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HomeMy WebLinkAboutBerryman & Henigar Agreement for Professional Services -1997 07 31 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into the 31 day of Jul y ,1997, by and between BERRYMAN & HENIGAR, (hereafter "CONSULTANT, with offices at: 1414 SW. Martin Luther King Avenue Ocala, Florida 34474-5055 and THE City of Winter Springs (hereafter "CLIENT"), is for the professional services described in Exhibits "A" attached to this Agreement upon the following terms and conditions: CLIENT: The City of Winter Springs Address: 1126 East State Road 434 Winter Springs, Florida 32708 OWNER: Same as above 1. DESCRIPTION OF PROJECT: Preparation of Evaluation and Appraisal Report for City of Winter Springs Comprehensive Plan 2. DESCRIPTION OF PROFESSIONAL SERVICES TO BE PROVIDED BY CONSULTANT: See Exhibit "A" attached to this Agreement. 3. The Compensation to be paid to CONSULTANT for providing the services described in Exhibit "A", attached hereto, shall be as set forth in Exhibit "A". Additional services not included in the scope of services set forth in Exhibit "A" hereto and requested by CLIENT will be based on a time charges/reimbursable expenses basis unless otherwise agreed to in writing. 4. GENERAL TERMS AND CONDITIONS: The terms and conditions of this Agreement are set forth in Exhibit "B" to this Agreement and are hereby accepted by all parties executing this Agreement. IN WITNESS WHEREOF, this Agreement is accepted on the date set forth above subject to all terms, conditions and provisions set forth herein and set forth within Exhibits "A" and "B" hereto. CONSULTANT: BERRYMAN & HENIGAR By: Chuck A. Pigeon.P.E. Title: Vice President / Principal Date: 7/23/97 CLIENT: By: Ronald W. McLemore Title: City Manager Date: 7-31-1997 Page 1 of3 Exhibit A 1.0 Scope of Services 1.1 Phase 1 Task 1 Ear Preparation Project Initiation Immediately after the contract for services is awarded, the Consultant team will meet with staff and the Local Planning Agency. The purpose of this meeting will be to introduce the consultant team, receive preliminary comments about the plan, to provide any initial thoughts about the plan and its status, and present an outline of the tasks and milestones. Our objective will be to insure that all of the parties are aware of the responsibilities and time frames for action, and to answer any questions about the process or the product. Milestone Date: August 6, 1997 (1 week after contract initiation) Fred Goodrow, Project Manager, Berryman & Henigar Milestone Responsibility: 1.01 Summarize Conditions of the Adopted Plan The task team members will prepare summaries of the adopted plan elements. These summaries will be inclusive of all of the data elements required by the Rule 9J-5. The format of the summaries will include narratives, maps and tables. Emphasis will be placed on those tables to be updated in later sections of the EAR. Each plan element will be assigned to a team member to serve as the lead preparer for that element. The project manager will establish a common format and numbering system to be used by each preparer. All drafts will be reviewed for quality control/quality assurance. Element summaries will address level-of-service considerations, as appropriate. These will include listings of deficiencies at the time of plan adoption, facility improvements planned to correct deficiencies, and facilities which were planned to meet new demand. A comparison of population estimates and projections will be made as part of the Land Use EAR, and transmitted to all team members. This will be used to guide the estimates of facility needs. Population estimates for both permanent and peak seasonal demand will be prepared and submitted to the Client Project Manager for acceptance as part of this task. All plan amendments since adoption will be summarized. Documentation of A-1 Future Land Use Plan amendments will include acreage, location and type of change. Amendments will be aggregated, and a summary table prepared of net changes. Milestone Date: Milestone Responsibility: August 27, 1997 Task team members, Project Manager Task 1.02 Update data to Current (1996) Conditions Data will be updated using information from the following sources: U.S. Census, City of Winter Springs Planning Department building permits, Bureau of Economic and Business Research population estimates, private population studies, Florida Department of Transportation (FOOT) traffic counts, traffic counts available from development applications, Metropolitan Planning Organization (MPO) transportation plans, Sheriff's Department and Florida Highway Patrol accident data, private transit providers, U.S. Department of Housing and Urban Development, Farmer's Home Administration, Florida Department of Community Affairs, Affordable Housing Needs Assessment (Shimberg Center), Department of Children and Families, Department of Environmental Protection, St. John's River Water Management District, City of Kissimmee, City of St. Cloud, U.S. Fish and Wildlife Service, Florida Game and Freshwater Fish Commission, East Central Florida Regional Planning Council, City of Winter Springs Public Works Department, City of Winter Springs Parks Department, City of Winter Springs Property Appraiser, City of Winter Springs Solid Waste Department, City of Winter Springs Office of Management and Budget, and other sources, as appropriate. Maps and tabulations as may be available from staff will be used as preliminary information to update the existing land use map. This will be supplemented a review of aerial photography to determine the base information on existing land use conditions. To the extent feasible, existing land use maps and data will be copied to Berryman & Henigar's Geographic Information System (GIS) using ARClnfo, AUTOCAD, or other compatible system. Existing resource information from the St. John's River Water Management District on land use/land cover, water use caution areas (as applicable), aquifer recharge areas, land uses within the 100 year floodplain, existing and potential pollutant loading, DEP water quality assessment (305(b)), groundwater quality and regionally significant wildlife habitat will be included as overlay layers to augment information on the built environment. These data sources, as well as local knowledge, will be used to support the vacant land analysis, the public facility analysis, and conservation analysis. Data will be compiled and organized consistent with the basic format established A-2 in Rule 9J-5 F.A.C. The extent to which level-of-service standards have been met will be analyzed in this task. New tables will be prepared for each element, using the same (or similar) headings and formats as were presented in the adopted plan elements. All drafts will be reviewed for quality control/quality assurance. The Affordable Housing Needs Assessment prepared by the Shimberg Center will be incorporated into the EAR for the Housing Element. The results of this analysis will be summarized in a brief format (1-2 pages per element) and presented as discussion sheets, to help elected and appointed officials and the public get a quick overview of the data issues which are relevant to the review of each element. One workshop will be held with the LPA and the staff to present the findings of the data and analysis update. Current issues can be discussed for possible inclusion within the EAR report. Issues such as the SR 434 corridor redevelopment and the impacts of annexation can be noted for inclusion within the EAR report. To the extent that comprehensive plan amendments may be sought to address emerging issues, inclusion in the EAR will allow these amendments to be treated as EAR-based amendments by the Department of Community Affairs. This reduces the burden on City staff to process individual comprehensive plan amendments. Milestone Date: October 1, (substantial completion), December 1 for final Task team members, through Project Manager Milestone Responsibility: Task 2.01 Objectives Analysis The consultant project manager will submit a sample matrix format for this analysis to the staff director for concurrence prior to beginning this task. This format will include the objective statement, a summary of the baseline conditions which were documented in the Plan, the measurable objective, and adequate data to determine whether the objective has been met. Each objective from every element will be analyzed using the identical format to determine whether it has been achieved, partially achieved, or not achieved. In cases where the achievement is ongoing, this will be so-noted. If the objective has not been fully achieved, the reason(s) will be determined, to the extent possible. Possible rationale for lack of full achievement will be used to evaluate objectives. Use of categoric rationale for less-than-full achievement will provide direction as to further treatment of the objective in the plan update. For those A-3 objectives which will be affected by statutory or rule changes, this will be noted here. Milestone Date: Milestone Responsibility: October 15 (sample format) Project Manager Task 3.01 Evaluation and development of objectives achievement matrix The results of this objectives analysis will be placed in a matrix format, in order to meet the minimum standard for submittal for pre-adoption review. A detailed analysis of the objectives and policies which were not achieved will be provided elsewhere in the EAR report, and will reflect public involvement as well as a detailed consideration of constraints and opportunities. A workshop will be held with staff to discuss the determinations included in this matrix. Revisions to the matrix will be made as necessary after the staff workshop. Milestone Date: Milestone Responsibility: January 15 Task team members, through Project Manager Task 3.02 Analysis of Major Problems and Social and Economic Effectsl Unforseen Problems and Opportunities This task will include a summary discussion of the result of visioning efforts in City of Winter Springs. This task will generally be a narrative discussion and mapping effort, with less emphasis on quantitative data than in previous sections. The sub-tasks which address major problems of development and location of land uses are closely related in a developed community such as the City of Winter Springs. These will be addressed in narrative, tabular and map formats. A comparison of the rate of development to projected development levels will have already been developed in an earlier task; however, the implications of this for the future will be examined in this task. Map analysis regarding the comparison of actual and projected location of land uses will narrative and tabular data. The impact and effectiveness of the Future Land Use Map will be determined as a narrative description of regional and area-wide growth factors. The extent to which urban growth boundaries have been maintained and urban sprawl contained will be addressed in both narrative and map formats. Map and narrative assessments will be provided to support the evaluation of the impact of development on environmentally sensitive areas. A-4 The evaluation of social and economic effects will be addressed as a narrative. Supporting data, reports and information will be sought from organizations such as economic development organizations, social welfare agencies, and educational institutions. A narrative discussion of unforseen problems and opportunities will include a discussion of community initiatives. Preliminary conclusions regarding plan amendments will be made as a result of this task. Milestone Date: Milestone Responsibility: February 15 Task team members, through Project Manager Task 3.03 Identify Effect of Statutory and Rule Changes This task will include identification of consistency with the State Comprehensive Plan, the East Central Florida Strategic Regional Policy Plan, Chapter 163 F.S., and Chapter 9J-5 F.A.C. In addition to these statutes, compliance with school siting provisions of Chapter 235 F.S. will be addressed. Any plan amendments which are indicated to achieve compliance with revised State rules and laws will be identified. Milestone Date: Milestone Responsibility: March 15 Project Manager Task 4.01 Recommended Future Actions A summary listing of recommended plan amendments will be provided in draft form for consideration by the staff and the LPA. This draft list of recommendations will be revised for the 90 day review submittal to the Department of Community Affairs. Specific attention will be directed to plan policies. Recommendations for revisions of policies is one desired outcome of the workshop process. At the completion of this task, the Consultant Task Team will present a draft EAR report for staff review prior to establishing the date for transmittal to the Department of Community Affairs. A draft EAR summary will be prepared by the Consultant to be used as a public involvement tool. This will be a concise document, which is designed to provide staff and elected officials with a brief "state of the plan" summary, and a list of recommended amendments. Use of this guide will make it easy to reference A-5 necessary future actions. Milestone Date: Milestone Responsibility: April 15 Project Manager, with Task Team Members. Task 5.01 Transmittal Hearing A public hearing on the transmittal will be scheduled by the LPA. Berryman & Henigar staff will assist the City of Winter Springs at a public hearing on transmittal of the draft EAR for Department of Community Affairs (DCA) review. This hearing generally takes the form of an informational meeting. Any changes made in the EAR at the transmittal hearing will be included in the draft prior to transmittal to the DCA. Milestone Date: Milestone Responsibility: May 1 Project Manager, with Task Team Members. Phase 2 Ear Adoption Task 6.01 Preparation of Final Draft EAR After receipt of the comments from the Department of Community Affairs and the public, the consultant team hold a workshop with the staff and the LPA to consider the comments and obtain guidance for preparation of the final draft EAR. The final draft EAR will be prepared by the consultants and submitted for staff and LPA review and recommendation. This will include a detailed policy analysis. A public hearing will be scheduled to obtain the recommendation of the LPA. Consultants and staff will present the final draft EAR at public hearing before the City Commission. Milestone Date: Milestone Responsibility: September 1, 1998 Staff and Project Manager A-6 2.0 Instruments of Service Phase 1 Ear Preparation General: Monthly reports of activities will be submitted with project billings. These monthly reports will address work completed during the previous month, problems or issues encountered during the prior month, suggested problem resolutions, and proposed work for the upcoming month. Specific instruments of service, per scope of services Task 1.01 Summary of each adopted plan element, 5 copies Task 1.02 Summary of Conditions at time of EAR with existing land use map. This is inclusive of Task 1.01 and provides all of the information needed to comply with the grant terms of the Department of Community Affairs; 5 copies plus 3 copies for DCA Task 2.01 Sample format for objectives achievement matrix, 5 copies Task 3.01 Objectives Achievement Matrix, each element, 5 copies. Tasks 3.02 Plan analysis sections of EAR, each element, 5 copies. Task 3.03 Effect of Statutory and Rule Changes, each element, 5 copies. Task 4.01 First draft EAR, 15 copies; Task 5.01 Revised draft EAR, 30 copies. Executive Summary, 30 copies; Slides, transparancies or hand-outs, one copy. PHASE 2 Ear Adoption Task 6.01 EAR adoption, Revised draft, 5 copies; Final adopted 5 copies. A-7 3.0 Project Budget Invoices will be submitted based on the percentage of project complete. The project budget for labor is allocated by task. Task 1 Task 1.01 Task 1.02 Task 2.01 Task 3.01 Task 3.02 Task 3.03 Task 4.01 Task 5.01 Task 6.01 Project Initiation Summary of Adopted Plan Analysis of Existing Conditions Objectives Analysis Evaluation of Objectives Analysis of Unforseen Problems Statutory and Rule Changes Recommended Future Actions Transmittal Hearing Preparation of Final Draft EAR TOTAL LABOR 660 3,300 14,850 1,650 4,950 3,300 1,650 660 990 1.650 $33,660 Reimbursable Expenses TOTAL FEE Travel Telephone, fax Copies Mail. FedEx TOTAL EXPENSES 360 300 320 100 $1080 $34,740 A-a EXHIBIT "B GENERAL TERMS AND CONDITIONS 1. PARTIES AND SCOPE OF WORK: "Work" means the specific professional technical services to be performed by CONSULTANT as set forth in Scope of Services. "CLIENT" refers to the person or entity ordering the work to be done by CONSULTANT. If CLIENT is ordering the work on behalf of another, CLIENT represents and warrants that CLIENT is the duly authorized agent of Owner for the purpose of ordering and/or directing with work. Any additional work which may be required due to changes in the project initiated by CLIENT, shall be paid by CLIENT. No Changes in the work shall be required absent a written change order therefore. CLIENT agrees that CONSULTANT shall not be responsible for any errors or omissions contained in or caused by work performed by others and furnished by CLIENT to CONSULTANT. 2. OPINIONS: CLIENT understands that opinions rendered by CONSULTANT are opinions only and that governing laws or regulations may change. CLIENT agrees that any services required in addition to those set forth in Scope of Services resulting from changes to governmental regulations shall be at CLIENT'S eJqJense. 3. USE AND OWNERSHIP: All documents including drawings and specifICations prepared by the CONSULTANT pursuant to this Agreement are instruments of service in respect to the Project. 4. ACCESS TO SITE. PERMITS AND TESTS: CLIENT shall arrange and provide access to the records, plans and documents as arenecessary for CONSULTANT to perform the work. 5. PAYMENT: A. Bi-weeklv Invoices: Payments for basic services shall be billed on a bi-weekly basis for work performed to date and shall be in proportion to services performed. Included in this billing shall be any charges for additional services and for reimbursable eJqJenses as defined in Paragraph B. below. B. Reimbursable Expenses: Include actual eJqJend itu res, such as travel, copies and mailing made by the CONSULTANT in the interest of the project., up to a limit of $300.00. C. Termination Expenses: If the Project is suspended or abandoned in whole or in part for more than three (3) months, the CONSULTANT shall be compensated for all services performed prior to and up to the date of receipt of notice from the CLIENT of such suspension or abandonment, together with reimbursable expenses then due and for completion of such services and records as are necessary to place CONSULTANT'S files in order and/or protect its professional reputation. If the Project is resumed after being suspended for more than three (3) months, the CONSULTANT'S compensation shall be equitably adjusted. D. Interest and Collection Costs: 1. Late Payments: If CLIENT fails to make any payment due the CONSULTANT for services and eJqJenses within ten (10) days after receipt of the CONSULTANT'S invoice, the amounts due the CONSULTANT shall include a finance charge of 1.5% per month, or 18% per annum, from said tenth (10th) day. 2. Should it be necessary to collect this account, CLIENT agrees to pay all costs of collection, including any reasonable attorney's fees, or fees for trials or appeals. 6. LIMITATION OF LIABILITY: In the event that CLIENT requests or receives from CONSULTANT work product in a computer generated form such as a floppy disk, CLIENT shall not be entitled to rely on the work product contained therein and CONSULTANT shall not be responsible for the work product contained therein, it being understood by all parties hereto that computer ready documents are capable of being easily altered and may not be CONSULTANT'S final work product. Accordingly, the parties hereto agree that the documents for which CONSULTANTS shall be responsible for the preparation and completion of shall be limited to documents constituting CONSULTANT'S finished work product. Any use by CLIENT of computer generated or comparable items such as floppy disks shall be at CLIENT'S sole risk. 7. MISCELLANEOUS PROVISIONS: A. The CONSULTANT shall not be liable for failure to perform for delay in performance of this Contract due to fire, strike, or other labor diffICulty, act of any governmental authority, riot, embargo, wrecks or delay in transportation, or any other unawidable cause beyond the reasonable control of either party. B. This Agreement shall be governed by the laws of the State of Florida. C. As to all acts or failures to act by either party to this Agreement, any applicable statue of limitations shall commence to run and any alleged cause of action shall be deemed to have occurred in any and all events not later than the relevant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Completion not later than the Date of Issuance of the Final CertifICate for Payment. D. The CLIENT and the CONSULTANT, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such party with respect to all covenants of this Agreement. Neither CLIENT nor CONSULTANT shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. E. This Agreement represents the entire and integrated agreement between the CLIENT and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the CLIENT and the CONSULTANT. Iniials: Consultant Client Ronald W. McLemore