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77-XX
RESOL~TION~ N0. 77-X~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA. AUTHORIZING EXECUTION OF CONTRACT RETAINING FIRM OF LLACE, MCHARG, ROBERTS AND TODD, AS CONSULTANTS LATIVE I~PLEMENTATION OF LOCAL GOVERNMENT COM- PREHENSIVE PLANNIN8 ACT OF 1975. WHEREAS, the City Staff consisting of the City Planner, Utilities Director, Building Official, Recreation Director, City Engineer and Deputy City Engineer have interviewed various plan- ning consultant firms for the purpose of assisting the City in connection with implementation of requirements of the Local Government Comprehensive Planning Act of 1975; and WHEREAS, said officials have recommended that the firm of Wallace, McHarg, Roberts and Todd of Philadelphia, Pennsylvania, be retained by the City for the above purpose in accordance with terms of proposed contract attached hereto and made a part hereof NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the firm of Wallace, McHarg, Roberts and Todd is hereby retained for the purpose of assisting the City in implementing requirements of Local Government Comprehensive Planning Act of 1975 in accordance with terms of attached contrac- form. Further that the Mayor and City Clerk are hereby authorize~ to execute said contract on behalf of the City. PASSED AND ADOPTED this ~ day of September, 1977. CITY OF BOYNTON BEACH, FLORIDA ATTEST: · y Cler~ (Corp. Seal) AGREEMENT THIS AGREEMENT made this day of , 1977 by and between the City of Boynton Beach, a municipal copora- tion of the State of Florida, hereinafter called "CITY" and Wallace, McHarg, Roberts and Todd, architects, landscape architeCts and urban planners, a Pennsylvania partnership, of Philadelphia, Pennsylvania, hereinafter called "CONSULTANT'". WITNESSETH THAT, WHEREAS, on , the City of Boynton Beach by Resolution ~o. approved .the solicitation of con- sultants for the Boyn~on Beach Comprehensive Plan. WHEREAS, Wallace, McHarg, Roberts and Todd is ~ partnership engaged in the business of providing planning services %o municipalities and others and are qualified 'to conduct the detailed study and analysis necessary in preparation of the comprehensive plan for Boynton Beach, and desires to perform the expert services therein described under the direction of and for the account of CITY; and WHEREAS the City Manager by letter dated April 4, 1977 advertised and received proposals from planning firms for pro, fessional services for the preparation of the Boynton Beach Comprehensive Plan with the intent of negotiating a contract with the highest qualified firm for said professional and technical services. NOW, THEREFORE, THE CITY and the CONSULTANT for the consider- ations hereinafter set forth, agree and covenant, one unto the other, as follows: SECTION I - GENERAL A. The CONSULTANT shall carry out the WORK with all ap- plicable dispatch in a sound, economical efficient and profes- sional manner. The provisions of all applicable Federal, State and Local Laws must be met; and B. The CONSULTANT shall perform the professional and tech- nical services as hereinafter set forth and in general accordance with the instructions of the CITY; and C. The CITY agrees to pay and the CONSULTANT agrees to accept in full for all professional and technical services ren- dered as outlined in SECTION Iii - PROFESSIONAL AND TECHNICAL SERVICES, hereof, a lump sum fee of Thirty Five Thousand Dollars ($35,000) as itemized in SECTION V - COMPENSATION FOR SERVICES. SECTION II - DEFINITIONS A. CITY - is hereby defined as The City of Boynton Beach Florida. · -B. CITY MANAGER - is hereby defined as The City Manager of The City of Boynton Beach, Florida. C. CONSULTANT _ is hereby defined as Wallace, McHarg, Roberts and Todd (WMRT). 'D. COUNTY - is hereby d ' eflned as Palm Beach County, Florida. E. CITY PLANNER - is hereby defined as The City Planner of The City of Boynton Beach, Florida F. FIXED FEE - is hereby defined as the amount of money the CITY agrees to pay the CONSULTANT for all his professional and technical services required to complete the WORK as defined in SECTION II/, SCOPE OF PROFESSIONAL SERVICES hereof. G. LOCAL PLANNING AGENCY - The Local Planning Agency as required by the State of Florida Local Government Comprehensive Planning Act has been aeslgnated to be the Planning Board for the City of Boynton Beach. H. STUDY AREA - i~ hereby defined as the area bounded by the incorporated limits of the City of Boynton Beach Florida. Maps and other materials will in addition include the Reserve ~Annexation Area, however Consultants shall incorporate-the County plan for this area. I. STATE - is hereby defined as The State of Florida. J. STUDY - is hereby defined as the Boynton Beach c6mprehens~ve planning study. K. WORK - is hereby defined as the professional and technical services to be rendered or provided by the CONSULTANT for the STUDY, as described in SECTION III - PROFESSIONAL AND TECHNICAL SERVICES, herein. SECTION III - PROFESSIONAL AND TECHNICAL SERVICES The CONSULTANT in close coordination with the CITY shall perform the following professional and technical services com- prising the WORK and shall be fully responsible for all the pro- fessional and technical aspects thereof. The CITY'S review and approval of the WORK will relate only to overall compliance with the general requirements of this Contract and whenever the term "Approval by the City" or like terms is used in this Agreement, the phraseology shall in no way relieve the CONSULTANT from any duties or responsibilities under the-terms of this Agreemeh% and from using the highest standard of professional services and r ~' . P aculces At the initiation of the Study process~ the CONSULTANT will hold a workshop with the L.P.A.. The purpose of this work- shop will be to explain the planning process and additional workshops will be held with the L.P.A. as needed. The CONSULTANT will work in close cooperation and meet with CITY staff as needed. PARTI: Review and Assemble Dat'a B'ase A. Base Map. The previously prepared base map (scale, 1"=400') which includes the City as well as its reserve annexation ares will be updated on the basis of information to be provided by the City.- B. Relevant Studies. Previously prepared plans and studies relevant to the preparation of the plan, including those of the State, Regional, County, Special Purpose Agencies and Municipalities will be reviewed. C. Environmental Inventory. Information related to relevant environmental factors, such as micro-climate, topography, hydrology and coastal zones, soils, vegetation and wildlife, will be reviewed and assembled from secondary sources. D. Housing Inventory. Information related to housing vacan- cy rates, residential values and rental ranges by type will be assembled from secondary sources. A building condition survey based om external Visual recon- naisance will be carried out for residential Structures in the area north of N.W. 2nd Avenue to the northern City limits between 1-95 and U.S. 1 for the purpose of identifying residences in need of rehabilitation assistance or demolition and clearance. E. Population Profile. An estimate of present population; population growth rates between 1970 and 1977; and pOpulation characteristics and trends Will be assembled from secondary SOUrces and Will include available information on income, unemployment,.age distribution, family status, auto OWnership, home OWnership, length of residence, OVercrowding and overpayment. F. Recreation and ©pen__Space InventOry. Information provided by the City on existing Parks related to location, size, available equipment and programs as well as private recreational opportunities Will be reviewed and assembled. G. Trans~ort'a:t.ion Inven.tor~. Information related to roadway Classification,. COndition, programmed improvements, travel Characteristics, traffic volumes, Capacities and con- Straints will be reviewed and assembled from secondary SOUrces. PART II: Identif~ Pr'oblems and~pportUni~t~ies A. Information assembled in Part I will be analyzed and interpreted in order to define problems and opportunities related to each one of the following: 1. Conservation 2. Coastal Zone Protection 3. Land Use 4. Housing Recreation and Open Space Transportation Inter-Governmental Coordination Fiscal B. Working papers des~ ' ' ~rlblng problems and opportunities will be prepared for each one of the categories above and dis- tributed for review by a Technical Advisory Committee assembled by the City and comprised of City departments, County, Regional and Special Purpose Agencies as well as the Local Planning Agency for the purpose of soliciting comments and initiating -inter-governmental coordination. Identify Community Needs, Desires and Neighborhood PART III: Priorities A. A summary of problems and opportunities by functional category as well as by geographic area will be prepared for distribution to existing civic organizations and community leaders in a form suitable to solicit comments related to com- munity needs, desires and neighborhood priorities. 1000 copies will be printed in black and white to be addressed and mailed by the City. In addition, the size of the hand-out will be designed so that the Local Planning Agency and the City of Boynton Beach can make the information available to the general public through the local newspaper. B. A presentation of problems and opportunities will be made under the auspices of the Local Planning Agency in a public meeting to be arranged to solicit further responses from the general public as well as interested civic groups. PART IV: Prepare Plan Elements A. Required plan elements will be prepared in conformance with Section 7 of the State of Florida Local Government Compre- hensive Plannin~ Act, as follows: 1. Future Land Use Plan E!emen% 2. Traffic Circulation Element 3. Conservation Element 4. Recreation and Open Space Element 5. Housing Element 6- Coastal Zone Protection Element 7. Inter-Governmental Coordination Element B. The drainage and solid waste portions of the Sanitary Sewer, Solid Waste, Drainage and Potable Water Element will be prepared by the Consultants with %he assistance of the City Engineer. C. The Consultants will not be responsible for, but will coordinate with, the City's engineering consultant in the prepara- tion of the sanitary sewer and potable water portions of the Sanitary Sewer, Solid Waste, Drainage and Potable Water Element and with the City Planner in the preparation of the Utility Element. D. A draft report consisting of the preliminary plan elements will be prepared and distributed for review by the Technical Advisory Committee and the Local P/'anning Agency for the purpose of soliciting comments. E. A presentation of the preliminary plan elements will be made in a public meeting under the auspices of the Local Planning Agency in order to solicit feedback from the com- munity. F. Preliminary-plan elements will be tested for economic feasibility based on economic assumptions provided by the City related to fiscal limits, potential funding sources and estimated costs. G. Preliminary plan elements will be revised on the basis of paragraphs D, E, and F above and made internally consistent and the final plan will be prepared. The plan will consist of a Te. chnical Report, documenting the background information, analyses and recommendations and printed in 200 copies .and a Summary Plan, which will be printed in 2000 copies .in black and white. H. Presentations of the final preliminary plan will be made in up to two public hearings to be held by the Local Plan- ning Agency in order to consider its recommendation for adoption by the City Commission. PART V: Assist in Adopt-iOn Procedures A. A maximum of five (5) appearances at public hearings. for the adoption of the plan will be made and the following are reco~nended: 6 1. The Consultants will assist the LoCal Planning Agency and the City Planner in presenting the plan to the City Commission and in making the request that they transmit the plan to the appropriate reviewing agencies as spelled out in the Local Government Comprehensive Planning Act for c®mments. 2. Upon receipt of comments and preparation of res- ponses to comments by the Local Planning Agency and the City Planner, the Consultant will assist in presenting the comments and responses to the reviewing agencies and request the City Commission to transmit these responses. 3. The Consultants will assist the Local Planning Agency and the City Planner in presenting the Plan and responding to questions in up to three public hearings held by the City Commission in considering the plan for adoption. SECTION IV - CITY SERVICES A. The City will undertake an up-to-date land use ~ survey and will display the results in both tabular and mapped form. B. The City will provide the Consultants with the relevant plans and studies, make arrangements with other levels of government Or agencies'to provide information necessary for the planning process and provide existing base maps and aerial p oLographs. C. The City will also provide information related to building permit activity, including demolitions between 1970-77 by building type, number of units and estimated value and will identify major proposed development projects. D. The City will provide information on existing parks related to location, size, available equipment and programs as well as private recreational opportunities~ E. The City will direct the engineering consultant presently under contract with the City to prepare the sanitary sewer and potable water portions of the Sanitary Sewer, Solid Waste, Drainage and Potable Water Element in a timely fashion so that necessary input into other plan elements and coordination among them can readily be established. F. The City engineer will provide assistance to the Consultants in the preparation of the drainage and solid waste portions of the Sanitary Sewer, Solid, Drainage and Potable Water'Element. G. The City Planner will coordinate with Florida Power and Light Company in the preparation of the Utility Element. H. The City will assist in establishing the economic assumptions on which the plan is to be based'as well as the economic feasibility of proposals related to capital expenditures. I. The City will be responsible for addressing and mailing information and receiving public comments related to plan prepar- ation, giving adequate and appropriate public notice for public meetings, and making arrangements with local media to ensure adequate coverage of the planning process. SECTION V - COMPENSAT.I©N FOR SERVICES For professional and technical services outlined in Section III - PROFESSIONAL AND TECHNICAL SERVICES, %he City agrees to pay the Consultant a total lump sum fee of Thirty Five Thousand Dollars ($35,000). The City. will make a monthly partial payment to the Consultant in accordance with the following schedule for all authorized work pertaining directly to this Plan performed. during the previous calendar month as follows: A. The Consultant shall submit duly certified invoices for approval to the City Planner, together with a progress report of work accomplished. 8 B. The amount of the invoices submitted shall be the pro-rated amount due for all work performed to date uhder the terms of the Agreementv determined by applying the percentage of the work completed as certified by the Consultant and as approved by the City Planner to the total lump sum due for the work. C. The amount of the partial payment due for the work performed to date shall be an amount calculated in accordance with paragraph (B) above, less ten percent-(10%) of the amount thus determined, which shall be withheld by'the City and less previous payments. D. The Consultant shall have the right to stop work if payment of approved invoices has not been received within sixty (60) days of submission. ~ - ~ E. The ten percent (10%) retainage shall be paid in full to the Consultant upon satisfactory completion of services as certified by the City Planner. F. 'Interest on Retainage. Incorporated into and a part of the fixed fee shall be a charge of seven percent (7%) per annum to cover the cost of retention money withheld over' the duration of this Agreement. This charge shall be computed on a simple interest basis and shall not alter the total fee con- tained herein of $35,000 nor the Scope of Services as defined in SECTION III. SECTION VI - SCHEDULE OF STUDY The planning process will take one year not including adoption procedures. The Consultant a~rees to commence Work within thirty (30) days of notice to proceed given from the City Manager. SECTION VII - TERMINATION OF AGREEMENT The City retains the right to terminate this Agreement at any time prior to %he completion of the Work. In that event, termination of this Agreement shall be in writing tO the Consultant and the Consultant shall be paid all fees and of the City. This Agreement. shall be binding upon the parties .hereto, their heir, executors, legal representatives, successors and assigns. SECTION XII - RIGHT TO AUDIT The City reserves the right to audit the Consultant's records pertaining to this Agreement at any time during the prosecution of this Agreement and for a period of one year after final payment is made under this Agreement. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under any other portion of this Agreement. SECTION XIII - RIGHT OF DECISIONS Ail services Shall be performed by the Consultant to the satisfaction of the City Planner, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and ful- fillment of the services hereunder, and the character, quality, amount and value thereof, and the City Planner's decisions upon all claims, questions of fact, and disputes shall be con- clusive and binding upon the parties hereto, unless such deter- mination is clearly arbitrary or unreasonable. In the event that the Consultant does not concur in the judgement of the City Ptanner~as to any decision made by him, he shall present his written objections to the City Manager, with a copy to the City Planner; an~ the Consultant shall abide by the decision of the City Manager. SECTION XIV - ARBITRATION Ail claims, disputes and other matters in questions arlsmng out of or relating to this Agreement, including inter- pretation of the breach thereof, shall be decided by arbitration in accordance with the Arbitration Rules of the American bitration Association then obtaining. This Agreement to so arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with expenses incurred prior to termination and direct resul- tant termination and direct resultant terminal expenses. In the event of termination, all documents, drawings, specifications, etc., shall be delivered to and become the property of the City. SECTION VIII - OWNERSHIP OF DOCUMENTS Ail statistical analysis, sDecifications, survey infor- mation, reports, plans, drawings, maps and other data developed as a result of this Agreement shall be deli-vered to the City by the Consultant upon completion of the Work and shall become the property of the City, without restriction or limitation on their use. SECTION IX -' AWARD OF AGREEMENT The Consultant warrants that he has not employed or retained any company or persons to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person an~ fee, commission, percentage, brokerage fee, or gifts of any kind contingent uPOn or resulting from the award of making this Agreement. The Consultant also warrants that to the best of his knowledge and belief no commissioner, mayors or other officer or employee of the City is interested, directly or indirectly, in the profits of emoluments of this Agreement or the job, work or services for the City in connection with the Agreement. SECTION X - EXTENT OF AGREEMENT This Agreement represents the entire and integrated Agree- ment between the City and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument by both City and the Consultant. SECTION XI - SUCCESSOR AND ASSIGNS The Consultant team shall make no assignment or transfer of this Agreement of sublet, assign or transfer any part of the Work under this Agreement, without the written consent of the American Arbitration Association and such demand shall be made within a reasonable time after the events giving rise to the claims, dispute or matter in question. SECTION XV - MODIFICATION The parties reserve the right, subject to mutual assent by the Consultant and the City Planner, to modify the terms, conditions and schedules as herein contained, as necessary and as evidenced by a written document. SECTION XVI - NON-DISCRIMINATION A. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Con- sultant agrees rio post in conspicuous places, available to em- ployees and applicants for employment, notices to'be provided by the Personnel Officer setting forth the provisions of this Equal Opportunity clause. B. The Consultant will, in all solicitations or advertise- ments for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The Consultant will send to each labor union or r'epre- sentative of workers with which he has collective bargaining agreement or other contract or understanding, a notice to be provided by the agency Personnel Officer, advising the labor union or workers' representative of the contractor's commit- ments under this Equal Opportunity clause, and shall pos% copies of the notice in conspicuous places available to employees and applicants for employment. D. The Consultant will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and of t'he rules, regulations and relevant orders of the Secretary of Labor. E. The Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965 as amended by Executive Order No. 11375 of October 13, 1967, and by the rules and regulations and Order of the Secretary of Labor or pursuant thereto, and will permit_access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the Consultant,s noncompliance with the Equal OpPortunity clause of this contract or with any of the said rules, regulations or orders, this'contract may be cancelled, terminated or suspended, in whole, or in part and the Consultant may be declared ineligible for further City con%facts in accor- dance with Procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. G. The Consultant will include the provisions of XVI A through XVI G in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive O~der No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967 so that provisions will be binding upon each subcontractor or vendor. The.Consultant will take such action with respect to any subcontractor or purchase Order as the contracting agenc~ may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided howeve , that in the event the Consultant becomes involved in, ~r is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Consultant may request the City to enter into such litigation to protect the interests of the City. 13 SECTION XVII - INSURANCE AND INDEMNIFICATION The Consultant shall not commence work on this Agreement until he has obtained all insurance required under this Section and such insurance has been approved by the City. The Consultant shall indemnify and save the City harmless f~om any and all claims, liability, losses and causes of actions which may arise out of the Consultant's operation of this Agreement and shall pay all claims and losses of nay nature whatsoever in connection therewith and shall defend al/ suits, in the name of the City when applicable, and shall pay all costs and judgements which may issue thereon. The Consultant shall maintain during the term of this Agreement the following insurance: A. Public Liability Insurance in amounts not less than $100,000 per person and $300,0'00 per accident for bodily injury and $25,000 per accident for property damage. B. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles in amounts as indicated in para- graph A above. C. Professional Liability Insurance covering all liability arising out of the terms of this Agreement. Such policies are identified and copies attached hereto as Exhibit A to this Agreement. D. The City shall be named as an additional insured under the policies of insurance required in the above paragraphs A and B as to any work performed under this Agreement. The insurance coverage required shall include those classifi- cations, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Consultant. All insurance poli~ies shall be issued by companies authorized to do business under the laws of the State of Florida. The Consultant shall furnish certificates of insurance to the City prior to the commencement of operations, which cer- tificates shall clearly indicate that the Consultant has ob- tained insurance in the type, amount and classifications as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the City. SECTION XVIII - CONSTRUCTION OF AGREEMENT · The parties hereto agree that thi~ Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. IN WITNESS THEREOF, the parties hereto have, through their proper corporate officials, executed ~this Agreement, the day and year first above set forth. WALLACE, McHARG~ ROBERTS & TODD ATTEST: ATTEST: BY: THE CITY OF BOYNTON BEACH (a municipal corporation in the State of Florida) City Clerk BY: City Manager APPROVED AS TO CONTENT APPROVED AS TO FORM & CORRECTNESS City Planner City Attorney