08/09/1989BRW, INC. 200 FIRST AVENUE NORTH
24 July 1989
PLANNING
TRANSPORTATON
ENGINEERING
URBAN DESIGN
SUITE 206, JANNUS LANDING ST PETERSBURG, FLORIDA 33701 PHONE: 813/895-1692
Mr. Donald L. Craig
Assistant County Administrator/
Growth Management
County of Monroe
5825 Junior College Road
Key West, Florida 33040
Dear Mr. Craig:
This letter is to serve as an addendum to the Lower Matecumbe Key Agree-
ment between Monroe County and BRW, Inc., for the review and evaluation
of the Holiday Isle Parking Study.
BRW, Inc's responsibilities shall include the following:
a.1) Review and evaluation of the Holiday Isle Parking Study for
conformance with Monroe County Land Development Code Regulations,
specifically Section 9.5-480 (c)(1)c.
a.2) Review and analysis of the Holiday Isle Parking Study for con-
formance wtih acceptable Traffic engineering circulation and
parking design.
a.3) Review and consider existing material pertaining to U.S. 1 Traffic
Capacity analysis ROW design maps.
Monroe County shall compensate BRW, Inc., for these services as follows:
b.1) For the delivery, within 6 weeks, of a written report and sketch
analysis on the original blue line drawing: hourly, according
to the attached fee schedule, but not to exceed $2,700.
b.2) In addition Monroe County shall reimburse BRW, Inc., for all direct
expenses associated with providing professional and analytical
services including travel, lodging, meals, and any special
reproduction costs associated with the work and approved by Monroe
County.
AN AFFILIATE OF THE BENNETT. RINGROSE WOLSFELD, JARVIS. GARDNER. INC.. GROUP
DAVID J. BENNETT DONALD W RINGROSE RICHARD P WOLSFELD PETER E JARVIS LAWRENCE J. GARDNER THOMAS F CARROLL CRAIG A AMUNDSEN DONALD E HUNT
MARK G. SWENSON JOHN B. McNAMARA RICHARD D. PILGRIM DALE N. BECKMANN DENNIS J SUTLIFF JEFFREY L BENSON RALPH C. BLUM DAVID L. GRAHAM
ST. PETERSBURG PHOENIX TUCSON DENVER MINNEAPOLIS
Mr. Donald L. Craig
Assistant County Administrator/
Growth Management
County of Monroe
24 July 1989
Page 2
If this Agreement is acceptable to you, please have one copy executed and
return it to us. We look forward to working with you, and for Monroe
County.
Sincerely, Accepted
Monroe County
BY:
BRW, INC. Mayor, Board of
County Commissioners
Jac Lynch
Vic President
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
sy
AGREEMENT FOR PROFESSIONAL
PLANNING SERVICES
This Agreement made by and between the Monroe County Board of County
Commissioners, Monroe County, Florida, (hereinafter called the "CLIENT"),
and BRW, Inc., 200 1st Avenue North, Suite 206, St. Petersburg, Florida,
33701, (hereinafter called the "PLANNER").
WITNESSETH:
WHEREAS, the CLIENT, in pursuing its goal of preparing a Community Plan
for Lower Matecumbe Key, has determined a need for land use planning, urban
design and transportation planning services relating to its pursuit of
these activities; and,
WHEREAS, the PLANNER has specialized skills to perform such work; and,
WHEREAS, the CLIENT has chosen the PLANNER to perform that work.
NOW, THEREFORE, it is mutually understood and agreed as follows:
1. Services to be Performed by the PLANNER
The PLANNER is retained as an independent contractor to utilize its
professional skill and best efforts during the terms of this Agreement
for the performance of the work required by this Agreement. The PLANNER
will perform the services outlined in Exhibit A., Scope of Services, as
directed by the CLIENT and subject to cost limitations hereunder. All
work shall be performed in a diligent and timely manner.
The foregoing services and any additional services, if authorized by the
CLIENT, will be compensated as described below. The foregoing services,
if and when authorized by the CLIENT, shall be performed at the direction
• of the CLIENT and accomplished by working with the CLIENT"S staff and
others, as directed by the CLIENT.
2. Staffing
A. The PLANNER will assign Jack Lynch as Project Manager, and such
other personnel as required. If assigned Project Manager, Jack
Lynch, is unable to perform his duties, the CLIENT shall be ad-
vised. Any new Project Manager assigned shall first be approved
by the CLIENT.
B. The PLANNER will at all times maintain a staff sufficient to
meet the needs of the CLIENT or provide any professional assist-
ance acceptable to the CLIENT within a specified time period.
C. Any use of subcontractors shall first be approved in writing
on this project.
1
D. The PLANNER will maintain close coordination with all appropriate
federal, state, county, and local public agencies and other groups
that may have rules, regulations or available resources that
could affect projects and programs, which are planned and designed
under this Agreement.
3. Work Schedule
A. It is hereby understood and agreed by the parties that the terms
and conditions of this Agreement shall be considered effective
upon execution of this Agreement.
B. The PLANNER and the CLIENT will decide upon an individual time
schedule for each specific task in the Work Program. The general
project time schedule will be to complete:
General Project Schedule
Work Task Completion
1.0
Inventory and Analysis of Existing Conditions
15 September
1989
2.0
Formulate Alternative Plans
15 December
1989
3.0
Final Community Plan
31 January
1990
4.0
Final Reports
31 January
1990
The PLANNER may, if necessary, apply in writing for a contract
extension to the CLIENT, citing appropriate reasons.
C. The CLIENT may, at any time, upon written order, make changes
on work items to be performed__ under this Agreement. The PLANNER
upon receipt of any said written request, shall prepare an
estimate of cost either as an "add on" or "'deduct amount" to
the Agreement in terms of dollars and/or time and shall promptly
transmit the written estimate of the revised Scope of Services
to the CLIENT for formal approval. Written authorization of
any changes shall be required before the PLANNER modifies the
Scope of Services.
4. Project Limits
The project limits are all those lands defined as lying within the
Lower Matecumbe Key, Monroe County, Florida.
5. Compensation —
A. The total contract amount including reimbursable expenses shall
be on an hourly basis not -to -exceed Thirty-eight Thousand and
No Cents ($38,000.00).Reimbursable expenses include, but are
not limited to travel, subsistence, mailing, graphic reproduction
and supplies, etc. The PLANNER will invoice the CLIENT monthly
on an estimated percent completion basis of the project, plus
reimbursable expenses.
2
Schedule of Values
Task
Amount
1.0 Inventory and Analysis of Existing Conditions $ 7,300
2.0 Formulate Alternative Plans 15,500
3.0 Final Community Plan 7,500
4.0 Final Reports 4,200
Subtotal 34,500
Reimbursable Expenses
3,500
TOTAL PROJECT FEE 38,000
B. The PLANNER shall submit to the CLIENT a Progress Report, along
with the monthly invoice, to serve as the basis for payment.
C. Compensation for reimbursable expenses (e.g., travel, subsistence,
mailing, graphic and photographic supplies), shall be invoiced
as reimbursable expenses and shall not cause the total project
cost to exceed the contract amount described in subparagraph
5.A.
D. Additional services, as outlined in Subparagraph 3.C. above,
shall be compensated on an hourly basis at the rates listed in
Exhibit B, Hourly Rates by Employee Classification.
E. The PLANNER shall submit to the CLIENT a monthly statement re-
lated to services performed and reimbursable expenses incurred
during the previous month. The CLIENT shall pay all monthly
invoices within thirty (30) days of their date of receipt. A
monthly rate of 1-1/2% interest will be assigned to all invoices
not paid within 60 days.
6. Restrictions and Regulations
A. Prohibited Interests:
(1) The PLANNER agrees that it presently has no interest and
shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance
of its services hereunder. The PLANNER further agrees that
in the performance of the Agreement no person having such
interest shall be employed.
(2) Interest of Public Officials - No member, officer,or employee
of the public body or of a local public body during his/her
tenure or for one year thereafter, shall have any interest,
direct or indirect in this Agreement or the proceeds thereof,
without written consent of the CLIENT.
WE
B. The PLANNER agrees to comply with all Federal and state laws,
local ordinances pertaining to equal employment and Executive
Order No. 11246, entitled "Equal Employment Opportunity", as
amended, and agrees not to discriminate against any employee
or applicant for employment because of race, religion, color,
sex, national origin, age or handicap. The PLANNER agrees to
insert this provision in all subcontracts hereunder.
C. The PLANNER agrees that the Department of Housing and Urban
Development, the Comptroller General of the United States, Monroe
County or any of their duly authorized representatives, may have
access to any accounting records, books, documents, papers or
records of the PLANNER which are directly pertinent to the PLANNER
for the purpose of audit, examination, excerpts, and transcripts
for a period of three (3) years from the date of acceptance of
certificates of completion. (In the event litigation, a claim
or audit is begun before the expiration of the three year period,
said records shall be retained until all such action or audit
findings involving the records have been resolved.)
D. The PLANNER agrees that it has not employed or retained any
company or person, other than a bona fide employee working for
the PLANNER, to solicit or secure this Agreement, and that it
has not paid or agreed to pay any company or person, other than
a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach
or violation of this clasuse the CLIENT may terminate this
Agreement without liability,or, at its discretion to deduct from
the compensation. or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent
fee.
7. General Provisions
A. Services required of the PLANNER under this Agreement shall be
performed in a diligent and competent manner and shall be subject
to review and inspection by the CLIENT at all reasonable times.
B. Reproducible copies of all drawings, maps, reports and materials
prepared by the PLANNER specifically in the performance of this
Agreement shall become the property of the CLIENT upon its payment
for the services rendered hereunder, and all such drawings, maps,
reports and materials shall be delivered to the CLIENT as
specified in this Agreement.
C. Any reports, information, data, etc. given to or prepared or
assembled by the PLANNER specifically under this Agreement shall
remain confidential and shall not be made available to any
individual or organization by the PLANNER unless authorized in
writing by the CLIENT.
4
Section 7 General Provisions (continued overleaf)
8. Indemnity
The Planner, shall protect, defend, indemnify and hold
Monroe County and its officer, employees and agents harmless
from and against any and all expenses, liabilities, losses,
penalties, damages, professional fees, and claims of any
kind including attorney fees and all costs of litigation and
judgments arising out of any willful misconduct of negligent
act, error or omission of the Planner, its agents,
employees, which are incidental to the performance of this
contract.
9. Insurance
The Planner agrees to
Professional Liabilit
Insurance upon request
Insurers authorized
Florida and have a cur
better and provide
Client.
carry $500,000, per
y insurance and suppl
. All coverages shall
to transact business
rent AM Best Company
coverage on a form
4-A
y
each occurrence,
a Certificate of
be insured by
in the State of
Rating of A or
acceptable to the
D. The PLANNER shall not assign or transfer any interest in this
Agreement or delegate its performance of duties except upon
written approval of the CLIENT.
E. The failure of the CLIENT at any time to insist upon a strict
performance of any of the terms, conditions and covenants herein
shall not be deemed a waiver of any subsequent breach or default
in the terms, conditions and covenants herein contained.
F. This Agreement and any modification thereof may be terminated
by the CLIENT at its absolute discretion with or without cause
upon 'ten (10) days written notice. Upon such termination, the
PLANNER shall be paid the reasonable value of any completed work
in any stage of this Agreement, which has not already been paid
hereunder, as determined jointly by the PLANNER and the CLIENT.
Upon any such termination, the PLANNER shall render a final report
on its work performed up to the date of such termination, and
shall turn over reproducible copies of all maps, reports and
other materials prepared for the CLIENT.
G. It is agreed between the parties that, in the event any clause,
paragraph, statement or exhibit to this Agreement is found to
be invalid for any reason, the balance of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
twenty-seventh day of June 1989.
MONROE COUNTY
BRW,INC
5
EXHIBIT A
WORK PROGRAM/PROJECT SCHEDULE SCOPE OF SERVICES
The Work Program for the preparation of the Community Plan for Lower
Matecumbe Key, consisting of six primary work tasks, has been established
to complete the project in accordance with the Approach to Project
previously presented. This Work Program is graphically illustrated on
Figure 1, Work Program/Project Schedule, and described below.
In preparing the Work Program the Project Team has kept in mind Monroe
County's Growth Management Division study objectives:
° Provide future land use element
° Provide future transportation and traffic elements
° Provide conservation, recreation and open space elements
° Provide capital improvements element
° Provide community design/urban design guidelines element
The Work Program to prepare the Community Plan for Lower Matecumbe Key
includes the following work tasks, and appropriate sub -tasks.
PHASE I - ISSUE IDENTIFICATION
Objective: To carefully insure that all pertinent issues pertaining to
development of the Community Plan for Lower Matecumbe Key.
1.1 Issue Identification
The Project Manager will meet with the County's Project Manager and
appropriate staff to insure that all issues from the County's
standpoint will be addressed in the Work Program and to gain insight
as to perceived problems and strengths of development in Lower
Matecumbe Key.
1.2 Assemble and Evaluate Existing Data
The Project Team will collect, assemble and evaluate all existing
County and local agency data and studies for the purpose of further
refining the scope of work.
1.3 Initial Meeting
The Project Team will meet with the County's Project Manager and
appropriate staff to review the Work Program and make any refinements.
At this time it is also necessary to begin to identify the various
citizen groups, and citizens at large who, through the study process,
should be kept informed and encouraged to attend the public input
sessions. It is assumed that throughout the study process the Project
Team will be meeting with the County's Project Manager and appropriate
staff at a minimum of six times throughout the planning process, or
as necessary.
PHASE II - INVENTORY AND ANALYSIS
OBJECTIVE: To carefully identify and assess the cultural and natural
#actors that will affect the Community Plan for Lower Matecumbe Key.
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2.1 Area -Wide Analysis
The Project Team will identify and analyze major features and
development patterns within Lower Matecumbe Key. Specifically, the
Project Team will:
• Review and identify the current action plans.
° Review and identify current land use plans.
° Review and identify current General Plan goals and objectives.
° review and identify development patterns and projects.
° Identify existing zoning activity
° Identify existing and proposed transportation system
• Summarize, evaluate and illustrate area -wide development forces.
2.2 Detailed Analysis
The Project Team will initially review existing data and generate
new detailed data. It is understood that all inventory data sufficient
to address the specific concerns outlined within the Request for
Proposal will be obtained, mapped, and analyzed. The minimum data
to be developed and analyzed would include:
Building Types and Conditions
° Architectural Character/Image
° Pedestrian Circulation
° Visual Analysis
History
° Drainage
° Soils and Geology
2.3 Detailed and Area Analysis Report
° Vegetation
Noise
° Climate
° Utilities and Infrastructure
Roadways
Natural Resources/Land Forms
The Project Team will prepare a Technical Report which summarizes
the results of the Inventory and Analysis Phase and the Opportunities
and constraints of the area through text and appropriate graphics
and will be formatted into the required deliverables,draft Community
Plan and the Final Community Plan.
PHASE III - PUBLIC INPUT
Objective: Solicit public opinion as to existing and future issues and
intrinsic value of the Lower Matecumbe Key environment.
3.1 Workshops
The Project Team will conduct the necessary public workshops to obtain
public input and reaction to the inventory and analysis, their desires
for the future direction of Lower Matecumbe Key, transportation facil-
ities, utilities, open-space/recreation, and public facilities. They
will be asked for their opinions regarding architectural character
of the Key and minimum design standards. They will also be asked
to evaluate alternative development scenarios. The Project Team
proposes to utilize project newsletters to get people involved, keep
them informed, and present decisions. It is through this vehicle
that the public will be informed before public workshops such that
they become two-way discussions and are more meaningful.
In working with any public involvement program it is essential that
prior to beginning, everyone's role is well defined. The ultimate
decisions are always made by the County Commission, and the public
is being asked to assist the Project Team in developing the "best"
plan which accommodates their needs while enhancing those atributes
which provide the intrinsic value to Lower Metecumbe Key. The public
should never be asked to formally "vote" on land use or design issues.
Resolution of land use and design issues is the role of the consultant
and building a consensus.
3.2 Workshop Reports
The Project Team, upon completion of this phase, will prepare a summary
of the proceedings.
PHASE IV - POLICY DIRECTION
Objective: To insure that the Community Plan for Lower Matecumbe Key is
consistant with the direction of Monroe County's Comprehensive Plan.
4.1 Review Goals and Policies
The Project Team, together with appropriate county staff, will reveiw
existing/proposed goals and policies for Monroe County regarding:
Land Use ° Conservation
° Transportation ° Recreation/Open Space
° Housing ° Capital Improvements
° Infrastructure ° Cultural Facilities
Coastal Management ° Intergovernmental
° Port Facilities Coordination
4.2 Evaluate, Refine and Document Goals and Policies for Lower Matecumbe
Key.
The Project Team will evaluate the general goals and policies for
Monroe County as to how they relate to the specific needs of Lower
Matecumbe Key. The Project Team will, if necessary, make suggestions,
raise issue with, and provide possible options to those goals and
policies by which alternative development scenarios must be evaluated.
PHASE V - PREPARATION OF ALTERNATIVE PROGRAMS
Objective: To thoroughly test various land use options and locations for
major activities/elements.
5.1 Alternative Plans
The Project Team will generate alternative land use options based
upon the intrinsic character of Lower Matecumbe Key.
These alternative programs will explore various land use by type,
density, circulation systems, preliminary infrastructure systems,
preliminary traffic systems and locations of various public/cultural
elements. The Project Team will also explore various absorptive rates
or build -out rates. The Project Team will identify the advantages
and disadvantages of each plan, in terms of how well they respond
to the general goals and policys identified in Phase IV. This
evaluation will include various impacts such as transportation impacts,
utility and infrastructure impactsi historic impacts, cost impacts,
maintenance impacts, land value impacts, and environmental impacts.
5.2 Alternative Program Presentation
The Project Team, utilizing appropriate graphics, will present to
the County the inventory and analysis, all public input, and the
alternative land use schemes/programs complete with each programs
opportunities and constraints evaluation. It would be the intent
of the presentation to assist the County in prioritizing the various
elements of the alternative programs which best address the needs
of the Lower Matecumbe Key community, the County's needs, and the
public needs.
5.3 Alternative Program Refinements
The Project Team will document for public consideration those
refinements suggested by the County Staff. Any adjustments to the
various graphics as deemed necessary, based upon the County's input
will be an additional fee.
5.4 Public Input
The Project Team will conduct a public workshop for the purpose of
obtaining,: from the public, their reaction and evaluation of the
alternative land use scenarios. It is assumed that no one alternative
will be selected in total but various elements from each program will
best respond to their desires.
5.5 Alternative Plans Report
The Project Team will summarize the results of the alternative
programs, impacts, agency review and public review and distribute,
for comment, to all participants.
PHASE VI - FINAL RECOMMENDATION
Objective: To arrive at the "best" program which best addresses the needs
of Lower Matecumbe Key, Monroe County, and its residents.
6.1 Final Community Plan
After a thorough review by the County, County Staff, the public, and
the Project Team, various parts or portions of the alternative programs
will be integrated to form a final recommended community plan. The
Community Plan for Lower Matecumbe Key will contain a future land
use plan which proposes land use catagories and densities; a trans-
portation element which proposes road standards and overall system
plan; a conservation, recreation and open space element which proposes
standards and location of facilities; a capital improvements facilities
which suggests when key utility and overall infrastructure elements
need to come on line and anticipated costs; and a community design
element which will propose certain public facilities which should
be planned for and overall community design guidelines which should
be incorporated in future projects to maintain the desired character
and image of Lower Matecumbe Key.
6.2 Implementation Program
The Project Team will prepare and identify absorption rates,
development phasing strategies and projected build -out scenarios.
The Project Team will convert the various land use elements projections
into acreage absorption estimates and present them in 5-year intervals
from 1990-2010.
6.3 Final Products
The Project Team will assemble all appropriate text, graphics, plans
tables, etc., from the entire study process into a final document.
This document would represent the entire process, analysis, and final
recommendations. It would be reviewed in draft form by the County
Staff and any changes made. The Project Team will then prepare 100
copies of the Final Plan and deliver to the County all required
deliverables.
WORK EFFORT
The Project work effort provides a detailed breakdown of the estimated
person -days to complete the work tasks previously outlined and in response
to the anticipated funds available for this planning effort.
The proposed total budgeted Project Team work effort is estimated at 117
person days or almost 1000 person hours.
PERSON DAYS
Sr.
Tech/
Work Tasks
Pro
Pro
Clerk
Total
Percentages
1.0
Area Analysis
5.0
12.0
7.0
24.0
20%
2.0
Prepare Alternative
Plans
10.0
20.0
26.0
56.0
48%
3.0
Final Community
Plan & Implemen-
tation
5.0
10.0
8.0
23.0
20%
4.0
Final Reports
2.0
4.0
8.0
14.0
12%
22.0 46.0 49.0 117.0
EXHIBIT B: HOURLY RATES BY EMPLOYEE CLASSIFICATION
BRW, Inc.
Principal
Senior Associate/Vice President
Associate
Senior Professional
Professional II
Professional I
Senior Technician
Technician III
Technician II/Printing
Technician I/Word Processsing
$90.00
80.00
65.00
60.00
50.00
40.00
37.50
32.50
30.00
22.50