Exh 8AAGENDA ITEM 8A
MARCH 25, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Professional Services Agreement with the Consulting, Planning and
Engineering firm of Ivey, Harris & Walls, Inc. to perform revisions
to the Comprehensive Plan Evaluation and Appraisal Report (EAR)
as required by the Department of Community Affairs.
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director $r3c~J
DATE: March 18, 2002
BACKGROUND: In April of 2001, the Community Development Board recommended the
fine of Ivey, Hams & Walls, Inc. to make certain required revisions to the City's Evaluation
and Appraisal Report (EAR). The City adopted its first EAR in September of 1997, and upon
review by the Department of Community Affairs (DCA), the report was found to be
insufficient in that it did not address all required EAR issues.
The EAR is required by the State's Growth Management laws, as set forth within F. S.,
Chapter 163, and the schedule for preparation of a jurisdiction's EAR is established by DCA.
(The next EAR schedule will require the City of Atlantic Beach to adopt an EAR by October
Ol, 2008.) The objective of this process is to evaluate the success orfailure of the local
Comprehensive Plan and identify needed amendments to the Plan. Accordingly, this process
must be completed so that the City can proceed with needed amendments to the
Comprehensive Plan.
Irr June of 1999, the City was awarded a $10,000 Technical Assistance Grant to be used to
address needed revisions. These funds were budgeted in the previous budget year for the
purpose of hiring a consultant to assist with this effort; however, the funds did not get carried
over to the current budget year. Attached is a proposed Scope of Work, which identifies issues
to be addressed in the revised EAR. Staff is continuing to finalize terms of the work agreement
with Ivey, Hams & Walls, but requests approval to execute the agreement so that work on this
project can proceed immediately.
BUDGET RECOMMENDATION: Provide $10,000 fimding for the EAR revision along
with mid-year budget adjustments.
RECOMMENDATION: Motion to authorize City Manager to negotiate and execute a
Professional Services Agreement with Ivey, Hams & Walls, Inc. in the amount of $10,000.00
to make required revisions to the City's Evaluation and Appraisal Report (EAR) as adopted by
Resolution 97-34.
ATTACHMENTS: Scope of Work and Consultant's proposed Professional Services
Agreement.
REVIEWED BY CITY MANPtF~ .
AGENDA ITEM 8A
MARCH 25, 2002
DEPARTMENT
AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
IAW(ON CHILES JAMES F. MURLEY
Governor Secretary
November 19, 1998
Mr. George Worley
Community Development Director
City of Atlantic Beach
300 Seminole Road
Atlantic Beach, Florida 32233-5445
Deaz Mr. Worley:
The Department has completed its 90-day final review of the City of Atlantic
Beach's Evaluation and Appraisal Report (EAR) adopted on September 22, 1998 by
Resolution 97-34. The Department has determined the adopted EAR to be insufficient
because it does not adequately address the requirements of Rule 9J-5.0053, F.A.C., and
Chapter 163.3191, Part II, F.S. The issues identified in the preliminary 60-day finding letter,
dated October 20, 1998, require the City's attention.
If you have any questions, please do not hesitate to call Susan Poplin, AICP, Planner
IV at (850) 487-4545.
Sincerely,
J. Thomas Beck, Chief
Bureau of Local Planning
JTB/sp
cc: Mr. Brian Teeple, Northeast Florida Regional Planning Council
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.846.6 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.state.fl.us/comaff/dca. html
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AGENDA ITEM 8A
MARCH 25, 2002
IVEY, HARRIS &.WALLS, INC.
Planning, Engineering, Landscape Architecture & Environmental Services
7899 Baymeadows Way, Suite 5
Jacksonville, Florida 32256
PROFESSIONAL. SERVICES AGREEMENT
This AGREEMENT, made and entered into this_ day of _,.2002_, by and between IVEY,
HARRIS & WALLS, INC. (IH&W) and the CLIENT, the City of Atlantic Beach, is for the
Professional Services described under Item 2 of this AGREEMENT.
CLIENT:
ADDRESS:
PROJECT TITLE:
PROJECT NUMBER:
1. Location and Description of Project: City of Atlantic Beach
2. Description and type of Professional Services, to be provided byiH&W:
See attached "Scope of Services."
3. The compensation to be paid IH&W for providing the Professional Services shall
be:
Time Charge plus identifiable .direct expenses. (See attached. Schedule of
Hourly Rates).
Time Charge plus identifiable direct expenses with an upset limit of $ , noY
to be exceeded without prior approval by the CLIENT. (See attached Schedule
of Hourly Rates).
A lump-sum charge of $ ,plus identifiable direct expenses:
A lump-sum. charge of $
IHYVAGREEME.OO[
AGENDA ITEM SA
MARCH 25, 2002
4. GENERAL CONDITIONS.
a. PAYMENT OF INVOICES -The CLIENT shall be invoiced on a monthly basis for
work performed during the preceding month. Payment is due fifteen (15) days after
receipt of invoice. If the CLIENT fails to make any payment due IH&W for services
and expenses within thirty (30) days of the invoice date, the amount(s) due shall
include a charge at the rate of one and one-half percent (1.5%) per month from the
said thirtieth day. If IH&W employs. legal services to collect overdue amounts, the
CLIENT agrees to pay all costs for collection, including reasonable attorney's fees,
whether action be brought or not. The CLIENT acknowledges that the Professional
Services agreed to and/or the resulting improvements shat( constitute a lien against
the property and, in the event improvements are dedicated ,to public use or
otherwise alienated by the CLIENT, then IH&W is entitled to a lien on all property
abutting said improvements: If any invoice remains unpaid for 90 days or longer,
IH&W reserves the right to discontinue any or all work on the subject property.
b. NOTICE TO OWNER -If the CLIENT is not the fee Owner of the property, IH&W
has the right to provide Notice to Owner, stating that IH&W's services constitute a
lien on the property if invoices for IH&W's work are not paid by the CLIENT.
c. FEE SCHEDULE - If this contract is not executed by IH&W and the CLIENT within
120 days of the date noted on page one, the fees quoted in this contract are subject
to renegotiation. In addition, should the work described under Item 2 not be
completed within one year of the CLIENT'S execution date of the contract noted on
page three, .then hourly rates are subject to renegotiation. Any such hourly
increases are limited to fifteen percent per annum.
d. REIMBURSABLE EXPENSES -The CLIENT shall pay IH&W for identifiable direct.
out-of-pocket expenses incurred for travel, mileage, toll .telephone calls, printing,
reproduction, delivery, postage and express mailing costs and all other identifiable.
direct expenses per the FIRM's direct reimbursable guideline sheet.
e. TERMINATION - The obligation to provide further services under this
AGREEMENT may be terminated by either party upon seven (7) days written notice,
in the event of substantial failure by the other party to perform in accordance with the
terms hereof through no fault of the terminating party. In the event this
AGREEMENT is terminated prior to completion, IH&W shall be entitled to payment
for services performed as of the date of termination, plus reimbursable expenses.
f. CLIENT FURNISHED INFORMATION -CLIENT'S Responsibilities: If required, the
CLIENT shall furnish, or direct IH&W to obtain at the CLIENT'S expense, surveys
describing physical characteristics, legal limitations, .utility locations and a written
legal. description of the site and services for geotechnical engineering, structural,.
environmental tests, inspections and reports required by the law. IH&W shall
consider all information supplied by the CLIENT as accurate, complete and correct.
Additional work or revisions to completed work performed by IH&W as a result of
AGENDA ITEM 8A
MARCH 25, 2002
inaccurate, incomplete or incorrect information supplied by the CLIENT shall be paid
for as additional services at prevailing IH&W hourly rates. This additional work will
not be performed without prior written approval by CLIENT.
g. OWNERSHIP OF DOCUMENTS -All original sketches, tracings, drawings,
computations, details, design calculations, and other documents and plans prepared
pursuant to this AGREEMENT are and remain the property of IH&W as instruments
of service. Their use on other projects or this project must be approved in writing by
IH&W. Reproducible copies of all documents shall be made available to the CLIENT
as requested by the CLIENT.
h. COST ESTIMATES -The CLIENT hereby acknowledges that estimates of
probable construction costs, whether preliminary or final, cannot be guaranteed, and
such estimates are not to be construed as a promise to design facilities within a cost
limitation. IH&W shall not be held liable or financially accountable for cost overruns,
errors or omissions resulting from work performed by others.
i. SUB-CONSULTANTS - If authorized in writing by the CLIENT, IH&W shall furnish
or obtain from other sub-consultants, services which are not considered normal or
customary Basic Services. If contracted and billed through IH&W, the cost for
additional services from others shall be billed at their actual cost .plus ten (10%)
percent. The cost for additional services of IH&W personnel shall be billed at the
hourly rates in effect at the time the additional work is performed.
j. ADDITIONAL SERVICES -Any changes to .the attached Scope of Services
initiated by the CLIENT shall be considered additional services. These services will
be paid for in addition to the compensation for basic service and will either be billed
at an hourly rate or negotiated as a lump sum.
k. LIABILITY -The CLIENT agrees to indemnify IH&W from any and all liability, loss
or damage .the CLIENT may suffer as a result of claims, demands, costs or
judgments against the CLIENT arising out of the work undertaken in this contract
should the liability, loss or damage be caused by or arise out of other than sole
negligence of IH&W or iYs officers, agents; employees or othervvise.
i. .This .contract does not imply or guarantee that efforts to obtain required
permits and approvals will be successful
ii. This contract is offered with the understanding of the relevant regulations of
the local government, the State of Florida, and the United States as of the
date of the signature by an officer of IH&W, of this contract. Regulations
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AGENDA ITEM 8A
MARCH 25, 2002
which become effective after thA signature date of this contract may affect the
Scope of Services contained herein. In such an event, Ivey, Harris & Walls,
Inc. is not bound to the fees contained herein. Both parties shall have full
rights to renegotiate to reflect the effect of new. regulations on the relevant
components of this contract.
iii. Except as expressly provided herein, neither IH&W nor the CLIENT shall be
liable to the other for any economic damages caused by termination of or
failure to perform under this contract, whether such economic damages are
based upon delay in completion of the project, failure to obtain permits, loss
of anticipated sales of property, prospective profits, expenditures, contracts,
investment, leases, property purchases, property improvements or other
commitments made in anticipation of the services to be performed by IH&W,
hereunder, or in reliance upon this contract or any other compensation or
economic damages of any nature except for services actually performed and
costs and commitments actually incurred by IH&W under this contract prior to
the effective date of termination.
iv. Risk Allocation-The CLIENT agrees to limit IH&W's professional liability to
the CLIENT and all construction contractors and subcontractors on the
project, due to the performance or nonperformance of this contract, such that
the total aggregate liability of IH&W to all those named shall not exceed
$50,000 or the total fees received in this AGREEMENT, whichever is greater.
' v. Claims, disputes or othermatters in question between the parties to this
AGREEMENT arising out of or relating to AGREEMENT or breach thereof
shall be resolved through mediation.
vi. Unless otherwise provided in this AGREEMENT, IH&W shall have no
responsibility for the discovery, prior presence, handling, removal or disposal
of or exposure of persons to hazardous materials in any form at the Project
site, including but not limited to asbestos, asbestos products,. polychlorinated
biphenyl (PCB) or other toxic substances.
I. AUTHORIZATION -The signature below authorizes the work herein described
and does so on behalf of the Owner(s) of the land or property in question and
warrants that the CLIENT. either is the Owner or has authority to sign this
AGREEMENT on behalf of the Owner(s).
~{ IMNAGREEME.doc
AGENDA ITEM 8A
MARCH 25, 2002
IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first above written
subject to the terms and conditions stated and the general conditions attached hereto.
CLIENT:
NAME:
TITLE:
DATE:
SIGNATURE:
IVEY, HARRIS & WALLS, INC.
NAME:
TITLE:
DATE:
SIGNATURE:
AGENDA ITEM SA
MARCH 25, 2002
Revisions to the Evaluation. and Appraisal Report
City of Atlantic Beach
1990 Comprehensive Plan
Scope of Services
The purpose of this contract shall be to perform services related to the revision of the City
of Atlantic Beach Evaluation and Appraisal Report (EAR), adopted on September 22,
1997, by Resolution No. 97-34. The EAR shall be revised and amended in accordance
with the minimum requirements of Florida Statutes, Chapter 163.3191(2) (a) through (k)
with specific responses to address comments and suggested revisions as transmitted by
the Department of Community Affairs. Issues to be addressed shall include the
following.
(a) Population growth and changes in land area, including annexation, since the
adoption of the original plan or the most recent update amendments.
The EAR revision shall include current population estimates using 2000 Census
data and Bureau of Economic and Business Research (BEBR) data. Annexation
and increase in population resulting from annexations since the original 1990
Comprehensive Plan adoption shall be addressed.
(b) The extent of vacant and developable land.
The report shall include a map showing where the vacant acres are and identify
the future land use designations of such vacant lands.
(c) The financial feasibility of implementing the Comprehensive. Plan and of
providing needed infrastructure to achieve and maintain adopted
level-of-service standards and sustain concurrency management systems
through the capital improvements element, as well as the ability to address
infrastructure backlogs and meet the demands. of growth on public services
.and facilities.
i. The current capital improvements plan including type of project, year planned
and funding source;
ii. Any existing or anticipated surpluses and shortfalls of funding for the capital
improvements plan
iii. All anticipated needed"facility projects for water, sewer, stormwater, solid
waste, and transportation. The City's EAR implies that sewer, stormwater and
.transportation are. priorities
iv. Address how the City will fund needed projects including identified funding
sources.
Using the information above, the report should answer the question: Is our
.current system capable of providing for needed improvements?
AGENDA ITEM 8A
MARCH 25, 2002
{d) The location of existing development in relation to the location of development
anticipated in the original plan, or in the plan as amended.
The report should include a supplemental table listing the acreage and type of
development allocated on the future land use map. (Two maps, one showing the
existing land uses and one showing the future land uses should be provided.)
(e) Major issues of concern for the City of Atlantic Beach shall be identified and
the potential social, economic, and environmental impacts related to these
issues.
The consultant shall coordinate with the Cities of Jacksonville, Neptune Beach and
Jacksonville Beach, and other State and Federal agencies to identify major issues:
These shall. include the Florida Department of Transportation, the Northeast
Florida Regional Planning Council and the St Johns River Water Management
District and the Florida Department of Environmental Protection. Issues to be
addressed shall include, but not be limited to:
i. Coastal Conservation
ii. Hurricane Evacuation
iii. Transportation
iv. .Redevelopment
v. Housing/Historic Preservation
(f) Relevant changes to the State Comprehensive Plan, the requirements of this
part, the minimum criteria contained in chapter 9J-5, Florida Administrative
Code, and the appropriate Strategic Regional Policy Plan since the adoption
of the original Comprehensive Plan.
i. 9J-5.0055(2)(c) -Level of Service consistency on Florida Intrastate Highway
System (FINS) with FDOT for concurrency
ii. 9J-5.006(2)(8) -new requirement to analyze development and redevelopment
based on hazard mitigation reports
iii. 9J-5.006(3)(c)6 -new requirement to designate uses in wellhead protection
areas if applicable
iv. 9J-5.006(3)(c)8 -new requirement to protect historic properties;
v. 9J-5.006(4)(b)6 - new.requirement to map Coastal High Hazard Areas (CHHA)
vi. 9J-5.010(1)(a), (1)(c), (2)(f)3, (3)(b)1, (3)(b)3, and (3)(c)10 -new requirements
to use Schimberg Center data on affordable housing and to develop objectives
and policies to provide for affordable housing as well as a variety of housing
types.
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AGENDA ITEM 8A
MARCH 25, 2002
vii. 9J-5.012(2)(8) and (3)(c)9- new requirement to coordinate with county marina
siting plan.
viii. 9J-5.012(3)(c)5 -new requirement to address post disaster redevelopment.
during the EAR process.
ix. 9J-5.012(3)(c)8 -new requirement for infrastructure in the CHHA.
x. 9J-5.013(1)(a)1 -new requirement to analyze groundwaters.
xi. 9J-5.013(1)(a)5 -new requirement to identify important fish and shellfish
communities;
xii. 9J-5.013(2)(c) and (3) -new requirements to protect water quality and quantity,
and wetlands.
xiii. 9J-5.015(3)(b)1 and (3)(c)1 -new requirements to coordinate with school
boards and new requirements to establish joint local planning agreements with
any appropriate entities.
xiv. 9J-5.019(4) and (5) -new requirements for a transportation element including
goals, objectives, policies and maps.
xv. Changes to the Northeast Florida Regional Planning Council's Strategic
Regional Policy Plana
(g) An assessment of whether the plan objectives within each element, as they
relate to major issues identified through item (e) above,. have been achieved.
The report shall include, as appropriate, an identification as to whether
unforeseen or unanticipated changes in circumstances have resulted- in
problems or opportunities with respect to major issues identified. in each
element and the social, economic, and environmental impacts of the issue.
(h) A brief assessment of successes and shortcomings related to each element
of the plan.
(i) Identify any actions or corrective measures, including whether plan
amendments are anticipated to address the major issues identified and
analyzed in the report. Such identification shall include, as appropriate, new
population projections, new revised planning timeframes, a revised future
conditions map or map series, an updated capital improvements element,
and any new and revised goals, objectives, and policies for major issues
identified within each element. (The submittal of plan amendments is not
required along with the EAR.) Identify needed additional plan amendments.
Based on the City's character and the major issues identified,. the City
should the following minimum data and the need for related amendments
should be addresses, as appropriate.
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AGENDA ITEM 8A
MARCH 25, 2002
i. Identification of CHHA based on best available data and subsequent adoption
of needed maps.
ii. Identification and use of available transportation data, and the subsequent need
to adopt goals, objectives and policies establishing a transportation element.
(This is a new requirement for all jurisdictions in an urban area of an MPO.)
iii. Development of data for school siting and subsequent objectives and policies
establishing where schools will be allowed and establishing a collocation
policy.
iv. Development of data on intergovernmental coordination and the subsequent
need to adopt goals, objectives and policies to require establishment of
additional interlocal agreements;
v. Policies establishing post disaster redevelopment plan development, adoption
and implementation.
vi. Identification of any potable wells and wellhead protection areas (by map), and
subsequent adoption of wellhead protection policies indicating allowed uses
.within protection areas.;
vii. Updated data on historic properties and the subsequent need to adopt goals,
objectives and policies to protect historic properties.
viii. Analysis of Schimberg Center Housing Data, development of updated
population projections, the subsequent need to adopt goals, objectives and
policies to address housing needs including affordable housing;
ix. Objectives to develop a stormwater management plan including collection of
data, and commitment to adopt subsequent objective and policies to address
stormwater management needs.
x. Analysis of resource data including wetlands and any environmentally sensitive
lands, and the subsequent need to adopt goals, objectives and policies to
protect their natural functions.
(j) A summary of the public participation programs and activities undertaken by
the, local government in preparing the report.
The report should be revised to identify the public participation process. The
process should allow adequate notice to residents, should provide for adequate
public hearings and should identify how comments from residents are addressed.
Examples should be provided.
(k) The coordination of the Comprehensive Plan with existing public schools
and those identified in the applicable 5-year school district. facilities work
program adopted pursuant to F.S. 235.185. The assessment shall address,
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AGENDA ITEM 8A
MARCH 25, 2002
where relevant, the success orfailure of the coordination of the future land.
use map and associated planned residential development with public
schools and their capacities, as well as the joint decision making processes
engaged in by the local government and the school board in regard to
establishing appropriate population projections and the planning and siting
of public. school facilities. (If the issues are not relevant, the local
government shall demonstrate that they are not relevant.)
The report should be revised to include this information. The. City should indicate if
school. coordination issues described in column 1 Q) are relevant. If they are not
the government must demonstrate so by appropriate information from the school
board and the County.
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