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HomeMy WebLinkAboutClarion Associates Agreement AGREEMENT BETWEEN CITY OF MIAMI BEACH AND CLARION ASSOCIATES FOR PROFESSIONAL PLANNING SERVICES FOR THE IMPACT ANALYSIS AND DEVELOPMENT MITIGATION FOR MAJOR DEVELOPMENT PROJECTS .JUNE 2006 ( Deleted: MAY I Major Development Projects - Mitigation System ~. 2006 ( Deleted: May ~ T ABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 2 1.1 City 2 1.2 City Commission 2 1.3 City Manager 2 1.4 Proposal Documents 2 1.5 Consultant 2 1.6 City Project Coordinator 3 1.7 Basic Services 3 1.8 Project 4 1.8.1 The Project Cost 4 1.8.2 The Project Scope 4 1.9 Force Majeure 4 1.10 Contract Documents 5 1.11 Contract Amendment 5 1.12 Additional Services 6 1.13 Services 6 1.14 Schedule 6 1.15 Scope of Services 7 ARTICLE 2. BASIC SERVICES 7 2.1 Planning Services 8 2.2 Additional Services 9 2.3 Responsibility for Claims and Liabilities 9 2.4 Time 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 10 ARTICLE 4. ADDITIONAL SERVICES 13 ARTICLE 5. REIMBURSABLE EXPENSES 14 II ARTICLE 9. 9.1 9.2 9.3 9.4 9.5 9.6 TERMINATION OF AGREEMENT Termination for lack of Funds Termination for Cause Termination for Convenience Termination by Consultant Implementation of Termination Non-Solicitation ~. 2006 ( Deleted: May IS 17 17 18 18 18 19 19 19 20 20 21 22 22 23 25 J Major Development Projects - Mitigation System ARTICLE 6. COMPENSA TION FOR SERVICES ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS ARTICLE 10. INSURANCE ARTICLE II. INDEMNIFICATION ARTICLE 12. VENUE ARTICLE 13. LIMITATION OF LIABILITY ARTICLE 14. MISCELLANEOUS PROVISIONS ARTICLE IS. NOTICE SCHEDULES: SCHEDULE A SCOPE OF SERVICES SCHEDULE B CONSULTANT COMPENSATION SCHEDULE C HOURLY BILLING RA TE SCHEDULE D PROJECT SCHEDULE 27 35 36 37 iii Major Development Projects - Mitigation System ~l!'lL. 2006 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT CLARION ASSOCIATES FOR PROFESSIONAL PLANNING SERVICES FOR THE PREPARATION OF AN IMPACT ANALYSIS AND DEVELOPMENT MITIGATION SYSTEM FOR MAJOR DEVELOPMENT PROJECTS This Agreement made and entered into this _ day of June , 2006, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and CLARION ASSOCIATES, OF COLORADO, LLC., a Colorado limited liability partnership having its principal office at 1526 E. Franklin Street, Suite 102, Chapel Hill, North Carolina 27514 (hereinafter referred to as Consultant). WIT N E SSE T H: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more particularly described in this Agreement and the attached Schedule "A", and wishes to engage the Consultant to provide planning services for the Project at the agreed fees as set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of planning services relative to the Project, as hereinafter set forth. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: ~:May -~---~J ( Deleted: MID: Major Development Projects - Mitigation System ~, 2006 ARTICLE 1. DEFINITIONS 1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governmg and legislative body of the City. 1,3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees, including the Project Coordinator, and shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the REQUEST FOR QUALIFICA nONS No. 05-05/06 FOR IMP ACT ANALYSIS AND DEVELOPMENT MITIGATION SYSTEM, issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT: The "Consultant" is herein defined as Clarion Associates of Colorado LLC, a Colorado limited liability partnership having its principal office at 1526 E. Franklin Street, Suite 102, Chapel Hill, North Carolina 27514. When the tenn "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. Any subconsultants retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. The following subconsultants were included in the Consultant's Proposal and are hereby approved by the City for the Project: 2 ( Deleted: May .-.----.-J I Major Development Projects - Mitigation System .l=-. 2006 Fiscal and Impact Analysis Consultant: TischlerBise Transportation and Planning Consultant: Glatting Jackson Kercher Anglin Lopez Rinehart 1.6 CITY PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. 1.7 BASIC SERVICES: "Basic Services" shall include the planning and related professional services relative to the Project, as hereinafter set forth, including: planning, impact analyses, fiscal analyses, transportation, regulation, and growth management, as described in Article 2 herein and in Schedule "A" entitled "Scope of Services" attached hereto. 1.8 PROJECT: The "Project" shall mean the preparation of a strategy and implementation program for impact analyses and a development mitigation system for Major Development Projects in the City, as described in Schedule "A" attached hereto. 1.8.1 PROJECT COST: The "Project Cost", as established by the City, shall mean the total cost of the Project to the City including: professional compensation and expenses. 1.8.2 PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in Schedule "A" attached hereto. 1.9 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties' control; or by any other such causes which 3 ( Deleted: May ---~ Major Development Projects - Mitigation System ~. 2006 the Consultant and the City decide in writing justify the delay; provided, however, that market conditions, labor conditions, and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.10 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement; or a modification of the following: (1) written amendment to this Agreement signed by both parties; or (2) an approved Change Order. 1.11 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written order to the Consultant approved by the City, as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in the Project or the method and manner of performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.12 ADDITIONAL SERVICES: "Additional Services" shall mean those services described in Article 4 herein, which have been duly authorized in writing by the City Manager prior to commencement of same. 1.13 SERVICES: "Services" shall mean the services to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes other labor and materials, services provided, or to be provided, by Consultant to fulfill its obligations herein. 1.14 SCHEDULE: "Schedule" shall mean the schedules attached to this Agreement and referred to as follows: 4 ::=J ( Deleted: May I Major Development Projects - Mitigation System ~. 2006 Schedule A - Scope of Services. Schedule B- Consultant Compensation: The schedule of compensation to the Consultant for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional Services, as submitted by the Consultant and approved by the City. Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates to the Consultant as submitted by the Consultant and approved by the City. Schedule 0 - Project Schedule. 1.15 SCOPE OF SERVICES: "Scope of Services" shan mean the Project Scope as described in Schedule "A", together with the Basic Services and any Additional Services approved by the City, as described in Articles 2 and 5, respectively herein. ARTICLE 2. BASIC SERVICES The Consultant shan provide Basic Services for the Project as set forth hereafter. The Services for this Project will be perfonned by the Consultant upon receipt of a written Notice to Proceed issued by the City Manager, or his designee, and Consultant shan countersign the Notice to Proceed. A separate Notice to Proceed shall be reauired for commencement of each Task. as discussed in attached Schedule "A" entitled "Scope of Services", The Consultant's Basic Services shan consist of ..l-Tasks as described In attached Schedule A "Scope of Services". The Consultant shan coordinate with subconsultants, and confonn to an applicable codes and regulations. Consultant, as it relates to its Services, represents and warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions 5 ( Deleted: May -~ ( Deleted: _ Major Development Projects ~ Mitigation System ~. 2006 in which the Project is located, including, local ordinances and codes (City of Miami Beach), Florida Statutes, administrative rules and regulations including, Federal laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and regulations now in effect, and as may be amended or adopted at any time, and shall further take into account all known pending changes to the foregoing, of which it should reasonably be aware. The Consultant expressly agrees that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised in the planning profession for comparable Projects of this nature in South Florida. In addition, Consultant represents that it is experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to perform such Services. 2.1 PLANNING SERVICES: Consultant shall perform Planning Services as noted in attached Schedule "A" entitled "Scope of Servi ces". 2.2 ADDITIONAL SERVICES: If required and so approved by the City, Consultant shall provide Additional Services as noted in attached Schedule "A" entitled "Scope of Services". 2.3 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, subconsultants, and agents for the accuracy and competency of its professional work for the Project; 2.4 TIME: It is understood that time is of the essence in the completion of this Project, and in this respect the parties agree as follows: 2.4.1 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this 6 =:J ( Deleted: May Major Development Projects - Mitigation System ~. 2006 Agreement and the orderly progress ofthe Work. 2.4.2 The parties agree that the Consultant's Services during all tasks of this Project will be performed in a manner that shall conform with the approved Project Schedule, which is attached to this Agreement as Schedule "0". The Consultant may submit requests for an adjustment to the Project Schedule, made necessary by undue time taken by the City to approve the Consultant's work products, and/or excessive time taken by the City to approve the Services or parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to the Project Schedule if the request is made in a timely manner and is justified. 2.4.3 In providing the Services described in this Agreement, the Consultant shall use its best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the City Project Coordinator and City staff. 2.4.4 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance except to the extent that acts or omissions by the City or others make such performance impossible. 2.4.5 Consultant agrees that, when the Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certification of authorization, or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such servIces. 2.4.6 Consultant's project manager (herein after referred to as "Project Manager") is Craig Richardson. City agrees he is professionally qualified to undertake the role of project manager for this Project. The Project Manager is 7 ( Deleted: May Major Development Projects - Mitigation System ~. 2006 authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of Services to be provided and performed under this Agreement. 2.4.7 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do such from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any subconsultant engaged by Consultant, which request may be made by City with or without stating its cause. 2.4.8 Consultant herein represents to City that it has expertise in the type of professional services that will be performed pursuant to this Agreement. Consultant agrees that all Services to be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida. 2.4.9 Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without City's prior written consent, or unless incident to the proper performance of Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning Services to be rendered by Consultant hereunder, and Consultant shall require its employees, agents, and subconsultants to comply with the provisions of this paragraph. 2.4. I 0 The City and Consultant acknowledge that the Scope of Services does not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of the performance of the Services contemplated in this Agreement, Consultant determines that work should be performed to complete the Project which is, in the Consultant's opinion, outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items, Consultant shall notify the Project Coordinator, 8 .......=:J ( Deleted: May Major Development Projects - Mitigation System ~, 2006 in writing, in a timely manner, and obtain said Project Coordinator's written consent, before proceeding with the work. The Project Coordinator must comply with Contract Amendment processing requirements as outlined in Article I, II, prior to issuance of any written authorization to proceed with Additional Services to Consultant. If Consultant proceeds with additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort, and deemed included as a Basic Service herein, whether or not specifically addressed in the Scope of Services. Notice to the Project Coordinator does not constitute authorization or approval by the City to perform the work. Performance of work by Consultant outside the originally anticipated level of effort without the prior written consent of the City shall be at Consultant's sole risk. 2.4.11 Consultant shall establish and maintain files of documents, letters, reports, plans, etc. pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence for City to file in its filing system. In addition, Consultant shall provide electronic Project document files to the City, at the completion of the Project. 2.4.12 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner. 2.7.13 In the event Consultant is unable to timely complete the Project because of delays resulting from untimely review by City or other governmental authorities having jurisdiction over the Project, or such delays are caused by factors outside the control of Consultant, Consultant shall provide City with immediate written notice stating the reason for such delay and a revised anticipated schedule of completion. City, upon review of Consultant's submittal and such other documentation as the City may require, may grant a reasonable extension of time for completion of the Project and may provide reasonable compensation, if appropriate. 9 = ( Deleted: May Major Development Projects - Mitigation System ~, 2006 2.7.14 The Consultant covenants with the City to furnish its Services hereunder properly, in accordance with the standards of its profession and in conformance with applicable codes and other applicable Federal, State and local rules, regulations and laws, of which it should reasonably be aware, throughout the term of this Agreement. The City's participation in the Project in no way relieves the Consultant of its professional duties and responsibilities under applicable law and this Agreement ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City shall designate in writing a City Project Coordinator to act as the City's representative with respect to the services to be rendered under this Agreement (herein after referred to as Project Coordinator or City Projector Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to Consultant's Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.11, requirements, including but not limited to the following: a) The Scope of Services to be provided and performed by Consultant hereunder; b) The time the Consultant is obligated to commence and complete all such Services; or c) The amount of compensation the City IS obligated or committed to pay Consultant. 3.2 The City shall assist Consultant by placing at Consultant's disposal all information that the City has available pertinent to the Project, including previous reports and any other data relative to Consultant's completion of its responsibilities under the Agreement. Any conclusions or assumptions drawn through examination thereof shall be the sole responsibility of the Consultant. Additional Services required due to inaccurate, 10 ------l ( Deleted: May Major Development Projects - Mitigation System ~. 2006 incomplete or incorrect infonnation supplied by the City may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator's written consent, before proceeding with the work. If Consultant proceeds with the Additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service herein. 3.3 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as may be required at any time for the Project, including such auditing services as the City may require to verify the Consultant's applications for payment or to ascertain that Consultant has properly remitted payment due to sub consultants working on this Project for which Consultant has received payment from the City. 3.4 If the City observes or otherwise becomes aware of any nonconfonnance in the Project, the City shall give prompt written notice thereof to the Consultant. 3.5 The City shall furnish required infonnation and services and render approvals and decisions in writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services and of the Work. No approvals required by the City during the various phases of the Project shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.6 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 3.6. I The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement, except when noted otherwise (i.e., where delegated to the City Manager or his designee) in this Agreement. 11 -----1 ~ ( Deleted: May I Major Development Projects - Mitigation System .Lt!.!lL.2006 3.6.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 3.6.3 A1l required City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.6.4 The City Commission sha1l hear appeals from the administrative decision of the City Manager's appointed designee(s), upon the Consultant's written request, in which case the Commission's decision shall be final. 3.6.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand do1lars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.7 The City Manager or his designee(s) shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 3.7.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's Services. The City Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 12 -----~~ ( Deleted: M_ay Major Development Projects - Mitigation System ~. 2006 3.7.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.7.3 The City Manager, or his designee, shall be the sole representative of the City authorized to issue a Notice to Proceed, as referenced in Article 2 and the attached Schedule "A" entitled "Scope of Services". 3.7.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended). 3.7.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. ARTICLE 4. ADDITIONAL SERVICES 4.1 Additional Services for this Project will only be performed by the Consultant following receipt of a written authorization by the City Project Coordinator prior to commencement of same. Such authorization shall contain a description of the Additional Services required; an hourly fee, as provided in Schedule "C" with an "Not to Exceed" amount on additional Reimbursable Expenses (if any); and an amended completion date for the Project (if any). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable, which the Consultant shall not exceed without specific written authorization from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services requested by the City and all costs applied to such shall be verifiable through time sheet and reimbursable expense reviews. 13 =::J ( Deleted: May Major Development Projects - Mitigation System ~. 2006 4.2 The term "Additional Services" includes services involving the Consultant or any subconsultants whether previously retained for the Services or not, or whether participating as members with Consultant or not. 4.3 Additional Services may consist of the following: 4.3.] Providing such other professional servIces to the City relative to the Project which arises from subsequent circumstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant) which do not currently exist or which are not contemplated by the parties at the time of execution of this Agreement. ARTICLE 5. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant in the interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of $500, must be authorized in advance in writing by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting receipts, and other back-up material reasonably requested by the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". 5..2 Expenses subject to reimbursement in accordance with the above procedures may include the following: 5.2.1 Expense of reproduction, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Consultant and sub-consultants. Courier and postage between the Consultant and its sub-consultants are not reimbursable. 5.2.2 Expenses for reproduction and the preparation of graphics for community ]4 --~ ( Deleted: May Major Development Projects - Mitigation System ~, 2006 workshops ARTICLE 6. COMPENSATION FOR SERVICES 6.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed in Schedule "B" for Basic Services, based on the "Hourly Rate Schedule" presented in Schedule "C". Payments for Basic Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the City Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed in each Task so that the payments for Basic Services for each Task shall not exceed the progress percentage noted in the Consultant's Progress Schedule, submitted with each invoice. No markup shall be allowed on subcontracted Basic Services. The City and the Consultant agree that the Consultant's fee will be $49,852.00., as detailed in Schedule "B" and as approved by the City Commission on) une , 2006 for the provision of the services described in the Schedule "A" Scope of Services. 6.2 Additional Services authorized in accord with Article 4 will be compensated using the hourly rates forth in Schedule "e." Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 6.1 above. All Additional Services must be approved by the Project Coordinator, in writing, prior to commencement of same, as noted in Article 4. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 6.3 Reimbursable Expenses, as defined in Article 5, shall be paid up to the "Not to Exceed" amount noted in Schedule "B". Request for payment of Reimbursable Expenses shall be included with the monthly Basic Services payment request noted in Article 6. Proper backup must be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on Reimbursable Expenses. 15 ----'-= ( Deleted: May ( Deleted: _ ( Deleted: May J ---.J Major Development Projects - Mitigation System .L=-.2oo6 6.4 The City and the Consultant agree that: 6.4. I If the scope of the Project or the Consultant's Services is changed substantially and materially, the amount of compensation may be equitably adjusted by mutual agreement of the parties. 6.4.2 Commencing on December 31, 2006, the Hourly Billing Rate Schedule . shown in Exhibit "C" may be adjusted annually based upon the Miami - Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule. The maximum increase will be limited to three percent (3%). 6.5 No retainage shall be made from the Consultant's compensation on account of sums withheld from payments to Contractors. 6.6 Method of Billing and Payment. With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner. These billings shall identify the nature of the work performed; the total hours of work performed by employee category and the respective hourly billing rate associated with the employee category from the Hourly Rate Schedule. In the event subconsultant work is accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the City is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such Reimbursable. When requested, Consultant shall provide backup for past and current invoices that records hours for all Services by employee category and reimbursable by category. 6.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of Consultant's proper statement. 6.8 Final payment of the Consultant upon Project completion must be approved by the 16 l ( Deleted: May Major Development Projects ~ Mitigation System ~. 2006 Mayor and City Commission. ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS 7.1 Consultant shall keep such records and accounts and require any and all subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project, and any expenses for which Consultant expects to be reimbursed. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes. ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS 8.1 Electronic files of all documents, including, but not limited to, tracings, drawings, estimates, and studies completed or partially completed, shall become the property of the City upon completion, termination, or abandonment of the Project. Consultant shall deliver the above documents to the City within thirty (30) days of completion of the Project, or termination of this Agreement, or termination or abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of Services" for additional requirements). 8.2 Any re-use of documents by City without written verification or adaptation by Consultant for the specific purpose intended will be without liability to Consultant. 8.3 Consultant shall have the right to utilize such documents in the course of marketing, professional presentations, and for other business purposes. 17 -l ( Deleted: May I Major Development Projects - Mitigation System ~. 2006 ARTICLE 9. TERMINATION OF AGREEMENT 9.1 Termination For Lack Of Funds. The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding for the Project, the Project may be abandoned or terminated, and the City may cancel this Agreement as provided for herein without further liability to the City. 9.2 Termination For Cause. The City may terminate this Agreement for cause in the event that the Consultant (I) violates any provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of the Services or does not perform the Services in a timely and satisfactory manner, upon written notice to the Consultant In the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice from the City. 9.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant(s) or otherwise. 9.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 6 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 6. 9.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and submit to the City, as provided herein or as required in the written notice, all documents, including drawings, calculations, correspondence, and all other relevant materials affected by such termination. 18 --~ ( Deleted: May Major Development Projects ~ Mitigation System ~. 2006 9.2.4 In the event of a termination for cause, no payments to the Consultant shall be made for Services not satisfactorily performed. Consultant shall be compensated for all other Services rendered up to the time of receipt of said written termination. 9.3 Termination For Convenience. The City, in addition to the rights and options to Terminate for Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement, at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant, in writing, fourteen (14) days prior to termination. In the event City terminates Consultant's services for its convenience, as provided herein, Consultant shall be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 6 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article6. 9.4 Termination By Consultant. The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement, fails to timely perform its responsibilities under this Agreement as established in Attachment "A", Scope of Services, or unreasonably delays payment for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event, payment for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination shall be made in accordance with Article 6 herein. In the case of termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 9.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 9.5 Implementation of Termination. In the event of termination, either for cause or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (I) stop 19 ( Deleted: May Major Development Projects - Mitigation System ~. 2006 the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the City Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the Services performed, including drawings, calculations, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice Of Termination, And As Specifically Set Forth Therein. 9.6 Non Solicitation. The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. ARTICLE 10. INSURANCE 10.1 The Consultant shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the Consultant shall not commence with work on this Project until satisfactory proof of the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the following insurance coverage: (a) Professional Liability Insurance in the amount of One Mi11ion ($1,000,000.00) Dollars per occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance Policy. (b) Comprehensive General Liability Insurance in the amount of 20 ~ ( Deleted: May Major Development Projects - Mitigation System ~. 2006 $ I ,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, which will include products, completed operations, and contractual liability coverage. The City must be named as an additional insured on this policy. (c) Worker's compensation and employer's liability coverage within the statutory limits of the State of Colorado. 10.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage, to the Project Coordinator. 10.3 The insurance must be furnished by an insurance company rated B+: VI or better, or its equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. 10.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies required above. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. ARTICLE 11. INDEMNIFICATION Consultant herein agrees to indemnify and hold harmless the City, and its officer and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the Agreement. This Article I I, and Consultant's indemnification contained herein, shall survive the termination and expiration of the Agreement. City herein agrees to indemnify and hold harmless the Consultant and its subconsultants, 21 ~----_._----_...._._----J Deleted: May ~-_.~.~._.----~~._-- Major Development Projects - Mitigation System ~. 2006 and its officer and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional1y wrongful conduct of the City and other persons employed or utilized by the City in the performance of the Agreement. This Article 11, and City's indemnification contained herein, shal1 survive the termination and expiration of the Agreement. ARTICLE 12. VENUE 12.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. 12.2 This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. ARTICLE 13. LIMITATION OF LIABILITY 13.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on 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 amount of the fees for Services agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder. 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 22 ._--~ ro;leted: May Major Development Projects - Mitigation System ~. 2006 the fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actulllly paid by the City to the Consultant. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement in an amount in excess of the amount of fees due under this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant 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 subparagraph 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. ARTICLE 14. MISCELLANEOUS PROVISIONS 14.1 The laws of the State of Florida shall govern this Agreement. 14.2 Equal Opportunity Employment Goals: Consultant agrees that it wiII not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, disability or sexual orientation and wiII take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and selection for training, including apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action Policy. 14.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a.contract with the City for the construction or repair of a public building 23 ~ted: May ~__=:J Major Development Projects - Mitigation System ~_. 2006 or public work, may not bids or leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section by Consultant shall result in cancellation and may result in Consultants debarment. 14.4 No Contingent Fee: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 14.5 The Consultant represents that it has made and will make reasonable investigation of all subconsultants to be utilized in the performance of work under this Agreement to determine that they possess the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for the performance of the work under this Agreement. 14.6 The Consultant, its consultants, agents and employees and subconsultants, shall comply with all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of Miami Beach, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies as they relate to this Project. 24 [ Deleted: May Major Development Projects - Mitigation System ~. 2006 14.7 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. 14.8 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE 15. NOTICE 15.1 All written notices given to City by Consultant shall be addressed to: City Manager's Office c/o Assistant City Manager Tim Hemstreet City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: Miami Beach, Florida 33139 All written notices given to the Consultant from the City shall be addressed to: Craig Richardson, Vice President and Principal Clarion Associates 1526 E. Franklin Street, Ste 102 Chapel Hill, N. C. 27516 25 J ( Deleted: May Major Development Projects - Mitigation System ~. 2006 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH CITY CLERK MAYOR Attest CONSULTANT CLARION ASSOCIATES. Signature/Witness SignaturelVice-President and Principal Print Name Print Name 26 [ Deleted: May I Major Development Projects - Mitigation System J=.2006 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CLARION ASSOCIATES SCOPE OF SERVICES General Description and Purpose This Scope of Services involves completion of Part One of a two part planning and implementation process for the City of Miami Beach. The overarching goal of this two part Project is to develop a planning and regulatory system to evaluate the impacts and then appropriately mitigate Major Development Projects within the city. Part One: The Policy Framework, focuses on the development of a policy framework for the effort. This will be done through three primary tasks. First (Task I: Proiect Initiation and Scoping). the Consultant, with assistance from City staff, will establish baseline conditions in the city relevant to the development of a policy framework, and confirm the goals for the project established by the policy makers. This will include the synthesis of information related to the future growth/land use allocation under the city's comprehensive plan; evaluation of existing and future transportation conditions (based on existin~ data as provided bv the Citv), and off-street parking conditions; evaluation of the existing and future conditions of other public facilities relevant to the effort (schools and parks); evaluation of the city's concurrency management system; evaluation of affordable housing conditions; evaluation of relevant fiscal conditions; and evaluation of the existing regulatory environment for Major Development Projects. It will also involve a work session/kick-off meeting with the City Council to discuss the Project and its schedule, and re-confirm the goals for the Project. Second (Task 2: Policv Options for Planning for. Regulating and Mitigating Maior Development Projects), the Consultant will prepare a policy options report that outlines the various planning and regulatory policy options available to the city. It is contemplated that the options will include both planning, regulatory and fiscal options. Third (Task 3: Work session on Policv Options). the Consultant with conduct a work session with the City Council to discuss the policy options, and then get direction from the Council on which policy option(s) report they want to implement. Part Two: Implementation (Not budgeted as part of Scope of Services), involves the actual implementation of the policy option(s) selected by the City Council. It could include comprehensive plan amendments, regulatory modifications, and/or changes to laws and programs related to fiscal issues, and paying for the costs the city incurs to accommodate Major Development Projects. Part Two: Implementation, would only begin after the decision makers have made a decision about the most appropriate Implementation option, and directed Consultant to proceed with a specific implementation option. Because there are a significant variety of Implementation options the City will be considering in this project, the specific work program for Phase 2: Implementation, cannot be developed until completion of Phase 2. 27 ( Deleted: May Major Development Projects - Mitigation System ~, 2006 PART ONE: THE POLICY FRAMEWORK TASK 1: PROJECT INITIATION AND RECONFIRMATION OF PROJECT GOALS General In Task I, the Consultant will: . Review the base-line data, appropriate demographic information, studies, and related land use information provided by City staff. This will include: o Data showing the remaining allocation of development under the city's comprehensive plan. o The approved but unbuilt development in the city, and its type. o Existing land use conditions. o The future capacity for development under existing zoning. . Review the base-line data and projections related to transportation conditions provided by City staff. This will include: o Existing conditions of the road system; o Projected condition of the road system in 5, 10, and 20 years. o Existing condition of the public transportation system. . Review the base-line data and related information provided by City staff on off-street parking conditions, and future options for off-street parking. . Review the baseline conditions and projections related to public schools, provided by City staff. . Review the baseline conditions and projections related to parks, provided by City staff. . Review baseline conditions related to housing affordability for the work force, provided by City staff. . Review and evaluate the city's concurrency management system. . Review the city's existing comprehensive plan and land development regulations, as they relate to the review of Major Development Projects. . Review the city's budget and capital improvement plan as it relates to expenditures for roads, schools, and parks. . Prepare draft Goals for the Project. . Conduct two days of reconnaissance of the city to see how issues are playing out, and meet with City staff. . Conduct an initial kick-off meeting/ work session with the City Council to discuss project goals and related issues. Specific Tasks Task 1.1 - Review Base-line Data. and Studies. City staff will transmit to Consultant a summary of all relevant background documents, data, and information for review prior to the reconnaissance and kick-off meeting/work session with the City Council. These studies and data will include, at a minimum: . Data showing the remaining allocation of development under the city's comprehensive plan. . The approved but unbuilt development in the city, and its type. 28 ( Deleted: May Major Development Projects - Mitigation System ~. 2006 . Existing land use conditions. . The future capacity for development under existing zoning. . Base-line data and projections related to transportation conditions. This will include: o Existing conditions of the road system; o Projected conditions of the road system in 5, 10, and 20 years. o Existing conditions of the public transportation system. o Planned and proposed public transportation improvements. o Existing conditions of the pedestrian and bicycle network. o Planned and programmed improv~ments for the pedestrian and bicycle network. . Base-line data and related information on off-street parking conditions, and future options for off-street parking. . Baseline conditions and projections related to public schools. . Baseline conditions and projections related to parks. . Baseline conditions related to housing affordability for the work force. . The city's concurrency management system. . The city's existing comprehensive plan (including FLUM) and land development regulations. . The city's budget and capital improvement plan as it relates to expenditures for roads, schools, and parks. . Regional and other local plans, transportation studies, or park or school studies, as they might relate to the project. . Demographic data, data on existing population, and population estimates. . Other relevant background studies and information (e.g., settlement agreements with the Florida Department of Community Affairs (FDCA)). Task 1.2 - Prepare draft Goals. Based on a review of the background data and discussion with City staff, the Consultant will prepare a draft set of general Goals for the Project. The Goals will be informed by Consultant's review of the background data and studies outlined above. A preliminary draft of the Goals will be provided to City staff for review and comment. City staff will provide Consultant a consolidated set of comments. After City staff review and comment on the draft Goals, Consultant will make mutually agreed changes to reflect comments and suggestions. The Goals will be provided to the public and City Council prior to the kick-off meeting/work session with City Council in Task 1. Task 1.3 - Reconnaissance and Interviews. After review of the data, studies, plans, and regulations provided by City staff in Task 1.1, and preparation of the draft Goals in lask 1.2, Consultant will make Trip 1 to the city to participate in two days of reconnaissance and meetings with City staff, to see how issues are "playing out on the ground." In addition to reconnaissance, Consultant will spend one .day interviewing stakeholders and elected officials to get their individual input about their goals for the Project, and insight on particular issues. During the reconnaissance and interviews, Consultant will also document issues and goals of relevance to the project. Task 1.4 - City Council Kick-off Meeting/Work session. During Trip I, Consultant will facilitate and present materials at a kick-off meeting/work session with the City Council on the project. The purpose of the kick-off meeting/work session will be to discuss the project goals, work plan (scope of services), process, and schedule, and discuss the baseline conditions that 29 [ Deleted: May ( Deleted: task ~( Deleted: other Major Development Projects - Mitigation System ~. 2006 infonn the goal-setting and the policy options. The Consultant will receive input from the City Council regarding project goals, the schedule, the baseline data and existing conditions. 1: Responsibilities and Work Product Consultant Responsibilities /Deliverables: v' Review base-line materials (data, studies, plans, development codes, regulations, etc., sent by City staff). v' Prepare draft Goals for Project. v' Participate in reconnaissance to see how issues are playing out on the ground. v' Meet with City staff to refine work plan/ scope of services. v' Conduct work session/kick-off meeting with City Council on project Goals and related issues. City Staff Responsibilities: v' Deliver two copies of all data, studies, plans, codes, studies, and related documents, as outlined in Task 1. v' Summarize background data as described in Task 1 v' Review and provide consolidated set of comments on Goals of Project. v' Set up logistics for, and go with Consultant on reconnaissance. v' Meet with Consultant to refme work plan/scope of services. v' Organize work session/kick-off meeting with City CounciL Trip 1: v' One, two day trip to city for reconnaissance, meetings with City staff, interviews, and kick-off meeting/work session with City staff. Completion Date: One month after City staff provision of base-line materials to Consultant outlined in Task 1 (estimated to be two months after execution of Agreement). TASK 2: PREP ARE POLICY OPTIONS MEMORANDUM General In Task 2, the Consultant will: o Prepare Policy Options for Planning for, Regulating, and Mitigating Major Development Projects; and o Revise the Policy Options memorandum, based on City staff comments. Specific Tasks Task 2.1 - Prepare Policy Options Memorandum. After completion of Task I and direction from City Council on the Goals, Consultant will prepare Policy Options for Planning for, Regulating, and Mitigating Major Development Projects. It is a Policy Options memorandum that generally does the following: . Summarizes the existing conditions relevant to the design of a planning and regulatory system to assess the impacts and mitigate Major Development Projects. . Outlines the Goals of the Project. .. Discusses options available to the City to address the issue, in ways that are consistent with the Goals and legal requirements; and . Recommends several implementation approaches. 30 [ Deleted: May Major Development Projects ~ Mitigation System ~. 2006 The summary of existing conditions will focus on the following substantive areas as they might be affected by Major Development Projects: land use; roads and off-street parking; public transportation, parks; schools, affordable housing; fiscal conditions and paying for growth; and concurrency management. More specifically, this section will: . Identify the potential for Major Development Projects to impact the City, given the remaining capacity for growth and development in relation to what is allocated under the City's comprehensive plan and zoning; . Identify existing land use conditions and the potential to encourage land uses that have the potential to reduce certain public facility impacts (e.g., mixed use development); . Identify base-line data and projections related to transportation conditions, including existing and projected conditions of the road system, in order to evaluate mitigation options available for transportation impacts; . Identify base-line data and related information on off-street parking conditions, and future options for off-street parking. . Identify baseline conditions and projections related to public schools and parks, and the potential for the design of mitigation options. . Evaluate the city's budget and capital improvement plan as it relates to expenditures for roads, schools, and parks, and how and whether fiscal issues should fit into a planning and mitigation program for Major Development Projects. . Identify baseline conditions related to housing affordability for the work force and the potential to develop mitigation options. . Evaluate the city's concurrency management system, and its potential relationship to any type of planning and mitigation program for Major Development Projects. . Evaluate the city's existing comprehensive plan (including FLUM) and land development regulations, and their potential relationship to any type of planning and mitigation program for Major Development Projects. . Identify any other relevant background studies and information (e.g., settlement agreements with the Florida Department of Community Affairs (FDCA)) that might affect the design of a program. The section on project Goals will be based on the Goals presented and discussed with the City Council in Task I, with any changes directed by the City Council. The section on policy options will outline different options (tools) available to the city in the design of a planning, regulatory, .and mitigation program for Major Development Projects. The options presented will be integrated and coordinated with each other (it is contemplated that the program will probably have multiple parts, so the component parts will be structured and coordinated to be complete and self-supporting). Where other local governments either in Florida or other parts of the nation have used the options (tools) highlighted, the section will provide a brief discussion of the local government's use of the tool, am\. its pros and cons. Also, and where relevant, this section of the memo will identify any legal, administrative, institutional, or other potential limitations with the too\. Based on the discussion and evaluation of potential options available to the city in the design of a planning, regulatory, .and mitigation program for Major Development Projects in the previous section, the concluding section of the memo will recommend one or two of the options for the City. The options presented will be integrated, coordinated, and self-supporting. The section will 31 ( Deleted: May { Deleted: { Deleted: { Deleted: Major Development Projects - Mitigation System ~.2006 also discuss any legal, administrative, institutional, or other potential limitations with the options, and outline what needs to be done to implement the option. It is contemplated that the option(s) will be broad-based, and could involve both comprehensive plan and regulatory amendments, as well as other support studies. Task 2.2 - Revise Draft Policy Options Memo. A preliminary draft of Policy Options for Planning for, Regulating, and Mitigating Major Development Projects, will be provided to City staff for one round of review and comment. City staff will provide Consultant a consolidated set of comments. After City staff review and comment on the draft Policy Options Memo, Consultant will make mutually agreed changes to reflect comments and suggestions. The memo will then be provided to City staff for distribution to the public and City Council prior to the worksession with City Council on the Policy Options Memo in Task 3. Task 2: Responsibilities and Work Product Consultant Responsibilities/Deliverables: v' Prepare draft Pong Options for Phnningfor, I~gllhting, and Mitigating Major Development Projeds. v' Revising Policy Options Memo, based on City staff comments. City Staff Responsibilities: v' Review and provide consolidated set of comments on Polity OptionJfor PhnninJ!Jor, Regllhting, and Mitigating Major Development Projeds. v' Distribute Policy Options Memo to City Council and public. Completion Date: Two and one-half months after completion of Task 1 TASK 3: WORK SESSION ON POLlCY OPTIONS MEMO After completion of Policy Options for Planning for, Regulating, and Mitigating Major Development Projects, the Consultant will conduct a work session with the City Council to discuss, present, and get input from the City Council and the public on the Policy Options Memo. The purpose of the work session is for Consultant to outline the issues and considerations relevant to the design and implementation of a planning, regulatory, and mitigation program for Major Development Projects for the City, and discuss the recommended option(s), and receive direction on the appropriate Implementation option from the City Council. It is only after receipt of direction from City Council that Consultant can proceed to Phase 2: Implementation. Task 3: Responsibilities and Work Product Consultant Responsibilities/Deliverables: v' Conduct work session on Policy Memo with City Council, receive input and direction. City Staff Responsibilities: v' Organize work session with City Council. 32 [ Deleted: May Major Development Projects - Mitigation System ..!.lli!L,2006 One, one day trip to city for work session with City Council on Policy Memo. Completion Date: Three weeks after completion of Task 2. PART TWO: IMPLEMENT A nON Part Two: Implementation, involves the actual implementation of the policy option(s) selected by the City Council in Task 3. It could include comprehensive plan amendments, regulatory modifications, and/or changes to laws and programs related to fiscal issues, and paying for the costs the city incurs to accommodate Major Development Projects. Part Two: Implementation, only begins after the decision makers have made a decision about the most appropriate Implementation option(s), and directed Consultant to proceed with a specific implementation option. Because there are a significant variety of Implementation options the City will be considering in this Project, the specific work program for Phase 2: Implementation, cannot be developed until completion of Phase 2. It can be developed either concurrent with or shortly after the City Council's consideration of Policy Options for Planning for, Regulating, and Mitigating Major Development Projects. 33 J ( Deleted: May I Major Development Projects - Mitigation System J.!i!1L, 2006 SCHEDULE B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CLARION ASSOCIATES CONSUL T ANT COMPENSATION In consideration of the services to be perfonned by the Professional under this Agreement, Committee agrees to pay Professional an amount not to exceed $,49,852.00,.. See schedule below for compensation by task. ~ PART ONE: THE POLICY FRAMEWORK COMPENSATION Task 1: Project Initiation/Project Goals $19.101.00 Task 2: Prepare Policy Options Memorandum $21.390.00 Task 3: Work Session on Policy Options Memo $9.361.00 Please refer to attached schedule. 34 l ( Deleted: May ( Deleted: ( Deleted: _ I Major Development Projects - Mitigation System SCHEDULE C PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CLARION ASSOCIATES HOURLY BILLING RATE SCHEDULE Classification Hourlv Billine: Rate (FY 2006) CLARION ASSOCIATES Principal! Project Director Principal Advisor Associate Associate $190.00 per hour $210.00 per hour $110.00 per hour $65.00 per hour TISCHLER ASSOCIATES Principal! President PrincipalNice- Presi dent Senior Associate Associate $200.00 per hour $190.00 per hour $185,00 per hour $160.00 per hour GLA TTING JACKSON Principal 4 Transportation Engineer 4 Transportation Engineer 3 Transportation Engineer I Principal 6 Principal 2 Planner 4 Planner 4 Graphic Artist 2 Administrative Assistant $225 per hour $130 per hour $110 per hour $75 per hour $275 per hour $190 per hour $$130 per hour $ 130 per hour $85 an hour $60 per hour 35 ~. 2006 ( Deleted: May I Major Development Projects - Mitigation System SCHEDULE D ~. 2006 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CLARION ASSOCIATES PROJECT SCHEDULE Task Completion Date Description: PART ONE: THE POLICY FRAMEWORK Project Initiation and Reconfirmation of Project Goals 2 Prepare Policy Options Memorandum 3 Work Session on Policy Options Memorandum One month after City staff provision of baseline materials to Consultant outlined in Task I (estimated to be two months after Notice to Proceed Two and one-half months after completion of Task I Three weeks after Completion of Task 2 PART TWO: IMPLEMENTATION Work Program and schedule to be determined after completion of Part One: The Policy Framework The above durations include, in working days, the response time of the City and the Program Manager. 36 -~ ( Deleted: May