97-22571 RESO
RESOLUTION NO.
97-22571
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM
OF EDA W FOR THE DEVELOPMENT OF A BEACHFRONT
MASTER PLAN FOR THE AREA FROM GOVERNMENT CUT
TO 47TH STREET PURSUANT TO RFQ NO. 78-96/97 .
WHEREAS, on March 19, 1997, the Mayor and City Commission authorized the
Administration to issue a Request for Qualifications (RFQ) for the development of a Beachfront
Master Plan for the area from Government Cut to 47th Street; and
WHEREAS, the City issued RFQ 78-96/97 for providing the required services on March
25, 1997, which resulted in the receipt of timely responses from the firms of EDA W, Sasaki
Associates, Inc., and William Lane Architects; and
WHEREAS, an Evaluation Committee approved by the City Manager met on June 16, 1997,
and after reviewing each proposal and interviewing the individual firms recommended the firm of
Sasaki Associates, Inc. as the top-ranked respondent, and the firm of EDA W as the second-ranked
respondent; and
WHEREAS, on July 16, 1997, the Mayor and City Commission adopted Resolution No. 97-
22481, accepting the ranking of responses received and authorized the Administration to negotiate
a professional services agreement with the number-one ranked firm, Sasaki Associates, Inc; and
WHEREAS, should the Administration not be able to reach agreement with Sasaki
Associates, Inc., it was further authorized to negotiate with the second-ranked firm, EDA W; and
WHEREAS, the Administration was unable to successfully negotiate with Sasaki
Associates, Inc. and therefore initiated negotiations with EDA W; and
WHEREAS, the Administration was able to successfully negotiate the attached Professional
Services Agreement with EDA W, in the amount of $125,000, with a maximum of $30,000 in
reimbursable expenses.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are hereby authorized to execute the attached Professional Services Agreement, in the amount of
$125,000, with a maximum of $30,000 in reimbursable expenses, with the firm of EDA W for the
development of a Beachfront Master Plan for the area from Government Cut to 47th Street, pursuant
to RFQ Number 78-96/97.
PASSED and ADOPTED this 21stdayof October, 1997.
ATTEST:
~O0>> 6 PaAck
APPROVED J.S TO
FORM & lANGUAGE
& FOR EXeCUTION
CITY CLERK
F:\PURC\$ALL\ASSETS\BEACHFRN\MASTERPL\BMPA W ARD.RES 10/13/97. I
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CITY OF MIAMI BEACH
:;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
Ittp:\\cLmiami-beach. f).us
COMMISSION MEMORANDUM NO. /02.- 0, 7
.
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: October 21,1997
FROM:
Jose Garcia-Pedrosa
City Manager
Subject:
A Resolution of the ayor and City Commission authorizing the Mayor and
City Clerk to execute a professional services agreement with the firm of EDA W
for the development of a Beachfront Master Plan for the area from Government
Cut to 47th Street pursuant to RFQ No. 78-96/97
ADMINISTRATION RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
On March 19, 1997, the Mayor and City Commission authorized the Administration to issue a
Request for Qualifications (RFQ) for the development of a Beachfront Master Plan for the area from
Government Cut to 47th Street. The Administration issued RFQ Number 78-96/97 on March 25,
1997, to solicit responses for the development of said Master Plan. Twenty-two (22) representatives
from interested firms were present at the mandatory pre-qualification conference held on May 15,
1997, and three responses were received.
Timely responses were received from Sasaki Associates, Inc. (Sasaki), EDA W, and William Lane
Architects. Coastal Systems International, Inc. submitted a response subsequent to the deadline.
Said response was not opened nor considered.
An Evaluation Committee appointed by the City Manager initially met on June 2, 1997, and
concluded its meeting schedule on June 16, 1997, at the close of the presentations by the three
respondents. The Evaluation Committee opined that both Sasaki and EDA W were well qualified
to develop the Master Plan. However, at the conclusion of the evaluation session and 'the
Committee's vote Sasaki was ranked one (1), EDA W was ranked two(2), and William Lane was
ranked three (3).
The City Manager reviewed the responses submitted and the report from the Chairman of the
Evaluation Committee and recommended that the Mayor and City Commission accept the ranking
recommended by the Evaluation Committee and authorize the Administration to commence
negotiations with the recommended firm.
continued......
AGENDA ITEM~
DATE~
Beachfront Master Plan
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October 21, 1997
On July 16, 1997, the Mayor and City Commission adopted Resolution No. 97-22481 accepting the
ranking of responses received and authorizing the Administration to negotiate a professional services
agreement with the number-one ranked firm, Sasaki Associates, Inc., and with EDA W, the second
ranked firm, if said negotiations were unsuccessful.
ANAL YSIS:
The Administration was unable to negotiate successfully with Sasaki Associates, Inc. and therefore
initiated negotiations with EDA W. The Administration was able to negotiate a professional services
agreement with EDA W in the amount of $125,000 for Phase I, with a maximum of $30,000 in
reimbursable expenses which would include costs such as reproductions, travel, lodging, long-
distance communications, and other related expenditures which are not included under the basic
servIces.
EDA W has been advised that a minimum of four presentations to the City Commission must be
provided at appropriate times during the development of the Master Plan. Furthermore, at least six
separate meetings are to take place with the respective organizations in the North Beach, Middle
Beach, and South Beach communities. An initial set of meetings will be held to obtain input from
each organization, and a final set of meetings will be held at the conclusion of the study to share the
firm's recommendations with each group.
If the resolution is approved, I intend to appoint a steering committee comprised of members of the
City Commission, the City Administration, Metro-Dade County, Hoteliers, and Beach
Concessionaires whose duty will be to oversee the work during the master planning phase. The
Administration proposes that the Committee include the following individuals:
Leo Salom ................. Fontainebleau Hilton. . . . . , . . . . . . . . . . . . . . . . . .. Hotel
David Miskit ..................... Delano .............................. Hotel
Jack Penrod ................ Penrod Brothers, Inc. ................ Concessionaire
Steve Boucher ............. Boucher Brothers, Inc. ................ Concessionaire
Mayra Diaz-Buttacavoli . . . . .. Assistant City Manager. . . . . . . . . . .. City Administration
Vince Andreano . . . . . . . . . . . . . . .. Beach Patrol ............... City Administration
Janette Gavarette ... Planning, Design, and Historic Preservation ... City Administration
Jose Damien . . . . . . . . . . . . . . . . .. Asset Manager . . . . . . . . . . . . . .. City Administration
TBA ... . . . . . . . . . . . . . . . . . . . . City Commissioner ............... City Commission
Jim Hoover. . . . . . Metro Parks and Recreation: Beach Maintenance ....... Dade County
CONCLUSION:
The Administration recommends that the Mayor and City Commission approve the professional
services agreement with EDA W for the development of a Beachfront Master Plan for the area from
Government Cut to 47th Street pursuant to RFQ No. 78-96/97 in the amount of $125,000.00, with
a maximum of $30,000 in reimbursable expenditures.
JGP:MDB:JD:rd ~
F:\PURC\$ALL\ASSETS\BEACHFRN\MASTERPL\BMPA W ARD.COM 10/14/97.2
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH, FLORIDA AND EDA W, INC. FOR PROFESSIONAL
SERVICES FOR THE DEVELOPMENT OF A MASTER PLAN FOR THE
BEACHFRONT FROM GOVERNMENT CUT TO 47TH STREET
THIS AGREEMENT made this 21st day of October , 1997, by and between the
CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors,
legal representatives, and assigns, and EDA W, Inc. (Consultant).
Agreement:
City Manager:
Consultant:
Pinal Acceptance:
Fee:
Project:
SECTION 1
DEFINITIONS
This written Agreement between the City 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 contractor, and not an agent or employee of the City.
"Pinal Acceptance" means notice from the City to the Consultant that the
Consultant's Services are complete as provided in Section 2 of this
Agreement.
Amount paid to the Consultant to allow for its costs and margin of profit.
The "Project" shall mean the whole of the Beachfront Master Plan which
Project
Coordinator:
Proposal
Documents:
Risk Manager:
Services:
Termination:
Task:
shall address the overall management and design of the beachfront area and
street-ends, which extends from Government Cut to 47th Street, as more
particularly described in the Scope of Services attached hereto as Exhibit" 1 ".
An individual designated by the City Manager to coordinate, direct, and
review on behalf of the City all technical matters involved in the Scope of
Work and Services.
Proposal Documents shall mean the a) Request for Qualifications No. 78-
96/97 for Development of a Beachfront Master Plan issued by the City, in
contemplation of this Agreement, together with all amendments, and b) the
Consultant's proposal, response, and revised fee proposal (Proposal) which
is incorporated by reference in this Agreement and made a part hereof.
The Risk Manager ofthe 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.
Termination of Consultant Services as provided in Section 4.11 of this
Agreement.
A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2 below, if directed and authorized.
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SECTION 2
SCOPE OF WORK AND SERVICES REOUIRED
The scope of work for Phase I and Phase II of the Project to be performed by the Consultant is set
forth in Exhibit "1 If, and in the Proposal Documents. Upon execution of this Agreement by the
parties and issuance of a Notice to Proceed, the City intends to commence Phase I of the Project,
with Phase II to be negotiated with Consultant at a future date, at the City's sole discretion.
SECTION 3
COMPENSATION
3.1
FEE
Consultant shall be compensated for the Services for Phase I, as set forth in Exhibit "1",
based on a lump sum fee of $125,000.00, plus up to $30,000.00 for reimbursable expenses. As
stated above, if the City elects to proceed with Phase II of the Project, the fee for same shall be
negotiated with Consultant at that time.
3.2
METHOD OF PAYMENT
Payment shall be made monthly to the Consultant pursuant to invoices submitted by the
Consultant in proportion to the percentage of the completion of those portions of the Project, as set
forth in Exhibit "2".
All invoices shall contain a statement that the representations made therein are true and
correct and in accordance with the Agreement. Payments shall be made within thirty (30) days of
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submission of an invoice to the City.
4.1
SECTION 4
GENERAL PROVISIONS
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
ofthe 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 as available with the office of Procurement, shall be filed by
Consultant.
4.3
PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as Project
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 City's Project Coordinator.
4.4
DURATION AND EXTENT OF AGREEMENT
The term ofthis Agreement shall be through the City's final acceptance of the Services, but
shall not exceed six (6) months from the date of issuance of a Notice to Proceed from the City,
unless said term is mutually extended in writing by the parties hereto..
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4.5
TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a written
Notice to Proceed from the City subsequent to the execution of this Agreement, and Consultant shall
adhere to the Completion Schedule as referenced by Exhibit "2" hereto.
A reasonable extension of time may be granted in the event the work of the Consultant is
delayed or prevented by the City or by any circumstances beyond the reasonable control of the
Consultant, including weather conditions or acts of God which render performance of the
Consultant's duties impracticable.
4.6
NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant shall proceed with the Services only
upon issuance of a Notice to Proceed by the City.
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 City. Any
4.7
reuse shall be approved in writing by the City.
INDEMNIFICATION
Consultant agrees to indemnify and hold hannless, the City of Miami Beach and its officers,
employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses,
4.8
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, errors, omissions or other wrongful conduct of the Consultant, its employees,
agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection
with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the
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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 City 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 City to the Consultant for the Consultant's
Indemnity Agreement.
The Consultant's obligation under this Section shall not include the obligation to indemnify
the City of Miami Beach and its 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 City and its officers, employees and agents. The parties each agree to give the other
party prompt notice of any claim coming to its knowledge that in any way directly or indirectly
affects the other party.
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
4.9
Risk Manager. The Consultant shall maintain and carry in full force during the term of this
Agreement and throughout the duration of the Project the following insurance:
1. Certificate of insurance of professional liability (errors and omissions) for a minimum of
$500,000 per occurrence.
2. Consultant General Liability in the amount of$1 ,000,000.00 per occurrence for bodily injury
and property damage (to include contractual products and completed operations). The City
of Miami Beach must be named as an additional insured on this policy.
3. Workers Compensation & Employers Liability as required pursuant to Florida Statute.
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The Consultant is responsible for obtaining and submitting all insurance certificates for its
sub-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 ofthe 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 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
coverage.
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any Services
pursuant to this Agreement until the City has received and approved, in writing, certificates of
insurance showing that the requirements of this Section (in its entirety) have been met and provided
for. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall.
4.10 FINAL ACCEPTANCE
When the Consultant's Services have been completed, the Consultant shall so advise the City
in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to remedies
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available to the City under any other Section of this Agreement.
4.11
TERMINATION. SUSPENSION AND SANCTIONS
4.11.1 Termination for Cause
If through any cause within the reasonable control of the Consultant, 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 thereupon have the right to terminate the Agreement and
the Services then remaining to be performed. Prior to exercising its option to terminate for cause,
the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall
grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10)
days, the City, upon seven (7) days notice to Consultant, may terminate this Agreement.
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 sub-
consultants shall be properly delivered to the City and the City 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 relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the
City may reasonably withhold payments to the Consultant for the purposes of set off until such time
as the exact amount of damages due the City from the Consultant is determined.
4.11.2 Termination for Convenience of City
The City may, for its convenience and without cause, terminate the Agreement and the
Services then remaining to be performed at any time by giving written notice to Consultant of such
termination, which shall become effective seven (7) days following receipt by Consultant of the
written termination notice. In that event, all finished or unfinished documents and other materials
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as described in Section 4.11.1 shall be properly delivered to the City. If the Agreement is terminated
by the City as provided in this Section, the City shall compensate the Consultant for all Services
actually performed by the Consultant and reasonable direct costs of Consultant for assembling and
delivering to City all documents. Such payments shall be the total extent of the City's liability to the
Consultant upon a termination as provided for in this Section.
4.11.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement and 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 4.11.2.
4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, the City shall impose such sanctions as the City 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 City cancels or terminates the Services pursuant to this
Section the rights and obligations of the parties shall be the same as provided in Section 4.11.2.
4.11.5 Chan~es 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 City shall not reimburse the Consultant for the cost of
preparing Agreement change documents, written Notices to Proceed, or other documentation in this
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regard.
4.12
ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.13
SUB-CONSUL T ANTS
The Consultant shall be liable for the Consultant's services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any
other person or entity acting under the direction or control of the Consultant. When the term
"Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any
other person or entity acting under the direction or control of Consultant.
4.14 EOUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not discriminate
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.
4.15
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
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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 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.
4.16
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 City 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.
4.17 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 City. The
Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon
commencement of the Services.
All other notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Consultant and the City listed below or may be
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city
of dispatch).
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Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT:
EDA W, Inc
Attn: Barbara Faga, F ASLA
Chair of the Board
3475 Lenox Road, Suite 100
Atlanta, GA 30326
(404) 365-1110
TO CITY:
Office of The City Manager
Attn: Jose Garcia-Pedrosa, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, 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.
4.18 LITIGATION JURISDICTION
This Agreement, shall be governed by and construed according to the laws of the State of
Florida.
Any litigation between the parties, arising of, or in connection with this Agreement, shall be
initiated in the court system of Dade County, Florida.
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4.19
ENTIRETY OF AGREEMENT
This writing and the 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 Services are
hereby incorporated by reference into this Agreement to the extent that the terms and conditions
contained in the Services are consistent with the Agreement. To the extent that any term in the
Services is inconsistent with this Agreement, this Agreement 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, if the amount does not exceed $10,000, as
approved by the City Manager, or if in excess of $1 0,000, as approved by the City Commission of
the City of Miami Beach.
4.20
LIMIT A TION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of Consultant's fee,
as set forth herein and in the attached Exhibit" 1 ". Consultant hereby expresses its willingness to
enter into this Agreement with Consultant's recovery from the City for any damage action for breach
of contract to be limited to a maximum amount of Consultant's fee herein, less the amount of all
funds actually paid by the City to Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess
of Consultant's fee herein, which amount shall be reduced by the amount actually paid by the City
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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 City 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 City's liability as set forth in Section 768.28, Florida Statutes.
4.21 VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any terms and conditions herein, exclusive venue
for the enforcement of same shall lie in Dade County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
By:
~~f~ck
City Clerk
By:
Yfl
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUnON
ATTEST:
FOR CONSULTANT:
EDA W, INC.
ATTEST:
~ (~~(17
~~
It> >lrrlrN Secretary
~f'~7
Corporate Seal
F:\PURC\$ALL \ASSETS\BEACHFRN\MASTERPL \PROFSER V .AGR 10/15/97
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Exhilbii "1"
SCOPE OF SERVICES
The beachfront Master Plan shall address the overall management of the beachfront area which
extends from Government Cut to 47th Street, including the design of the approaches to said
beachfront at all public street ends. The Master Plan shall include standards and guidelines for the
management, maintenance, development, and restoration and renourishment of the beachfront area.
The Task Force which represented a wide segment of the community, including residents, business,
and government interests, identified key issues and recommended solutions to address many of the
problems. The issues identified and the recommendations offered by the task force should be
evaluated and considered in the formulation of the beachfront Master Plan. These issues and
recommendations are categorized and contained below.
Phase I: Design, Standards, Management, Maintenance, Operations ........... $125,000
1. Identify and recommend guidelines for architectural design of concession facilities, signs,
beach chairs, umbrellas, beach equipment, landscaping, and restroom facilities.
a. Concession facilities
1. Design and color schemes for stands/kiosks
11. Design and color schemes for signs on stands/kiosks
111. Recommendation for style, material, and color of stackable beach chair
IV. Recommendation for style, material, and color scheme for umbrellas
2. Restroom Facilities
a. Design and color schemes for facilities
b. Recommended location and number of facilities
3. General Beachfront
a. Landscaping design plan
b. Landscape management and maintenance plan
4. Develop and propose requirements for enhancing the street-end entrances to the beach,
including parking, landscaping, and signs.
a. Street-ends
1. Design of approach to the street-end
11. Parking plan for the street-end
111. Landscaping design plan
IV. Landscape management and maintenance plan
v. Design and color schemes for signs
5. Ensure compliance with the Americans With Disabilities Act (ADA) on the beachfront.
6. Review and make recommendations for revisions to the Dade County beach management
contract.
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7. Beachfront Concession Operations
a. Review and recommend revisions to the existing Rules and Regulations for
Beachfront Concession Operators.
b. Develop criteria for selecting and permitting beachfront concession operators.
c. Develop criteria for the allocation and mix of the different types of concessions, such
as watersports, beach equipment (chairs, umbrellas, etc.), and food and beverage,
while ensuring unhindered public access to the beach area.
d. Establish operational and maintenance standards for concession operators, including
enforcement procedures that specifically addresses removal, storage, and disposal of
equipment, for non-compliance with the rules and regulations.
Reimbursable Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 30,000.00
PHASE II: Funding Mechanisms and Revenue Source Recommendations
I. Create a funding mechanism for the effective implementation and management of the master
plan.
II. Identify and recommend new revenue sources which may be derived associated with
beachfront operations.
III. Identify and recommend the types of recreation and special events activities which should
be permitted on the beach east of Collins Avenue and Ocean Drive.
-16-
Exhibit "2"
Time of Completion and Payment Schedule
I. Completion of Phase I, Design, Standards, Management, Maintenance, Operations, shall be
no later than 180 days from the date of issuance ofthe Notice to Proceed for Phase I.
II. Completion of Phase II, shall be 30 days from receipt of Notice to Proceed for Phase II from
the City.
III. Payments to Consultant shall be made at the conclusion and acceptance of each task in
accordance with the Fee Proposal, Exhibit "B", of the attached Master Plan/Revised Fee
Proposal, dated October 16, 1997, attached as Exhibit "3".
F:\PURC\$ALL \ASSETS\BEACHFRN\MASTERPL \PROFSER V .AGR 10/16/97
-17-
EXHIBIT 3
October 1, 1997
Revised October] 6, ] 997
Ms. Mayra Diaz-Buttacavoli
Assistant City Manager
City of Miami Beach
City Hall
] 700 Convention Center Drive
Miami Beach, FL 33 ]39
Facsimile Correspondence
(305) 673-7782
RE: Beachfront Masterplan/Revised Fee Proposal
Dear Ms. Buttacavoli:
It was a pleasure for Willy Bermello, Steve Pynes and me to meet with you and
your associates, Janet Gavarette and Joe Damian, on Thursday, September 25.
As we mentioned, our entire team is most excited about the opportunity to work
with you on this important assignment.
We understand from our discussions that the fee budget we originally submitted,
based on the anticipated Scope of Services described in our proposal to the City,
was different than what you have in mind. However, after talking with you in
greater detail, we believe that we can carry out the masterplanning services
consistent with your program scope without exceeding your established budget,
and that we can meet your target completion date not later than April 30, ] 998.
We have worked hard, over the weekend, to prepare our labor projections. We
believe that we can produce all of the necessary deliverables within your Phase 1
budget of $125,000.00.
We have attached, as Exhibit A, Scope of Services, a description that parallels
your own narrative definition of the required Scope of Services, broken out by
individual tasks.
The primary difference between our original and revised proposals is in the
public involvement program. Our revised proposal, described in the enclosed
document, features a very condensed public involvement program. We agree
with your suggestion ofa Steering Committee made up of representatives of the
principal constituents along the beachfront. The Steering Committee will meet
with the consultant team throughout the planning process. We envision that the
planning process will require three distinct workshops between the consultant
and the Steering Committee with input from the 3 neighborhood groups at the
initial workshop. We anticipate that a maximum of four presentations before the
EDAW
Landscape Architecture
Planning
Urban Design
Environmental Analysis
Site Engineering
Graphic Design
EDA W, Inc.
3475 Lenox Road
Suite 100
Atlanta, GA 30326
404 365-1110
FAX 404 365-1129
San Francisco
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Atlanta
Denver
Fort Collins
Huntsville
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Orlando
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London
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Sophia Antipolis
Sydney
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EDAW
City Commission to present the findings and recommendations of the plan may
be necessary.
Another key to the success of this project and our ability to satisfactorily perform
the contract obligations is a close working relationship between our project
manager and the City of Miami Beach's project manager. Of particular
importance to our performance on the project will be the timely delivery, by the
City, of information including base maps, surveys, GIS files, and lease
agreements.
We have attached our revised Scope of Services, along with our fee proposal for
the project. Please contact me if you have any comments or questions. We are
excited about the opportunity to work with you-and we assure you that you will
not be disappointed with your selection ofthe EDA W/B&A team. We know that
you and your colleagues at the City of Miami Beach have a tremendous respect
and confidence in B&A's abilities and their performance on behalf of the City in
years past. I want to personally assure you that, by the completion of this project,
you will feel the same about EDA Wand about the ability of our firms to work
together successfully as a team.
Sincerely
cc: WilIy Bermello
attachments
EDAW
EXHIBIT" A"
Scope of Services
Beachfront Masterplan, City of Miami Beach
PHASE 1.1
Task 1.
Task 2.
Task 3.
Task 4.
WORKSHOP NO.1: The consultant team will meet with the City of Miami Beach
Representatives and the Steering Committee to hold a goal setting session where the
project expectations, deliverables and action plan are discussed. At this meeting, the
consultant will explain the project methodology and solicit input from the various
members ofthe Steering Committee. Courtesy invitations will be issued to the
appropriate representatives of the respective organizations in the North Beach, Middle
Beach and South Beach communities in order to obtain input from each organization.
The Steering Committee and the consultant together with City Representatives will
physically survey the project site from Government Cut to 47th Street. The purpose of
this survey, by way of a "beach drive" will be to get everyone on the same page, talking
the same language; and, operating out of the same base of information.
DATA GATHERING: The consultant team will gather, assemble and document
available information for purposes of preparing base maps and other necessary drawings
on which to record and document all relevant information with respect to existing
conditions; and, problems and opportunities throughout the project site.
ALTERNATIVE DESIGN CONCEPTS: CONCESSIONS: The consultant shall
prepare alternative design concepts for concession facilities, signage, beach chairs,
umbrellas, beach equipment, landscaping and restroom facilities. These alternatives will
be presented in the format of drawings, photographic montages and sample boards.
The design concepts will illustrate options for design and color schemes, as well as style,
material and cost consequences of the different alternatives. In addition, as part of the
guidelines, the consultant team will analyze and make recommendations with respect to
operational guidelines, mix product and locational recommendations.
ALTERNATIVE DESIGN CONCEPTS: RESTROOMS: The consultant will analyze
and develop recommendations to improve restroom facilities throughout the project site.
These alternative recommendations will involve facility design, as well as design and
color schemes and the location of the restroom facilities so as to increase efficiency and
avoid interruption of vistas along the "street-ends" or from adjoining pathways. In
addition, the consultant will analyze certain options to address security issues as well as
problems related to homeless and vandalism issues. In addition, the management and
maintenance of restroom facilities will also be analyzed.
I Note: This initial contract is limited to Phase 1. The exhibit identifies both Phase 1 and Phase 2, in accordance with the original
RFQ/RFP, and for purposes of expediting a possible amendment to the contract, which would subsequently incorporate Phase 2
as part of the consultant's Scope of Services.
Task 5.
Task 6.
Task 7.
Task 8.
Task 9.
EDAW
GENERAL BEACHFRONT LANDSCAPING: The consultant shall develop
alternative recommendations for an overall landscaping plan for the beach front area from
Government Cut to 47th Street including but not limited to the "street-ends" and
adjoining public park facilities along the beachfront. The landscape design plans will
address planting, lighting, signage and street furniture. Consultant \vill assess the current
dune conditions and explore the possibility of planting on dune and in the beachfront
area. In addition, issues of management and maintenance will be addressed within each
ofthe alternative landscape plans for purposes of illustrating both relative initial capital
outlay and long term operational costs.
STREET-END CONCEPTS: The consultant shall develop alternative suggestions for
enhancing "street-end" entrances to the beach, including decorative pavement, street
plantings, decorative lighting, signage and other pedestrianization improvements.
In preparing the proposed alternatives for the "street-end" entrances, the consultant will
review prior proposals prepared by the consulting firm of Wallace, Roberts and Todd, for
"street-ends" at Collins and 17th, 18th and 19th Street; as well as other options
previously prepared by Coastal Consulting Group.
WORKSHOP NO.2: A second workshop will be held with City of Miami Beach
Representatives and the Steering Committee to review the consultant's analysis of
existing conditions, problems and opportunities and the proposed alternative suggestions
for concessions facilities; restroom facilities; general beachfront landscaping and design
improvements; and options for "street-ends" entrances to the beach area. At this
workshop session, issues related to operations, concession agreements, implementation
procedures, cost impact and dedicated revenue sources will be considered.
QUALITY ASSURANCE AND COMPLIANCE: Based on the results of Workshop
No.2 and input received with respect to the preferred alternative, the consultant will
proceed to verify that the proposed recommended improvements comply with the
American Disabilities Act and with the Dade County Beach Management Contract for
operations and maintenance of beachfront areas. Mr. Jim Hoover, head of the beach
maintenance effort for Dade County, will be consulted with as part of this process. In
addition, other local, regional and state regulations will be reviewed for purposes of
compliance and to assure that final recommendations are consistent with local, regional
and state regulations.
DRAFT MASTERPLAN: The consultant will proceed to finalize the recommendations
reached at Workshop No.2 as part of a Draft/Masterplan Report. These
recommendations and guidelines will be documented in a format that can be incorporated
as part of a manual, for use as reference, in the various concession agreements between
the City of Miami Beach and the concessionaires.
These final recommendations will also be prepared in a format, suitable for multimedia
presentation to the Steering Committee and possibly the City of Miami Beach
Commission.
2
Task 10.
Task 11.
Task 12.
Task 13.
EDAW
WORKSHOP NO.3: At this workshop, the consultant shall present a final draft ofthe
Beachfront Masterplan, to the Steering Committee for their final review and comments.
Each member of the Steering Committee will be presented with a draft copy, for their
review and final input. As in Workshop No.1, courtesy invitations will be issued to the
appropriate representatives of the respective organizations in the North Beach, Middle
Beach and South Beach communities in order to share the recommendations of the plan
with each group. At this workshop, input will also be solicited from City of Miami
Beach Staff as well as Dade County Maintenance and other departments which may be
involved in one way or the other with the beachfront areas of Miami Beach.
FINAL MASTERPLAN: The consultant shall take input received at Workshop No.3
and finalize the Beachfront Masterplan. Once the Beachfront Masterplan is finalized, the
consultant shall deliver one "camera-ready original" for final printing and reproduction
by the City of Miami Beach; as well as 3 black and white, photocopies for initial review
by City Staff.
CONCESSION OPERATIONS: The consultant shall review information provided by
purchasing and the department of property management of the City of Miami Beach, with
particular interest on the existing rules and regulations for beachfront concessions.
Particular interest will be given to existing licenses and/or contracts with concessionaires
throughout the beach project area. Procedures for the selection, contracting and
perm itting of beachfront concessions will be analyzed. The consultant will coordinate
with the City of Miami Beach City Attorney with respect to jurisdiction over
concessionaires located immediately behind major hotel properties along the project area.
Criteria will be established for the mix of concessions, to ensure a harmonious
relationship between these amenities and a convenient and comfortable public access to
the beach area. The consultant will analyze public areas for the possibility of concession
operations/maintenance options. Finally, issues of operations and maintenance standards
for the various concessionaires will be analyzed to assure full compliance with respect to
storage, installation and disposal of both equipment and furnishings within the beach
area. Rules and regulations will be established to address those concessionaires that fail
to comply with the established guidelines. In addition, criteria for the selection,
permitting and location ofthe various beachfront concessions will be addressed as part of
the study.
WorkshoplFinal Presentation: The consultant will make a final presentation, jointly
with the Steering Committee, before the City of Miami Beach Commission, to present the
recommended Beachfront Masterplan. This presentation can be part of public hearing
process or as part of a workshop session with the Commission. Only one such public
presentation with the Commission is anticipated. At this presentation, the consultant will
utilize either dry-mounted board or a multi-media presentation to present the study
methodology; analysis; findings; and, adopted recommendations summarized in the
Beachfront Masterplan.
3
PHASE 2.2
Task 1.
Task 2.
Task 3.
Task 4.
Task 5.
Task 6.
Task 7.
EDAW
GRANT APPLICATIONS: Prepare the necessary grant applications to secure
additional funding for further development of the various findings and recommendations
which form part of the Beachfront Masterplan.
DEDICATED REVENUE SOURCES: Assist in the identification or development of
new revenue sources which can be derived to offset the cost associated with beachfront
operations and debt service in connection with beachfront improvements and/or any other
general beachfront enhancement which might be part of the masterplanning process.
SPECIAL EVENTS: The consultant shall assist the City of Miami Beach in the
identification, siting and recommendation with respect to types of recreational and special
cultural events which should or not be permitted on the beach, east of Collins Ave and
Ocean Drive.
INTERIM REPORT: The findings and recommendations from the three above
referenced Tasks shall be documented as part of an interim report, addressing the
suggested improvements with respect to the recommended beachfront enhancements.
WORKSHOP NO.5: The consultant shall meet with the City's Representatives and the
Steering Committee to review the progress on the grant applications and draft
recommendations for the establishment of a dedicated revenue source for implementation
of the Beachfront Masterplan. In addition, the consultant's initial recommendations with
respect to special cultural events and other recreational amenities within the project area,
will be fonnally reviewed as part of this workshop.
FINAL MASTERPLAN REPORT: Based on input received from Workshop No.5,
the consultant shall proceed to finalize the Phase 2 report of the Beachfront Masterplan
and will submit the same for final review and comment by City Representatives and the
Steering Committee. Once review comments have been received, the consultant shall
proceed to incorporate said comments as part of the final Phase 2 Beachfront Masterplan
Report.
WORKSHOP/COMMISSION PRESENTATION: The consultant, together with the
Steering Committee shall present the findings of the Phase 2 Beachfront Masterplan
Report before the City Commission for their review and final acceptance.
2 Services under Phase 2, do not form part of the initial service order and therefore will not be performed unless specific written
authorization is issued by the City of Miami Beach to the consultant.
4
EDAW
EXHIBIT "B"
Fee Proposal
Beachfront Masterplan, City of Miami Beach
EDAW B&A Tom Graboski & TOTAL
Assoc.
PHASE 1
TASK I $7,500.00 $7,500.00 $750.00 $15,750.00
TASK 2 $1,250.00 $7,500.00 $1,000.00 $9,750.00
TASK 3 $7,500.00 $5,750.00 $1,000.00 $14,250.00
TASK 4 $1,250.00 $5,750.00 $500.00 $7,500.00
TASK 5 $6,250.00 $1,000.00 $1,000.00 $8,250.00
TASK 6 $6,250.00 $1,000.00 $750.00 $8,000.00
TASK 7 $5,000.00 $4,500.00 $750.00 $10,250.00
TASK 8 $1,250.00 $4,500.00 $1,000.00 $6,750.00
TASK 9 $5,000.00 $4,500.00 $500.00 $10,000.00
TASK 10 $5,000.00 $5,000.00 $500.00 $10,500.00
TASK II $5,000.00 $1,000.00 $1,000.00 $7,000.00
TASK 12 $1,250.00 $4,500.00 $500.00 $6,250.00
TASK 13 $5,000.00 $5,000.00 $750.00 $10,750.00
SUB-TOTAL $57,500.00 $57,500.00 $10,000.00 (1\1125,000.00
PHASE 2
TASK 1 $500.00 $500.00 \01$15,000.00 $16,000.00
TASK 2 $10,000.00 $10,000.00 - $20,000.00
TASK 3 $5,000.00 $5,000.00 - $10,000.00
TASK 4 $5,000.00 $1,000.00 - $6,000.00
TASK 5 $5,000.00 $5,000.00 - $10,000.00
TASK 6 $6,000.00 $10,000.00 - $16,000.00
TASK 7 $5,000.00 $5,000.00 - $] 0,000.00
SUB-TOTAL $88,000.00
Note: Total project amount excludes the contract reimbursables.
(A) Travel and lodging is estimated at $30,000.00 and not included in the $125,000.00.
(B) Prepared by Richard Rubin