HomeMy WebLinkAboutIII (C) Approval and Authorization for Mayor and City Clerk to execute the Contract with Berryman and Henigar, Inc. for Consulting Service to Update the City's Land Development Code Agenda 11-17-98
Item III C
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
®COG® COMMISSIONERS
fo� CITY O F OCOEE DANNY HOWELL
• -p, SCOTT A.GLASS 150 N.LAKESHORE DRIVE SCOTT ANDERSON
p OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
7* ? (407)656-2322
1: .� CITY MANAGER
Op GOO' �` ELLIS SHAPIRO
STAFF REPORT
DATE: November 12, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis, AICP, Senior Planner
THROUGH: Russ Wagner, MCP, Director of Planning 4
SUBJECT: Approval of Land Development Code Consultant Contract
ISSUE:
Should the Mayor and City Commissioners approve the attached contract with Berryman and
Henigar, Inc. for consulting services to update the City's Land Development Code?
BACKGROUND:
Over the past several months Staff has been working to select a consultant to help the City update
the Land Development Code and once a consultant had been selected, prepare a contract for
consulting services. The firm of Berryman and Henigar, Inc. was selected to perform this work.
DISCUSSION:
The attached contract includes standard language found in many contracts for consulting services
and a Scope of Services which is based on discussions with Planning Department staff and the
Assistant City Attorney regarding the City's needs for the new Land Development Code. As of
the time this City Commission Agenda package was distributed, the consultant had signed the
contract and Faxed it to the City. It is anticipated that this project will take approximately one
year to complete and the consultant will be paid just under $50,000 for consulting services.
STAFF RECOMMENDATION:
Staff recommends that the Mayor and City Commissioners approve the attached contract with
Berryman and Henigar, Inc. for consulting services to update the City's Land Development Code.
Attachment: Contract for consulting services
\\GIS DOCI\PLANNING\RLEWIS\ALL_DATAVIpdfile\StaffReports\SR98059.doc / V/
CP ' 04'
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into as of the day of , 199 , by and
between the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 (hereinafter called the "CITY"), BERRYMAN & HENIGAR,
INC., a Florida corporation, whose address is 1414 SW Martin Luther King Avenue, Ocala, Florida
34474 (hereinafter called the "CONSULTANTS").
WITNESSETH:
WHEREAS, the CITY is undertaking the updating of its land development regulations
(hereinafter called "PROJECT'); and
WHEREAS, the CITY wishes to engage CONSULTANTS to provide certain services with
regard to the PROJECT as set forth by Part I, DESCRIPTION OF WORK AND SERVICES; and
WHEREAS, the CONSULTANTS represent that they have the expertise to provide such work
and services:
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed
that CONSULTANTS are hereby employed, authorized, and instructed by the CITY to perform such
services as are specifically described herein accordance with the following covenants and conditions,
which both the CONSULTANTS and the CITY have agreed upon:
I. DESCRIPTION OF WORK AND SERVICES:
A. The CITY desires to continue to insure the orderly and well-planned development within
the City in such a manner that will help protect the health, safety, welfare and quality of life of the
residents of the CITY. In furtherance of these goals, the CITY desires that the CONSULTANTS
provide professional services within present technological knowledge and accepted standards and
consistent with the current requirements of law. Upon all parties signing this Agreement,
CONSULTANTS shall provide CITY with the specific services identified herein. The CONSULTANTS
do hereby agree with the CITY for the considerations named herein to perform such consultation work
and services as stipulated by this Agreement and any Addenda or Scope of Services Changes hereto.
B. The work and services involved shall include review of all pertinent data, studies and
plans which the CITY has in its possession and agrees to provide for the CONSULTANTS.
C. The CONSULTANTS shall work closely with the CITY on all aspects of the work and
services. The work may include cooperative working sessions with CITY officials and departments and
presentations before public agencies.
D. At the time of each invoice the CONSULTANTS agree to issue a progress report of all
work completed to date during the term of this Agreement.
006.115319.3 Page 1 o f 9
E. The CONSULTANTS shall diligently and in a timely and professional manner provide the
work and services described in Exhibit "A" attached hereto and by this reference incorporated herein
(the "Scope of Services").
II. MANNER OF PERFORMANCE:
A. The City Manager or his designee shall be the CITY's designated representative in all
matters related to this Agreement. Russell B. Wagner, Planning Director, is, until such time as the
CONSULTANTS are informed in writing of a replacement designee, the City Manager's designee in all
matters related to this Agreement.
B. If the CITY desires a change in the Scope of Services which would not increase the flat fee
for the PROJECT, the CONSULTANTS shall modify the Scope of Services upon receipt of written
authorization from the CITY's designated representative (the "Scope of Services Change").
C. The CONSULTANTS agree, as an independent contractor, to undertake work and/or
perform such services as may be specified in this Agreement or any Addendum executed by the parties
or Scope of Services Change issued in connection with this Agreement.
D. The CONSULTANTS shall maintain an adequate and competent staff of professionally
qualified individuals throughout the performance of this Agreement to ensure acceptable and timely
completion of tasks pursuant to this Agreement and any Addenda or Scope of Services Changes
hereto. The CONSULTANTS shall obtain approval from the CITY prior to utilizing key professional
personnel other than those individuals identified in Exhibit"B" attached hereto and by this reference
incorporated herein.
E. The CONSULTANTS agree that the CITY shall not be liable for payment for any work or
services unless the CITY, through the CITY's designated representative, authorizes the CONSULTANTS
to perform said work.
F. The CITY understands that opinions rendered by the CONSULTANTS are opinions only
and that Federal, State and Local governmental regulations and/or judicial or governmental interpretations
of such regulations may change, substantially affecting these opinions. The CITY agrees that any
services rendered by the CONSULTANTS, in addition to services required herein, resulting from future
changes to governmental regulations and/or future changes in judicial, agency or governmental
interpretation and requirements made pursuant to existing regulations not contemplated at the time of this
Agreement, shall be at the CITY'S expense.
III. COMPENSATION:
A. As compensation for CONSULTANTS' services, the CITY agrees to pay
CONSULTANTS in accordance with the terms and conditions set forth herein. The CITY shall pay a
flat fee of Forty Nine Thousand Nine Hundred and Sixty-five DOLLARS ($49,965.00)for the work and
services to be performed under this Agreement. The invoice amounts shall be based on the
percentage of the PROJECT completed. Undisputed invoices in acceptable form will be processed for
payment within thirty (30) days of receipt by the CITY's designated representative of the invoice and
the progress report referenced in Paragraph I.D. above. The CITY shall notify the CONSULTANTS of
Page 2 of 10 Berryman & Henigar
any disputed items or deficiencies in the invoices within fifteen (15) days of receipt. Original and
revised invoices will be processed in the same manner.
B. It is further understood that said flat fee set forth above for services shall remain in
effect for fourteen (14) months after the Effective Date of this Agreement, at which time the CITY
and the CONSULTANTS shall agree in writing to a reasonable fee for completion of the remaining
portion of work and services set forth in the Scope of Services.
C. If the CITY desires additional work or services which would increase the flat fee and
CONSULTANTS agree to undertake same, the parties shall agree, in writing, to an addendum to
this Agreement ("Addendum"). Upon receipt of a written request for additional work or services the
CONSULTANTS shall prepare an Addendum to this Agreement and submit it to the CITY for
approval. If such additional work or services are not required as a result of error, omission, or
negligence of the CONSULTANTS, the CONSULTANTS shall be compensated for such agreed
additional work and services based upon a payment amount acceptable to the parties. It is
understood that such additional work or services shall include revisions to work previously
performed that are required because of a change in the data or criteria furnished to the
CONSULTANTS, or a change in the scope or concept of the tasks initiated by the CITY and/or
services that are required by changes in the requirements of public agencies, the laws or
administrative regulations of the State of Florida and/or any state agency's interpretation of such,
after work under this Agreement has commenced.
D. The CONSULTANTS shall maintain records conforming to usual accounting
practices which shall be available to the CITY or its authorized representative at all reasonable
times throughout the term of this Agreement and for three (3) years thereafter. The CITY or its
authorized representative shall have access within 24 hours notice for inspection, audit, and
copying.
IV. USE AND OWNERSHIP:
A. All original materials, reports, documents, drawings, specifications, computations,
sketches, test data, photographs, and renderings related to the services and work performed
hereunder shall be the property of the CITY. The CITY shall be entitled to copies or reproducible
sets for any of the aforesaid which are prepared by CONSULTANTS.
B. The CONSULTANTS agree that the CITY is not required in its development activities
to use any plan, report, drawing, advice, map, document, or study prepared by the
CONSULTANTS. Further, the CONSULTANTS agree that the CITY in its sole discretion, may
utilize the aforesaid, or any part thereof, or in any modified or amended form and the
CONSULTANTS waive any right of redress against the CITY arising out of such use. However,
any modification or amendment to any of the CONSULTANTS' work by the CITY or any person,
firm or corporation other than the CONSULTANTS shall release the CONSULTANTS from any and
all liability in connection with such work thereafter and the CITY shall not use the CONSULTANTS'
name thereon.
Page 3 of 10 Berryman & Henigar
V. INDEMNIFICATION:
A. The CONSULTANTS shall promptly notify the Finance Director and Risk
Management Director of the CITY of all damage to property of the CITY or others and of injuries
sustained by any persons, including employees of the CONSULTANTS, in any manner relating
directly or indirectly to the work within the scope of this Agreement.
B. The CONSULTANTS agree to and do hereby indemnify and save the CITY harmless
from and against any and all losses, damage, claims, actions, liability, attorney's fees, and expense
in contract or in tort, in connection with loss of life, bodily injury and/or property damage occurring
on or about or arising out of those portions of the work under CONSULTANTS' control or wherever
arising if occasioned by the negligent or intentional acts or omissions of CONSULTANTS, or their
agents, servants, employees, or materialmen, should the same arise during the progress of the
work.
C. Notwithstanding anything to the contrary herein contained, each party hereby waives
all claims for recovery from the other party for any loss or damage to its property caused by fire or
other insured casualty. This waiver shall apply, however, only where the insurance covering the
loss or damage will not be prejudiced by reason of such waiver.
VI. INSURANCE:
A. The CONSULTANTS shall secure and maintain in effect at all times, at their
expense, insurance of the following kinds and limits to cover all locations of the CONSULTANTS'
operations in connection with work on the PROJECT:
1. Worker's Compensation and Employer's Liability covering employees
of the CONSULTANTS.
a. Worker's Compensation with statutory limits of liability.
b. Employer's Liability with a limit of liability of at least
$1,000,000.00.
2. Public Liability Insurance covering the CONSULTANTS' legal liability
for bodily injuries in limits of not less than $500,000.00 per person
and $1,000,000.00 per occurrence and for property damage of not
less than $100,000.00 per accident and $200,000.00 aggregate.
3. Automobile Liability Insurance for bodily injuries in limits of not less
than $500,000.00 per person and $1,000,000.00 per accident and for
property damages of not less than $200,000.00 per accident,
providing coverage for any accident arising out of or resulting from
the operation, maintenance or use by CONSULTANTS of any owned,
non-owned or hired automobiles, trailers or other equipment required
to be licensed.
Page 4 of 10 Berryman & Henigar
4. Professional Liability Insurance for all facets of CONSULTANTS'
operations and work, including errors, omission and negligent acts
covering this Agreement with minimum limits of $250,000.00 liability
per claim and $250,000.00 aggregate errors and omissions. The
CITY agrees to limit the CONSULTANT'S liability to the CITY, and to
all Subconsultants on the project, due to the CONSULTANT'S
negligent acts, errors or omissions, such that the total aggregate
liability of the CONSULTANT to all those named shall not exceed the
CONSULTANT'S total fee for services rendered on this project.
B. The CONSULTANTS shall furnish Certificates of Insurance, which clearly indicate
that the CONSULTANTS have obtained insurance in compliance with the above provisions, to the
Ocoee Finance Director with a copy to the Ocoee Risk Management Director.
VII. COMPLIANCE WITH GOVERNMENTAL REGULATIONS:
A. The CITY shall keep and perform all requirements of applicable
Federal, State and local laws, rules, regulations or ordinances. The
CITY represents that it has undertaken all acts necessary to authorize
the CITY to enter into this Agreement, that the individual executing
this Agreement has the actual authority to do so and that the CITY
maintains sufficient authorized funding -with which to provide all
payments due hereunder.
B. The CONSULTANTS shall keep, observe and perform requirements
of those Federal, State and Local laws, rules, regulations and
ordinances as are applicable to the services to be performed
hereunder by the CONSULTANTS as described in Paragraph I.E.
hereof. The CITY recognizes that the CONSULTANT is multi-
disciplinary
firm with departments and professional employees
providing services in many different areas. The CITY understands
and agrees that the CONSULTANTS have been retained to provide
only such services as are described in Paragraph I.E. hereof
notwithstanding the fact that other services and types of services are
offered or provided by the CONSULTANTS to other clients.
VIII. LIENS AND CLAIMS:
The CONSULTANTS shall promptly and properly pay for all labor employed, materials
purchased and equipment hired by them in connection with the work, shall keep the CITY'S
property free from any materialman's or mechanics' liens and claims or notices in respect thereto
arising by reason of the CONSULTANTS'work and shall discharge the same. In the event that the
CONSULTANTS do not pay or satisfy such claim or lien within ten (10) business days after the
filing of notice thereof, the CITY, in addition to any and all other remedies, may forthwith terminate
this Agreement, effective immediately.
•
Page 5 of 10 Berryman & Henigar
IX. LIMITATION OF LIABILITY:
In the event that the CITY requests or receives from the CONSULTANTS work product in a
computer generated form such as a floppy disk, the CITY shall not be entitled to rely on the work
product contained therein and the CONSULTANTS 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 are often not the CONSULTANTS' final work product.
Accordingly, the parties hereto agree that the documents for which the, CONSULTANTS shall be
responsible for the preparation and completion of shall be limited to documents constituting the
CONSULTANTS' finished work product. Any use by the CITY of computer generated or
comparable items such as floppy disks shall be at the CITY'S sole risk.
X. DEFAULT AND TERMINATION:
A. The occurrence of any of the following shall constitute an event of default by
CONSULTANTS:
1. The filing of a petition by or against or for adjudication as a bankrupt or
insolvent, or for reorganization, for the appointment of a receiver or trustee of
the property.
2. An assignment for the benefit of creditors.
3. The taking of possession of the property by any governmental officer or
agency pursuant to statutory authority for the dissolution or liquidation of the
business.
4. Inadequate progress by the CONSULTANTS as a direct result of the
CONSULTANTS' failure to perform.
5. The quality of work or services provided by the CONSULTANTS is
inconsistent with commonly accepted professional standards.
B. The non-payment of undisputed compensation due hereunder for the
CONSULTANTS' services shall constitute an event of default by the CITY.
C. In the event of default, the non-defaulting party shall send a certified letter to the
defaulting party requesting that the defaulting party show cause why the Agreement should not be
terminated. If adequate assurances are not given to the non-defaulting party within fifteen (15)
days of receipt of the notice, then the non-defaulting party may terminate this Agreement.
D. If the Agreement is terminated, the CONSULTANTS shall turn over to the CITY as
the CITY'S property, all materials, reports, maps, documents, plans, and other written documents
prepared or obtained by the CONSULTANTS incident to their work under this Agreement as well as
an electronic file in Microsoft Word format of such documents. Payment to the CONSULTANTS for
the portion of the work completed shall be in accordance with Paragraph III.A. of this Agreement.
Page 6 of 10 Berryman & Henigar
E. If it should become necessary for either of the parties to resort to legal action
because of a default by the other party, then the non-prevailing party in any litigation shall pay all
costs incurred by the non-defaulting party including but not limited to reasonable attorney's fees
incurred prior to litigation, during litigation or on appeal , if necessary, and any other expenses
incurred by the prevailing party.
F. Notwithstanding the foregoing, the CITY may terminate this Agreement without
cause upon thirty (30) days written notice.
Xl. WARRANTIES AND CONFLICT OF INTEREST:
The CONSULTANTS represent and warrant that they have every legal right to enter into
this Agreement and the CONSULTANTS will not be restricted in providing the performance
hereunder by any prior commitments. The CONSULTANTS hereby warrant that there is no conflict
of interest in CONSULTANTS' present employment, if any, with the activities to be performed
hereunder and that no obligations will be undertaken which are likely to result in a conflict of
interest. The CONSULTANTS shall advise the CITY if a conflict of interest arises in the future.
XII. SUCCESSORS:
This Agreement shall inure to the benefit of and be binding upon the heirs, executor,
administrators, successors and assigns of the parties hereto, except as expressly limited herein.
XIII. PERMITS AND LICENSES:
All permits and licenses required by any governmental agency shall be paid for by the CITY.
XIV. ASSIGNMENT:
This Agreement and the services hereunder are non-assignable by the CONSULTANTS
unless the CITY has given written consent. This Agreement and the obligations hereunder are not
assignable by the CITY unless the CONSULTANTS have given written consent to such
assignment. Any attempted assignment without such written consent shall be void.
XV. SCHEDULE
An estimated schedule for completion of the Scope of Services as described in Exhibit"A" is
attached to this Agreement as Exhibit "C." The CONSULTANTS shall make every effort to meet
the schedule. It is understood that this schedule may be amended from time-to-time because of
the uncertainty of various task completion occurrences that may arise. The CONSULTANTS will
describe these occurrences and propose an amended schedule in each progress report. The CITY
shall take issue with the proposed amended schedule in writing, within 5 working days of receipt of
the progress report or the proposed amended schedule will be deemed acceptable by the CITY.
XVI. INDEPENDENT CONTRACTOR:
In all matters relating to this Agreement, the CONSULTANTS shall be acting as an
independent contractor. Neither the CONSULTANTS nor employees of the CONSULTANTS, if
Page 7 of 10 Berryman & Henigar
any, are employees of the CITY under the meaning or application of any Federal or State
Unemployment or Insurance laws or Old Age laws, or otherwise. The CONSULTANTS agree to
assume all liabilities or obligations imposed by any one or more of such laws with respect to
employees of the CONSULTANTS, if any, in the performance of this Agreement. The
CONSULTANTS shall not have any authority to assume or create any obligation, express or
implied, on behalf of the CITY and the CONSULTANTS shall have no authority to represent as
agent, employee, or in any other capacity than as hereinbefore set forth.
XVII. HEADINGS:
The headings used in this Agreement are for'reference only and shall not be relied upon nor
used in the interpretation of same.
XVIII. INTERPRETATION:
A. If the CONSULTANTS be a partnership or corporation, all words in this Agreement
referring to the CONSULTANTS shall be read as though written in the plural or in the neuter
gender, as the case may be.
B. This Agreement and all of the terms and provisions shall be interpreted and
construed according to the law of the State of Florida. Should any clause, paragraph, or other part
of this Agreement be held or declared to be void or illegal, for any reason, by any Court having
competent jurisdiction, all other clauses, paragraphs or parts of this Agreement shall, nevertheless,
remain in full force and effect if the rights and obligations of the parties contain therein are not
prejudiced and the intentions of the parties can continue to be effected.
C. This Agreement between the parties shall be deemed to include this Agreement and
any Addendum or Scope of Services Change pertaining hereto. The CITY shall not be bound by
an Addendum or Scope of Services Change hereto unless it is signed by the authorized
representative of the CITY. The CONSULTANTS shall not be bound by any Addendum or Scope
of Services Change hereto unless it is signed by an officer of the CONSULTANTS.
XIX. LITIGATION:
It is understood that the flat fee set forth in Paragraph III.A. does not include compensation
to the CONSULTANTS for assisting the CITY in any litigation in which the CITY may be involved. If
the CITY desires assistance from the CONSULTANTS in litigation, the parties shall agree in writing
on the compensation.
XX. NOTICE:
Any notice provided by this Agreement to be served in writing upon either of the parties
shall be deemed sufficient when 1) hand delivered or 2) upon receipt when deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, to the following designated
representative at the address of the party above written or to such other addresses as the parties
hereto may designate in writing:
Page 8 of 10 Berryman & Henigar
CITY: Russell B. Wagner, Planning Director
CONSULTANTS: Fred Goodrow, Planning Manager
XXI. TERM:
It is hereby agreed that this Agreement is for a term commencing on the Effective Date and
ending upon delivery of the final adopted document, copies, and electronic file in accordance with
the Scope of Services, unless terminated pursuant to Part X. or amended by the parties in writing.
XXII. ENTIRE UNDERSTANDING:
This Agreement contains the entire understanding between the parties and no modification
or alteration of this Agreement shall be binding unless endorsed in writing by the parties hereto.
XXIII. EFFECTIVE DATE:
The Effective Date of this Agreement shall be the date on which it has been executed by all
parties. The Effective Date shall be inserted in the blanks provided at the top of Page 1 of this
Agreement. •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized representatives on the dates set forth below.
ATTEST: BERRYMAN & HENIGAR, INC. (Consultants)
By:
Fred Goodrow, Principal Chuck Pigeon, P.E.
Title: Sr. Vice President
Date Executed:
Page 9 of 10 Berryman & Henigar
11/11/98 WED 16:35 FAX 1 904 368 5063 BERRYMAN & BENIGAR U001
Director �" I
Russell B.Wagner,r Planning 0V 1 1 r r 3 . . i
CONSULTANTS: Fred Godrow,Planning Manager
CITY OF OCOEE,
XXI.
Agreement is for a term commencing on the Effective Date and
It Is hereby agreed that this A8� ronlc file in accordance
ending upon delivery of the final adopted document, copies, in writing.
i
the Scope of Services,unless terminatedPorn to Part Xl.or amended by the parties
XX I. IR U r T
understanding between the parties and no modification
This AgreementfthisAgreementcontainsl��entire unless endorsed in writing by the parties hereto.
or alteration of this
XXIII. FLUOR-UM:
t shall be the date on which It has been executed by all
Thee Effective Date shall beAinserted to the blanks provided at the top of Page 1 of this
parties. Th
Agr$ement
IN WITNESS WHEREOF, thepartieshereto have executed this Agreement by their duly
authorized representatives on the dates set forth below.
BERRYMAN&HENI I % (Consultants)
ATTEST: `
,,c.w.,./411111,71"Mw -
F d Goodrow,Principal Chuck Pigeon,P.
Title: Sr.Vice President
Date Executed:
i•dj
\
e titlya &Ow
No" arAC)
��°��: Page 9off1A Berryman &Henigar
e• ia r st.tad.t E Vd t+Bb9'O I MgNOHd1 ONV Aa'IOA:WOa3 98,9I 86-I t-AON
ATTEST: CITY OF OCOEE, FLORIDA (City)
By:
Jean Grafton, City Clerk S. Scott Vandergrift
Title: Mayor
Date Executed:
For use and reliance only by the City of Ocoee, Approved by the Ocoee City Commission at a'
Florida. Approved as to form and legality this meeting held on , 199_
day of , 199_. under Agenda Item No.
Foley & Lardner
By:
City Attorney
Page 10 of 10 Berryman & Henigar
EXHIBIT A
Scope of Services
A IDENTIFICATION OF ISSUES
1. Kickoff Meeting- The first step in the project is to hold a kickoff meeting for
purposes of establishing common understanding of task assignments, schedules,
and communication issues. At this time, issue identification will also begin, through
collection of documents from the City. The City will furnish a copy of the existing
Land Development Code in Wordperfect 5.1 electronic file format. The City will
furnish copies of all other existing codes, plans, and ordinances required to be
evaluated for incorporation in the unified land development code in electronic file
format, if available.
2. LDC Technical Staff Committee Workshop- A committee of Ocoee staff will be
formed. This committee will represent various departments and City agencies that
are stakeholders in the Land Development Code. The first meeting will be fairly open
ended to discuss concerns and issues as well as establish common understanding
of the process.
3. Staff Interviews- Individual interviews of key staff in the land development
approval processes will be carried out. Again the objective is to establish concerns
and issues and potential recommendations. These interviews should include front
desk people and anyone that is in the development review process.
4. Develop Matrix of Issues- An index of issues (standards, guidelines,
procedures, etc.) in a matrix format will establish a cross reference of issues. It will
identify the locations of issues in plans, ordinances and regulations. This will allow
us to highlight gaps in coverage, duplication and inconsistencies in treatment of
issues.
5. PZC (Planning and Zoning Commission)- A single workshop to explore
concerns and issues of the PZC will be held. This will be open ended but a basis for
discussion will be provided from item 4 above.
6. City Commission Workshop- This also will be an exploratory workshop and open
ended. A basis for discussion will be provided from the input from item 4 above.
7. Preliminary Outline of Unified LDC- A preliminary outline of the unified LDC will
be prepared. During preparation of this outline one meeting with the Planning Staff
will take place to review the focus and direction of the LDC outline. This outline will
most likely be altered as future discussions on the make-up and inclusion of issues
take place. However, it provides an understanding of how the code will be structured
and a beginning point for numbering articles and sections of the draft codes.
Changes will be made based on item 8 below.
8. Technical Committee Workshop- The Preliminary Outline will be reviewed by the
Page Al of 4
staff technical committee at one workshop meeting. This meeting will be preceded
by approximately one week with a meeting of the planning staff.
9. Technical Stakeholders Forum (TSF)- An Outside Technical Stakeholders
committee will be formed to infuse information, concerns, and analysis from people
who are users of the LDC. The first meeting will be to be allow those people to
provide input about the problems, and things that work with the existing LDC. We will
review the issues matrix with this group. The city staff will be responsible for
coordinating the membership and communications with this committee.
B. DEVELOP SOLUTIONS TO ISSUES
1. Prepare Issues Papers with Alternative Strategies- Based on the matrix, the
workshops and discussions with staff the consultant will prepare an issues paper
which includes alternative strategies and recommended strategies to address the
issues. This paper will be based on the major issues that come out of a planning
staff meeting to determine which issues are important to fully analyze and discuss.
At a minimum the following issues should be addressed:
• Evaluate the various application review procedures in the Code and provide
recommendations for clarifying and simplifying them.
• Evaluate the needed to expand the chart which describes allowable uses in the
various zoning districts and re-evaluate the instances when a Special Exception
would be needed to allow certain uses in the various zoning districts.
• Evaluate the design standards in the Code related to road improvements,
stormwater management, tree preservation and landscaping requirements to
simplify and clarify them.
• Evaluate the existing Code requirements relating to preservation of natural
resources and provide recommendations for clarifying and simplifying them.
• Evaluate the existing Code requirements relating to concurrency and provide
recommendations for clarifying and simplifying them.
• Evaluate the proposed design standards currently being done for the Activity
Center around the Health Central hospital complex and consider similar
standards for all the Activity Centers within the City.
• Evaluate existing signage regulations in the Code and provide recommendations
for modifications.
• Evaluate the existing Code for provisions which apply to density and intensity
requirements and the potential for transfer of development rights and provide
recommendations for addressing these areas.
• Evaluate the existing Code and provide recommendations for modifications to
address the potential for multiple story office or commercial development within
certain areas of the City. This relates to floor area ratio issues which are also
addressed in the City's Comprehensive Plan.
• Evaluate proposed Land Development Code amendments for consistency with
the City Comprehensive Plan and Standard Engineering Practices.
• Identify possible Comprehensive Plan amendments necessary to implement the
proposed Land Development Code amendments.
Page A2 of 4 Berryman & Henigar
006.115319.3
2. Planning Staff- The first draft of the issues paper will be reviewed by the planning
staff and the Technical Committee.
3. Technical Committee- Recommended changes to the issues document will be
prepared for presentation at the PZC Workshop.
4. PZC Workshop- The issues will be discussed including the recommendation of
City Staff.
5. City Commission Workshop- The issues will be discussed including the
recommendations of City staff and if necessary the PZC.
6. Planning Staff- A concluding meeting of the planning staff will be held to make any
adjustments to the final alternative strategies to be used to address the various
issues.
C. PREPARE DRAFT OF LDC- A first draft of the LDC will be prepared. Preparation
of this draft will proceed over approximately three months. During that time
individual sections of the LDC will be transmitted periodically over the three month
period. A schedule of deliverables will be determined prior to beginning this service.
A planning staff meeting will be held approximately half way through this process
(see C.1 below) as will a Technical Committee meeting.
1. Planning Staff Workshops- Discussion of review by the planning staff of first set
of draft sections of the LDC. It is expected that the planning staff will have reviewed
the drafts and have their comments and recommendations well formulated. This
review meeting will follow written comments of each Article or Section that will have
been returned to the consultant on a regularly scheduled basis according to the
schedule set in C above. In the same format a final Planning Staff meeting will be
held to discuss the second half of consultant products delivered.
2. Technical Staff Committee- Similarly a meeting of the technical committee will be
held at approximately the half way point of LDC draft preparation and at the end of
the process. Prior to these meetings the appropriate staff in accordance with the
schedule will have sent written responses to those articles previously submitted for
review to the consultant.
3. Technical Stakeholders Forum (TSF)- A final meeting of the Technical
Stakeholders will be held at the conclusion of the draft LDC to discuss those
concerns and issues brought up at the first TSF meeting and explain how they have
been addressed.
D. PREPARE SECOND DRAFT OF LDC- After a review and direction meeting with
the planning staff the Consultant will prepare the second draft of the LDC.
1. Technical Committee- A meeting to hear comments and concerns following
preparation of second draft.
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006.115319.3
2. Joint PZC and City Commission- This meeting is to allow the Consultant and staff
to present and review the second draft for review and comments. The assumption is
that the staff will have addressed the major issues to the extent that only minor
changes will be required.
3. Planning Staff- The planning staff will provide the Consultant with the
recommended changes, deletions and additions to the second draft so that a Public
Hearing draft can be prepared.
E. PUBLIC HEARING DRAFT- A public hearing draft incorporating the minor changes
required by the sub-tasks in D above will be prepared. The schedule for this process
will be prepared considering appropriate meeting dates, advertising requirements
and review time necessary between hearings.
1. Planning and Zoning Commission Public Hearing will be held at an agreed upon
time, place and date. Prepare Staff Report to PZC. Provide 30 soft cover copies of
LDC draft.
2. Planning staff direction on changes.
3. 1st City Commission Public Hearing. Prepare Staff Report to the City
Commission, including a summary of the changes recommended by the PZC.
4. 2nd City Commission Public Hearing. Prepare Staff Report to the City
Commission including a summary of the discussion at the first City Commission
Public Hearing.
5. Planning staff direction to consultant.
6. Prepare Final Document and deliver 50 hard bound copies and one electronic file
in Microsoft Word format.
F. MONTHLY PROGRESS REPORTS- The Consultant will prepare for inclusion with each
invoice a progress report outlining accomplishments, remaining work and schedule shifts by
Task. The Consultant will provide a progress report not less than monthly, regardless of the
timing of invoices.
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006.115319.3
EXHIBIT 8
KEY PERSONNEL
Individual Hourly Rate
Gail Easley $95/hour
Fred Goodrow $85/hour
Attorney $125/hour
Berryman & Henigar
ESTIMATED SCHEDULE OF SCOPE OF SERVICES EXHIBIT C
TASKS .TASK DESCRIPTION MONTHS—, 1 2 3 4 5 6 7 8 9 10
Identification of Issues and Outline
A Development
1.Project off KEY
. .
..
2.Technicalal Committee ♦ A=Planning Staff Meeting
3.Staff Interviews ♦=LDC Technical Committee
. 4.Develop Issues Matrix = • =Planning&Zoning Committee
5. Issues Workshop • _* =City Commission
6. Issues Workshop * •=Technical Forum Group .
7.Preliminary Code Outline — A •+=Unknown-depends on advertising cycles&available data
8.Technical Committee ♦ ■=Consultant activities
9.Technical(stakeholders)Forum • ❑=Staff Activities f
B Develop Solutions to Issues
1. Prepare Issues Paper with Alternatives A IIIIII -
2. Review with kartStaff 1111.1a11.111]A
3.Technical Committee V _
4. Issues Workshop •
5. Issues Workshop *
6.Plan Staff A
C Prepare Draft of LDC
1.Review by Plan Staff ♦ A
2.Technical Meeting
3.Technical Stakeholders Forum _ •
D Prepare Second Draft of LDC A
1.Technical Committee
2.Joint PZC and City Commission - *
3. Planning Staff A •
E Prepare Public Hearing Draft IIIIIMI
1.Public Hearing PZC • 'y
2.Planning Staff A .6
3.Minor Changes `►
4. 1st City Commission Public Hearing * ',
5.2nd Public Hearing * "P
6. Planning Staff • A .►
7. Prepare Final Document -• • ",
F Monthly Progress Reports(p) P P P P P P P P P P