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HomeMy WebLinkAbout1999 09 27 Consent Item D COMMISSION AGENDA ITEM D Consent X Information Public Hearing Regular September 27 . 1999 Meeting MGR. !1{,.J1I{ IDeIJ!!- REQUEST: The Community Development Department requests the City Commission authorize the City Manager to enter into a contract with the firm of Breedlove Dennis Associates (BDA) to prepare amendments to the City Code affecting wetlands, conservation areas, and docks. PURPOSE: The purpose of this agenda item is for the City to employ environmental consultants to research the existing codes related to wetlands, open space conservation areas, and docks and make recommendations for change. APPLICABLE LAW AND PUBLIC POLICY: The Provisions of Section 15-27. Compliance. Which States: "No public or private development shall be permitted except in conformity with the comprehensive plan or elements or portions thereof' (Code 1974, ~ 18-2). The Comprehensive plan in the conservation section provides the following goal: "To preserve the natural environment and quality of life on which Winter Springs is founded", Conservation Objective B). Conserve natural resources within the City as perpetual assets. COD/September 23, 1999/2:26 PM September 27, 1999 Consent Agenda Item D Page 2 Policies: 1). The City's remaining wetlands, 100-year floodplain, unique upland vegetative communities (i.e. hydric hammock, bayheads and swamps), and endangered and threatened species habitats are designated as environmentally sensitive lands. The City shall create a Conservation Land Use Category implementing the conservation element land use objectives. These lands shall be subject to the standards for development of Policies B (1-8) and C (1-6). 4). Promote dedication or conservatorship of land adjacent to natural drainage features, by allowing such areas to be counted in calculating open space requirements, and by establishment of provisions for conservation easements in the land development regulations. 5). Require conservation easements to be recorded as part of all land development containing wildlife habitat utilized by endangered or threatened species protected under policy C(3), 100-year floodplains, and wetlands, when outright public ownership is impractical. Uses within conservation easements shall be limited to those allowed under Chapter 704.06, F.S. No new platting shall be approved that does not meet the natural resource protection standards of policies C( 1) through C(6). 6). Verify all jurisdictional permits of Federal and State agencies have been acquired before development orders are issued by the City on properties adjacent to or including the natural drainage features including SJRWMD, FDER and USACOE permits for wetlands and water bodies, SJRWMD permits for stormwater management, and FEMA requirements for the 100-year floodplain. In addition, the development order must be consistent with the policies for natural resource protection of this plan, including C( 1-6). CDD/September 23. 1999/2:26 PM September 27, 1999 Consent Agenda Item D Page 3 Conservation Objective: c). Protect, conserve and appropriately use the remaining native vegetative communities, wildlife and wildlife habitat, particularly species designated as endangered, threatened or of special concern, and habitat utilized by those species, from destructive practices, through site plan review criteria requiring the species and habitat be identified, requirements that protection of remaining habitat be enforced through development orders, and providing incentives for such protection. Policies: 5). Wetlands shall be protected through the enforcement of the following standards for new development and redevelopment: a. Wetlands shall be delineated on the site plan according to DER, SJRWMD and USACOE definitions, whichever is stricter. b. No new individual lots or parcels shall be created after the adoption of this plan that consist of such a high proportion of wetlands that development of the lot is impossible without filling or other disturbance of those wetlands. c. Development shall be clustered away from wetlands. All projects proposing alterations to wetlands shall submit documentation to the City that the project cannot be redesigned to avoid alteration to wetlands. d. A vegetated wetland buffer of 25 feet, depending upon site conditions, shall be maintained between all structures and the wetland jurisdiction line. No more than 25% of the shoreline of any development parcel may be cleared, to provide access to the shoreline and/or view of the lake. e. Where the developer documents that the site cannot be reconfigured to avoid alteration of the wetland, the amount of fill placed shall be limited to the minimum necessary for development. All structures in wetlands shall be placed on pilings, unless otherwise approved by jurisdictional agencies. No new septic tanks shall be allowed within 75 feet of water bodies of wetlands. CDD/September 23, 199912:26 PM September 27, 1999 Consent Agenda Item D Page 4 f Any alteration of wetlands that impairs wetlands functions shall be required to replace wetlands acre for acre, type for type, or as permitted by the USACOE, SJRWMD, and/or DER. The placement of docks, piers or boardwalks where a minimal amount of fill is used may be exempt from this requirement, unless there are permit requirements of other agencies. 6). All proposals for development in the 100-year floodplain shall be required to avoid alteration in the 100-year floodplain. Where the applicant documents that the project cannot be completed without alteration of the 1 dO-year floodplain, by meeting the criteria established in Policies C(I) through C (6) of this element, the project may be approved if all structures are placed on pilings or filled with a minimum amount of fill and compensating storage provided. All structures shall be constructed so that the first floor elevation is 18" above the 100-year floodplain. No septic tanks shall be located within the 100-year floodplain. Clearing of floodplain vegetation shall be limited to 25% of the site. No hazardous materials or wastes shall be stored within the 100-year floodplain. Land Use Objective: A). Perpetuation of the existence and benefit of natural drainage features, excluding them from being developed with uses that require the support of urban infrastructure. Policies: 3). The natural hydrological, typographical, biological and ecological functions of natural drainage features, creeks and wetland areas lying within the boundaries of the City shall be protected. The standards and provisions for protection shall include, but not necessarily be limited to the following: a. Require projects to cluster development away from wetland areas of the site and maintain upland buffers adjacent to wetlands. The minimum vegetative buffer requirement shall be twenty-five (25) feet upland from the wetland area. A larger buffer shall be required on a site-by-site basis when required to protect the resource. The City shall follow the following criteria in determining whether a CDD/September 23, ] 999/2:26 PM September 27, 1999 Consent Agenda Item D Page 5 b. larger buffer area is required are the extend and functional value of the wetland, and the density and intensity of the proposed development. c. Require all wetlands to be accurately identified at the time of site development review. Alteration of wetlands may be permitted, however specific mitigation standards in accordance with policies of the St. Johns Water Management District will be established to ensure no net loss of wetlands either by functional value or extent. d. Environmentally sensitive areas shall be covered by an environmental easement which restricts uses to passive recreational activities. The environmental easement may be dedicated by plat or by a separate instrument approved by the City. e. Require vegetative buffers around all lakes in order to protect water quality of these water bodies. The minimum upland lake buffer shall be fifty (50) feet. No fill shall be placed in lakes, except as permitted by applicable state, regional and federal agencies. Fill as defined as deposition, by any means of material in waters, with the exception of naturally occurring material, which may deposit into waters by natural causes or means, and piers and piling supports authorized by permitting agencies. f Provision of specific location standards for the construction of docks and other structures over lake areas. g. Wetlands shall be delineated on the site plan according to DER, SJRWMD, and USACOE definitions, whichever standard is more restrictive. Wetlands shall mean those areas established as jurisdictional by the above agencies. h. Developments adjacent to Lake Jesup shall not be permitted to include Light Industrial, Industrial, or Commercial Land Uses. In addition to these restrictions, the following provisions to protect the natural functions of the lake shall be established: 1. An upland buffer zone, to be a minimum width of fifty (50) feet, shall be provided between any development activity on the lake; COD/September 23, 1999/2:26 PM September 27, 1999 Consent Agenda Item D Page 6 11. All development along the Lake shall be required to meet a more restrictive impervious surface ratio standard. All development along the lake shall provide a minimum of 40% pervious surface. 111. No direct discharge of stormwater into the lake shall be permitted, in accordance with criteria established by the SJRWMD. CONSIDERATIONS: 1. The City of Winter Springs Comprehensive Plan was adopted on April 27, 1992. In the conservation and land use elements of the plan reference is made to upland buffer zones protection of wetland areas, and the placement of docks. 2. The City Commission at its August 23, 1999 meeting instructed the City Manager to seek professional help in the evaluation of City codes and policies related to conservation areas, wetlands and docks. 3. The firm of Breedlove Dennis Associates was selected by staff due to their expertise and extensive background with sensitive wetlands and adjacent upland areas. FUNDING: Attachment "A" is a contract from BDA to complete the tasks and provide professional services to evaluate existing codes related to wetlands, and adjacent uplands, and to make recommendations for changes in the code of ordinances at a proposed cost of$12,400.00. These items are not budgeted and must be funded from supplemental appropriations from the general fund reserves. CDD/September 23, 199912:26 PM September 27, 1999 Consent Agenda Item D Page 7 RECOMMENDATION: It is recommended that the City Commission authorize the City Manager to enter into a contract with the firm of Breedlove Dennis Associates to study existing codes and prepare recommended changes. IMPLEMENTATION: The contract with BDA will address potential code changes related to conservation areas, wetlands and docks. ATTACHMENTS: A). BDA contract and scope of services for wetlands and adjacent uplands. COMMISSION ACTION: CDD/Septernber 23, 1999/2:26 PM BDA ENVIR(lNMENTi\L O)NSULTi\NTS RECEIVED SEP 2 0 1999 September 14, 1999 Revised September 16, 1999 File: 99 I 26-1 O. I CITY OF WINTER SPRINGS Community Development 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 fol1owing 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 wilJ 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 governments, but to maximize the City of Winter Springs protection for its natural resources not addressed elsewhere in government codes or pern1itting 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 exceptional1y qualified to initiate this process and negotiate final amendments to current city ordinances. We propose the following workscope for our services. P:\ADMIN\PROJECTS\99126\PROPOSAL\CARRINGTON\MODIFICA TIONS-2.DOC BREEDLOVE, DENNIS &. ASSOCIATES. INC 1'.0. BOX 720037/ ORLANDO. FLORIDA 32871.0037 4301 METRIC DRIVE / WINTER PARK. f'LORIDA 32792 / (407) 677.1882 / FAX (407) 657.7008 BDA EN V IIZ0Nlvl ENTf\L CONSl JI:r/\NTS 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 this meeting by compiling maps and available data for natural resources within the city service boundaries such as 100-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 St. 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 may be 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 - Pro~ress 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 pemlitting process of federal, state, and local regulatory agencies. These options will have been developed based on the initial focus workshop and our review of 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. o 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. BDA will make a presentation and answer questions during this hearing, as necessary. Any necessary revisions to the P:\ADMIN\PROJ ECTS\99 I 26\PROPOSAL \CARRINGTON\M 0 D I Fl CATl ONS-2. DOC BDA E~VI RUNM ENTAL Cl )NSUI:rt\NTS 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 neces,sary. 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 BOA. The anticipated costs for each task have been outlined below for your review. However, the actual costs 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. I through 6 in accordance with the enclosed Schedule of Professional Fees and subject to the attached Tenns 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 from the City of Winter Springs, if required. Task No. Description Estimated Costs o Task No. I Initial Focus Workshop $4,000 o Task No.2 Review of Existing Ordinances $2,200 o Task No.3 Progress Review Workshop $1,500 o Task No.4 Preparation of Proposed Ordinance Amendments $2,500 o Task No.5 First Commission Meeting (Public HearinglFirst Reading of $1 , 1 00 Ordinance Amendments) o Task NO.6 Second Commission Meeting (Final Reading and Adoption of $1, 1 00 Ordinance) P:\ADM IN\PROJECTS\99126\PRO POSAL \CARRINGTON\M 0 D I FI CA TI ONS-2.DOC BDA ENVIRONMENTAL CONSLJITf\NTS Mr. Charles Carrington September 14, 1999 Revised September 16, 1999 Page 4 Task No. Description Estimated Costs o Task No.7 Requested Services Time and materials Space has been provided below for your acceptance of this proposal and your signature hereon will constitute a contract between us for the work. Please sign both copies and return them to our office. A fully executed contract will be returned for your files Sincerely yours, () C(> / 1 J ,11 1Vtfc.., <..-, .-;f2{ .( Penny E. Cop] , B.S. Associate Scientist III ~ ,~ . ichael ~~~.~~ President Accepted by: Date Charles Carrington City of Winter Springs Date w. Michael Dennis, Ph.D. President Breedlove, Dennis & Associates, Inc. PECfWMD/smc Enclosure P:\ADMlN\PROJECTS\99126\PROPOSAL\CARRlNGTON\MODlFICA TIONS-2.DOC BDA ENVIRl )NMENTAL c\ )NSUIT/\NTS SCHEDULE OF PROFESSIONAL FEES Effective July 1, 1999 Position/Service Principal Senior Vice President Vice President Director of Ecological Services Senior Scientist Scientist IV Scientist III Scientist II Scientist I Environmental Specialist III Environmental Specialist II Environmental Assistant Technician Senior Geographic Information Systems (GIS) Analyst GIS Analyst III GIS Analyst II GIS Analyst I GIS Specialist GIS Technician Computer Aided Design Specialist Global Positioning System (GPS) Specialist MIS Specialist Word Processor Clerk PC Computer Time (AutoCAD, ArcCAD~ Workstation Computer Time (ERDAS, ARC/INFO~ Remote & Base GPS Each Additional Remote GPS Airplane Boats 12' w/l0hp 18' w/50hp Vehicle CCD Camera System Hourly Rate ($) 185.00 175.00 125.00 105.00 95.00 90.00 85.00 75.00 65.00 65.00 55.00 45.00 30.00 95.00 85.00 75.00 70.00 55.00 45.00 55.00 55.00 55.00 45.00 25.00 25.00 45.00 200.00/day 100.00/day 150.00 (wet) 55.00/day 0.50/mile 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 pennissible under state law, whichever is less, starting 30 days from the invoice date. Expert witness at 125% of schedule fees. 0:\MARKETING\FEESCHED\07 -0 1-99-FEE.DOC HREEDLOVE, DENNIS & ASSOCIATES, INC. 1'.0. BOX 7211017 / ORLANDO, FLORIDA 328n0037 4 301 ~ 1 ETRIC DRIVE / WI "'TER I~A.RI(. FLORI DA 32792 / (407) (, nl8S2 / I'AX (407) (,sn008 ENVIRONMENT,\L CONSLIITt\NTS BOA TERMS AND CONDITIONS 1. Other support provided at the request of the Client or representatives of the Client including, but not limited to, team meetings, agency negotiations, public presentations, mitigation design, permitting assistance, sufficiency responses or additional analyses not mentioned elsewhere in this Proposal will be billed on a time and materials basis according to the attached rate schedule. All requested services must be approved by the Client before additional support can be initiated. 2. Unless specified elsewhere in the Proposal, the proposed costs constitute Breedlove, Dennis & Associates, Inc.'s (BDA) estimate of the charges required to complete the Project as defined. Final costs for this Project may vary from the estimated costs. For many projects, all activities are often initially not fully definable. As the Project progresses, the facts uncovered may alter the scope of work and consequently the cost of completion. BDA will inform the Client of such situations so that negotiations of change in scope and fees can be accomplished as required. 3. BDA's fees are based on the actual time required by the individuals assigned to the Project task, plus reimbursable expenses. Reimbursable expenses mean the actual expenses incurred directly or indirectly in connection with the Project. Reimbursable expenses include, but are not limited to long distance telephone calls, computer charges, living and travel out-of-town, inter-city travel, reproduction of reports, drawings and documents, and special fees. Client shall compensate the consultant for reimbursable expenses. Individual hourly rates vary according to the degree of responsibility involved and the skill required. BDA will submit our bill for these services monthly. Payment is due upon submission. 4. After January 1,2000, all hourly and daily rates quoted within this contract may increase by 5%, at the O:\MARKETING\FEESCHED\ 1999- T &C.OOC determination of BDA, upon written notice to Client, and may increase by 5% annually thereafter. 5. This Proposal to perform services for this Project shall remain open for acceptance for a period of sixty (60) days from the date thereof, after which time BDA reserves the right to review, revise or withdraw its Proposal. 6. All information furnished by Client to BDA shall be returned to Client upon the conclusion of the Work unless the same shall have been consumed or merged into the Work. BDA may retain copies of any such information furnished to BDA by Client and BDA shall, in all events, retain full possession and ownership of it's field and Project notes and all other documents or data generated, consumed or merged into any reports, opinions, or applications required in connection with the Project and the Work. 7. This Contract may be terminated by either Party for reason or for no reason by giving thirty (30) days written notice to the other Party. Said notice shall be sufficient if it is delivered to the Party personally or mailed by certified mail to the Party's mailing address. Upon any termination under this paragraph, BDA will prepare a final invoice following the date of a final termination notice which date shall be the "Effective Date of Termination." Where the method of payment is based on time and materials, the final invoice will be based on reimbursement for all services and expenses associated with the Project up to the Effective Date of Termination. 8. Neither BDA nor Client shall be liable to the other for any damages whatsoever caused by termination of this Contract or failure to perform under this Contract, except for services actually performed and costs and commitments actually incurred by BDA under this Contract, prior to the Effective Date of Termination. In no event shall either Party be liable to the other for any other claim of direct, indirect, BREEDLOVE, DENNIS & t\SSOCIATES, INC. P.O. BOX 720037/ ORLANDO, FLORIDA 32812.0037 4301 METRIC DRIVE.' WINTER I~>\RK, FLORIDA 32792 / (407) 67/.1882 / FAX (407) 6577008 BDA ENVIRONMENTAL CONSUlTANTS special, incidental, or consequential damages (including loss of profits) whether based on contract, tort, or another legal theory. 9. The Parties to this Contract agree to make the submission to mediation of any dispute or controversy arising out of this Contract, as set forth herein, an express condition precedent to any legal or equitable action or proceeding of any nature whatsoever. All disputes between the Parties to this Contract arising out of or in connection with this Contract shall be referred for mediation to a mediator who is a member of the Florida Bar in good standing, and who is mutually acceptable to all Parties subject to the dispute. Each Party to all disputes submitted for mediation shall pay an equal share of the costs and fees charged by the mediator. 10. The Client acknowledges that it has secured legal rights to the property upon which the project will be developed. The Client further acknowledges and agrees that the type of services to be performed by BDA are covered under Florida Statutes 713.03 (Liens for professional services) and that the non-payment of fees owed under this Agreement may result in a mechanic's lien or other encumbrances being placed on the property upon which the project is/will be located. 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 0:\MARKETING\FEESCHED\1999- T &c.ooc BOA and Client and all promises, representations, understandings, and agreements with the respect to the subject matter hereof and inducements to the making of this agreement relied upon by either Party have been expressed herein, and may not be altered, amended, or modified unless in writing executed by the Parties hereto. 13. Neither this agreement nor any interest herein may be assigned by the Client without BDA's prior written consent. No Party shall be liable for delay in the performance hereunder do to causes beyond their control, including, but not limited to, acts of God, fire strikes, acts of war, or the intervention of governmental authority, but any such failure shall be remedied as soon as reasonably possible. 14. Each Party executes this agreement as an independent contractor and nothing herein shall be construed to form a joint venture, partnership, or any similar form of association. 15. In the event of default by Client in the payment of any sum to BDA when due, or in the performance of any of Client's obligations under this agreement, BDA shall have the right to terminate this agreement, until such time as the default may be cured. Client shall reimburse BDA for all costs and expenses to enforce collection of any monies from Client. 2 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 ~g~~]}!{~?~9k :;'':'';.l:''".,. ;:;{:.....-:':~'.r,,';,:-'):; ..;;}"",o_.','<"A.~'J" ~E'stiffi'ateij[€()s.tst~ i\,;',:,;,' :;.: < . :;.':\.-I~':':;",}:". $-;,~;.;;...:'~: l :.;?::i~i''l~''<: o Task No.7 Requested Services Time and materials Space has been provided below for your acceptance of this proposal and your signature hereon will constitute a contract between us for the work. Please sign both copies and return them to our office. A fully executed contract will be returned for your files Sincerely yours, efi1'~ f, CfLaU ~ PennyE. Co , B.S. . Associate Scientist III President ~ccePii '!1 ... --< ~~- f( P/ '.tll." Date Charles Ca gton City 'of Winter Springs W. Michael Dennis, Ph.D. Date President. Breedlove, Dennis & Associates, Inc. PECIWMD/smc Enclosure P:\ADMIN\PROJECTS\99126\PROPOSAL\CARRINGTON\MODIFICA TIONS-2.DOC BDA ENVIRONMENTAL CONSULTANTS SCHEDULE OF PROFESSIONAL FEES Effective July 1,1999 Position/Service Hourly Rate ($) 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. O:\MARKETING\FEESCHED\07 -0] -99-FEE.DOC 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, O:\MARKETING\FEESCHED\1999- T &C.DOC I 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 O:\MARKETfNG\FEESCHED\1999- T &C.DOC 2