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184-94 RDA RESOLUTION NO. 184- 9 4 A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT AGENCY WAIVING THE COMPETITIVE BIDDING PROCESS, AND AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY ("AGENCY") AND ANDRES DUANY AND ELIZABETH PLATER-ZYBERK ARCHITECTS, INC. WHEREAS, on September 8, 1993 the Miami Beach Redevelopment Agency Board approved a professional services contract with Andres Duany and Elizabeth Plater-Zyberk Architects, Inc. ("DPZ"); and WHEREAS, during the discussion of the South pointe Redevelopment Agency budget for Fiscal Year 94-95 it was pointed out that there was a need for a second phase professional services contract with DPZ; and WHEREAS, the Agency is desirous of incorporating the South Pointe Design Guidelines into an amendment to the City of Miami Beach Zoning Code; and WHEREAS, the Agency requires technical assistance to the City of Miami Beach in reviewing proposals that are on properties in South pointe currently controlled by development agreements and/or requiring new development agreements; and WHEREAS, the Agency has been requested to develop a comprehensive streetscape plan that incorporates the urban design concepts contained in the South pointe Design Guidelines, including, but not limited to, landscaping, lighting, sidewalks, signage, and pedestrian and vehicular traffic; and WHEREAS, DPZ is uniquely qualified because of their role in earlier studies of the South Pointe Area and the preparation of the South pointe Design Guidelines which were presented to the Redevelopment Agency Board on October 19, 1994; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Agency.s Board hereby waives the competitive bidding process and authorizes the Chairman and Secretary to execute the attached Professional Services Agreement between the Agency and Andres Duany and Elizabeth Plater-Zyberk Architects, Inc. PASSED and ADOPTED this 7th CHAIRMAN ATTEST: ~7 ( (~Z~~- SECRETARY FO~RM~ VED U t - By' ~_____ r%?~ Date /.A / ~ /'?~ Miami t3each Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone: (305) 673.7193 Fax: (305) 673-7772 REDEVELOPMENT AGENCY MEMORANDUM NO. 94-55 December 7, 1994 TO: Chairman and Members of the Board of the Miami Beach Redevelopment Agency FROM: Roger M. Carlton j'A~ ~ Executive Direct~~~ SUBJECT: STREETSCAPE PROGRAM RECOMMENDED IMPLEMENTATION PROCESS ADMINISTRATION RECOMMENDATION: The Administration recommends entering into a professional services contract with Andres Duany & Elizabeth Plater-Zyberk, Architects, Inc. (DPZ) to assist the City of Miami Beach with the following services: 1) incorporate the South pointe Design Guidelines prepared by the aforementioned firm into an amendment to the zoning code; 2) provide technical assistance to the City of Miami Beach in reviewing proposals that are on properties in South pointe currently controlled by development agreements and/or requiring new development agreements; and 3) develop a comprehensive streetscape plan that incorporates the urban design concepts contained in the South pointe Design Guidelines, including, but not limited to, landscaping, lighting, sidewalks, signage, and pedestrian and vehicular traffic. BACKGROUND: In September, 1993, the Redevelopment Agency Board approved a professional services contract with DPZ in the amount of $25,000. DPZ was deemed to be uniquely qualified to undertake this assignment because of their role in earlier studies of the South Pointe Area. The South pointe Design Guidelines presented by Elizabeth Plater-Zyberk to the Redevelopment Agency Board on October 19, 1994 were the result of this contract. ANALYSIS: When the South pointe Redevelopment Agency budget was prepared for Fiscal Year 94-95, we envisioned a second phase to the professional services contract would be needed. As we entered into discussions with DPZ regarding the scope of services for the Phase II agreement, it became apparent that the comprehensive streetscape S()UTti V()I~ 12ede-vel()pment UI~tr1.:t CIIT Ct:~l2 l2ede-vel()pment UIstr1.:t AGENDA IT.Er1 3-B DECEMBER 7, 1994 plan was integrally related to the design criteria established in the South Pointe Guidelines. Therefore, the Administration believes that incorporating the streetscape plan into the scope of services for the Phase II agreement will result in the comprehensive, high quality design that is desired. The detailed on a Request new Request project cost design phases for construction will be awarded based for Proposal process which will begin immediately. A for Proposal is necessary because the anticipated exceeds $500,000. CONCLUSION: The Administration recommends that the Phase II professional services agreement with DPZ encompass three maj or tasks: 1) incorporate the South Pointe Design Guidelines prepared by the aforementioned firm into an amendment to the zoning code; 2) provide technical assistance to the City of Miami Beach in reviewing proposals that are on properties in South pointe currently controlled by development agreements and/or requiring new development agreements; and 3) develop a comprehensive streetscape plan that incorporates the urban design concepts contained in the South pointe Design Guidelines, including, but not limited to, landscaping, lighting, sidewalks, signage, and pedestrian and vehicular traffic. Compensation for these services will not exceed $75,000. RMC : MSD : j m PROFESSIONAL SERVICES AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY (AGENCY) AND ANDRES DUANY AND ELIZABETH PLATER-ZYBERK ARCHITECTS, INC. (CONSULTANT) FOR SOUTH POINTE REDEVELOPMENT AREA PHASE II THIS AGREEMENT made this \1.. {l-.. day of ~c. l~ 9 '1-, by and between the MIAMI BEACH REDEVELOPMENT AGENCY hereinafter called the "Agency", 'o'lhich term shall include its officials, successors, legal representatives, and assigns, and ANDRES DUANY and ELIZABETH PLATER-ZYBERK ARCHITECTS, INC., an individual, hereinafter called the "Consultant". -1- AGENDA ITEr-1 3-B DECEMBER 7, 1994 Agreement: City Manager: Consultant: Final Acceptance: Fixed Fee: Project Coordinator: SECTION 1 DEFINITIONS This written Agreement between the Agency and the Consultant. "city Manager" means the Chief Administrative officer of the city. For the purposes of this Agreement, Consultant shall be deemed to be an independent contrac~or, and not an agent or employee of the Agency. "Final Acceptance" means notice from the Agency to the Consultant that the Consultant's Services are complete as provided in section 4.8 of this Agreement. Fixed amount paid to the Consultant to allow for its costs and margin of profit. An individual designated by the City Manager to coordinate, direct and review on behalf of the Agency all technical matters involved in the Scope of Work. -2- Risk Manager: Services: Termination: Task: The Scope Consultant Services". The Risk Manager of the city, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement described in section 2. Termina~ion of Consultant services as provided in Sec~ion 4.9 of this Agreement. A discre~e portion of the Scope of services to be accomplished by the Consultant, as described in section 2 herein, if directed and autporized. SECTION 2 SCOPE OF WORK AND SERVICES REOUIRED of is Work set for this forth in project Exhibit to be performed by "A", entitled "Scope the of -]- SECTION 3 COMPENSATION 3.1 FIXED FEE Consultant shall be compensated for the Services performed herein on a fixed fee basis not to exceed Seventy-Five Thousand and no/lOa Dollars (75,000.00) for providing the services as set forth in Exhibit "A" hereto. 3.2 METHOD OF PAYMENT Payment shall be ::lade to the Consultant pursuant to invoices submitted by the Consultant which detail percentage of completion of the services as set:. forth in Exhibit "A". Invoices shall be accompanied by a narrat:.ive progress report which supports the invoices, and shall contain a statement that the items set forth therein are true and correct and in accordance with the Agreement. payments of such lnVOlces shall be made within 30 days of receipt by Agency. -4- SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT wi th respect to the performance of the services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to applicable regulations of the city, County, state, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES state of Florida Form PUR 7068, Sworn statement under section 287.133(3) (a) Florida statute on public Entity Crimes, Exhibit "C". 4.3 PROJECT MANAGEMENT The Consultant shall lppoint a qualified individual acceptable to the Agency to serve as proj ect Manager for the services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the Agency's Project Coordinator. -5- 4.4 TIME OF COMPLETION The services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the Agency subsequent to the execution of this Agreement, and Consultant shall adhere to the completion schedule as referenced by Exhibit "A" hereto. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the Agency or by any circumstances beyond the reasonable control of the Consul tant, including weather conditions or acts of God which render performance of the Consultant's duties impracticable. Such extensions of time shall not be a basis for any claim by the Consultant for additional compensation, unless an extension is based on a delay caused solely by the Agency and is in excess of sixty (60) days. 4.5 NOTICE TO PROCEED Unless directed by the Agency otherwise, the Consultant shall proceed with the work only upon issuance of a Notice to Proceed by the Agency. 4.6 OWNERSHIP OF DOCUMENTS AND EOUIPMENT All documents prepared by the Consultant pursuant to this Agreement, are related exclusively to the services described herein, and are intended or represented for ownership by the Agency and for reuse, if applicable and so deemed by the Agency. -6- 4.7 INDEMNIFICATION Consultant agrees to indemnify and hold harmless, the Miami Beach Redevelopment Agency and the city of Miami Beach and their officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equi ty, which may arise or be alleged to have arisen from the negligent acts or omission or other wrongful conduct of the consultant, employees, or agents in connection with the consultant's performance of service pursuant to this Agreement; and to that extent, the Consultan~ shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the Agency in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to the Consultant for performance of this Agreement is the specific consideration from the Agency to the Consultant for the consultant's Indemnity Agreement. The Consultant's obligation under this article shall not include the obligation to indemnify the Miami Beach Redevelopment Agency and the city of Miami Beach and their officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the Agency and/or the city and their officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that -7- in any way directly or indirectly affects the other party. 4.8 INSURANCE REOUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the city's Risk Manager. The Consul tam: shall maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following insurance: 1. Consultant General Liability in the amount of $1,000,000.00. A certified copy of the Consultant's (and any subconsultants') Insurance Policy must: be filed and approved by the Risk Manager prior to commencement. 2. Workers compensation ~ Employers Liability as required per Florida statutes. 3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverages must be given to the Agency and City I s Risk Manager by the Consultant and his insurance company. 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the Agency and city's Risk Manager. 5. original certificates of insurance for the above coveragesmust be submitted to the .=\gency and ci ty I s Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is responsible for obtaining and SUbmitting all -8- insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the state of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this section or under any other portion of this Agreement, and the Agency and City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverages. 4.8.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the Agency and the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.8.2 certificates Unless directed by the Agency otherwise, the consultant shall not commence any services pursuant to this Agreement until the Agency and the City have received and approved, in writing, certificates of insurance showing that the requirements of this -9- Section (in its entirety) have been met and provided for. 4.9 FINAL ACCEPTANCE When the Consultant's services have been completed, the Consultant shall so advise ~~e Agency in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to remedies available to the Agency under any other section of this Agreement. 4.10 TERMINATION. SUSPENSION AND SANCTIONS 4.10.1 Termination for Default If through any cause wi thin the reasonable control of the Consultant, the Consultan't:. shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the Agency shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the Consultant of such termination which shall become effective upon receipt by the Consultant of the written termination notice. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its subcontractors shall be properly delivered to the Agency and the Agency shall compensate the Consultant in accordance with Section 3 for all services performed by the Consultant prior to Termination, Notwithstanding the above, the Consultant shall not be -10- relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of the Agreement by the consultant and the Agency may reasonably withhold payments to the consultant for the purposes of set off until such time as the exact amount of damages due the Agency from the Consultant is determined. 4.10.2 Termination for convenience of Aaency The Agency may, for its convenience, terminate the Services then remaining to be performed at any time by giving written notice to Consultan1: of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination n01::ce. In that event, all finished or unfinished documents and other materials as described in section 2 shall be properly delivered to the Agency. If the Agreement is terminated by the Agency as provided in this Section, the Agency shall compensate the consultant for all Services actually performed by the Consultant and reasonable direct costs of Consultant for assembling and delivering to Agency all documents. Such payments shall be the total extent of the Agency I s liability to the Consultant upon a Termination as provided for in this section. 4.10.3 Termination for Insolvency The Agency also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.10.2. -11- 4.10.4 sanctions for Noncom~liance with Nondiscrimination provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Agency shall impose such Agreement Sanctions as the Agency or the State of Florida may determine to be appropriate, including but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services, in whole or in part. In the event the Agency cancels or terminates the Services pursuant to this section the rights and obligations of the parties shall be the same as provided in section 4.10.2. 4.10.5 Chanaes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said Notice. The Agency shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.11 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the written consent of the Agency. When applicable and upon receipt of such consent in writing, the Consultant shall cause the names of the consulting -12- firms responsible for the major portions of each separate specialty of the work to be inserted into the pertinent documents or data. The Consultant shall include in such subcontracts the appropriate versions of the Sections of this Agreement as are necessary to carry out the intent of this Agreement, as instructed by the Agency. 4.12 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discri~inate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.13 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72- 82), as amended; and by the city of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the contract conditions hereunder. The Consultant covenants that it presently has no -13- interest and shall not acquire any interest, direct 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 be employed by the Consultant. No member of or delegate to the Congress of the united states shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the Agency for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.15 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the Agency. The Consultant's Project Manager and the Agency's Project Coordinator shall be designated promptly upon commencement of the services. -14- All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the Agency listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Andres Duany & Elizabeth Plater- Zyberk, Architects, Inc. 1023 S.W. 25th Avenue Miami, Florida (305) 644-1023 TO AGENCY: Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7193 WITH COPIES TO: Office of the city Attorney City of Miami Beach 1700 convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTION -15- Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated either in the court system of the state of Florida or the United states District Court for the Southern District of Florida. 4.17 ENTIRETY OF AGREEMENT This writing and the Scope of services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The scope of Services are hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Scope of services are consistent with the Agreement. To the extent that any term in the scope of services is inconsistent with this Agreement, this Agreement including the Scope of services shall prevail. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the city commission of the City of Miami Beach. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the state of Florida. 4.18 LIMITATION OF AqencV'S LIABILITY The Agency desires to enter into this Agreement only if -16- in so doing the Agency can place a limit on the Agency's liability for any cause of action for money damages due to an alleged breach by the Agency of this Agreement, so that its liability for any such breach never exceeds the sum of Twenty-Five Thousand and no/lOa Dollars ($25,000.00). Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the Agency for any damage action for breach of contract to be limited to a maximum amount of $25,000.00 less the amount of all funds actually paid by the Agency to Consultant pursuant to this agreement. Accordingly, and notwithstanding any other term or condi tion of this Agreement, Consultant hereby agrees that the Agency shall not be liable to the Consultant for damages in an amount in excess of $25,000.00 which amount shall be reduced by the amount actually paid by, the Agency to Consultant pursuant to this agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the Agency by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Agency's liability as set forth in Florida statutes, section 768.28. 4.19 ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial -17- Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. -18- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. By~hJ (~~. Secretary By FOR AGENCY: ATTEST: FOR CONSULTANT: ANDR S DUANY & ELIZABETH PLATER- ZYBERK ARCHITECTS, INC. oJ!A wYrih Pi CiliA ltfr.. '1A1-- Secretary ATTEST: CORPORATE SEAL FORM APPROVED REDEVELOPMENT AGENCY GENERAL COUNSEL By JC0 Date j 2 ~ k1~ -19- Exhibit "A" PROPOSAL FOR CONSULTING BY ANDRES DUANY AND EUZABE1H PLATER- ZVBERK, ARCHlTEcrs AND TOWN PLANNERS (OPZ) FOR THE OTY OF MIAMI BEAaI Wl'IH REGARD TO 1HE SOU"IH POINTE REOEVELOPMENr AREA PHASE n ~ SCOPE OF SERVICES: 1) incoqxnte the South Poinre Design Guidelines pIq)ared by the aforementioned fi1lll into an ameIInment to the zoning rode; 2) provide technical assistance to the aty of Miami Beach in reviewing proposals that are on properties in South Pointe cunently controlled by development agrcancnts andIorrequiring new development agreements: and 3) develop a comprehensive streetscaPe plan that incorporates the urban design conceptS contained in the South Pointe Design Guidelines. including, but not limited to, landscaping, lighting. sidewalks, signage, and pedestrian and vehicular traffic. WEEK 1 (DEe 5 - DEC 9) WEEK 1- WEEK 12 WEEK 2 (DEe 12 - DEe 16) WEEK 3 (DEe 19 - DEC 23) WEEK 4 (DEe 25 - DEe 30) WEEK 5 (IAN 2 - IAN 6) WEEK 6 (IAN 9 - IAN 13) WEEK 7 (IAN 16 - IAN 20) WEEK 8 (IAN 23 - JAN 27) WEEK 9 (JAN30- PEB 3) WEEK 10 (FEB 6 - FED 10) Meeting to receive input from the City Attorney and other City staff for the incorporation of the South Pointe design regulations into the Zoning Code of the City of Miami Beach, and. about the strec1SC8pC plan. Commencement of the strcerscape plan. Consulting with the Ciry Attmney with regard to development agreements for properties in the South Pointe area.. Continuing work. on the Code and Streetseapc plan. Workshop 1 with the Planning Board and the South Pointe Advisory Board for the incorpomtion of the South Poinre design regulations intO the Zoning Code of me City of Miami Beach and for input on the streetscapc plan. Continuing worle on the Code and streetseape plan. Workshop 2 with the Planning Board and the South Pointe Advisory Board for the incorporation of the South Pointe design regulations into the Zoning Code of the City of Miami Beach. Presentation of Pan I of streCtSCape plan, including priority sites established by Redevelopment Agency. Continuing work on the Code and streetscape plan. Workshop 2 with the Planning Board and the South Pointe Advisory Board for the incorporation of the South Pointe design regulations into the Zoning Code of the City of Miami Beach. Fmalizing of the incorpo.rarion of the urban regulations into the Zoning Code of the City of Miami Beach. Presentation of Part n of streetscape plan. including area south of 2nd Street Presentation to City Commi~sion final of modifications to the lDning Code. Continuing wmt on the Itreetscapc plan. Prewmtarion of Part III of streetSCape plan, including lCIJIllinder of South Pointe area. Connct amount: A ntIlnmum of $75.000. WEEK 11 (FER 13 ~ FER 17) WEEK 12 (FER 20 - FED 24) WEEK 13 (FED 27 - MAR 3) This scope of servioes allows for 10 meetings. including the workshops and presentations detailed above.. For additional meetings. the contraCt shall continue on an hourly basis for services as follows: Principal Project Manager Co(qpaterIDrafI $175.00 per hour $ 75.00 per hour $ 45.00 per hour RESOLUTION NO. 184- 9 4 A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT AGENCY WAIVING THE COMPETITIVE BIDDING PROCESS, AND AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY ("AGENCY") AND ANDRES DUANY AND ELIZABETH PLATER-ZYBERK ARCHITECTS, INC. WHEREAS, on September 8, 1993 the Miami Beach Redevelopment Agency Board approved a professional services contract with Andres Duany and Elizabeth Plater-Zyberk Architects, Inc. ("DPZ"); and WHEREAS, during the discussion of the South pointe Redevelopment Agency budget for Fiscal Year 94-95 it was pointed out that there was a need for a second phase professional services contract with DPZ; and WHEREAS, the Agency is desirous of incorporating the South pointe Design Guidelines into an amendment to the City of Miami Beach Zoning Code; and WHEREAS, the Agency requires technical assistance to the City of Miami Beach in reviewing proposals that are on properties in South pointe currently controlled by development agreements and/or requiring new development agreements; and WHEREAS, the Agency has been requested to develop a comprehensive streetscape plan that incorporates the urban design concepts contained in the. South Pointe Design Guidelines, including, but not limited to, landscaping, lighting, sidewalks, signage, and pedestrian and vehicular traffic; and WHEREAS, DPZ is uniquely qualified because of their role in earlier studies of the South pointe Area and the preparation of the South pointe Design Guidelines which were presented to the Redevelopment Agency Board on October 19, 1994; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Agency's Board hereby waives the competitive bidding process and authorizes the Chairman and Secretary to execute the attached Professional Services Agreement between the Agency and Andres Duany and Elizabeth Plater-Zyberk Architects, Inc. PASSED and ADOPTED this 7th FO~~~VED BY~~ Date /.-l- /.). /~y ATTEST: r(~~~ SECRETARY Miami ~each Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone: (305) 673-7193 Fax: (305) 673-7772 REDEVELOPMENT AGENCY MEMORANDUM NO. 94-55 December 7, 1994 TO: Chairman and Members of the Board of the Miami Beach Redevelopment Agency FROM: Roger M. Carlton J'A.~ ~ Executive Direct~~~ SUBJECT: STREETS CAPE PROGRAM RECOMMENDED IMPLEMENTATION PROCESS ADMINISTRATION RECOMMENDATION: The Administration recommends entering into a professional services contract with Andres Duany & Elizabeth Plater-Zyberk, Architects, Inc. (DPZ) to assist the City of Miami Beach with the following services: 1) incorporate the South Pointe Design Guidelines prepared by the aforementioned firm into an amendment to the zoning code; 2) provide technical assistance to the City of Miami Beach in reviewing proposals that are on properties in South Pointe currently controlled by development agreements and/or requiring new development agreements; and 3) develop a comprehensive streetscape plan that incorporates the urban design concepts contained in the South pointe Design Guidelines, including, but not limited to, landscaping, lighting, sidewalks, signage, and pedestrian and vehicular traffic. BACKGROUND: In September, 1993, the Redevelopment Agency Board approved a professional services contract with DPZ in the amount of $25,000. DPZ was deemed to be uniquely qualified to undertake this assignment because of their role in earlier studies of the South Pointe Area. The South pointe Design Guidelines presented by Elizabeth Plater-Zyberk to the Redevelopment Agency Board on October 19, 1994 were the result of this contract. ANALYSIS: When the South pointe Redevelopment Agency budget was prepared for Fiscal Year 94-95, we envisioned a second phase to the professional services contract would be needed. As we entered into discussions with DPZ regarding the scope of services for the Phase II agreement, it became apparent that the comprehensive streetscape S()UTti ()()I~ l?edevel()pment Ulstr1c::t crrr c~~12 ~evel()pment I)IstJ1{;t AGEN)A ITFli 3-B DECEMBER 7, 1994 plan was integrally related to the design criteria established in the South pointe Guidelines. Therefore, the Administration believes that incorporating the streetscape plan into the scope of services for the Phase II agreement will result in the comprehensive, high quality design that is desired. The detailed on a Request new Request project cost design phases for construction will be awarded based for Proposal process which will begin immediately. A for Proposal is necessary because the anticipated exceeds $500,000. CONCLUSION: The Administration recommends that the Phase II professional services agreement with DPZ encompass three major tasks: 1) incorporate the South pointe Design Guidelines prepared by the aforementioned firm into an amendment to the zoning code; 2) provide technical assistance to the City of Miami Beach in reviewing proposals that are on properties in South pointe currently controlled by development agreements and/or requiring new development agreements; and 3) develop a comprehensive streetscape plan that incorporates the urban design concepts contained in the South pointe Design Guidelines, including, but not limited to, landscaping, lighting, sidewalks, signage, and pedestrian and vehicular traffic. Compensation for these services will not exceed $75,000. RMC : MSD : j m PROFESSIONAL SERVICES AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY (AGENCY) AND ANDRES DUANY AND ELIZABETH PLATER-ZYBERK ARCHITECTS, INC. (CONSULTANT) FOR SOUTH POINTE REDEVELOPMENT AREA PHASE II THIS AGREEMENT made this \"1. {'1- day of ~c.. . l'19 1-, by and between the MIAMI 3ErlCH REDEVELOPMENT AGENCY hereinafter called the "Agency" I ..."hic=: term shall include its officials, successors, legal represen~a~ivesl and assigns, and ANDRES DUANY and ELIZABETH PLATER-ZYBERK ARCHITECTS, INC., an individual, hereinafter called the "consultant". -1- AGElIDA :rm.i 3-B DOCEMBER 7, 1994 Agreement: City Manager: Consultant: Final Acceptance: Fixed Fee: Project Coordinator: SECTION 1 DEFINITIONS This written Agreement between the Agency and the Consultant. "city Manager" means the Chief Administrative officer of the City. For the purposes of this Agreement, Consultant shall be deemed to be independent an contract:or, and not an agent or employee of the Agency. "Final Acceptance" means notice from the Agency to the Consultant that the Consultant's Services are complete as provided in section 4.8 of this Agreement. Fixed amount paid to the Consultant to allow for its costs and margin of profit. An individual designated by the city Manager to coordinate, direct and review on behalf of the Agency all technical matters involved in the Scope of Work. -2- Risk Manager: Services: Termination: Task: The Scope Consultant Services". The Risk Manager of the city, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. All services, work and actions by the Consultan~ performed pursuant to or undertaken under t~is Agreement described in section 2. Termina~ion of Consultant services as provided in Sec~icn ~.9 of this Agreement. A disc~e~e ?or~ion of the Scope of Services to be acccmplished by the Consultant, as described in section 2 herein, if directed and autl1orized. SECTION 2 SCOPE OF WORK AND SERVICES REOUIRED of is Work set for this forth l.n project Exhibit to be performed by "A", entitled "scope the of -3- SECTION 3 COMPENSATION 3.1 Consultant shall ~e compensated for the Services performed herein on a fixed :ee basis not to exceed Seventy-Five Thousand and no/lOa Dollars (75,000.00) for providing the services as set forth in Exhibit "A." hereto. FIXED FEE 3.2 payment shall be :::ade to the consultant pursuant to invoices submitted by the ccnsultan~ which detail percentage of completion of the services as se~ forth in Exhibit "A". Invoices shall be accompanied by a nar=a~:ve progress report which supports the invoices, and shall con~3.in a statement that the items set forth therein are true and correct and in accordance with the Agreement. payments of such :nvoices shall be made within 30 days of receipt by Agency. METHOD OF PAYMENT -4- SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT with respect to the performance of the services, the consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable services. In its performance of the Services, the Consultant shall comply with all applicable laws and ordinances, including but not limited to applicable regulations of the city, County, state, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES state of Florida Form PUR 7068, sworn statement under section 287.133 (3) (a) Florida statute on Public Entity Crimes, Exhibit "C". 4.3 PROJECT MANAGEMENT The Consultant shall 3.ppoint a qualified individual acceptable to the Agency to serve as proj ect Manager for the services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the Agency's Project Coordinator. -5- 4.4 TIME OF COMPLETION The services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the Agency subsequent to the execution of this Agreement, and Consultant shall adhere to the completion schedule as referenced by Exhibit "A" hereto. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the Agency or by any circumstances beyond the reasonable control of the Consul tant, including weather conditions or acts of God which render performance of the Consultant's duties impracticable. such extensions of time shall not be a basis for any claim by the Consultant for additional compensation, unless an extension is based on a delay caused solely by the Agency and is in excess of sixty (60) days. 4.5 NOTICE TO PROCEED Unless directed by the Agency otherwise, the Consultant shall proceed with the work only upon issuance of a Notice to Proceed by the Agency. 4.6 OWNERSHIP OF DOCUMENTS AND EQUIPMENT All documents prepared by the Consultant pursuant to this Agreement, are related exclusively to the Services described herein, and are intended or represented for ownership by the Agency and for reuse, if applicable and so deemed by the Agency. -6- 4.7 INDEMNIFICATION Consultant agrees to indemnify and hold harmless, the Miami Beach Redevelopment Agency and the city of Miami Beach and their officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omission or other wrongful conduct of the consultant, employees, or agents in connection with the consultant's performance of service pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the Agency in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to the Consultant for performance of this Agreement is the specific consideration from the Agency to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this article shall not include the obligation to indemnify the Miami Beach Redevelopment Agency and the city of Miami Beach and their officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the Agency and/or the city and their officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that -7- in any way directly or indirectly affects the other party. 4.8 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the city's Risk Manager. The Consultant: shall maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following insurance: 1. Consultant General Liability in the amount of $1,000,000.00. A certified copy of the Consultant's (and any subconsultants') Insurance Policy must: be filed and approved by the Risk Manager prior to commencement. 2. Workers compensation & Employers Liability as required per Florida statutes. 3. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverages must be given to the Agency and City's Risk Manager by the Consultant and his insurance company. 4. The insurance must be furnished by insurance companies authorized to do business in the state of Florida and approved by the Agency and City1s Risk Manager. 5, original certificates of insurance for the above coveragesmust be submitted to the .;gency and Ci ty' s Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, city Hall. 6. The Consultant is responsible for obtaining and submitting all -8- insurance certificates for their consultants, All insurance policies must be issued by companies authorized to do business under the laws of the state of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of ~his Agreement, and the Agency and city shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverages. 4.8.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the Agency and the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.8.2 certificates Unless directed by the Agency otherwise, the Consultant shall not commence any services pursuant to this Agreement until the Agency and the city have received and approved, in writing, certificates of insurance showing that the requirements of this -9- section (in its entirety) have been met and provided for. 4.9 When the consultant's Services have been completed, the consultant shall so advise ~~e Agency in writing. Final Acceptance shall not constitute a 'Naiver or abandonment of any rights to remedies available to the Agency under any other section of this Agreement. FINAL ACCEPTANCE 4.10 TERMINATION. SUSPENSION AND SANCTIONS 4.10.1 Termination for Default If through any cause wi thin the reasonable control of the consultant, the consultan-c shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the Agency shall thereupon have the right to termina-ce the Services then remaining to be performed by giving written notice to the consultant of such termination which shall become effective upon receipt by the Consultant of the written termination notice. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the consultant and its subcontractors shall be properly delivered to the Agency and the Agency shall compensate the Consultant in accordance with section 3 for all Services performed by the Consultant prior to Termination. Notwithstanding the above, the consultant shall not be -10- relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of the Agreement by the consultant and the Agency may reasonably withhold payments to the consultant for the purposes of set off until such time as the exact amount of damages due the Agency fren ~he consultant is determined. 4.10.2 Termination for convenience of Aqency The Agency may, for its convenience, terminate the services then remaining to be performed at any time by giving written notice to consul tani: of such termination, which shall become effective seven (7) days following receipt by Consultant of the written termination nOi::ce. In that event, all finished or unfinished documents and other mai:erials as described in Section 2 shall be properly delivered to the Agency. If the Agreement is terminated by the Agency as provided in this section, the Agency shall compensate the Consultant for all services actually performed by the consultant and reasonable direct costs of consultant for assembling and delivering to Agency all documents. Such payments shall be the total extent of the Agency I s liability to the consultant upon a Termination as provided for in this section. 4.10.3 The Agency also reserves the right to terminate the remaining services to be performed in the event the consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.10.2. Termination for InsolvencY -11- 4.10.4 sanctions for Noncom liance with Nond Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Agency shall impose such Agreement Sanctions as the Agency or the State of Florida may determine to be appropriate, including but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the services, in whole or in part. In the event the Agency cancels or terminates the services pursuant to this section the rights and obligations of the parties shall be the same as provided in Section 4.10.2. 4.10.5 Chanaes and Additions Each such change shall be directed by a written Notice signed by the duly authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said Notice. The Agency shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to proceed, or other documentation in this regard. 4.11 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The consultant shall not subcontract, assign, or transfer any work under this Agreement without the written consent of the Agency. When applicable and upon receipt of such consent in writing, the Consultant shall cause the names of the consulting -12- firms responsible for the major portions of each separate specialty of the work to be inserted into the pertinent documents or data. The Consultant shall include in such subcontracts the appropriate versions of the Sections of this Agreement as are necessary to carry out the intent of this Agreement, as instructed by the Agency. 4.12 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discri~inate against any employee or applicant for employment because of ~ace, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.13 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72- 82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the contract conditions hereunder. The Consultant covenants that it presently has no -13- interest and shall not acqu1re any interest, direct 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 be employed by the Consultant. No member of or delegate to the Congress of the united states shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the Agency for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.15 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Coordinator designated by the Agency. The Consultant's Project Manager and the Agency's Project Coordinator shall be designated promptly upon commencement of the Services. -14- All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the Agency listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Andres Duany & Elizabeth plater- zyberk, Architects, Inc. 1023 s.W. 25th Avenue Miami, Florida (305) 644-1023 TO AGENCY: Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7193 WITH COPIES TO: Office of the city Attorney city of Miami Beach 1700 convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed: and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTION -15- Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated either in the court system of the state of Florida or the United states District Court for the Southern District of Florida. 4.17 ENTIRETY OF AGREEMENT This writing and the Scope of Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Scope of Services are hereby incorporated by reference into this Agreement to the extent that the terms and conditions contained in the Scope of services are consistent with the Agreement. To the extent that any term in the Scope of Services is. inconsistent with this Agreement, this Agreement including the Scope of Services shall prevail. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the city commission of the city of Miami Beach. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the state of Florida. 4.18 LIMITATION OF AqencV'S LIABILITY The Agency desires to enter into this Agreement only if -16- in so doing the Agency can place a limit on the Agency's liability for any cause of action for money damages due to an alleged breach by the Agency of this Agreement, so that its liability for any such breach never exceeds the sum of Twenty-Five Thousand and no/100 Dollars ($25,000.00). Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the Agency for any damage action for breach of contract to be limited to a maximum amount of $25,000.00 less the amount of all funds actually paid by the Agency to consultant pursuant to this agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the Agency shall not be liable to the Consultant for damages in an amount in excess of $25,000.00 which amount shall be reduced by the amount actually paid by, the Agency to Consultant pursuant to this agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the Agency by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Agency's liability as set forth in Florida statutes, section 768.28. 4.19 Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the commercial ARBITRATION -17- Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. -18- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. By~~J~ (/~ Secretary By FOR AGENCY: ATTEST: FOR CONSULTANT: ANDR S DUANY & ELIZABETH PLATER- ZYBERK ARCHITECTS, INC. wwYl1h PiCi1il4\~ Secretary ATTEST: CORPORATE SEAL FORM APPROVED REDEVELOPMENT AGENCY GENERAL COUNSEL JC0 By Date i '2 - k~'i -19- Exhibit "A" PROPOSAL FOR CONSULllNG BY ANDRES DUANY AND EUZABElH PLATER- ZVBERK, ARCHlTECfS AND TOWN PLANNERS (OPZ) FOR TIm OTY OF MIAMI BEAOIWl1HREGARD TO THE SOU1lI POINTE REDEVFLOPMENT AREA pHASE n - SCOPE OF SERVICES: 1) int.:orporatc the South Pointe Design Guidelines prepared by the aforcmentiooed finn into an amennment to the zoning code; 2) provide technical assistance to the City of Miami Beach in reviewing proposals that are on properties in Soom Pointe currently controlled by development agrwnc;nts andIorIt'.quiring new development agreements: and 3) develop a comprehensive ~ plan thU incorporates the urban design conceptS contained in the South Pointc Design Guidelines. including, but not limited to, landscaping. lighting. sidewalks, signage, and pedestrian and vehicular araffic. WEEK 1 (DEe 5 - DEC 9) WEEK 1- WEEK 12 WEEK 2 (DEe 12 - DEe 16) WEEK 3 (DEe 19 - DEC 23) WEEK 4 (DEe 25 - DEe 30) WEEK 5 (IAN 2 - IAN 6) WEEK 6 (JAN 9 - IAN 13) WEEK 7 (IAN 16 - IAN 20) WEEK 8 (JAN 23 - JAN 27) WEEK 9 (JAN 30 . PEB 3) WEEK 10 (FEB 6 - FEB 10) Meeting to receive input from the City Attorney and other City staff for the incmporatiOD of the South Pointe design regulations intO the Zoning Code of the City of Miami Beach, and about the streelSC8pC plan. Commencement of the strcetseape plan. Consulting with the City Attorney with regard to development agreemCIllS for plllpemes in the South Pointc area. Continuing work on the Code and strCCtseape plan. Workshop 1 with the Planning Board and the South Pointc Advisory Board for the incorporation of tbe South Painte design regulations intO the Zoning Code of me City of Miami Beach and for input on the streetsCapC plan. Continuing worle on the Code and streetseape plan. Workshop 2 with the Planning Board and the South Pointc Advisory Board far the incorpcnlion of the South Pointe design regulations into the Zoning Code of the City of Miami Beach. Presentation of Pan I of StreCtSCapc plan, including priority siteS established by Redevelopment Agency. Continuing work on the Code and streetscape plan. Workshop 2 with the Planning Board and the South Pointe Advisory Board for the incmporation of the South Pointe design regulations into the Zoning Code of the City of Miami Beach. Fma1izing of the incorponuion of the urban regulations into the Zoning Code of the City of Miami Beach. Presentation of Part n of streetscape plan. including area south of 2nd Street Preseotatioo. to City Coatmiuion final of modifications to the Zoning Code. Continuing work on the stremeapc plan. Pfesl'mtllrion of Part ill of s~ plan, including remainder of South Pointe area. Contr1Ct amount A [YUInrnum of $75.001. WEEK 11 (FED 13 - FER 17) WEBK 12. (FED 20- FED 24) WEEK 13 (FED 27 - MAR 3) This scope of servioes allows for 10 meetings. including the workshops and presentations detailed abaYe.. For additional meetings. the contraCt shall continue on an hourly basis fur semccs as follows: Principal Project Mana&er ainpaterJDnfu:r $175.00 per bour $ 75.00 per hour $ 45.00 per hour