HomeMy WebLinkAboutBDA Environmental Consultants Wetlands, Conservation Areas, Boat Docks, Floodplain -1999 09 28
BDA
ENVIRONMENTAL CONSULTANTS
RECEIVED
SEP 2 0 1999
September 14, 1999 CITY OF WINTER SPRINGS
Revised September 16, 1999 community Development
File: . 99126-10.1
Mr. Charles Carrington
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Phone: (407) 327-4800
Fax: (407) 327-4753
RE: Proposal to Assist the City of Winter Springs with Modifications and/or Amendments to Adopted
Ordinances for Wetlands, Conservation Areas, Boat Docks, and Floodplain Management
Dear Charles:
Pursuant to your request, Breedlove, Dennis & Associates, Inc. (BDA) is providing the following proposal
to assist the City of Winter Springs with revising or amending adopted ordinances to provide protection to
valuable natural resources within the city limits. The general scope of our services will include a review of
current codes relating to wetlands, conservation areas, and boat docks for both the City of Winter Springs
and other municipalities and counties in central Florida. Based on that review, a series of workshops would
be scheduled with City of Winter Springs personnel and with city commissioners to review possible
modifications to existing ordinances and potential amendments to these ordinances. A series of public
. hearings would also be scheduled and the suggested changes presented with public participation and
comment. Drafts of the proposed changes would be provided for final discussion, modification, and
approval. Our services under this contract are not intended to duplicate permitting requirements of other
federal, state, and local govemments, but to maximiz{: the City of Winter Springs protection for its natural
resources not addressed elsewhere in govemment cod.es or permitting regulations. BDA has provided the
same type of iterative amendment services to Seminole County, City of Daytona Beach, and Panama City.
We have also participated in charettes for development of regulations affecting natural resources, and our
experience with environmental consulting in this area of Florida make us exceptionally qualified to initiate
this process and negotiate final amendments to current city ordinances.
We propose the following workscope for our services.
P:\ADMIN\PROJECTS\99 I 26\PROPOSAL \CARRINGTON\MOD IFICA TI ONS-2.DOC
BREEDLOVE, DENNIS & ASSOCIATES, INC.
1'.0. BOX 720037/ ORLANDO, FLORIDA 31872-0037
4301 METRIC DRIVE 1 WINTER PARK, FLORIDA 317911 (407) 677-18811 FAX (407) 657.7008
BDA
ENVIRONMENTAL CONSULTANTS
Mr. Charles Carrington
September 14, 1999
Revised September 16, 1999
Page 2
o Task No. 1- Initial Focus Workshop
We will schedule an initial review workshop with City Commissioners, other city personnel involved in
the development and review process, and interested public participants. We will prepare for t4is meeting
by compiling maps and available data for natural resources within the city service boundaries such as
1 DO-year floodplain, land use, wetlands, and protected species habitat. This information will be presented
to workshop attendees to obtain input and direction for code amendments, outline the existing regulatory
framework for wetlands, identify currently-developed areas, and identify wetland resources (as identified
by the S1. Johns River Water Management District) that should be protected or preserved. The minutes
from this meeting will be summarized and provided to the attendees.
o Task No.2 - Review of Existing Ordinances
We will review the existing City of Winter Springs ordinances related to protection of natural resources
defined by the initial workshop. We will also contact . other municipalities and government agencies to
obtain model ordinances and local ordinances from which to formulate modifications. These other contacts
may include, but not be limited to, the American Planning Association, Urban Land Institute, League of
Cities, Seminole County, Orange County, City of Sanford, City of Orlando, and City of Altamonte Springs.
Other contacts maybe made as directed by the City of Winter Springs. Upon completion of this data
collection and review, we will formulate proposed changes to the existing city ordinances and recommend
options for amending the adopted codes.
o Task No.3 - Progress Review Workshop
A second workshop will be scheduled to present recommended options for identifying unique natural
resources and planning goals that would not duplicate the permitting process of federal, state, and local
regulatory agencies. These options will have been developed based on the initial focus workshop and our
review o( other ordinances from other municipalities. The goal of this workshop will be to define the
ordinances to be modified or amended to provide additional protection for the City of Winter Springs'
natural resources.
o Task No.4 - Preparation of Proposed Ordinance Amendments
Based on information and comments received during the Progress Review Workshop, a draft of the
proposed ordinance amendments will be prepared and submitted to the City of Winter Springs.
0 Task No, 5 - First Commission Meeting (Public Hearing/First Reading of Ordinance
Amendments)
We will coordinate with the City of Winter Springs to present recommended modifications of city
ordinances during the regularly scheduled public meeting with the City Commissioners. BOA will make
a presentation and answer questions during this hearing, as necessary. Any necessary revisions to the
P:\AD MIN\PROJECTS\99126\PROPOSAL \CARRINGTON\M ODIFICA TI ONS-2.DOC
BDA
ENVIRONMENTAL CONSULTANTS
Mr. Charles Carrington
September 14, 1999
Revised September 16, 1999
.Page 3
proposed ordinance amendments will be made, and a final draft will be submitted to the City of Winter
Springs.
o Task No.6 - Second Commission Meeting (Final Reading and Adoption of Ordinance)
A final public meeting with the City Commissioners will be scheduled to approve recommended changes
to the city's ordinances protecting natural resources. We will attend this meeting to answer questions and
provide a presentation, as necessary.
o Task No, 7 - Requested Services
Work related to tasks above and beyond the scope of services provided herein will be conducted on a time
and materials basis pursuant to your authorization.
Cost of Services and Invoicing
Dr. W. Michael Dennis and Ms. Penny E. Cople will attend workshops and meetings representing BDA.
The anticipated costs for each task have been outlined below for your review. However, the actual <?osts
for the completion of each of these tasks may be more or less than the estimated costs provided for each
task below. The total contract amount will not exceed $12,400, without prior authorization in the event
additional meetings or tasks are assigned. Billing will be on a not-to-exceed basis for Task Nos. 1 through
6 in accordance with the enclosed Schedule of Professional Fees and subject to the attached Terms and
Conditions as identified on the following table. Billing for any additional authorized tasks not included in
this proposal will be on a time and materials basis. We have also provided a box for each step in this
process for your approval. If you accept our proposed services, please check those tasks that you will need.
We will work from a purchase order fromthe City of Winter Springs, if required.
.- ., ~ ". ," , . ,,'" ..,.".... .,'-"
TaskNo; De~~tip'~iQn ';. .';1 ',.Esfifuated,l€osis."
. ., .. ..' "'" . :~ ':;:'~..~".~;' '~.'.':?o
o Task No. 1 Initial Focus Workshop $4,000
o Task No.2 Review of Existing Ordinances $2,200
o Task No.3 Progress Review Workshop $1,5,00
o Task No.4 Preparation of Proposed Ordinance Amendments $2,500
o Task No.5 First Commission Meeting (Public Hearing/First Reading of $1,100
Ordinance Amendments)
o Task No.6 Second Commission Meeting (Final Reading and Adoption of $1 , 1 00
Ordinance)
P:\ADMfN\PROJECTS\99I 26\PROPOSAL\CARRINGTON\MODIFICA TIONS-2.DOC
BDA
ENVIRONMENTAL CONSULTANTS
Mr. Charles Carrington
September 14, 1999
Revised September 16, 1999
Page 4
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o Task No.7 Requested Services Time and
materials
Space has been provided below for your acceptance of this proposal and your signature hereon will
constitute a contract between us for the work. Please sign both copies and return them to our office. A fully
executed contract will be returned for your files
Sincerely yours,
efi1'~ f, CfLaU ~
PennyE. Co , B.S. .
Associate Scientist III President
~ccePii '!1 ...
--< ~~- f( P/ '.tll."
Date
Charles Ca gton
City 'of Winter Springs
W. Michael Dennis, Ph.D. Date
President.
Breedlove, Dennis & Associates, Inc.
PECIWMD/smc
Enclosure
P:\ADMIN\PROJECTS\99126\PROPOSAL\CARRINGTON\MODIFICA TIONS-2.DOC
BDA
ENVIRONMENTAL CONSULTANTS
SCHEDULE OF PROFESSIONAL FEES
Effective July 1,1999
Position/Service Hourly Rate ($)
Principal 185.00
Senior Vice President 175.00
Vice President 125.00
Director of Ecological Services 105.00
Senior Scientist 95.00
Scientist IV 90.00
Scientist III 85.00
Scientist II 75.00
Scientist I 65.00
Environmental Specialist III 65.00
Environmental Specialist II 55.00
Environmental Assistant 45.00
Technician 30.00
Senior Geographic Information Systems (GIS) Analyst 95.00
GIS Analyst III 85.00
GIS Analyst II .75.00
GIS Analyst I 70.00
GIS Specialist 55.00
GIS Technician 45.00
Computer Aided Design Specialist 55.00
Global Positioning System (GPS) Specialist 55.00
MIS SpeCialist 55.00
Word Processor 45.00
Clerk 25.00
PC Computer Time (AutoCAD, ArcCAD~ 25.00
Workstation Computer Time (ERDAS, ARC/INFO~ 45.00
Remote & Base GPS .200.00/day
Each Additional Remote GPS 100.00/day
Airplane 150.00 (wet)
Boats 55.00/day
12.' w/IOhp
18' w/50hp
Vehicle 0.50/mile
CCD Camera System 100.00/day-l/2 day minimum
Terms: Net 30 days. Unpaid balances will be subject to interest at the rate of 1.5% per month or the
maximum permissible under state law, whichever is less, starting 30 days from the
invoice date.
Expert witness at 125% of schedule fees.
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BREEDLOVE, DENNIS & ASSOCIATES, INC.
. P.O. BOX 720037/ ORLANDO, FLORIDA 32872-0037
4301 METRIC DRIVE / WINTER PARK. FLORIDA 32792 / (407) 677-J 882/ I'AX (407) 657.7008
BDA
ENVIRONMENTAL CONSULTANTS
TERMS AND CONDITIONS
1. Other support provided at the request of the Client or determination of BDA, upon written notice to Client, and
representatives of the Client including, but not limited to, may increase by 5% annually thereafter.
team meetings, agency negotiations, public presentations,
mitigation design, permitting assistance, sufficiency 5. This Proposal to perform services for this Project shall
responses or additional analyses not mentioned elsewhere in remain open for acceptance for a period of sixty (60) days
this Proposal will be billed on a time and materials basis from the date thereof, after which time BDA reserves the
according to the attached rate schedule. All requested right to review, revise or withdraw its Proposal.
services must be approved by the Client before additional
support can be initiated. 6. All information furnished by Client to BDA shall be
returned to Client upon the conclusion of the Work unless
2. Unless specified elsewhere ill the Proposal, the the same shall have been consumed or merged into the
proposed costs constitute Breedlove, Dennis & Associates, Work. BDA may retain copies of any such information
Inc.'s (BDA) estimate of the charges required to complete furnished to BDA by Client and BDA shall, in all events,
the Project as defined. Final costs for this Project may vary retain full possession and ownership of it's field and Project
from the estimated costs. For many projects, all activities notes and all other documents or data generated, consumed
are often initially not fully definable. As the Project or merged into any reports, opinions, or applications
progresses, the facts uncovered may alter the scope of work required in connection with the Project and the Work.
and consequently the cost of completion. BDA will inform
the Client of such situations so that negotiations of change in 7. This Contract may be terminated by either Party for
scope and fees can be accomplished as required. reason or for no reason by giving thirty (30) days written
notice to the other Party. Said notice shall be sufficient if it
3. BDA's fees are based on the actual time required by the is delivered to the Party personally or mailed by certified
individuals assigned to the Project task, plus reimbursable mail to the Party's mailing address. Upon any termination
expenses. Reimbursable expenses mean the actual expenses under this paragraph, BDA will prepare a final invoice
incurred directly or indirectly in connection with the Project. following the date of a final termination notice which date
Reimbursable expenses include, but are not limited to long shall be the "Effective Date of Termination." Where the
distance telephone calls, computer charges, living and travel method of payment is based on time and materials, the final
out-of-town, inter-city travel, reproduction of reports, invoice will be based on reimbursement for all services and
drawings and documents, and special fees. Client shall expenses aSsociated with the Project up to the Effective Date
compensate the consultant for reimbursable expenses. of Termination.
Individual hourly rates vary according. to the degree of
responsibility involved and the skill required. BDA will 8. Neither BDA nor Client shall be liable to the other for
submit our bill for these services monthly. Payment is due any damages whatsoever caused by termination of this
upon submission. Contract or failure to perform under this Contract, except for
services actually performed and costs and commitments
4. After January I, 2000, all hourly and daily rates quoted actually incurred by BDA under this Contract, prior to the
within this contract may Increase by 5%, at the Effective Date of Termination. In no event shall either Party .
be liable to the other for any other claim of direct, indirect,
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BREEDLOVE, DENNIS & ASSOCIATES, INC.
P.O. BOX 720037/ ORLANDO, FLORIDA 32872-0037
4301 METRIC DRIVE / WINTER PARK, FLORIDA 32792 / (407) 677-1882/ FAX (407) 657-7008
BDA
ENVIRONMENTAL CONSULTANTS
special, incidental, or consequential damages (including loss BDA and Client and all promIses, representations,
of profits) whether based on contract, tort, or another legal understandings, and agreements with the respect to the
theory . subject matter hereof and inducements to the making of this
agreement relied upon by either Party have been expressed
9. The Parties to this Contract agree to make the herein, and may not be altered, amended, or modified unless
submission to mediation of any dispute or controversy in writing executed by the Parties hereto.
arising out of this Contract, as set forth herein, an express
condition precedent to any legal or equitable action or 13. Neither this agreement nor any interest herein may be
proceeding of any nature whatsoever. All disp'utes between assigned by the Client without BDA's prior written consent.
the Parties to this Contract arising out of or in connection No Party shall be liable for delay in the performance
with this Contract shall be referred for mediation to a hereunder do to causes beyond their control, including, but
mediator who is a member of the Florida Bar in good not limited to, acts of God, fire strikes, acts of war; or the
standing, and who is mutually acceptable to all Parties intervention of governmental authority, but any such failure
subject to the dispute. . Each Party to all disputes submitted shall be remedied as soon as reasonably possible.
for mediation shall pay an equal share of the costs and fees
charged by the mediator. 14. Each Party executes this agreement as an independent
contractor and nothing herein shall be construed to form a
10. The Client acknowledges that it has secured legal rights joint venture, partnership, or any similar form of association.
to the property upon which the project will be developed.
The Client further acknowledges and agrees that the type of 15. In the event of default by Client in the payment of any
services to be performed by BDA are covered under Florida sum to BDA when due, or in the performance of any of
Statutes 713.03' (Liens for professional services) and that the Client's obligations under this agreement, BDA shall have
non-payment of fees owed under this Agreement may result the right to terminate this agreement, until such time as the
in a mechanic's lien or other encumbrances being placed on default may be cured. Client shall reimburse BDA for all
the property upon which the project is/will be located. costs and expenses to enforce collection of any monies from
Client.
11. This Contract shall be governed by and interpreted in
accordance with the laws of the State of Florida, and the
Parties expressly agree that any mediation proceeding, or
any action at law or suit in equity, shall be instituted and
maintained only in the Courts of Orange County, Florida,
and each Party waives the right to change of venue. It is
agreed by and between the Parties that this agreement was
executed in the State of Florida, United States of America.
In the event BDA retains legal counsel to enforce any of the
provisions of this agreement, the Client agrees to pay all
reasonable attorneys fees and any additional attorney fees
pursuing collection of this judgement.
12. This agreement, and any specified attachment, or
exhibits attached constitute the entire agreement between
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