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1994-025 Recreational Master Plan1 RESOLUTION No. 25-94 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH TEAM PLAN, INC. ATTACHED HERETO AS EXHIBIT "A" FOR DEVELOPMENT OF A COMPREHENSIVE DESIGN AND IMPROVEMENT STUDY FOR THE VILLAGE'S RECREATIONAL MASTER PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. ' WHEREAS, the Village Council of the Village of North Palm Beach, Florida is desirous of entering into an Agreement with Team Plan, Inc. for development of a Comprehensive Design and Improvement Study for the Village's Re creational master plan. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement with Team Plan, Inc. for development of a Comprehensive Design and Improvement Study for the Village's Recreational master plan which Agreement is attached as Exhibit "A". Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with Team Plan, Inc. set ~' 'i ~ ~~ 1 1 forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 23rd DAY OF June 1994. (Village Seal) / 8 ~ YOR AT ES C VILLAGE CLERK 1 AGREEMENT Between VILLAGE OF NORTH PALM BEACH AND TEAM PLAN, INC. For A COMPREHENSIVE DESIGN AND IMPROVEMENT STUDY FOR THE VILLAGE OF NORTH PALM BEACH This is an Agreement between the VILLAGE OF NORTH PALM BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, HEREINAFTER RF.FEARED TO AS "VILLAGE". AND TEAM PC,AN, INC., a private for-profit corporation, hereinafter referred to as "CONSULTANT". WHEREAS, VILLAGE is desirous of developing a Comprehensive Design and Improvement Study foe the VILLAGE'S Recreational master plan; and WHEREAS, consultant is desirous of developing a Comprehensive Design and Improvement Study for the VILLAGE'S Recreational master plan for the VILLAGE upon the terms and conditions hereinafter set forth; and WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, VILLAGE and CONSULTANT agree as follows: S.E_CT34fL1~ Scope of Services A. The detailed Scope of Services is included in Exhibit "A", attached hereto and incorporated herein. CONSULTANT shall provide services and produce deliverables in four (4) Phases identified as follows: PHASE I: Data Inventory: The CONSULTANT shall complete the tasks in Exhibit .,A„ (specifically Tasks one (1) through five (5). PHASE II: Draft: The CONSULTANT shall complete tasks in Exhibit "A" (specifically Task six (6). PHABE III: Workshop: The CONSULTANT shall complete the tasks in Exhibit ..A., (specifically task sev en (7). PHASE IV: Recreation Masher Plan: The CONSULTANT shall complete the tasks in Exhibit A'(~(/~s ecifically tasks eight (8) through fe~tN=k~a-~-1~4~• SECTION 2. Prory~i~e ct Supervisor - Consultant Management A. Consultant danagement for the Village of North Palm Beach consists of village Manager or his designee who shall act as Project Supervisor. B. The Project Supervisor's duties shall include, but are not ]invited to: 1. Review scope of work. 2. Set quality standards for services and deliverables. 3. Review and coordinate draft and final work products. 4. Schedule and coordinate necessary public meetings. 5. Provide a forum for discussing and resolving problems. 6. Act as liaison with the Village of north Palm Beach Parks and Recreation Board, the Village of North Palm Beach Planning and Zoning Commission, and the Village of North Palm Beach Village Cg~.incil, and the Village Manager's Office. 7. Coordinate public relations. C. Meetings Requiring attendance by consultants shall be held at th~~~~e~~V~~igqll££age of North Palm Beach Village Hall and shall be called by .PEe~3acC'~S '~("~or the VILLAGE or his/her designee and are .,-•• included in the compensation set forth in Section 4. SECTLQN_~: Time of Performance The CONSULTANT shall perform the services described in Section 1 wi t.hin twelve (12) weeks of execution of this Agreement by the VILLAGE. In the event the CONSULTANT is unable to complete the above services because of delays beyond the control of the CONSULTANT, the VILLAGE may grant a reasonable extension of time for completion of the Services. It is the responsibility of the CONSULTANT to notify the VILLAGE promptly, in writing, when a delay is anticipated or experienced. -2- ,S~~T~~4~ Co~ensation and Method of Pavment A. The VILLAGE agrees to pay the CONSULTANT as compensation for its professional services a sum of Twelve Thousand Dollars. 4'his amount includes all related expenses, including costs of reproducing documents, reports, graphics or any other material related to any of the park site studies, incl udinq 20 copies of the Final Report described under PHASE 4 of Exhibit "A". B. METHOD OF_PAYMENT 1. CONSULTANT shall submit a bill for its professional fee at the completion of each- phase described in Exhibit "A". 2. The statement for payment of the fee shall identify the phase of the work performed. 3. Payment shall be made to CONSULTANT upon acceptance by VILLAGE of the services and deliverables covered in each Phase. Each phase shall consist of 25$ of the total fee. ' _S_ECTION 5. Additional Services and Chances in Scone of Work VILLAGE or CONSULTANT may request changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. Such changes must be contained in a written amendment, executed by the parties thereto, with the same formality and of equal dignity prior to any deviation from the terms of this Agreement, including the initiation of any extra work. The written amendment executed by the parties shall set forth the additional compensation to be paid CONSULTANT. SECTION 6. Ownership of Documents A]1 documents shall be labeled "Copyright 1994 Team Plan Inc." and be made available as requested by the VILLAGE. SECTION 7. Termination T}~is Agreement may be terminated by the VILLAGE at any time, with or without cause upon fourteen (14) days written notice. The CONSULTANT shall be paid its compensation for services performed to termination date in accordance with Section 9 of this Agreement. In tk~e event that the CONSULTANT abandons this Agreement or causes -3- it to be terminated, CONSULTANT shall indemnify the VILLAGE against any loss pertaining to this termination up to a maximum of 1.3 1 times the full contracted fee amount. The intent of the parties is that if CONSULTANT abandons or terminates this Agreement that the VILLAGE shall be compensated by CONSULTANT for any loss to VILLAGE over the contract price in VILLAGE's hiring of a replacement CONSULTANT to complete performance under the contract. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT shall become the property of VILLAGE and shall be delivered by CONSULTANT to VILLAGE. SECTION 8. No Contingent Fees CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT to solicit or secure this AGREEMENT and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely ' for CONSULTANT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. SECTION 9. Assignment This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONSU I,TANT, without the prior written consent of VILLAGE, which consent shall be in the sole discretion of the VILLAGE. However, the Agreement shall run to the VILLAGE and its successors. &ETTi9b~0. Indemnification of VILLAGE CONSULTANT shall indemnify and save harmless and defend VILLAGE, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out or error, omission or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this Agreement, to include, but not be limited to, reasonable 1 attorney fees and costs of VILLAGE defending itself both at the trial and appellate levels. -4- CONSULTANT further agrees to indemnify, save harmless and defend VILLAGE, its agents, servants and employees from and against anY claim, demand or cause bf action of whatever kind or nature arising out of any conduct or .misconduct of CONSULTANT for which the VILLAGE, its agents, servants or employees are or are alleged to be liable. Tl,e execution of this Agreement by CONSULTANT shall obligate CONSULTANT to comply with the foregoing indemnification provision, however, the collateral obligation of insuring this indemnity must he complied with as set forth below in Section 12. SECTION 11. Insurance CONSULTANT shall provide, pay for, maintain in force at all times during the services to be performed professional liability insurance with the limits of liability provided by such policy shall be no less than Two Hundred Fifty Thousand Dollars (5250,000.) to assure VILLAGE of indemnification specified in Section 12. ' SECTION 12. All Prior Agreements Superseded (a) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the mattes contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. (b) It is further agreed that no modification, amendment or alteration in the terms or donations contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ' ;=E~T3SiLL3. aot~ces Whenever either party desires to give notice to the other, it -5- must be given by written notice, sent by certified United States Mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice shall remain such until it shall be changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice to wit: SECTION 14. Severability If any provision of this Agreement shall be declared illegal, void or unenforceable by a Court of Competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto k~a ve made and executed this Agreement on the respective dates under each signature. ~ test: VILLAGE OF NORTH PALM BEACH i sy: ,~r VILLAGE CLERK A R This 73rA day of .tune ,1994 1 -6- This dey of _ 1994 I,~ EXHIBIT "A" O~ I - VILLAGE OF NORTH PALM BEACH qjt~ Services/Deliverables The scope of the consultant services for the Recreation Master Plan will include the following professional services and deliverables: 1 1 PHASE I: Data Inventory TASK 1 Review the Village of North Palm Beach Comprehensive Plan and provide written comments/suggestions for expanding or updating the data base as appropriate. Review thecomments/suggestions with Village staff and assist as necessary with data analysis. TASK 2 Review the 1991 Village Survey conducted by the North Palm Beach Recreation Advisory Board and provide written comments/suggestions for expanding or updating the data base as appropriate. Review the comments/suggestions with Village staff and assist as necessary with data analysis. TASK 3 Conduct a field reconnaissance and evaluation of existing Village of North Palm Beach recreation facilities and open space reserve sites to determine potential for further development as well as off-site influences affecting current and potential future uses. Concurrently, analyze community development patterns, neighborhood characteristics, traffic circulation, environmental features, problems which may present community opportunities. TASK 4 The consultant will prepare (using available city base data) a base map of each park site at an appropriate scale. The base map shall depict accurate street rights-of-way, property lines and building outlines, (as available from existing data) and other pertinent information. This contract does not provide for any survey work. TASK 5 Site Analysis A site analysis shall be completed for each of the park sites included in this RFP. In addition to items in TASK Three above, the following elements shall be studied: ' a. topography b. hydrology . , c. vegetation, existing landscaping and irrigation d. views and exposure e. traffic and parking f. lighting systems (in general) g. micro-climate conditions h. pedestrian circulation i. existing service facilities (i.e. restrooms, concession stands) j. existing barriers (i.e. fences, buffers) ' k. existing park equipment (i.e. benches, grills, tables) I. existing playground equipment m. existing infrastructure n. surrounding land uses PHASE II: Draft TASK 6 Prepare a preliminary schematic master plan which includes an analysis of the effectiveness of the existing facilities to serve the present and future population of the community considering their size, location, accessibility, and other characteristics. These illustrative exhibits will be prepared as follows: Anchorage Park 2 -scenarios -one revision Community Center 2 -scenarios -one revision Country Club 2 -scenarios -one revision Osborne Park 1 -scenarios -one revision 2 1 In general the two scenarios will depict short and long range options. Revisions are understood to be minor in nature, and dotnot contemplate major program changes. A major program change is defined as a significant departure in design elements. An example of a major program change would be the substantial relocation of courts, ballfields, parking areas, etc. serve the present and future population of the community considering their size, location, accessibility and other characteristics. PHASE III: Workshop TASK 7 Conduct a workshop meeting with participation by the Recreation Advisory Board, Village staff, and others selected by he Village for the purpose of discussing the findings and conceptual plan. Based on the workshop results and a review of survey data on hand, further analysis and modifications will be undertaken for review by Village staff. PHASE IV: Recreation Master Plan ' TASK 8 Based on information received, prepare a Recreation Master Plan with facility sites located and identified by type, size and phasing. An estimate of total development cost (with the establishment of a base year from which to analyze extended costs), recommended priorities, and a general implementat(on program for the Recreation Master Plan will be included (coordinated with Proposed phasing schedule). The Recreation Master Plan will include the following: • Anchorage Park • Community Center • Country Club • Osborne Park • Herb Watt Senior Center • Prosperity Harbor Park • Lakeside Park • F.I.N.D. Lands • Urban "Hike and Bike "trails as contained in city limits. • Allamanda Park 1 3 TASK 9 A draft of the Master Recreation Plan report will be presented to the Recreation Advisory Board and Village staff for review. Revisions will be made as required, and are anticipated to be minor in nature. TASK 10 Twenty bound copied of the final Recreation Master Plan report including a rendered Master Plan drawing depicting existing and proposed facilities will be prepared and formally presented at a Village Council meeting. TASK 11 Additional services as mutually agreed. PRESENTATIONS TASK 12 The consultant will present the schematic layouts (TASK 8) in a public presentation, to be organized and coordinated by the City. Included in this task, the consultant will take Into consideration comments received during TASK 7. ~. g:\vllnpb\exhibita u 4