funding opportunities will be identified in the final Master Plan document. These will
be able to be used to supplement the cost of the future projects. For instance, the Miami-Dade
County MPO offers a biannual Municipal Grant, to which cities apply and may be granted funds
to study transportation issues. Similarly the annual Call for Ideas reserves money for the MPO to
study the various issues that present themselves in the area.
From a more intensive perspective the TIGER program is a source of funds. The Transportation
Investment Generating Economic Recovery, or TIGER Discretionary Grant program, provides a
unique opportunity for the federal government to invest in road, rail, transit and port projects that
promise to achieve critical national objectives. Since 2009, The U.S. Congress has dedicated
more than $4.1 billion for six rounds to fund projects that have a significant impact on the nation,
a region or a metropolitan area.
The TIGER program enables the federal government to examine a broad array of projects on their
merits, to help ensure that taxpayers are getting the highest value for every dollar invested. In
each round of TIGER, DOT receives many applications to build and repair critical pieces of our
freight and passenger transportation networks. Applicants must detail the benefits their project
would deliver for five long-term outcomes: safety, economic competitiveness, state of good repair,
livability and environmental sustainability.
The new Consolidated and Further Continuing Appropriations Act, of 2015, includes a $500
million authorization for National Infrastructure Investments, referred to by the U.S. Department
of Transportation (USDOT) as TIGER Discretionary Grants.
Task 6: Final Report
The final report will be a combination and summation of all tasks.A final report and highly graphic
executive summary will be produced as well as PowerPoint presentation of that report. Drafts will
be delivered to the City for review. After the final presentation, bound and electronic copies will
be made available.
5
Bell David Planning Group
1019 NE 104th Street Miami Shores, FL 33138
SIB TMP and CTA 031815
DRAFT
This project can be completed within six months from the notice to proceed for a cost of$75,000.
2. OBJECTIVE— Collins Avenue Corridor Traffic Analysis Study Methodology
BDPG in association with The Corradino Group will prepare a Corridor Traffic Analysis Study for
Collins Avenue within the municipal boundaries of the City of Sunny Isles Beach. The scope of the
project is to analyze current and future level of service on various intersections along the Collins
Avenue corridor within the City limits.
Project Description
• Various intersections on Collins Avenue from Bayview Drive to 193rd Street are to be
analyzed
The following methodology is proposed for conducting the traffic study:
• The traffic study will evaluate intersections along Collins Avenue throughout the City.Traffic
counts will be collected for the twenty nine(29) intersections listed at the end during the
peak day/AM & PM peak periods. These intersections were selected after discussing with
the City's staff. Any additional data collection will be billed separately.
• Committed Development/Background Growth
o All committed developments (approximately 20) within the study area shall be
quantified as provided by the City of Sunny Isles Beach. Existing traffic will be
adjusted with an annual growth factor for the future condition. The growth factor will
be determined following the FDOT historical count's regression analysis.
• A description of the type of land use, category, trip rates, and other pertinent data indicated
in the ITE Trip Generation Tables will be included for the committed development land
uses.All future trip generation traffic volumes will be based on ITE Trip Generation Manual
(9th Edition).
• Intersection capacity/LOS analysis will be performed following the HCM 2010 methodology
and using the latest version of Synchro / SimTraffic or HCS software. Such analysis will
provide the results for the Level of Service (LOS), volume to capacity ratio (V/C)and other
outputs such as Queue Lengths and Vehicular Delay for the following conditions:
o Existing Condition Base Year(2015)
o Proposed Future Condition with Committed Projects (2019)
• Intersections that show deficient capacity will be highlighted and recommendations will be
made to provide mitigation in the form of signal timing modifications, lane additions or any
other.
• Corradino will meet with the City for up to two meetings, if needed.Additional meetings will
be charged on an hourly basis.
6
Bell David Planning Group
1019 NE 104th Street Miami Shores, FL 33138
SIB TMP and CTA 031815
DRAFT
• A report will be submitted detailing the findings of the above tasks.
This project can be completed within six months from the notice to proceed for a cost of
$40,000.This cost includes all background review, traffic counts, analysis, inter-departmental
coordination and meetings. The traffic impact analysis can be completed within 12 weeks of notice
to proceed.
The City will provide BDPG/Corradino with certain information regarding the subject project.
TOTAL COST FOR OBJECTIVES 1. AND 2.: $115,000.00
1. OBJECTIVE—Transportation Master Plan: Not to exceed $75,000.
2. OBJECTIVE — Collins Avenue Corridor Traffic Analysis Study Methodology: Not to
exceed$40,000.
Bell David Planning Group appreciates this opportunity to submit this proposal to the City of
Sunny Isles Beach.
� ► ,
Agreement Submitted by: It A,.
Alex A. Davi•, AICP, Vice-President
Bell David Planning Group
Date:
Agreed to by:
Name of Authorized Representative
City of Sunny Isles Beach
Date:
Note: Signature by City staff signifies a notice of intent to proceed with the under the terms noted
above. A facsimile signature shall have the same legally binding effect as an original signature.
Bell David Planning Group
1019 NE 104th Street Miami Shores, FL 33138
SIB TMP and CTA 031815
y1NNt ittt
• CITY OF SUNNY ISLES BEACH
AGREEMENT WITH BELL DAVID PLANNING GROUP, INC.
�•:' .:°�� CONTRACT NO. C1314-007
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this 21**day of November, 2013, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and BELL DAVID
PLANNING GROUP, INC., a corporation authorized to do business in the State of Florida
(hereinafter referred to as"Consultant")whose Federal I.D. 7 is 55.6157.1 45-6
RECITALS
WHEREAS, the City is in need of a consultant to provide Planning and Zoning Review
("Services")on an as needed basis for various projects that may arise throughout the year; and
WHEREAS, Consultant is a planning and zoning services firm qualified to provide the
City with the desired Services and providing on-call planning services for various projects
throughout the year; and
WHEREAS, Consultant has submitted a proposal to the City to provide the desired
Services, as more particularly described in Attachment "A", attached hereto and incorporated
herein by reference; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services for One Hundred Twenty-Five Dollars (5125.00) per hour for a total amount not to
exceed Forty-Five Thousand Dollars(S45,000.00).
NOW THEREFORE,in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this
Agreement and made a part hereof for reference.
2. SERVICES. Consultant agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services designated in Attachment
"A" attached hereto, and incorporated herein by reference. The Services shall be performed by
Consultant to the full satisfaction of the City. Consultant agrees to have a qualified
representative to audit and inspect the Services provided on a regular basis to ensure all
Services are being performed in accordance with the City's needs and pursuant to the terms of
this Agreement, and shall report to the City accordingly. Consultant agrees to immediately
inform the City via telephone and in writing of any problems that could cause damage to the
City's property, improvements and persons. Consultant will require its employees to perform
their work in a manner befitting the type and scope of work to be performed.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Section 9 hereunder, the term of this Agreement shall commence upon the execution of
this Agreement by both parties and shall continue for one (1) year thereafter. Consultant
acknowledges that compliance with the commencement and completion schedule is the essence
C1314-007 BELL DAVID—Planning.&Zoning Services, _
e
ATTACHMENT "B" SI i-
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
of this Agreement. The terms of Sections 17 and 18 entitled "Indemnification and Waiver of
Liability" and "Compliance with Law" respectively, shall survive termination of this
Agreement.
4. RENEWAL. Prior to, or upon completion of the initial one year term, the City shall
have the option to renew this Agreement for an additional one (1) year renewal term. In the
event this Agreement is renewed, the Consultant agrees to provide the Services in accordance
with this Agreement and the schedule of charges reflected in Attachment"A", attached hereto.
5. COMPENSATION. The City agrees to pay the Consultant an amount not to exceed
One Hundred Twenty-Five Dollars ($125.00) per hour, which shall be disbursed on a monthly
basis as invoiced. As the entire compensation under this Agreement and during the terms of
this Agreement, in whatever capacity rendered; the City shall pay Consultant an amount not to
exceed Forty-Five Thousand Dollars ($45,000.00) for the performance of the stated Services.
Payment to Consultant for all charges and tasks under this Agreement shall be in accordance
with this Agreement and the schedule of charges reflected in Attachment "A", which fee shall
be disbursed on a monthly basis and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract.
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on
this final invoice, are waived by the Consultant.
Consultant shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Consultant with the prior written approval of the City. If the City disputes any charges on the
2
C1314-007 BELL DAVID—Planning&Zoning Services
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone(305)949-3113 Fax
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Consultant.
Consultant shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation,judgment, lien, or any form o indebtedness. The Consultant
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute ur to render the
Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than
as an independent contractor other than those obligations which have been or shall have been
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Consultant. The City shall have no duty to withhold any
Federal income taxes or pay Social Security services and that such obligations shall be that of
the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement.
7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other
parties shall be approved in writing by the City. if requested. Consultant shall deliver the
documents to the City within fifteen(15) calendar days.
8. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents or employees, as indicated below:
❑ Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage
liability with minimum limits of One Million Dollars ($1,000,000) per
occurrence.
❑ Professional Liability ("Errors and Omissions") insurance with minimum limits
of One Million Dollars(S1,000,000.00) per occurrence.
3
C1314-007 BELL DAVID—Planning&Zoning Services
i
•
' I
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone (305)949-3113 Fax
❑
Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
❑ Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million
Dollars ($1,000,000) per occurrence, One Million Dollars (51,000,000) per
accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per
accident for property damage.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Consultant's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is
performed, and at any time upon request, Consultant shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in
forms and issued by insurance companies acceptable to the Cite Manager or his designee. Al!
insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves
the right from time to time to change the insurance coverage and limits of liability required to
be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its
sub-Consultants providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION
MUST BE APPROVED IN WRITING BY THE CITY.
9. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Consultant shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Consultant in an
amount equal to the actual cost of a third party to cure such failure. If Consultant
fails, refuses or is unable to perform any term of this Agreement, City shall pay
for services rendered as of the date of termination.
4
C1314-007 BELL DAVID—Planning&Zoning Services
I
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone (305) 949-3113 Fax
(1.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant shall be delivered to the City and
the City shall compensate the Consultant for all Services satisfactorily
performed prior to the date of termination, as provided in Section 5 herein.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the
Agreement by Consultant and the City may reasonably withhold payment to
Consultant for the purposes of set-off until such time as the exact amount of
damages due the City from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Consultant ten(10)days written notice. The terms of Section 9 A(i)and
A(ii)above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right In terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
•
10. ATTORNEY'S FEES. In any action incurred by the City to enforce or interpret any
term or provision of this Agreement, and the City is the prevailing party, then the City shall be
entitled to its costs and attorney's fees incurred at the pretrial, trial and appellate levels, in
addition to such other relief as may be sought and awarded to the City.
11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the
term of this Agreement or any time for a period of ten (10) years subsequent to that date upon
•
• which the Consultant shall leave the employment of the City for any reason whatsoever,
disclose to any person or entity, other than in the discharge of the duties of the Consultant under
this Agreement, any information which the City designates in writing as "confidential." As a
violation by the Consultant of the provisions of this Section could cause irreparable injury to the
City and there is no adequate remedy at law for such violation, the City shall have the right, in
addition to any other remedies available to it at law or in equity, to enjoin the Consultant from
violating such provisions.
12. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent(except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
C1314-007 BELL DAVID-Planning&Zoning Services
-6
i
kJ
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone (305) 949-3113 Fax
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel: (305)792-1702
If to the Alex David,AICP, Vice President
Consultant : Bell David Planning Group, Inc.
1019 N.E. 104th Street
Miami Shores, FL 33138
Tel: (786) 514-0121
Fax: (305) 751-5802 I
13. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County,
Florida.
14. AUDIT. The Consultant shall make available to the City or its representative all
required financial records associated with the Agreement for a period of Three (3)years.
15. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, marital/familial status, or status with regard to public assistance. The Consultant
will take affirmative action to insure that all employment practices are free from such
discrimination. Such employment practices include but are not limited to the following: hiring,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, 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 City setting forth the provisions of this non-
discrimination clause.
6
C1314-007 BELL DAVID—Planning&Zoning Services
l I
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone (305) 949-3113 Fax
The Consultant agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
16. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed
by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein
as if fully set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly are employed by the Consultant. The
Consultant guarantees that he/she has not offered or given to any member of, delegate to the
Congress of the United States, any or part of this contract or to any benefit arising therefrom.
17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees,
to the fullest extent perm tted by law,. to defend, indemnify and hold harmless the City, its
agents, representatives, officers, directors, officials and employees from and against claims,
damages, losses and expenses(including but not limited to attorney's fees, arbitration costs, and
costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's
negligent acts, errors, mistakes or omissions relating to professional services in the performance
of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its
agents,representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death;
or injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
services in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Consultant may be legally liable. The parties agree that One
Hundred Dollars ($100.00) represents specific consideration to the Consultant for the
indemnification set forth in this Agreement.
18. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations
and ordinances of any federal, state, or local governmental authority having jurisdiction with
respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all
material permits, licenses, approvals and consents necessary for the lawful conduct of the
activities contemplated under this Agreement.
19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document, including
but not limited to Attachment "A" hereto.
7
C1314-007 BELL DAVID—Planning&Zoning Services
City of Sunny Isles Beach 8070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305)949-3113 Fax
20. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous
oral and written negotiations. commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
F. No waiver of any prevision of tt,-,•'s Agreement shall be valid or enforceable
any •b•� r e^.vr��.uw�
unless such waiver is in writing and signed by the party granting such waiver.
•
[remainder of page intentionally left blank]
•
•
8
C1314-007 BELL DAVID—Planning&Zoning Services
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone(305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WITNESS: BELL DAVID PLANNING GROUP,
INC.
Signature BY: 0j'.4)
Alex A. David, AICP, Mice President
Print Name
fI
ATTEST: CITY OF SUNNI' ISLES BEACH
BY B ?•.11� � il
Jane A. Hines, MMC, City Clerk 'onnan S. Edelcup, Mayor
APPROVED AS TO FORM
AND LEG • SUF ICIENCY
By: , ,
attinot City Attorney
1
9
C1314-007 BELL DAVID-Planning&Zoning Services
s
BELL DAVID PLANNING GROUT' INC.
liarigotiag Fkriia%Flaeaing Re i ements
Mr. Christopher J. Russo, City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
October 28, 2013
RE: Proposal for Continuation of Planning and Zoning Review Services
Dear Mr. Russo:
Thank you for contacting our firm to extend Contract No. C011-077 (Planning and Zoning
Services). This contract was adopted by Resolution No. 2011-1792 on October 20, 2011
and is for the provision of on-call planning and zoning review services. The terms of the
agreement and hourly rate ($125.00/hour) will remain the same for the coming fiscal year
(FY2013-14).
Please call or e-mail me at your convenience if you have any questions. And again, we
thank you very much for this opportunity.
Sincerely,
Alex A. David, AICP
ATTACHMENT "A"
774 NE 126"Street,Suite 1 . North Miami,FL 33161 . Office: 786.514.0121 . Fax:305.675.0507
wwtir.belldavid.com alex @belldavid.com
Item Coversheet Page 1 of 1
Ss City of Sunny Isles Beach
`gym.•
18070 Collins Avenue
•i t i• Sunny Isles Beach,Florida 33160
i., �'-0,r4Q Qya,, (305)947-0606 City Hall
`u,,,.' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM Claudia Hasbun,Zoning Administrator/Planning
Manager
DATE: 4/16/2015
RE: Second Amendment to the Agreement with Bell David
Planning Group, Inc.for Professional Services.
RECOMMENDATION:
Staff is recommending City Commission approval to the Resolution.
REASONS:
Bell David Planning Group, Inc. has been providing planning and
zoning services throughout the year and the City is in need of
additional services, which includes the Evaluation and Appraisal
Report of the City Comprehensive Plan, the replatting of Heritage and
Gateway Parks, the Transportation Master Plan, and the Collins
Avenue Corridor traffic study. In order to accomplish the
abovementioned services, Staff is presenting the amendment to the
agreement.
FUNDING SOURCE:
110-5-5410-431000-0000(Contracted Services- Professional Service
-Consulting)$175,000
ATTACHMENTS:
Description
Resolution
Second Amendment to Agreement
Item Number: 10.C.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1615 4/10/2015