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HomeMy WebLinkAboutReso 98- 61RESOLUTION NO.98- Co( A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, SELECTING THE FIRM OF WALTER H. KELLER, INC., IN JOINT VENTURE WITH BEISWENGER, HOCK & ASSOCIATES, INC., TO SERVE AS THE CITY'S COMPREHENSIVE MASTER PLAN CONSULTANT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT; AUTHORIZING THE MAYORTO EXECUTE AN AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida requires each municipality in the State to adopt a comprehensive master plan; and WHEREAS, the City of Sunny Isles Beach issued a request for proposals for a comprehensive master plan consultant; and WHEREAS, proposals were received and reviewed by a committee created by the City Manager comprising of the Building Official, the Zoning and Code Administrator, the City Attorney and the City Manager; and WHEREAS, the top three recommended consulting firms were presented to the City Commission for their review; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Sectionl. That the firm of Walter H. Keller, Inc., in joint venture with Beiswenger, Hock & Associates, Inc., is hereby selected to serve as the comprehensive master plan consultant for the City in accordance with the proposal dated May 18, 1998. Section 2. The City Manager is hereby authorized to negotiate an agreement with the firm of Walter H. Keller, Inc., in joint venture with Beiswenger, Hock & Associates, Inc. Section 3. The Mayor is hereby authorized to execute an agreement on behalf of the City and as negotiated by the City Manager pursuant to Section 2 of the Resolution with the firm of Walter H. Keller, Inc., in joint venture with Beiswenger, Hock & Associates, Inc. Comp. Plan Consultant Res. _ 1 Section 4. This Resolution shall take effect immediately PASSED AND ADOPTED this 16' day of July, 1998 ATTEST: R�cl�Wqrd VwnfAorilla, City Clerk �,. <,1PRROVED` AAS TO FORM a, y 1-tBpAL SUFFICIENCY: M. Dannheisser, City Attorney VOTE: Mayor Samson yeses Vice Mayor Turetsky yes Commissioner Iglesias yes — Commissioner Kauffman yes Commissioner Morrow yes Architect Res. _2 adoption. Samson, Moved by: Second by: ► av'' no nono ✓� no— no— Walter H. Keller, inc. ML.AL.M 041L Consulting Engineers and Planners W lb Coral Springs • Sewall's Point June 22, 1998 Mr. James DiPietro, City Manager City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Agreement for Professional Services Comprehensive Plan and Land Development Regulations Dear Mr. DiPietro: Walter H. Keller, Incorporated, is pleased to submit this Agreement to provide professional services to the City of Sunny Isles Beach relative to Comprehensive Plan and Land Development Regulation Services for the City of Sunny Isles Beach, Florida. Walter H. Keller, Incorporated, hereafter referred to as the Consultant, in tandem with Beiswenger, Hoch and Associates, Inc., hereafter referred to as the Subconsultant, proposes to provide the following services to the City of Sunny Isles Beach, hereafter referred to as the Client, for the fees stipulated herein. SCOPE OF SERVICES The Consultant will provide Comprehensive Planning and Land Development Regulation services to the City relative to preparing the Comprehensive Plan (Phase I) and the Land Development Regulations (Phase II) as described in Exhibit "A" attached. Exhibit "A" scope of services are intended to be consistent with the City's scope of services as described in the May, 1998, RFP #98-05-02. A listing of work products to be produced are provided in Exhibit "B". A schedule of deliverables is provided in Exhibit "C". Additional services over and above those described in Exhibits "A" and `B" will be separately negotiated based on the hourly rates below. COMPENSATION As compensation for services rendered by the Consultant, the City agrees to pay the Consultant a Lump Sum Fee per Phase as identified below. The Lump Sum Fee also includes expenses as provided for in the Agreement. Comprehensive Plan (Phase I) ................................................ $ 90,000.00 Land Development Regulations (Phase II) ................................... $ 30,000.00 Hourly Rates t Senior Project Manager $ 110.00 Senior Registered Engineer/Planner $ 90.00 Registered Engineer/Planner $ 70.00 Engineer/Planner $ 60.00 Administrative Assistant $ 60.00 Sr. Cadd/Technician $ 60.00 Cadd/Technician $ 45.00 Clerical $ 40.00 t - Hourly rates effective through June, 2000. continued.... Coral Springs Office 1890 University Drive, Suite 304 • P.O. Box 9740 • Coral Springs, Florida 33075 Mr. James DiPietro, City Manager June 22, 1998 Page Two Invoices will be submitted monthly based on the percentage of project completion by Task. The Client will make its best effort to pay invoices within thirty days of receipt of invoice from the Consultant. TIME OF PERFORMANCE The Consultant will commence work after receipt of a signed agreement and written notice to proceed. The schedule for completion of various work products is provided in Exhibit "C". Exhibit "C" assumes timely reviews and approvals of work products by City staff, the LPA and the City Commission. DOCUMENTS Drawings, maps and other data developed in connection with this agreement are and shall remain the property of the City. RECORDS Consultant shall keep such records and accounts and require any and all subconsultants and subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to costs charged to this agreement. Such books and records shall be available at all reasonable times for examination and audit by City and shall be kept for a period of one (1) year after the completion of all work to be performed pursuant to this agreement. Incomplete or incorrect entries in such books and records shall be grounds for disallowance by City of any fees or expenses based upon such entries. NO CONTINGENT FEES Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. SUBCONTRACTORS In the event the Consultant, during the course of the work under this agreement, requires the services of any subcontractors or other professional associates in connection with services covered by this agreement, Consultant must secure the prior written approval of the City. ASSIGNMENT This agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by the Consultant, without the prior written consent of City. However, the agreement shall run to the City and its successors. continued.... � Ulm Mr. James DiPietro, City Manager June 22, 1998 Page Three INDEMNIFICATION OF CITY Consultant shall indemnify and save harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of Consultant., its agents, servants, or employees in the performance of services under this agreement. Consultant further agrees to indemnify, save harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of misconduct of Consultant for which the City, it agents, servants or employees are or alleged to be liable. The execution of this agreement by Consultant shall obligate Consultant to comply with the foregoing indemnification provision, however, the collateral obligation of insuring this indemnity must be complied with as set forth in the insurance section of this agreement. INSURANCE Consultant shall provide, pay for, and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance and Professional Liability Insurance as will assure to the City the protection contained in the Indemnification section of this agreement. The Comprehensive General Liability policy shall clearly identify the foregoing indemnification as insured under this section. Such policy or policies shall be issued by the United States Treasury or approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in the State of Florida. Consultant shall specifically protect the City by naming City as a named insured under the Comprehensive General Liability policy or certificate shall reference this project by endorsement. (a) Professional Liability Insurance - The limits of liability provided by such policy shall be no less than Five Hundred Thousand Dollars ($500,000.00) to assure City the indemnification specified in the indemnification section of this agreement. (b) Workers' Compensation Insurance - To apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable Federal Laws, up to the statutory amount and shall include Employer Liability, with a limit of $100,000.00 each accident. (c) Comprehensive General Liability - With minimum limits of $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office and must include: continued.... M Mr. James DiPietro, City Manager June 22, 1998 Page Four Premises and/or Operations A Independent Contractors City Form Property Damage Broad Form Contractual Coverage applicable to this specific agreement, including any hold harmless and/or indemnification agreement Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. City is to be included as an "Additional Insured" with respect to liability arising out of operations performed for City by or on behalf of Consultant or acts or omissions of Consultant in connection with such operation. (d) Business Automobile Liability - with minimum limits of $500,000.00 per occurrence combined with single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles Hired and non -owned vehicles Employers' non -ownership Notice of Cancellation and/or Restriction - The policy(s) must be endorsed to provide City with thirty (30) days notice of cancellation and or restriction. (e) Excess Liability - Umbrella Form with minimum limits of $1,000,000.00 combined single limit. Notice of Cancellation and/or Restriction - The policy(s) must be endorsed to provide City with thirty (30) days notice of cancellation and/or restriction. (f) Consultant shall provide to City a Certification of Insurance or a copy of all insurance policies required by this section of the agreement. The City reserves the right to require a certified copy of such policies upon request. All endorsements and certificates shall state that City shall be given thirty (30) days notice prior to expiration of cancellation of the policy. continued..... Mr. James DiPietro, City Manager June 22, 1998 Page Five ATTORNEY FEES If City incurs any expense in enforcing the terms of this agreement whether suit be brought or not, Consultant agrees to pay all costs and expenses including, but not limited to court costs, interest and reasonable attorneys' fees through the appellate levels. ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Except as set forth in the terms of the RFP, it is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the formality and of equal dignity herewith. NOTICES Whenever either party desires to give notice to the other, it must be given by written notice, sent by certified United States Mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified and the plan for giving of notice shall remain such until is shall be changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: For the City of Sunny Isles Beach Mr. James DiPietro, City Manager 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 For Consultant Mr. Walter H. Keller, President Walter H. Keller, Inc. Post Office Box 9740 Coral Springs, Florida 33075-9740 continued.... 9WLBAf Mr. James DiPietro, City Manager June 22, 1998 Page Six TERMINATION/DEFAULT This agreement may be terminated by the City at any time, for any reason, upon thirty (30) days written notice. The Consultant shall be paid its compensation for services performed to termination date in accordance with the compensation section of this agreement assuring the City does not contend there has been a default or failure of performance as set forth in the Agreement. Such default shall be stated in writing to Consultant prior to suspension of services. City in its sole discretion may allow Consultant to rectify the default to its reasonable satisfaction within 15 days. All finished or unfinished maps prepared by Consultant shall become the property of the City and shall be delivered by Consultant to City. SEVERABILITY If any provision of this agreement shall be declared illegal, void or unenforceable by a court of competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. SUBCONSULTANTS Consistent with the proposal submitted by the Consultant, a portion of the services provided by this agreement will be subcontracted to Beiswenger, Hoch and Associates, Inc., hereafter referred to as the Subconsultant. Consultant will obtain written approval of the City Manager prior to changing or modifying the subconsultant(s) on this project. APPROVAL The acceptance of this Agreement can be signified by signing in the space below. One signed copy shall be returned to the Consultant and will serve as the agreement between the parties. NONDISCRIMINATION During the dependency of the agreement, Consultant shall not discriminate against any employee with regard to sex, race, age, creed or color and shall, if accused, indemnify the City as set forth in the indemnification clause stated above. Since ely, Wa er H. Keller, PE., AICP President WW6 14M continued.... �� � W 10 Mr. James DiPietro, City Manager June 22, 1998 Page Seven ACCEPTANCE OF AGREEMENT The above fees, terms and conditions are satisfactory and are hereby accepted. Consultant is authorized to perform the work as outlined in this Agreement. Agreement Acce By: �— Name Title j y/ Date continued.... EXHIBIT "A" WORK PROGRAM COMPREHENSIVE PLAN & LAND DEVELOPMENT REGULATIONS Phase I — (12 month Timeframe) Task 1 Inventory of Comprehensive Planning & Development Regulat':)n Requirements (Task Budget - $3,000.00) The consultant will prepare a detailed inventory of all Comprehensive Planning and Development Regulation requirements applicable to the City of Sunny Isles Beach. These regulations will include State regulations such as Chapter 187, F.S., Chapter 163 Part II, F.S., Chapter 161, F.S., Rules 9J-5 and 9J-12, F.A.C., Dade County regulations and the South Florida Regional Policy Plan. Task 2 Preliminary Data Collection and Analysis - Community Profile and FAR Study (Task Budget - $15,000.00) The Consultant will compile best available data and information regarding the City of Sunny Isles Beach in order to create a detailed community profile and data base. This data will be based upon information contained in the 1990 U.S. Census, field surveys and planning studies conducted by Miami -Dade County prior to the incorporation of Sunny Isles Beach and building permit records. The Consultant will also prepare a development intensity/FAR Study for the Collins Avenue — SR AlA Corridor. Forty (40) copies of the Community Profile and FAR Study will be provided by the Consultant. Task 3 Community Visioning Process - Public Participation Process (Task Budget - $20,000.00) The Consultant, in conjunction with the City, will prepare a Public Participation Process to be utilized in the overall work program. The Public Participation Process will utilize mass -media advertisements, newsletters -bulletins and the City's Internet web page, as available, to encourage public participation. The City will be responsible for providing postage cost for newsletters and bulletins and advertising costs of public notices and announcements. The Consultant, in conjunction with the City, will conduct a series of community visioning charettes to formulate a set of strategic goals and objectives for the work program. During the charettes, the consulting team will present different components of the community profile and FAR Study detailed in Task 2 and a draft of goals, objectives and policies required to comply with State and Regional comprehensive planning directives. The objective of the visioning process will be to determine the City's overall objectives and priorities for its comprehensive planning and land development regulation programs. As objectives and priorities are identified, they will be recorded by the Consultant for possible inclusion in the City's goals, objectives and policies. The City will be responsible for providing postage of public participation Task 4 Preparation of the Comprehensive Plan Elements (Task Budget - $30,000.00) The Consultant will prepare the Comprehensive Plan Elements in accordance with all applicable State, regional, county and local requirements, and in accordance with the City's objectives and priorities identified during the community visioning process. The required and proposed elements and components of the Comprehensive Plan and lead firm include: Future Land Use Element Transportation Element Infrastructure Element (aka., Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element) Conservation Element Recreation and Open Space Element Housing Element Coastal Management Element Intergovernmental Coordination Element Economic Development and Redevelopment Element Community Design Element Capital Improvements Element Each element will contain goals, objectives and policies as discussed in Task 3. Additionally, the support document of the Comprehensive Plan will contain data and analysis for each of the individual elements collected during Task 2. Task 5 Presentation & Revision of the Comprehensive Plan Work Products (Task Budget - $10,000.00) The Consultant will present the draft Comprehensive Plan work products to the City administration for review, comment and correction. The Consultant will then incorporate the comments and convections requested prior to the public workshop draft of the Comprehensive Plan. The revised draft of the Comprehensive Plan will be presented by the Consultant at a public workshop before the City Commission who has been designation as the Local Planning Agency (LPA). The Consultant will incorporate the revisions requested by the City administration and the LPA , as a result of the public workshops in the preparation of the public hearing draft of the Comprehensive Plan. The final draft plan will then be presented to the Local Planning Agency and the Local Governing Body. The Consultant will incorporate the revisions requested by the Local Planning Agency and the Local Governing Body during the public hearings for the transmittal draft of the Comprehensive Plan. The Consultant will provide 40 copies of the final draft Comprehensive Plan for this Task. Task 6 Chapter 163 Review, Plan Adoption, and Compliance Process (Task Budget - $12,000.00) The Consultant will advise City Staff of procedures for transmittal and Plan adoption, assist or provide for transmittal to review agencies. The Consultant will work with City Staff in developing appropriate responses to Chapter 163 reviews and the ORC report from the State of Florida Department of Community Affairs. The Consultant will also advise City Staff of procedures for transmittal and Plan adoption, assist or provide for transmittal to review agencies and final adoption hearings, adopting ordinance preparation and response to and or revisions required during DCA Compliance Determination. The Consultant will provide the City with the information and documentation needed for Compliance. A finding of Compliance is dependent upon the City Commission's adopting the appropriate responses to DCA requirements. The Consultant will provide 60 copies of the adopted Comprehensive Plan after Compliance determination. Phase II (6 month Timeframe after completion of Phase I ) Task 7 Land Development Regulations (Task Budget - $30,000.00) The Consultant will prepare the Land Development Regulations necessary to implement the requirements of the Comprehensive Plan and to comply with applicable State, regional, county and local requirements for land Development regulations. The exact nature and types of development regulations will be determined as a result of the Community Visioning Process and adopted Comprehensive Plan. At a minimum, these will likely include zoning, subdivision, parking, signage, landscaping, property maintenance and appearance, and concurrency-related regulations. The Land Development Regulations will include graphics in addition to the text to clearly describe the development requirements. The Consultant will provide 40 copies of the draft and 60 copies of the final Land Development Regulations. EXHIBIT "B" WORK PRODUCTS COMPREHENSIVE PLAN & LAND DEVELOPMENT REGULATIONS Phase I — Comprehensive Plan Task 1 Inventory of Comprehensive Planning & D-evelopment Regulation Requirements Memorandum on Applicable Comprehensive Plan Regulations Task 2 Preliminary Data Collection and Analysis - Community Profile and FAR Study Community Profile FAR Study of Collins Avenue (SR AIA) Task 3 Community Visioning Process - Public Participation (Months I - 6) Public Participation Plan Handouts for Charettes including Preliminary GOP's Newsletters of Planning Process (4 issues) Task 4 Preparation of the Comprehensive Plan Elements (Months 1 - 4 ) Draft Comprehensive Plan and Support Documents (2 volumes) City Base Map (Microstation Cadd Based) Future Land Use Map (Microstation Cadd Based) Task 5 Presentation & Revision of the Comprehensive Plan Work Products Advertising Notices of Public Meetings and Hearings Handouts for Workshops, Public Meetings and Hearings Executive Summary of Comprehensive Plan Amended Draft Comprehensive Plan and Support Documents Task 6 Chapter 163 Review, Plan Adoption, and Compliance Process (Months 6 - 12) Transmittal Package for Chapter 163 Review Written Review of Chapter 163 ORC and Proposed Plan Amendments Comprehensive Plan as Adopted Compliance Package for DCA Review Final Printing of 60 copies of the Comprehensive Plan Camera Ready Original of the Comprehensive Plan and Support Document Data Disks of Word Processing/Spreadsheet/Graphic Files Phase II — Land Development Regulations Draft Land Development Regulations Advertising Notices of Public Meetings and Hearings Handouts for Workshops, Public Meetings and Hearings Executive Summary of Land Development Regulations Final Printing of 60 copies of the Land Development Regulations Data Disks of Word Processing/Spreadsheet/Graphic Files EXHIBIT "C" SCHEDULE COMPREHENSIVE PLAN & LAND DEVELOPMENT REGULATIONS Phase I — (12 month Timeframe) Task 1 Inventory of Comprehensive Planning & Development Regulation Requirements (Month 1) Task 2 Preliminary Data Collection and Analysis - Community Profile and FAR Study (Months 1 and 2) Task 3 Community Visioning Process - Public Participation (Months 1 - 6) Task 4 Preparation of the Comprehensive Plan Elements (Months 1 - 4 ) Task 5 Presentation & Revision of the Comprehensive Plan Work Products (Months 4 - 6 ) Task 6 Chapter 163 Review, Plan Adoption, and Compliance Process (Months 6 - 12) Phase II (6 month Timeframe after completion of Phase I ) Task 7 Land Development Regulations (Months 12 - 18) David Samson Mayor Irving TureLsky Vice Mayor Commissioners Danny Iglesias Lila Kauffman Connie Morrow James DiPietro City Manager City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305)949-3113 fax To: City Commission From: City Manager Date: July 16, 1998 Subject: COMPREHENSIVE MASTER PLAN CONSULTANT SERVICES Lynn M. Dannheisser CityAttomey RECOMMENDATION It is recommended that the City Commission approve, by resolution, the attached agreement with Walter H. Keller, Inc. relating to Comprehensive Plan Consulting Services. REASONS At its regular meeting of June 11, 1998, the City Commission approved of a staff recommendation and ranked Walter Keller as most qualified. Accordingly, we have negotiated a contract acceptable to both parties, for consideration by the City Commission. ADDITIONAL INFORMATION We have requested that Walter Keller, or a representative of the firm, attend tonight's meeting to respond to any questions the City Commission may have. Respe tful d, James DiPietro, City Manager JD:pw David Samson Mayor Irving Turetsky Vice :Mayor Commissioners Danny Iglesias Lila Kaulrman Connie Morrow James DiPietro City Manager Lynn %1. Dannheisser City Attorney City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach. Florida 33160 (305) 947-0606 phone 1305) 949-3113 fax July 22, 1998 Mr. Walter H. Keller Walter H. Keller, Inc. 1390 University Drive, Suite 304 Coral Springs, FL 33075 RE: Agreement for Professional Services Comprehensive Plan and Land Development Regulations Dear Mr. Keller: It is a pleasure to welcome you to the City of Sunny Isles Beach! Please find enclosed an original executed contract for comprehensive plan services. Mr. Mike Berkman will serve as principal City contact for the project. (Also confer with the City Attorney, Lynn Dannheisser, or me as may be desired.) Sincerely, James DiPietro City Manager JDP:ch Enclosure cc: Mayor David Samson City Commissioners Lynn M. Dannheisser, City Attorney Michael Berkman, Building Official Richard Brown-Morilla ,..� Jorge Vera, Zoning and Code Administrator