HomeMy WebLinkAbout2005 02 28 Regular 501.2 Contract Agreement with W.R.T. Planning and Design for the East Rural Area
022805 _ COMM _Regular_50 1.2_ Rural_Lands _ Development]lan
COMMISSION AGENDA
ITEM 501.2
Consent
Informational
Public Hearing
Regular X
February 28.2005
Regular Meeting
I~/
Mgr. / Dept.
Authorization
REQUEST: City Manager requesting the City Commission to authorize the City Manager
to enter into a contract with W.R.T. Planning and Design to perform a study of alternative
development patterns for the East Rural Area as provided in Resolution 2005-09, and the
development of an East Rural Transitional Area Development Code.
PURPOSE:
This agenda item is needed for the City Commission to decide if it desires to go forward with a
development plan and related code section for the East Rural Area.
CONSIDERATIONS:
On February 8, 2005 the Commission held a workshop on alternative development patterns with
W.R.T. and Randall Arendt.
The consensus of the Commission was to move forward with a program to implement the
concepts discussed in the workshop.
022805_ COMM _Regular_50 1.2_ Rural_Lands _ Development]lan
FUNDING:
If the Commission chooses to go forward we will be requesting a supplemental appropriation of
$60,000 to cover the cost for W.R.T. services in an amount not to exceed $50,000; $6,000
encumbered for costs associated with the workshop, and $4,000 for other miscellaneous
expenses. The fund balance in the General Fund is approximately $4,739,000.
RECOMMENDATION:
It is recommended that the Commission do the following.
1. Determine if it desires to go forward with a Rural Area Development project.
2. If the Commission desires to go forward:--...------.-.......
"'"
a) Authorize the City Manager to enter into a contract wi~h W.R.T. to perfom\ the
study. /, j
b) Ap~rove a supplemental appropriation in the amoi~t of ~,OOO to fu~4' the
project. i"
ATTACHMENTS:
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Propo"sed :5eOl'C of'\VfHk.
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COMMISSION ACTION:
AGREEMENT
WINTER SPRINGS RURAL AREA DEVELOPMENT CODE STUDY
This Agreement is made and entered into this _ day of , 2005, by and
between the City of Winter Springs, Florida (hereinafter referred to as "City") and the firm of
Wallace Roberts & Todd, LLC (hereinafter referred to as "Consultant, who agree as follows:
WITNESSETH THAT:
WHEREAS, the City desires to prepare a Rural Area Development Code Study as per
Resolution number 2005-09; and
WHEREAS, the City desires to engage the Consultant to render certain professional
services hereinafter described in connection with said study;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
I. Emplovment of Consultant
The City hereby agrees to employ the Consultant, and the Consultant hereby agrees to
perform services set forth hereinafter in connection with Rural Area Development Code
Study.
2. Scope of Services
The Consultant shall do, perform and carry out in a professional and proper manner
certain duties as described in the Scope of Services (Exhibit "A"), which is attached
hereto and made a part of this agreement.
3. Time of Completion
Consultant services covered in the Scope of Services will be rendered over a period of
approximately six (6) months. However, the period of performance may be extended by
mutual agreement of the parties, or as a result of actions, performance or inability of City
staff or Committee to perform or provide information or direction in a timely manner.
4. Compensation
For performance of the services contained in this Agreement, the City agrees to compensate
Consultant on the basis of time expended at Consultant's standard hourly rates, shown
below, plus all direct expenses for travel, subsistence, reproduction, and other materials
necessary for the performance of the work billed at actual cost, with a not-to-exceed limit of
$50,000. The upset limit of $50,000 shall not be exceeded unless approved in advance by
the City, or unless the City requests services, meetings, or other items beyond those
described in Exhibit "A". The Consultant shall monitor its costs and notify City if it
expects that this cost limit will be exceeded and, upon such notification, halt further
expenditures until a modification to the upset limit shall be approved by the City.
1
Any additional services required of the Consultant shall be compensated based on amounts
and methods contained in this authorization, provided such additional services are
authorized in advance in writing by Client.
The hourly billing rates of the Consultant are as follows:
Personnel * Hourly Rate
(in Dollars)
John Fernsler 210.00
Michael Clarke 125.00
Silvia Vargas 110.00
Technical Support 70.00
Consultant shall submit invoices monthly indicating the time expended and costs incurred
and work completed in the preceding month. City shall submit payment for approved
invoices within 30 days, after which interest charges may accrue. Compensation for
Additional Services, as may be authorized, will be as mutually agreed.
5. Disposition of Work Materials
All contract documents and similar work materials prepared by the Consultant m
completing the scope of services shall be the property of the City.
6. Chanszes
The City or Consultant may, from time to time, request changes in the terms of this
Agreement. Such changes, including any increase or decrease in the scope of work and
the amount of compensation due to the Consultant, shall be mutually agreed upon by the
parties hereto and shall be incorporated in written amendments to this Agreement.
7. Termination
The City may terminate this Agreement at any time by giving written notice to the
Consultant of such termination and specifying the effective date thereof. Such written
notice shall be furnished to the Consultant at least thirty (30) days before the effective
date of termination. In that event, all finished or unfinished documents and other
materials shall, at the option of the City, become its property. If the Consultant is
terminated by the City as provided herein, the Consultant shall be paid for all work
completed up to the date of termination.
8. Assisznability
The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in the same, whether by assignment or notation without the prior written consent
of the City thereto; provided, however, that claims for money may be assigned to a bank,
trust company, or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the City.
2
9. Conditions and Assurances
Consultant agrees to abide by the following requirements:
A. Access to Records: Consultant agrees that the City, or any of its duly authorized
representatives shall have access to books, documents, papers, and records of the
Consultant related to the subject project for the purposes of making audit,
examination, excerpt, and transcripts.
B. Retention of Records: Consultant shall maintain all records pertaining to this
contract for three (3) years after the City makes final payment.
C. Use of Materials: No material produced in whole or in part under this Agreement
shall be subject to copyright in the United States or in any other country. The City
and Consultant shall have unrestricted authority to publish, disclose, distribute,
and otherwise use, in whole or part, any report, data, or other materials prepared
under this Agreement. City shall not make substantive modifications to any
documents, reports or materials prepared by Consultant without notification and
consent of Consultant, or without identifying that such changes are not
attributable to Consultant.
14. Findinl!:s Confidential
Any reports, information, data, etc. given to or prepared or assembled by the Consultant
or its subcontractors under this Agreement, which the City requests to be kept
confidential, shall not be made available to any individual or organization by the
Consultant without prior written approval of the City.
15. Remedies
Except as may be otherwise provided in this Agreement, all claims, counterclaims,
disputes, and other matters in question between the City and Consultant arising out of or
relating to this Agreement or the breach thereof, will be decided by binding mediation, if
the parties hereto mutually agree, or in court of competent jurisdiction within the State in
which the City is located.
16. City's Responsibilities
The City shall accept and perform certain key tasks related to project administration,
array, assembly and analysis of data, mapping, analysis of alternative development
models, legal review, preparation of code language, administration of meetings and
presentations and other tasks identified in Exhibit "A" which are necessary for the
performance of the work, and which affect Consultant's ability to perform its assigned
responsibilities.
17. Successors and Assil!:ns
The City and Consultant each binds itself and its partners, successors, executors,
administrators, and assigns to the other party to this Agreement and to the partners,
successors, executors, administrators, and assigns, or such party, in respect to all
covenants of this Agreement. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of Consultant, or of any public body which
3
may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder
to anyone other than the City and the Consultant.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement on this
the _ day of ,2005.
WALLACE ROBERTS & TODD, LLC
By:
C. Alyn Pruett, AlA
Principal
ATTEST
Name & Title:
CITY OF WINTER SPRINGS, FLORIDA
By:
I?~YWI 'Wl~9'-I'
Ronald McLemo~,
City Manager
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022805_ COMM _Regular_50 1.2_ Attachment_Agreement
EXHIBIT "A"
SCOPE OF WORK
WINTER SPRINGS RURAL DEVELOPMENT CODE STUDY
The following scope of services reflects an approach to the performance of the study
methodology described for the East Rural Study Area in Resolution 2005-09. The Scope of
Work will be a collaboration between consultant, City staff and an East Rural Area Property
Owners Committee (ERAPOC) to be appointed by the City. Performance of Consultant's tasks
will be highly dependent upon the performance by City staff and the ERAPOC.
Task 1. Assembly and Review of Base Information
City Staff will collect available information on specific conditions in the approximate 1000-acre
east Rural Study Area including:
. Existing and Future Land Use
. Existing Zoning
. Natural and Cultural Resources
. Site Features (roads, topography, vegetation, flood zones, wetlands, infrastructure, etc.)
. Property Ownership Patterns
. Recent Development Trends (permitted projects)
. Major Planned Projects
City staff will make available existing relevant maps as well as aerial photos, parcel databases,
previous or ongoing studies and plans. Where possible maps should be provided as GIS layers
or coverages. City will synthesize the available site data and prepare a base map suitable for the
depiction of alternative development scenarios in Task 2. WRT will not be responsible for data
generation, ground-truthing, collection, formatting, or GIS mapping of data.
Task 2. Alternative Development Scenarios
In this Task Consultant and City staff will development and illustrate alternative development
scenarios for the development of the East Rural Area, as follows:
2.1 No Development
To be prepared by City staff
2.2 Development under existing County zoning (ldu per 3 acres - 1 du per 10 acres)
To be prepared by City staff
2.3 Development under existing City zoning (3 du per acre)
To be prepared by City staff
2.4 Rural Transitional Development Scenario
The consultant will prepare a conceptual and hypothetical illustration of a pattern of
residential development incorporating principles of conservation subdivision design at a
density of approximately one dwelling per acre. This depiction is not to be interpreted as
a rural area "master plan", nor will it incorporate considerations of the need for, or
locations of, utilities, roads, schools, commercial areas or other facilities or services
1
022805_ COMM _ Regular_50l.2 _Attachment_Agreement
required to serve the East Rural Area. The graphic depiction will be accompanied by a
brief written overview of the principles of Rural -Transitional development, as well as
photographic (powerpoint) depictions of the intended development character.
2.5 Evaluation of Alternative Development Scenarios
City staff will prepare a comparative analysis of the four development scenarios,
considering such issues as fiscal impact, accommodation of projected population growth,
preservation of open space, effects in containing rural sprawl elsewhere in Seminole
County, etc. Consultant will review and comment on the City staff analysis. As necessary
City legal counsel will provide a review of any legal implications
Task 3. Development Standards
Based on the direction of the City and the ERAPOC in response to the alternative development
scenarios, the Consultant will prepare development standards for a new "Rural Transitional"
zoning district, including provisions for density, lot sizes, open space retention, conservation
easements, etc. City will be responsible for legal review, drafting of code language and
reconciling any conflicts between the proposed development standards and current provisions in
the zoning code and or subdivision ordinance.
Task 4. Meetings / Presentation
The Consultant's budgeted upset limit includes attendance at up to five meetings and/or
presentations. Attendance will be as requested by City and will likely include four meetings of
the ERAPOC and one presentation. Attendance at any additional meetings or presentations will
be compensated over and above the upset limit.
2
3
022805_ COMM _Regular_50 1.2_ Attachment_Agreement
AGREEMENT
WINTER SPRINGS RURAL AREA DEVELOPMENT CODE STUDY
This Agreement is made and entered into this L day of ~ , 2005, by and
between the City of Winter Springs, Florida (hereinafter referred to as "City") and the firm of
Wallace Roberts & Todd, LLC (hereinafter referred to as "Consultant, who agree as follows:
WITNESSETH THAT:
WHEREAS, the City desires to prepare a Rural Area Development Code Study as per
Resolution number 2005-09; and
WHEREAS~. the City desires to engage the Consultant to render certain professional
services hereinafter described in connection with said study;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Emplovment of Consultant
The City hereby agrees to employ the Consultant, and the Consultant hereby agrees to
perform services set forth hereinafter in connection with Rural Area Development Code
Study.
2. Scope of Services
The Consultant shall do, perform and carry out in a professional and proper manner
certain duties as described in the Scope of Services (Exhibit "A"), which is attached
hereto and made a part of this agreement.
3. Time of Completion
Consultant services covered in the Scope of Services will be rendered over a period of
approximately six (6) months. However, the period of performance may be extended by
mutual agreement of the parties, or as a result of actions, performance or inability of City
staff or Committee to perform or provide information or direction in a timely manner.
4. Compensation
For performance of the services contained in this Agreement, the City agrees to compensate
Consultant on the basis of time expended at Consultant's standard hourly rates, shown
below, plus all direct expenses for travel, subsistence, reproduction, and other materials
necessary for the performance of the work billed at actual cost, with a not-to-exceed limit of
$50,000. The upset limit of $50,000 shall not be exceeded unless approved in advance by
the City, or unless the City requests services, meetings, or other items beyond those
described in Exhibit "A". The Consultant shall monitor its costs and notify City if it
expects that this cost limit will be exceeded and, upon such notification, halt further
expenditures until a modification to the upset limit shall be approved by the City.
I
Any additional services required of the Consultant shall be compensated based on amounts
and methods contained in this authorization, provided such additional services are
authorized in advance in writing by Client.
The hourly billing rates of the Consultant are as follows:
Personnel * Hourly Rate
(in Dollars)
John Fernsler 210.00
Michael Clarke 125.00
Silvia Vargas 110.00
Technical Support 70.00
Consultant shall submit invoices monthly indicating the time expended and costs incurred
and work completed in the preceding month. City shall submit payment for approved
invoices within 30 days, after which interest charges may accrue. Compensation for
Additional Services, as may be authorized, will be as mutually agreed.
5. Disposition of Work Materials
All contract documents and similar work materials prepared by the Consultant In
completing the scope of services shall be the property of the City.
6. Chanees
The City or Consultant may, from time to time, request changes in the terms of this
Agreement. Such changes, including any increase or decrease in the scope of work and
the amount of compensation due to the Consultant, shall be mutually agreed upon by the
parties hereto and shall be incorporated in written amendments to this Agreement.
7. Termination
The City may terminate this Agreement at any time by giving written notice to the
Consultant of such termination and specifying the effective date thereof. Such written
notice shall be furnished to the Consultant at least thirty (30) days before the effective
date of termination. In that event, all finished or unfinished documents and other
materials shall, at the option of the City, become its property. If the Consultant is
terminated by the City as provided herein, the Consultant shall be paid for all work
completed up to the date of termination.
8. Assienabilitv
The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in the same, whether by assignment or notation without the prior written consent
of the City thereto; provided, however, that claims for money may be assigned to a bank,
trust company, or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the City.
2
9. Conditions and Assurances
Consultant agrees to abide by the following requirements:
A. Access to Records: Consultant agrees that the City, or any of its duly authorized
representatives shall have access to books, documents, papers, and records of the
Consultant related to the subject project for the purposes of making audit,
examination, excerpt, and transcripts.
B. Retention of Records: Consultant shall maintain all records pertaining to this
contract for three (3) years after the City makes final payment.
C. Use of Materials: No material produced in whole or in part under this Agreement
shall be subject to copyright in the United States or in any other country. The City
and Consultant shall have unrestricted authority to publish, disclose, distribute,
and otherwise use, in whole or part, any report, data, or other materials prepared
under this Agreement. City shall not make substantive modifications to any
documents, reports or materials prepared by Consultant without notification and
consent of Consultant, or without identifying that such changes are not
attributable to Consultant.
14. Findine:s Confidential
Any reports, information, data, etc. given to or prepared or assembled by the Consultant
or its subcontractors under this Agreement, which the City requests to be kept
confidential, shall not be made available to any individual or organization by the
Consultant without prior written approval of the City.
15. Remedies
Except as may be otherwise provided in this Agreement, all claims, counterclaims,
disputes, and other matters in question between the City and Consultant arising out of or
relating to this Agreement or the breach thereof, will be decided by binding mediation, if
the parties hereto mutually agree, or in court of competent jurisdiction within the State in
which the City is located.
16. City's Responsibilities
The City shall accept and perform certain key tasks related to project administration,
array, assembly and analysis of data, mapping, analysis of alternative development
models, legal review, preparation of code language, administration of meetings and
presentations and other tasks identified in Exhibit "A" which are necessary for the
performance of the work, and which affect Consultant's ability to perform its assigned
res ponsi bili ties.
17. Successors and Assi2:ns
The City and Consultant each binds itself and its partners, successors, executors,
administrators, and assigns to the other party to this Agreement and to the partners,
successors, executors, administrators, and assigns, or such party, in respect to all
covenants of this Agreement. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of Consultant, or of any public body which
3
may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder
to anyone other than the City and the Consultant.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement on this
the _ day of , 2005.
WALLACE ROBERTS & TODD, LLC
By: Co ,; P:!.~A fmii ~
Principal
ATTEST
Name & Title:
CITY OF WINTER SPRINGS, FLORIDA
By:
~~~~~
'Ronald McLemore,"
City Manager
..."
~X~
-'rEST~/hY ~
4
EXHIBIT "A"
SCOPE OF WORK
WINTER SPRINGS RURAL DEVELOPMENT CODE STUDY
The following scope of services reflects an approach to the performance of the study
methodology described for the East Rural Study Area in Resolution 2005-09. The Scope of
Work will be a collaboration between consultant, City staff and an East Rural Area Property
Owners Committee (ERAPOC) to be appointed by the City. Performance of Consultant's tasks
will be highly dependent upon the performance by City staff and the ERAPOC.
Task 1. Assembly and Review of Base Information
City Staff will collect available information on specific conditions in the approximate lOOO-acre
east Rural Study Area including:
. Existing and Future Land Use
. Existing Zoning
.' Natural and Cultural Resources
· Site Features (roads, topography, vegetation, flood zones, wetlands, infrastructure, etc.)
. Property Ownership Patterns
. Recent Development Trends (permitted projects)
. Major Planned Projects
City staff will make available existing relevant maps as well as aerial photos, parcel databases,
previous or ongoing studies and plans. Where possible maps should be provided as GIS layers
or coverages. City will synthesize the available site data and prepare a base map suitable for the
depiction of alternative development scenarios in Task 2. WRT will not be responsible for data
generation, ground-truthing, collection, formatting, or GIS mapping of data.
Task 2. Alternative Development Scenarios
In this Task Consultant and City staff will development and illustrate alternative development
scenarios for the development of the East Rural Area, as follows:
2.1 No Development
To be prepared by City staff
2.2 Development under existing County zoning (1du per 3 acres - 1 du per 10 acres)
To be prepared by City staff
2.3 Development under existing City zoning (3 du per acre)
To be prepared by City staff
2.4 Rural Transitional Development Scenario
The consultant will prepare a conceptual and hypothetical illustration of a pattern of
residential development incorporating principles of conservation subdivision design at a
density of approximately one dwelling per acre. This depiction is not to be interpreted as
a rural area "master plan", nor will it incorporate considerations of the need for, or
locations of, utilities, roads, schools, commercial areas or other facilities or services
5
required to serve the East Rural Area. The graphic depiction will be accompanied by a
brief written overview of the principles of Rural -Transitional development, as well as
photographic (powerpoint) depictions of the intended development character.
2.5 Evaluation of Alternative Development Scenarios
City staff will prepare a comparative analysis of the four development scenarios,
considering such issues as fiscal impact, accommodation of projected population growth,
preservation of open space, effects in containing rural sprawl elsewhere in Seminole
County, etc. Consultant will review and comment on the City staff analysis. As necessary
City legal counsel will provide a review of any legal implications
Task 3. Development Standards
Based on the direction of the City a~d the ERAPOC in response to the alternative development
scenarios, the Consultant will prepare development standards for a new "Rural Transitional"
zoning district, including provisions for density, lot sizes, open space retention, conservation
easements, etc. City will be responsible for legal review, drafting of code language and
reconciling any conflicts between the proposed development standards and current provisions in
the zoning code and or subdivision ordinance.
Task 4. Meetings I Presentation
The Consultant's budgeted upset limit includes attendance at up to five meetings and/or
presentations. Attendance will be as requested by City and will likely include four meetings of
the ERAPOC and one presentation. Attendance at any additional meetings or presentations will
be compensated over and above the upset limit.
6