97-030 RESOLUTION NO. 97-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR PROFESSIONAL PLANNING SERVICES WITH IVEY,
HARRIS & WALLS, INC. FOR COMPREHENSIVE
PLANNING AND DRAFTING OF A LAND DEVELOPMENT
CODE AS SET FORTH IN RFP NO. 97-1-31-2; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement For Professional Planning Services With Ivey, Harris & Walls, Inc. for
Comprehensive Planning and drafting of a Land Development Code as set forth in RFP
97-1-31-2 and preparation of an optional urban design element.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Rogers-Libert, who
moved its adoption. The motion was seconded by Councilmember Holzberg, and upon
being put to a vote, the vote was as follows:
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Councilmember Patricia Rogers-Libert yes
Resolution No. 97-3__0
Page 2
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 15th day of April, 1997.
ARTHU~,~ S"I(I~DE~, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
/tms
AGREEMENT
This Agreement, made this [~- day of/~o£ t ~ , 1997, by and between the City of Aventura, Florida, a
Florida municipal corporation (hereinafter referred to as "City") and Ivey, Harris & Walls, Inc. (hereinafter referred
to as "Consultant").
WltEREAS, the City intends to use the Consultant's professional services for Comprehensive Planning
and drafting of a Land Development Code (hereinafter referred to as the "project"); and
WHEREAS, the Consultant is willing and able to perform such professional services for the City on the
terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the premises and mutual covenants herein contained, it is hereby
agreed as follows:
Section I. Scope of Services
1. The services of the Consultant will include the tasks as outlined in Exhibit I - Scope of Services,
attached hereto and made a part of this Agreement.
2. The City may request the Consultant to make changes in the scope of services; make revisions to
work that has been performed or to provide services in addition to those described in Exhibit I. Any changes,
revisions or additional services requested by the City that are not due to Consultant error or negligence will be
incorporated into the scope of services by written amendment to this contract and the Consultant shall be entitled to
additional compensation as mutually agreed to by the City and the Consultant.
3. If services of sub-consultants or outside experts are required to complete a task or tasks contained
in the scope of services, the Consultant shall obtain these services upon written authorization from the City. For
the services of sub-consultants employed by the Consultant for additional services, the Consultant shall charge a
reasonable administrative fee for expenses billed to the Consultant, upon prior approval from the City.
Section II. Period of Services/Progress/Delays
1. This Agreement will extend for the period which may reasonably be required for the completion of
the services described in Exhibit I and any amendments incorporated therein.
2. Consultant services which extend beyond the City's Fiscal Year period (October 1 through
September 30) shall be scheduled on a task(s) by Fiscal Year basis and Consultant invoices for these completed
tasks shall be submitted to City prior to September 30.
3. Consultant services will be identified by specific assignment based on the scope of services,
Exhibit i. Each assignment will be assigned a completion schedule and fee for services. The Consultant shall
work in a timely fashion to complete the assignment within the period of time specified by the City and agreed to
by the Consultant. Should the Consultant experience delays in completion of the assignment by the Consultant,
then the City reserves the right to retain twenty-five percent (25%) of the total amount of the Consultant's fee for
the assignment which is delayed, until the completion of the Scope of Services outlined in Exhibit I of this
Agreement. Said retainage shall be paid in full to the Consultant within thirty (30) days of the completion of the
final assignment outlined in Exhibit I of this Agreement, less such costs and expenses as the City shall incur as a
result of the delay. Said retainage shall be withheld by paying to the Consultant the full amount of all invoices
submitted during the assignment, not to exceed seventy-five percent (75%) of the total fees for the assignment until
the submission of the final invoice for that assignment. Should the City cause the delay of completion of any task
assigned to the Consultant in this Agreement, the Consultant shall not be penalized, provided the Consultant has
notified the City of the City-caused delay at the time of the said delay.
Ivey, Harris, & Walls, Inc. page 1 of 15
4. The Consultant agrees to provide the City upon request, interim work products by established
deadlines. The City will incorporate reasonable City review time for the consultant's work into the agreed upon
work schedule. The City will be entitled at all times to be advised as to the status of the work being done by the
Consultant, and the details thereof.
5. The Consultant will maintain an adequate and competent staff of qualified persons for the purpose
of rendering the required professional services as specified in the scope of services.
6. In the event there are substantial delays to the Project's scheduled completion date due to
circumstances determined to be beyond the control of the Consultant, the Consultant may submit a revised time
schedule and an adjusted fee based on the current hourly rate schedule to the City for review and negotiation. The
City shall meet with the Consultant to review the causes for the delay and to develop a revised time schedule. The
City shall negotiate with the Consultant in good faith, but the final determination of any extension of contract time,
or the cause of any delay shall be made by the City, which determination shall not be unreasonably made.
Section III. Payments to Consultant
1. The City shall pay the Consultant for Basic Services rendered, pursuant to the attached Exhibit II.
2. Additional Services. The City may use either Fixed Fee (a) or Hourly with Maximum Budget (b)
as a method of payment of approved additional services, or compensation for approved additional services may be
paid at the current approved hourly rates in effect at the time the additional services are authorized. The Consultant
agrees that pursuant to this Agreement, hourly rates charged for employees rendering services to the City at the
beginning of the contract period shall be shown in the Schedule attached hereto as Exhibit III for services which
are agreed to be paid for on an hourly basis. The Consultant may submit revised hourly rate schedules to the City
on or after the anniversary date of the execution of the contract for review and negotiation.
a. Fixed Fee. The City and Consultant shall negotiate a fixed fee for the Additional Services
prior to commencing same; or
b. Hourly with Maximum Budget. The Consultant and the City will negotiate a maximum
budget for the Additional Services. The Consultant will bill the City according to the currently approved hourly
rate schedule not to exceed this maximum budget.
3. Sub-Consultants. For services and reimbursable expenses of sub-consultants employed by the
Consultant (Sec. I, Par. 3), the City will reimburse Consultant the amount billed them plus a reasonable
administrative fee upon prior approval of the sub-consultant, the sub-consultant's fee and the Consultant's
administrative fee by the City.
4. Expert Witness. The City will pay the Consultant the current approved hourly schedule for
services as consultants or witnesses in any litigation.
5. Reimbursable Expenses. The City will pay the Consultant for costs of reimbursable expenses
incurred in the performance of the scope of services as shown on Exhibit II. Consultant invoices shall make a
distinction between professional services, which are based on an hourly rate, and reimbursable expenses which are
direct expenses, plus reasonable administrative fee. These two types of Consultant fees should be shown as
separate totals and constitute the total for the invoice.
6. Meetings. The Scope of Services includes a specified number of meetings to be attended by the
Consultant without additional compensation. Supplemental meetings requested by the City shall be billed
according to the payment criteria specified in the previous Section III.2.
Ivey, Harris, & Walls, Inc. page 2 of 15
Section IV. Times of Payment
1. The Consultant shall submit statements for the services rendered upon the completion of each task
listed in Exhibit I. The amount of reimbursement requested shall be in accordance with the cost for each task as
stated in Exhibit I. Fee statements will include the consultant's percentage of project completion. Statements will
include a summary in form and with detail satisfactory to the City of the services performed and any services still
remaining to be performed. Reimbursable expenses shall be paid to the consultant on a monthly basis, upon the
Consultant's presentation to the City of an itemized bill for review and approval.
2. Invoices that are submitted either monthly, or upon completion of each task, shall be paid by the
City in accordance with the provisions of Section 218.70, Florida Statutes.
Section V. General
1. The City may designate in writing a person to act as City's representative under this Agreement.
Unless otherwise changed in writing, this person shall regularly be the City Manager. The City Manager may
assign a project manager to a Project to work with the consultant representatives. Such person(s) shall have
complete authority to transmit instructions, receive information, interpret and define City policies and decisions
with respect to materials, equipment, elements and systems pertinent to the Consultant's services. Services
performed on any Project authorized by other than the City Manager or his designated project manager will be
considered to be unauthorized, and payment for same may not be made.
2. Should other City departments/divisions or agencies of the City seek to authorize work or secure
additional service, the City will not be obligated to pay for any such work or additional services pursuant to the
terms of this Agreement unless approved by the City Manager or assigned project manager in writing and in
advance of work being performed. Included in any approval to perform work will be identification of the funding
for payment of the services rendered.
3. The Consultant shall maintain complete and accurate books and records in a form acceptable to the
City relating to basic and Additional Services rendered and Reimbursable Expenses incurred pursuant to this
Agreement. The form of such books and records shall require that the Consultant allocate the cost of its services
among the various tasks and/or Projects.
4. The Consultant agrees, at its sole cost and expense, to correct all errors and other defects in the
Basic and any Additional Services rendered by the Consultant to the extent the errors and/or defects are the fault of
the Consultant.
5. The Consultant agrees for itself, its successor in interest and assigns that the Consultant, in the
furnishing of services to the City hereunder, shall subject no person to discrimination and that the Consultant shall
comply with all requirements imposed by any applicable federal, state and local laws, rules, regulations,
requirements, orders and directions which may pertain or apply to the services to be rendered by the Consultant
hereunder. The Consultant shall require all sub-consultant and special consultants to comply with the provisions of
this paragraph, but shall not be responsible for the failure of any sub-consultant or special consultant to comply.
6. All data, specifications, estimates, calculations, plans, drawings, transportation computer models,
construction documents, photographs, instruments, information and materials prepared or accumulated by the
Consultant (or by such sub-consultants and special consultants) in rendering services hereunder for which payment
has been made to Consultant shall be the sole property of the City who may reuse them at no additional cost and
the City shall be vested with all rights therein of whatever kind and however created; provided that the Consultant
shall in no way be liable or legally responsible to anyone for the City's use of any such materials on another
project.
7. The term of the contract shall be from date of award until SeFtember 30, 1999, with the ability, if
both parties mutually agree, to extend up to another two (2) years until September 30, 2001.
Ivey, Harris, & Walls, Inc. page 3 of 15
Section VI. Indemnity/Insurance Requirements
1. The Consultant will obtain or possess the following insurance coverage and will provide
Certificates of Insurance to the City prior to commencing operations under the contract to verify such coverage.
The insurance certificate shall contain a provision which forbids any changes or material alterations in the coverage
without providing thirty (30) days prior notice to the City. Furthermore, the City shall be named as additional
insured by the Consultant's insurance company.
2. To the fullest extent permitted by law, the Consultant shall defend, indemnify and hold harmless
the City and its agents and employees from and against all claims, damages, losses and expenses, including but not
limited to attorney's fees arising out of or resulting from the performance of the tasks, provided that any such
claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is
caused by any negligent act or omission of the Consultant, any sub-consultants, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder.
3. The Consultant shall secure insurance in the following categories in amounts not less than shown:
a. Workers' Compensation Statutory Dollar Limit
b. Comprehensive General Liability - $1,000,000
c. Comprehensive Automobile Liability - $500,000
d. Errors and Omissions (Professional Liability) (Included in 3(b)).
Section VII. Termination
1. Either Party. This Agreement may be terminated by either party upon seven (7) days written notice
in the event of material failure by either party to perform in accordance with the terms hereof through no fault of
the terminating party.
2. (a) By City for Conveniences. This agreement may be terminated at any time by the City for
convenience. If such termination occum upon completion of any phase of the basic services, progress payments
due the Consultant for service properly rendered through such phase shall constitute total payment for such
services. If such termination occurs during any phase of the basic services, the Consultant will be paid for services
rendered during that phase on the basis of any estimate of work properly completed to that date. In the event of any
termination, the Consultant will be paid for all unpaid completed and approved additional services and unpaid and
approved reimbursable expenses.
(b) By City for Cause. If this Agreement is terminated by the City for cause, Consultant shall be
entitled to payment for all services and expenses properly performed or incurred as provided in 2(a). The City shall
be entitled to the cost of securing replacement performance to the extent replacement performance costs are in
excess of that contemplated by this Agreement, but in no event shall Consultant be responsible for payment of any
services which are in excess of those contracted for between City and Consultant. Further, Consultant's
entitlement to payment for all services and expenses properly performed or incurred as provided in 2(a), will also
be less the costs, expenses and damages which city would legally be entitled to recover from Consultant, under the
laws of Florida, which are incurred by the City as result of the termination of Consultant for cause. The City shall
act in good faith to mitigate any and all of its costs, expenses and damages. Interest charges on the amounts the
City seeks to recover from Consultant as a result of Consultant's termination for cause shall begin to accrue upon
termination at the rate of twelve percent (12%) annum. City will exemise good faith in its determinations
regarding retention of funds due Consultant under this section, and shall exercise such good faith in employing
attorneys to collect moneys owed by Consultant to city and any costs associated therewith.
Ivey, Harris, & Walls, Inc. t~age 4 of 15
3. By Consultant for Cause. If this Agreement is terminated by Consultant for cause, Consultant
shall be entitled to payment for all services and expenses properly performed or incurred as provided in 2(a).
Section VIII. Conflicts of Interest
Due to the nature of work being performed by the Consultant for the City, the consultant agrees that he will
not accept any work that would produce a conflict of interest, give the appearance of a conflict of interest, or
compromise the reliability of the Consultant's professional judgment and recommendations during the term of this
contract and any extensions. Consultant shall notify the City Manager in writing of any potential conflicts, and the
City Manager shall in turn determine whether or not such a conflict exists, and notify the Consultant in writing of
his determination within ten (10) days of receipt of Consultant's written request for such determination.
Section IX. Assignment
This Agreement shall not beassignable by the Consultant.
Section X. Prohibition Against Contingent Fees
The Consultant warrants that it has not employed or retained any company or person, other than a bona
fide employee or sub-consultant working solely for the Consultant, to solicit or secure this Agreement, and that it
has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide
employee working solely for the Consultant any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
Section XI. Governing Law
This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any
litigation hereunder shall be inDade County, Florida.
Section XII. Attorney's Fees
In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and court costs.
Section XIII. Entire Agreement
This Agreement, including the Exhibits hereto, constitutes the entire Agreement between the parties and
shall supersede and replace all prior agreements or understandings, written or oral, relating to the matters set forth
herein.
Ivey, Harris, & Walls, Inc. page 5 of 15
1N WITNESS WHEREOF, the parties have executed this Agreement at Aventura, Florida the day and year
first above written.
Signed, sealed and delivered Ivey, Harris & Walls, Inc.:
in the presence of: Byj~, jo~, i~w/ A ~7
~/ . ey, Preside..,/
l~v Corem Exp. o,'u;,-~,* ....
~mm~'~ Bo--'nd~ By 87~i" la~~ Kimberly Ann K~rkpatrick
City of Avia:
Approved as to form and By:
I /
legal sufficiency for use and reliance by: Eric M. Soroka, City~M_an~er
the City of Aventura, Florida Attest:
~v/~'-~g4/( Teresa M. Smith, City Clerk
City Attorney
Ivey, Harris, & Walls, Inc. page 6 of 15
EXHIBIT I - SCOPE OF SERVICES
GENERAL UNDERSTANDING AND EXPRESSION OF THE ASSIGNMENT
This scope of services shall provide for Ivey, Harris & Walls, Inc. and their selected subconsultants, hereafter
referred to as the Consultant, to perform a series of data collection, data analysis, documentation, meeting
presentation and coordination services for the City of Aventura, hereafter referred to as the Client. The services
shall be those associated with the Consultant's preparation of a Local Government Comprehensive Plan and Land
Development Regulations consistent with the basic guidelines and requirements of Chapter 163, Florida Statutes
and Chapter 9J-5, Florida Administrative Code. The Comprehensive Plan effort shall also include the preparation
of an optional Economic Development Element and Urban Design Element.
IH&W shall be available to complete this pr%iect from the assembly and development of the data and analyses
through adoption and negotiation of any outstanding compliance issues with the State of Florida's Department of
Community Affairs. It is mutually anticipated that this effort shall, from the date of receipt of a Client executed
contract and notice to proceed, require approximately eighteen months to complete. The specific outline of tasks
and work product deliverables is as follows:
I. LOCAL GOVERNMENT COMPREHENSIVE PLAN
A. Data Collection
The Consultant shall gather and coalesce existing comprehensive planning information, as available to the
City from Dade County and other public and private service providers, as a departure point for additional
data collection and refinement. With respect to existing land use, natural resources, recreation, housing
and transportation data, the Consultant shall use the City's and Dade County's planning information
(including GIS files), archaeological and historic resource data from the State Department of Commerce,
Dade County and Florida Department of Transportation vehicle and traffic data, FEMA flood zone maps,
1990 U.S. Census data, USGS topographic maps, Florida Game and Freshwater Fish Commission
surveys, SJRWlvlD studies, University of Florida's BEBR population projections, and data from the
Shimberg Center for Affordable Housing. Utility line and plant information from the City service
providers, as well as data from previous studies known to the City, will be secured and referenced for plan
development. Procurement of a majority of this data and preparation of a summary data source file shall
constitute completion of this task.
B. Data Update and Refinement
The Consultant proposes to establish 1996 as the 'base year' for the City's 'existing conditions'
information. In order to develop a common set of updated plan information, the Consultant shall rely on a
combination of large scale aerial photo analysis, document research, and limited field investigations to
carry out the refinement of existing source information. Consultant work products shall consist of one set
of report-sized original hard copy and file maps, narrative in Microsoft Word, and spreadsheet tables in
Microsoft Excel.
C. Existing Conditions Mapping
Pursuant to data and analysis requirements of Chapter 9J-5 F.A.C., the Consultant shall prepare a set of
natural features maps (e.g., soils, flood zones, drainage features, land use, environmentally sensitive areas)
and built features maps (e.g., roads, parks, water & wastewater lines, and housing areas) of the City and its
surrounding environs. The maps shall be prepared electronically using a recent release version of
AutoCad. Digital graphic and data files from the City's GIS shall be used, in part, as base information for
Ivey, Harris, & Walls, Inc. page 7 of 15
this task. It is assumed that the City lot and street data is reasonably accurate and is registered to a
standard, geographic coordinate system. Final maps shall be black and white presentation format with
color overlays of information specific to each map.
The Consultant shall confer with the Client on the final format for the map title block, border and other
generic design elements. The Consultant shall prepare a draft of each plan element map for the City's
review and comment. Following one set of draft map revisions, report format (1 l"x 17") & presentation
format (30"x42") final hard copies, and electronic files of each map in AutoCad format shall be provided
to the City. Final electronic files shall be compiled and provided on compact disk(s). Other file media may
be substituted per Client instruction.
D. Data Analysis and Projections of Future Conditions
As agreed upon by the Client, the Consultant proposes to establish year 2005 and 2010 horizon years for
purposes of assessing plan-related needs of the City's future projected population. Based upon Chapter 9J-
5 F.A.C., the Consultant shall prepare the requisite analyses of existing and projected conditions for each
plan element. Submission of the draft supporting analyses for each element of the plan shall constitute
completion of this task. Ultimately, the detailed compilation of plans supporting data and analysis, to
include maps, narrative, and tables per the requirements of 9J-5, would be consolidated in one summary
document for ongoing reference. The Consultant shall be responsible for compiling the document original
in its draft and final form.
E. Future Conditions Mapping
Pursuant to the data and analysis requirements of Chapter 9J-5 F.A.C., the Consultant shall prepare a set of
proposed future condition maps for the City's natural and built environment. These maps would result, in
part, from the analysis of existing and projected data and the setting of goals, objectives and policies. As
with the existing conditions maps, the future map series would be prepared in draft form for City review
and comment. Final maps would be electronically prepared using a recent release version of AutoCad.
Final maps shall be black and white presentation format with color overlays of information specific to each
map.
F. Goals, Objectives and Policies
Chapter 9J-5 F.A.C. outlines a detailed set of minimum content requirements for the goals, objectives and
policies (GOPs) of the City's plan. These include the setting of levels of service for facilities and services,
specification of target objectives for all plan elements, the means by which such targets shall be sought and
achieved, and the City's philosophic position on issues of public interest.
As the former adopted jurisdictional plan for the City, the Consultant shall review the Dade County
Comprehensive Plan as one potential departure point for further discussion and refinement of the City's
proposed GOPs. However, the Consultant and City shall be jointly charged with the development of those
GOPs that best represent the local interests of the City of Aventura.
Based on the cumulative results of the data evaluation and the public participation process, the Consultant
shall prepare for and assist the City in the deliberation of a set of draft short- and long- term (per 9J-5)
GOPs of the Aventura Plan. Upon consideration and adoption by the City Council, the plan GOPs will
reside in a separate plan document for ongoing reference and action by the City's policy boards and
administrative staff.
G. Miscellaneous Meetings
During the course of the comprehensive plan process, the Consultant shall attend six (6) meetings with the
City Planning Advisory Board for the purpose of reviewing groups of draft plan elements. In addition, the
Consultant shall sponsor and attend two (2) "traveling" public presentations to selected groups (e.g., civic
associations) within the City. It is anticipated that the traveling meetings would be held on consecutive
days. Finally, the Consultant shall attend three (3) meetings with the City Council, one for the Plan
adoption hearing, the second for the review and consideration of comments following submittal of the Plan
Ivey, Harris, & Walls, Inc. page 8 of 15
to Department of Community Affairs. A minimum of two Consultant representatives shall attend each
meeting.
H. PUBLIC PARTICIPATION PROCESS
1. Council Visioning Workshop
One day-long visioning workshop with City Council members and staff will he sponsored and
attended by throe members of the Consultant team. IH&W subconsultant Ed Preston shall be lead
facilitator for this vision workshop. The purpose of this presentation will be to solicit clear input
and direction from elected officials as to their collective planning vision of Aventura's future.
2. Community Newsletters
In order to maintain an active knowledge of community involvement activities, the Consultant will
provide up to eight article supplements to the City's existing newsletter.
3. Vision Process Documentation
A final tangible work product of the Consultant shall be a simple and clear community vision
document designed for the end user. While this guide may not necessarily conform to
requirements of Chapter 9J-5, F.A.C., it will be a concise document that clearly defines the path to
accomplish the broad community vision. Additionally, on-going public participation guidelines
will be provided for use beyond the initial planning process.
I. OPTIONAL URBAN DESIGN ELEMENT
The Consultant proposes to prepare an Urban Design Element as an additional plan element beyond the
requirements of Chapter 9J-5, F.A.C. This element shall provide the broad direction for urban design
considerations (e.g., public spaces, edge treatments, building massing, lighting, signage, landscape and
hardscape) and shall provide a major basis for selected components of thc City's Land Development
Regulations. In effect, the element shall provide "visionary" design recommendations to guide the future
planning and development/redevelopment of land throughout the City.
J. DELIVERABLES
I. Twenty-five bound copies of the Draft Comprehensive Plan (separate Data and GOP Plan).
2. Sixty bound copies of the Final Comprehensive Plan (separate Data and GOP).
3. Thirty bound copies of the final Vision Document.
4. One set of report format (8.5' x 11") Goals, Objectives and Policies, and Comprehensive Plan
Data final hard copies, with narrative in Microsoft Word, and spreadsheet tables in Microsoft
Excel on compact disk.
5. All mounted presentation boards used during the course of the project.
6. Aerial photographs, both mounted hard copies and electronic files, used during the course of
the project.
K. PERFORMANCE DATE
The Consultant shall complete the preparation of the draft Comprehensive Plan on or before June 15,
1998. This schedule may be altered based upon the mutual agreement of the Consultant and Client.
Ivey, Harris, & Walls, Inc. page 9 of 15
II. LAND DEVELOPMENT REGULATIONS
The Consultant shall prepare of a set of plan implementation development regulations, to include procedural,
zoning and subdivision requirements. As with the development of the draft comprehensive plan, the Dade County
development regulations will provide a logical starting point for development of the City's LDR.
Based on preferences of the City's Administrative Staff, Planning Advisory Board, and Council, many alternative
code provisions may be considered for adoption. For example, portions of the state's Model Land Development
Code may offer some desired advantages to the City. Jurisdictions with development characteristics that the City
cares to emulate may serve as models for local code requirements. With respect to the City's already developed
areas, the code deliberations may warrant specific treatments for retroactive or amortized requirements. The tasks
to accomplish LDR development follow.
A. Land Development Regulations Data Collection
In collaboration with City staff, the Consultant shall gather and coalesce existing land development
regulation information. The Consultant shall gather additional regulatory information from a maximum of
four agencies or jurisdictions. Procurement of a majority of the cited data and the preparation of a
summary data source file shall constitute completion &this task.
B. Data Update and Refinement to First Draft Regulations
Based on collaboration with the City administrative staff, the Consultant shall proceed with excerpting and
compiling regulatory information from the various somces. Emphasis shall be placed on the use of graphic
representation of preferred standards. The result of this effort shall be a set of draft regulations that are
subsequently reviewed through a public, technical process by the City's Planning Advisory Board and City
Council. Consultant work products shall consist of a set of report sized original hard copy and graphics,
narrative in Microsoft Word and spreadsheet tables in Microsoft Excel.
C. Technical and Public Review Process
At the outset of the LDR process, the Consultant shall sponsor and attend one day-long technical visioning
workshop with the City Council to solicit input and direction. Subsequent to the preparation of the first
draft regulations, the Consultant shall attend a maximum of four (4) meetings with the City Planning
Advisory Board to solicit input from the public and Board members. Based on the collective input received
from the various review entities, the Consultant shall prepare two (2) sets of revisions to the draft LDR.
The Consultant shall be responsible for the preparation of the each original set of draft work products. The
Client shall be responsible for the distribution of the draft regulations, in whole or in part, to the selected
review entities.
D. Concurrency Management System
A local concurrency management system (CMS) will be detailed as part of the City's draft and final LDR.
The system shall be designed as a partially automated, user-friendly system in terms of input requirements
and output summaries. The system would require City labor in order to input individual development
applications and, at a larger scale, the periodic update of the base "existing plus committed project"
information. While the mechanics of the system are not as yet fully determined, the system shall be based
on a series o spreadsheets or data bases covering the required level of service monitoring parameters of
concurrency per Chapter 9J-5, F.A.C.: potable water, wastewater, solid waste, parks and recreation,
drainage, and traffic circulation.
The specific services of the Consultant shall be to prepare and calibrate the automated system, to input
base information for the initial "existing" conditions information, to document the input and output
mechanics of the system and conduct an educational workshop with the City staff with respect to the
operation of the system. The Consultant also shall be available to correct program errors, if any, that may
Ivey, Harris, & Walls, Inc. page 10 of 15
be discovered in the first year operation of the system. In terms of the automated complexity of the system,
it is jointly understood an agreed upon that the programming budget for this Task is based upon one
hundred and twenty (120) hours, at a billing rate of fifty dollars ($50.00) per hour, of the Consultant's
senior programming staff.
E. Deliverables
1. Twenty-five bound copies of the Draft Land Development Regulations.
2. Sixty bound copies of the Final Land Development Regulations.
3. One set of report format (8.5" x t 1") Land Development Regulations final hard copies, with
narrative in Microsoft Word, and spreadsheet tables in Microsoft Excel on compact disk.
4. All mounted presentation boards used during the course of the project.
5. Aerial photographs, both mounted hard copies and electronic files, used during the course of
the project.
F. Performance Date
The Consultant shall complete the preparation of the draft Land Development Regulations on or before
November 15, 1998. This schedule may be altered based upon the mutual agreement of the Consultant
and Client.
Ivey, Harris, & Walls. Inc. page 11 of 15
EXHIBIT II - FEES AND EXPENSES
Comprehensive Plan
Comprehensive Plan Task One - Data Collection 13,500.00
Comprehensive Plan Task Two - Data Refinement 12,900.00
Comprehensive Plan Task Three - Existing Conditions Mapping 11,500.00
Comprehensive Plan Task Four - Data Analysis and Projections 16,500.00
Comprehensive Plan Task Five - Future Conditions Mapping 9,100.00
Comprehensive Plan Task Six - Goals, Objectives and Policies 3,500.00
Comprehensive Plan Task Seven - Miscellaneous Meetings 10,500.00
Public Participation Process Task One - Visioning Process 2,200.00
Public Participation Process Task Two - Newsletters 2,400.00
Public Participation Process Task Three - Documentation 2,600.00
OPTIONAL: Urban Design Element 11,300.00
ESTIMATED TOTAL FEE $96,000.00
Land Development Regulations
Land Development Regulations Task One - Data Collection 4,000.00
Land Development Regulations Task Two - First Draft Regulations 19,300.00
Land Development Regulations Task Three - Technical and Public Review 8,500.00
Process
Land Development Regulations Task Four - Concurrency Management 13,200.00
System
ESTIMATED TOTAL FEE $45,000.00
Estimated Reimbursable Expenses
See attached spreadsheet for breakdown of costs: $28,609.28
Color graphics, materials, copies, telephone, aerial photographs, presentation materials,
GRAND TOTAL $169,609.28
Ivey, Harris, & Walls, Inc. page 12 of 15
City of Aventura Comprehensive Plan & Land Development Regulations
Miscellaneous & Out-of-Pocket Expenses
AERIAL PHOTOGRAPHY AND SCANNED IMAGES SUBTOTAL
Photos & Raster File Output ~ Set $ 4,550,00
MISC. PHOTOGRAPHY
Slides Prints Color Photo
Scans
Quantity 30I! 300 $ 55000
Cost $ 0~45 $ 060
Total $135.0I $ 80.00 $250.00 $565.00
PRESENTATION BOARD MOUNTING & LAMINATING
Gatorboard Laminate Heavy Gatorbd, Color Plots
Cost $ 4.50 $ 4.25 $ 5.60 $ 5.50
SF $19688177551 $i118517653[ 30.00 $ 2,40861;551 $5,658.63
Total
DOCUMENT REPRODUCTION & BINDING (2 Documents: Data (1) and GOP Plan (2) Comprehensive Plan - Printing & Binding per copy with color maps
Outside Color Color Cover Binder Total Cost Anticipated
Copies Copies per Copy Copies to
o. t,tycost $0.0437° $04960 $ 7.0
Total $ 4.80 $4 .40 $30.00 $ 4.00 $112.80 60 $6,768.00
Comprehensive Plan - Printing & Binding per copy with B&W maps (First Draft)
Outside Color Cover Tab Dividers Binder Total Cost Anticipated
Copies per Copy Copies to
Total $ 6.64 $ $ $7.00 $ 45.84 25 $1,146.00
Land Development Regulations - Printing & Binding per copy with color graphics (Intermediate & Final)
Outside Color Color Cover Binder Tab Total Cost Anticipated
Copies Copies Divider per Copy Copies to
85 x 11 8.5 x Il 11 x 11 Client
Quantity 240 $ 0.~50 $15.010 II $,650
Cost $ 0.04 $7.0(
Total $ 9,60 $ 40.50 $15.00 $ 7,0(I $3.00 $ 75.10 60 $ 4,506.00
Land Development Regulations - Printing & Binding per copy with B&W graphics (Draft)
Outside Color Cover Tab Dividers Binder Total Cost Anticipated
Copies per Copy Copies to
8.5x 11 llxll Client
QuantityCost $ 0.04285 $15,010 $ 0.650 $7.010
Total $ I .40 $15.00 $ 3.00 $ 7.00 $ 34A0 25 $ 860,00
Vision Process Document- Printing & Binding per copy Total Cost Anticipated
Outside Tab Dividers Color Cover Binder per Copy Copies to
Copies Client
Total $ 0.48 $ 4.50 $15.v0 $ 7.00 $ 26.98 30 $ 809A0
Ivey, Harris', & Walls, Inc. page 13 of 1 5
MAP PRINTING AND PLOTTING
Vellum Blueline
30x42 30x42
Qu t,ty 15001
Cost $1 L5
Total $1~725.00[ $ 110.00 $1,905.00
COMMUNICATION EXPENSES
18 months Telephone $ 900.00
30 letiers Overnight Fedex $ 270.00
15 packages Overnight Fedex $ 221.25 $1,391.25
MISCELLANEOUS EXPENSES
2 compact disks to Client $ 250.00
2000 In-house copies $ 200~00 $ 450.00
TOTAL EXPENSES $ 28,609.28
Ivey, Harris, & VFalls, Inc. page 14 of 15
EXHIBIT III - STANDARD HOURLY RATES
PRINCIPAL ....................................................................................................................................... 120.00
SR. ENGINEER ................................................................................................................................... 95.00
ENG1NEER V ...................................................................................................................................... 85.00
ENGINEER IV ..................................................................................................................................... 75.00
ENGINEER III ..................................................................................................................................... 65.00
ENG1NEER II ...................................................................................................................................... 55.00
ENGINEER I ....................................................................................................................................... 50.00
ENGINEER AS ST ............................................................................................................................... 35.00
CONSTRUCTION MANAGER .......................................................................................................... 60.00
PLANNING MANAGER .................................................................................................................... 90.00
SR. PLANNER ................................................................................................................................... 80.00
PLANNER IV ...................................................................................................................................... 75.00
PLANNER III ...................................................................................................................................... 65.00
PLANNER II ........................................................................................................................................ 55.00
PLANNER I ......................................................................................................................................... 45.00
PLANNER ASST ................................................................................................................................ 35.00
LANDSCAPE ARCHITECT MANAGER ......................................................................................... 80.00
SR. LANDSCAPE ARCHITECT ........................................................................................................ 70.00
LANDSCAPE ARCHITECT IV .......................................................................................................... 65.00
LANDSCAPE ARCHITECT III .......................................................................................................... 55.00
LANDSCAPE ARCHITECT II ........................................................................................................... 45.00
LANDSCAPE ARCHITECT I ............................................................................................................ 35.00
LANDSCAPE ARCHITECT ASST .................................................................................................... 32.50
SENIOR ENVIRONMENTAL SCIENTIST ....................................................................................... 90.00
ENVIRONMENTAL SCIENTIST III .................................................................................................. 60.00
ENVIRONMENTAL SCIENTIST II ................................................................................................... 45.00
ENVIRONMENTAL SCIENTIST I .................................................................................................... 40.00
ENVIRONMENTAL CAD TECH II ................................................................................................... 50.00
ENVIRONMENTAL ASST ................................................................................................................ 35.00
SR. CAD TECHNICIAN ..................................................................................................................... 70.00
CAD TECHNICIAN IV ....................................................................................................................... 60.00
CAD TECHNICIAN III ....................................................................................................................... 55.00
CAD TECHNICIAN II ........................................................................................................................ 50.00
CAD TECHNICIAN I .......................................................................................................................... 45.00
CLERICAL II ....................................................................................................................................... 48.00
CLERICAL I ........................................................................................................................................ 37.50
WORD PROCESSOR ......................................................................................................................... 37.50
Ivey, Harris, & Walls, Inc. page 15 of 15