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HomeMy WebLinkAboutV(J) Approval and Authorization for Professional Services Agreement for Community Redevelopment Services with Herbert Halback, Inc. City Manager Jim Gleason Agenda 02-17-2004 Item V J Commissioners Danny Howell, District 1 Scott Anderson. District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Mayor S. Scott Vandergrilt STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Janet Shira, Assistant to the City Manager DATE: February 10, 2004 RE: Professional Services Agreement for Community Redevelopment Services ISSUE Should the City Commission approve the Professional Services Agreement for Community Redevelopment Services with Herbert Halback, Inc.? BACKGROUNDIDISCUSSION Staff, along with Commissioner Johnson, recently chose Herbert Halback, Inc. (lllII) as the top ranked firm in the CRA consultant selection process. mn has now presented the City with a contract for the work. The staff and City Attorney have reviewed the contract and it is attached for your review. For budgeting purposes, the City estimated this project to cost $80,000 so there are adequate funds available in the current budget. RECOMMENDATION Staff respectfully recommends that the City Commission approve the Professional Services Agreement for Community Redevelopment Services with Herbert Halback, Inc. cc: Wanda Horton, Acting City Manager Paul Rosenthal, City Attorney Bob Zaitooni, Deputy Public Works Director Russ Wagner, Community Development Director Donald Carter, Finance Manager Ed Bishop, Accountant PROFESSIONAL SERVICES AGREEMENT CITY OF OCOEE COMMUNITY REDEVELOPMENT SERVICES February 9, 2004 THIS AGREEMENT, entered into this day of- , 2004, by and between the City of Ocoee, hereinafter referred to as the City whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 and HerbertoHalback, Inc., planners, landscape architects and graphic designers, hereinafter referred to as the "HHI", whose address is 423 South Keller Road, Suite 300, Orlando, Florida 32810-6132. ARTICLE I. DESCRIPTION OF PROJECT The City of Ocoee, which is one of the fastest growing communities in the Orlando Metro Area, seeks to establish a community redevelopment area centering on the SR 50 corridor. The area to be evaluated to determine if blight factors exist consists of approximate 1142.24 acres. The redevelopment study area western boundary commences at Story Road south along the Florida Turnpike to the City's limits, then north to Old Winter Garden Road, then east along Old Winter Garden Road, then north following City boundaries to Clarke Road and meandering west to Story Road. A sketch of the proposed community redevelopment area is attached as Appendix A to this agreement. The City of Ocoee does hereby employ HHI and our specialty consultants, Real Estate Research Corporation, Inc. (RERC) and The Cardwell Law Firm, to render professional services for the proposed Ocoee Community Redevelopment Area. These services include the preparation of the Finding of Necessity Report, coordination with Orange County for the delegation of redevelopment powers, preparation of a community redevelopment plan in addition to the organizational, legal and administrative assistance with the required notices, resolutions, ordinances and public hearings in creating the community redevelopment area, establishing the community redevelopment agency and redevelopment trust fund. In addition the City may also request HHI to provide and or coordinate certain services in the implementation of the redevelopment plan. ARTICLE II. SCOPE OF SERVICES The following identifies the tasks to be completed by the HHI team to conduct a blight study and produce a Community Redevelopment Plan. TASK 1.0 - FINDING OF NECESSITY 1.1 Administrative Kick-off All members of the HHI team shall attend one (1) meeting with the City's project manager and others as determined by the City. The purpose of this meeting is to set project administrative procedures, work schedules, future meeting dates, assign responsibilities and constraints for data collection, discuss and outline the public participation program, review the overall study area and establish project goals and objectives. 1.2 Physical Environment Inventory City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 2 of 13 The intent of this step is to develop an understanding of the opportunities and constraints of the study area. All findings shall be based on information provided by City staff and through windshield surveys. HHI will collect data, prepare appropriate maps and documentation and assess the physical environment for blight factors. 1.2.1 Natural Environment HHI shall map natural conditions such as tree canopy, open green space, water bodies and drainage. The maps shall be prepared based on aerials and GIS information provided by the City or others. Information will be verified through a windshield survey. 1.2.2 Existing Land Use Existing land use in the study area will be mapped by HHI. Spot-checking of data will be conducted, as may be appropriate, by windshield survey. 1.2.3 Utility Systems Based on readily available utility information, major existing lines (water and sewer) in the study area will be identified. Deficiencies that may hinder development will be documented. 1.2.4 Existing Buildings/Structures Conditions Existing buildings/structures conditions within the study area will be evaluated using a windshield survey format. Building condition data will be used by HHI to classify each structure within one of four categories: good condition, minor deterioration, major deterioration and dilapidated. 1.2.5 Property Ownership/Assembly The purpose of this analysis will be to determine lot configuration or subdivision deficiencies that may cause blight in the community. An ownership inventory of the study area will be completed by HHI from property appraiser data (tax maps) and lot size data collected from a representative sample of residential and non-residential lots. 1.2.6 Property Values, Lease and Vacancy Rates The purpose of this task is to understand the relative property market values and is not intended to provide a property-by-property appraisal of values. The City will be responsible for acquiring five (5) years of property appraiser data in a form acceptable to RERC. RERC will also evaluate lease and vacancy rates within the study area. 1.2.7 Transportation Systems HHI shall document the existing street patterns, public transportation systems, right-of-way conditions, bridges and parking within the study area. Existing systems operational characteristics, as measured by volume/capacity ratios and service levels of intersections, City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 3 of 13 where known, will be identified. In addition, plans for improvements to existing systems will be identified and documented as appropriate. 1.2.8 Crime and EMS Analysis The purpose of this task is to determine the degree or extent that crime within the study area causes, or may cause, toward unsafe or blighted conditions. In addition, emergency medical and fire services will be reviewed by HHI to determine if the redevelopment study area requires a proportionately higher level of service than other areas within the City. 1.3 Recent Development/Disinvestments Activity RERC will investigate recent development, disinvestments (relocation of uses and abandonment), demolitions and rehabilitation activity in the study area. This task is intended to depict the overall general trends within a five year time frame regarding revitalization and/or decline and real estate dynamics. 1.4 Tax Increment Financing Forecasts (TIF) RERC shall provide TIF forecasts to provide the City with an estimate of potential revenue for the proposed community redevelopment area. 1.5 Regulatory Existing zoning districts will be mapped and regulations will be analyzed by HHI and RERC to determine their effects on future development within the study area. Any other development regulations pertaining to the development or redevelopment within the study area will be documented. Furthermore, the City's adopted Comprehensive Plan will be reviewed and applicable redevelopment goals, objectives and policies documented. 1.6 Criteria for Determining Blight HHI will prepare a summary of the criteria contained in F/orida Statues, Chapter 163, Part 11/. This summary will also be incorporated into the Finding of Necessity Report. 1.7 Conclusions HHI will summarize the findings obtained from the above sub-tasks and provide an expert opinion of the existence of conditions of blight within the study area. RERC and The Cardwell Firm shall review the conclusions prior to submission to the City at a staff meeting. 1.8 Draft Report Following incorporation of RERC's work and after full internal review by The Cardwell Law Firm, HHI will provide the City with the 10 copies of the draft Finding of Necessity Report for review and comment. City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 4 of 13 1.9 Staff Meeting The HHI team will present the findings to City staff, discuss necessary modifications and draw consensus on the date and manner in which the Finding of Necessity Report will be presented to the City Commission. 1.10 Meetings With the City Commission Based on direction from the City, HHI team members will meet with individual City Commissioners to discuss the Finding of Necessity Report, planning process and redevelopment objectives. 1.11 Final Report Following a team review and meetings with the City Commission, HHI will prepare a final Finding of Necessity Report. HHI will provide the City with 20 copies of the final report in addition to an electronic file of all information contained in the final report. 1.12 Legal Description Based on the outcome of the Finding of Necessity Report, HHI will direct a licensed surveyor to prepare a legal description of the Ocoee Community Redevelopment Area. 1.13 Delegation of Redevelopment Powers Under the direction of The Cardwell Law Firm, the HHI team will assist the City in holding discussions with Orange County with the intent of acquiring the County's delegation of redevelopment powers. 1.14 Organizational Structure Under the direction of The Cardwell Law Firm, the project team will work with the City's legal counsel in making recommendations regarding the organizational structure for the proposed Community Redevelopment Agency. 1.15 Finding Resolution and Notices If the Finding of Necessity Report identifies blighted conditions, The Cardwell Law Firm will work with the City's legal counsel to prepare the necessary resolutions, notices and ordinances. 1.16 City Commission Presentation The HHI team will present the Finding of Necessity Report to the City Commission as well as the recommendations contained in Task 1.7 above. City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 5 of 13 Task 2.0 - Community Redevelopment Plan If the redevelopment study area is determined to be blighted and the City establishes a redevelopment agency and area, the project team shall prepare a Community Redevelopment Plan that identifies the opportunities, projects and programs that may assist the City in redeveloping the community redevelopment area. Furthermore, the Community Redevelopment Plan shall contain statements regarding neighborhood impacts and other criteria as required by the Florida Community Redevelopment Act. 2.1 Stakeholder Interviews Representatives from the HHI team shall conduct interviews with key community leaders and business owners within the community redevelopment area to gather input on potential redevelopment opportunities. For budgeting purposes it is assumed that no more than eight (8) meetings shall be held within a one-day period. 2.2 Opportunities and Constraints Framework Physical opportunities and constraints will be presented on a framework graphic. 2.3 Redevelopment/Revitalization Concepts Redevelopment opportunities will be proposed to address such physical elements as the environment, housing, traffic, parking and urban design. Furthermore, programs that address security, economic conditions and community issues will be identified. 2.4 Staff Workshop The HHI team will present the opportunities and constraints framework and the proposed redevelopment concepts to the City's project team fore review and discussion. 2.5 Development/Improvement Plan Based on the workshop referenced in the Task 2.4, the project team will develop and document in text and graphic forms a prioritization of projects and programs to be implemented within the community redevelopment area. An administrative and capital improvement work program for a five-year period will be prepared. 2.6 Funding Strategies The HHI project will identify funding sources and financing strategies to implement the recommended work program. Public and private initiatives and strategies will be identified and discussed. City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 6 of 13 2.7 Neighborhood Impacts Impacts of the proposed redevelopment plan on neighborhoods will be identified and addressed as required by Florida Statutes, Chapter 163, Part III. 2.8 Implementation Program HHI will incorporate redevelopment policies and procedures which address: plan adoption, the redevelopment trust fund, redevelopment powers, relocation, project close-out, plan modifications and duration of the plan. 2.9 Draft Community Redevelopment Report The HHI team shall produce ten (10) copies of a draft Community Redevelopment Plan for the City's project team to review. 2.10 Staff Workshop The HHI team will meet with the City's project team to discuss the draft Community Redevelopment Plan. 2.11 Final Community Redevelopment Plan Based on the comments received from the City, HHI shall revise the document and provide the City with the twenty (20) copies of the Final Community Redevelopment Plan. 2.12 Local Planning Agency The HHI team will be responsible for conducting one (1) presentation of the Community Redevelopment Plan to the City's designated local planning agency to obtain their input at an appropriate point in the process. 2.13 Notices, Resolutions and Ordinance Preparation The Cardwell Law Firm will assist the City in the scheduling and production of notices, resolution and ordinance for the approval of the redevelopment plan and establishment of the redevelopment trust fund. 2.14 Community Redevelopment Agency and City Commission Presentation The HHI team shall conduct one (1) presentation of the Community Redevelopment Plan at a scheduled public hearing held by the Community Redevelopment Agency and the City Commission. City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 7 of 13 Task 3.0 Future Phases The project team will, upon request, provide services to assist the City in implementing the Community Redevelopment Plan, including the preparation of development standards. Other such services may include but are not limited to urban design, streetscape design, preparation of design guidelines, master plans, graphic design services, newsletters, website development and other elements as specified by the adopted community redevelopment plan. ARTICLE III. SCHEDULE The following identifies a schedule to complete the redevelopment process. I. Finding of Necessity 4 Months from NTP* Administrative Kick-off Physical Inventory Recent Investment Regulatory Review Criteria for Determining Blight Conclusions Draft Report Final Report Orange County Delegation of Redevelopment Powers Organizational Structure Notices Resolution City Commission Presentation II. Community Redevelopment Plan 7 Months from Resolution Creating CRA Stakeholder Interviews Opportunities and Constraints Redevelopment Concepts Development/I mplementation Plan Funding Strategies Neighborhood Impacts Implementation Program Draft Redevelopment Plan Local Planning Agency Presentation Final Redevelopment Plan Notices, Resolution and Trust Fund Ordinance CRNCommission Presentation ARTICLE IV. FEES AND PAYMENT 1. The City agrees to pay HHI as compensation for services, the not to exceed amount as demonstrated below: Task 1.0 - Finding of Necessity $36,250.00 City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 8 of 13 HHI RERC The Cardwell Law Firm Southeastern Surveying $18,800.00 $12,000.00 $5,000.00* $450.00 Task 2.0 - Community Redevelopment Plan HHI RERC The Cardwell Law Firm $33,500.00 $23,500.00 $8,000.00 $2,000.00 Total Not To Exceed Fee $69,750.00 * The Cardwell Law Firm has estimated 25 hours to complete the Finding that includes negotiations with Orange County; however, it is difficult to predict the level of effort required when working with the County, therefore, this fee is an estimate, additional hours may be needed. If additional hours are needed the City will be informed and based on direction from the City, The Cardwell Law Firm will bill hourly for all work in excess of the estimated amount. 2. Fees for tasks assigned under Task 3.0 shall be provided upon request by the City. 3. The Consultant shall make monthly billings not to exceed the amounts listed for each phase, and the Consultant shall be paid within thirty (30) days of receipt of a detailed invoice. 4. The Consultant or the City shall be allowed to renegotiate this Agreement upon substantial change in the project budget or scope of services. V. REIMBURSABLE EXPENSES Expenses are included in the not-to-exceed amount provided in Section IV Fees and Payment. The Consultant shall be reimbursed for long distance telephone, automobile travel at $.31/mile, and other approved travel expenses. The Consultant shall be reimbursed for all reproduction/blueprints and camera-ready art work. VI. ADDITIONAL SERVICES The Consultant shall, upon approval, perform any additional services (other than outlined in Article II) at the hourly rates listed below. Additional services shall be in addition to the fees stated above. HHI Principal Senior Associate $135.00/hour $95.00/hour City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 9 of 13 Associate Senior Planner/Designer Planner/Desig ner/Construction Technician/CAD Operator Staff $75.00/hour $65.00/hour $45.00/hour $35.00/hour $35.00/hour RERC Principal Project Manager Senior Consultant Associate Consultant Research Consultant Clerical/Support Staff Testimony $225.00/hour $175.00/hour $165.00/hour $125.00/hour $100.00/hour $55.00/hour $275.00/hour THE CARDWELL LAW FIRM Principal $200.00/hour The Consultant or the City shall be allowed to renegotiate this Agreement upon substantial change in the scope of services. If payment is made beyond thirty (30) days of receipt of a detailed invoice, a monthly charge of one and one-half percent (1.5%) per month will be included. In addition, the City agrees to pay any costs of collection should they be necessary, including reasonable attorney's fees. ARTICLE VII. ABANDONMENT OF IMPROVEMENT If the City finds it necessary to abandon the project, the Consultant shall be compensated for all work completed under Scope of Services according to the schedule of payments. Scheduled items not completed but upon which work has been performed shall be paid for upon the basis of estimated extent of completion. ARTICLE VIII. OTHER PARTIES It is mutually agreed that this Agreement is not transferable by either signatory to a third party without the consent of the other principal party. ARTICLE IX. TERMINATION This Agreement shall be terminated at any time by the City upon giving thirty (30) days written notice. In the case of the City terminating the consultant, the consultant shall within ten (10) days, or any extensions as approved by the City, deliver to the City all reports, drawings, plans, specifications, and other data and documents that have been obtained or prepared by the City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 10 of 13 consultant in performing the services under this contract regardless of whether the work on such documents has been completed or is in progress. City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 11 of 13 ARTICLE X. - INDEMNITY If any claims are made against the City, including its agents and/or employees, or if the City is sued or held liable in any manner whatsoever as a result of, or by reason of, negligent actions or omissions, breach of contract or negligent violations of any applicable law, rule, or regulation by the consultant in connection with the rendering of services to the City under this contract, then the consultant will indemnify and save the City and its agents and/or employees harmless from an against any and all liability for damages, compensations, suits, judgments, loss, costs, charges, and expenses whatsoever, including reasonable attorney's fees, expert witness' fees, and court costs, which they shall or may at any time sustain, resulting from any such negligent act, error or omission. To the extent that the City, agents, employees or other consultants hired by the City are determined to be at fault as a contributing cause in whole or in part of such loss, the consultant's obligations to indemnify under this section shall be reduced by the percentage of the contributing fault attributable to the City or the other consultants. ARTICLE XI. - INSURANCE The consultant must obtain or possess and continuously maintain the insurance as required in the bid documents for this project. Attached hereto is insurance certificate required with the City listed as additional insured. ARTICLE XII. - OWNERSHIP OF DOCUMENTS It is understood and agreed that all documents, including the detailed reports, plans, original drawings, survey field notebooks, and all other data other than working papers, prepared or obtained by the consultant in connection with its services hereunder, are the property of the City of Ocoee and shall be delivered to the City upon final payment to the consultant. In addition, all computer files used to prepare the documents shall be delivered to the City on an acceptable media to the City upon final payment to the consultant. The consultant may retain reproducible copies of all documents for its files. All documents, including drawings prepared by the consultant pursuant to this contract, are instruments of service in respect to the services described herein. They are not intended or represented to be suitable for reuse by the City or others on extensions of the services performed under this contract or on any other project. Any reuse without written verification or adoption by the consultant for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to the consultant and the City shall, to the extent permitted by law, indemnify and hold harmless the consultant from all claims, damages, losses, and expenses including attorney's and expert witness fees arising out of or resulting there from. Any such verification or adoption by the consultant will entitle the consultant to further compensation at rates to be agreed upon by the City and the consultant. Any documents given to or prepared or assembled by the consultant and its subcontractors under this contract shall be kept solely as property of the City and shall not be made available to any individuals or organizations without the prior written approval of the City except to the extent copies may be made pursuant to the Public Records Act. The consultant may maintain copies of all work performed under this Contract for the City. City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 12 of 13 ARTICLE XIII - ASSIGNABILITY The consultant shall not sublet, assign, or transfer any interest in this contract, except for claims for the money due or to become due, which may be assigned to a bank, trust company, or other financial institution without City approval. Notice of such assignment or transfer shall be furnished promptly to the City. ARTICLE XI. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: CITY OF OCOEE, FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,200_, APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 200_ UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney City of Ocoee Community Redevelopment Scope of Services February 9, 2004 Page 13 of 13 Witness: Signature Date HERBERT-HALBACK, INC. (HHI) Signature Title Date