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HomeMy WebLinkAboutItem 05 Approval to Construct Sanitary Sewer and Reclaimed Water Utilities to the South Bluford – Geneva Service Area ocoee florida AGENDA ITEM COVER SHEET Meeting Date: March 19, 2019 Item # 5 Reviewed By: Contact Name: Milen D. Womack, E.l. Department Director: J Development Engineer Contact Number: 407-554-7081 City Manager: Subject: Approval to Construct Sanitary Sewer and Reclaimed Water Utilities to the South Bluford Geneva Service Area Commission District#3— Richard Firstner Background Summary: Due to development demands along Bluford Avenue from W. Columbus Street south to the drainage creek approximately 600 feet north of Maine Street, staff is recommending moving forward with the implementation of sanitary sewer along the Bluford corridor. Attached is a proposed sewer service area map broken down into an initial Phase 1 and final Phase II. The initial Phase I work calls for a gravity collection system, a temporary lift station and force main that would integrate with Phase II. Phase II would extend the gravity south to a permanent station located near the drainage creek and utilize the Phase I force main for discharge conveyance. The temporary station will be salvaged and reused when a need becomes available. To provide reclaimed water to the Bluford Downtown, a reclaim main is scheduled to be constructed within the next two years that will connect reclaimed from the City Center project area along Bluford Avenue to Delaware Street. Since the reclaimed water main will run through the Phase I construction, staff is recommending the inclusion of the construction of the reclaim main into the Phase I work. The City has an opportunity to work with Top Gun Cheer, currently developing the property located at 631 South Bluford Avenue, by having Top Gun Cheer perform the construction of the sewer and reclaimed water infrastructure called for in Phase I with their construction. Top Gun Cheer has conceptually agreed to construct the improvements with the City reimbursing Top Gun Cheer for costs above their fair share. To move forward with the Phase I construction, staff is recommending approving the needed design and permitting work with Top Gun Cheer's engineer Barrios Engineering, LLC in the amount of $47,938.00. Upon completion of the design, Top Gun Cheer's site contractor will price the work; and, if acceptable, staff will seek City Commission approval to authorize the work by Top Gun Cheer. Staff will also seek City Commission approval to establish a South Bluford Sewer Service Area with associated fair share costs per contributing parcels that will eventually connect to the sewer system. This partnering with installation of utilities is consistent with past projects such as the Southwest Utilities Installation along Tomyn Blvd/Roberson Road and Family Dollar on Wurst Road. Barrios Engineering; LLC was the design engineer for Family Dollar and also designed 2,000 feet of 20-inch Western Force Main for the City. City Staff is seeking consensus from the City Commission to continue working with Top Gun Cheer and Barrios Engineering to design and permit the proposed utility improvements. City Staff shall be available to answer questions. Itsue: • Should the City create a South Bluford Sanitary Sewer Service Area? Recommendations: Staff to seek consensus from City Commission to move forward with establishing a South Bluford — Sanitary Sewer Service Arear and acceptance of the Design Proposal, in the amount of $47,938.00, provided by Barrios Engineering, LLC to design, coordinate, and permit the Sanitary Sewer and Reclaimed Water improvements in Phase I South Bluford Sewer Service Area. Attachments: 1. Aerial Map of the South Bluford —Geneva Service Area 2. Design Proposal from Barrios Engineering, LLC Financial Impact: Funding for the design will come from Fund 408 - Project Carry Forward with eventual construction funding also available in Fund 408. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading $ Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 N ai L a P_ �� �e o • \!j�jW Columbus St. E n E Columbus St. sop Proposed Reclaim Main Proposed Sewer Main \. / Phase I Proposed Force Main 1 Lift Station#70 Ir-------/ \ \ W Geneva St. E Geveva St. \ —\ Phase II co 0 1L 1 d. 1 I tai s 1 SHEET ACITY Ar Ariel a OhOEE eet >�. __ A S Bluford - Geneva J/ , ------- ---.....„---,.• ,,, %\:\ 1 of 1 Service Area ire/`������%%— ` IIP ' DATE: March 2019 SCALE: 1/25"= 1' �I�ki(i�Ipia� nnllll�����1 0 BARRIOS ENGINEERING LLC March 4, 2019 City of Ocoee Attn: Milen Womack, E.I. Development Engineer 150 N Lakeshore Drive,Ocoee, FL 34761 Cell:407-955-1000 mwomack@ocoee.org RE: Sanitary Gravity Sewer and Sanitary Force Main. S. Bluford Avenue between E. Columbus St. and W. Geneva St. Barrios Engineering, LLC (BE, LLC) is pleased to present the following proposal for the above referenced project for your review and approval. We have based this proposal on our discussions, the preliminary lay outs provided by the City of Ocoee on 3/1/19,and our knowledge of this site. In addition,this proposal is based upon an agreement between MAC4 Ventures, LLC and the City of Ocoee to provide design and engineering services for additional sewer capacity and reclaimed water services based on future anticipated capacity needed by the City of Ocoee. The City of Ocoee will reimburse MAC 4 Ventures LLC for any and all construction costs associations above and beyond the construction costs of the sewer design approved for Top Gun All Stars Training Center under the approved Large Scale Site Plan LS2018- 012. DESCRIPTION OF PROPERTY: The total land area to be developed under this agreement is reported to be approximately 1.0 acre; also referred to hereinafter as the "Subject Property". PROJECT OVERVIEW: This proposal includes civil engineering and permitting services for the proposed gravity sewer along S. Bluford Ave. between E. Columbus St. and W. Geneva St., calculating the additional 7 parcel connections provided by the City of Ocoee; a reclaimed water main design along S. Bluford Ave. between the Bluford/Geneva intersection and the NW corner of the Top Gun All Stars property, calculating the additional 7 parcel connections provided by the City of Ocoee; Force main connection design at the SE corner of Bluford and Columbus. In addition,this proposal includes coordination services with the City of Ocoee, Mac4 Ventures LLC,and the GC of construction activities and payment applications. PROJECT CRITERIA AND ASSUMPTIONS: • The Owner will secure and provide all financing for the development of the aforementioned Property including all associated development expenses. • The Owner will provide legal representation on an as needed basis to review and approve legal documents pertaining to the development of the Subject Property. Page 1 of 8 0 BARRIOS ENGINEERING LLC • The Owner will review and approve all documents pertaining to the development of the subject property(e.g. Development budget, lease agreement, etc.) • The Owner will order and provide to BE, LLC, a Geotechnical Engineering Report with analysis of existing soils conditions for placement of the proposed gravity sewer and package lift station. • Since an updated Soils/Geotechnical report was not available at the time of this proposal,we have assumed that soils conditions are adequate to support the proposed lift station. • The Owner will be responsible for all construction and development of the proposed project. BE, LLC shall design accordingly. CIVIL ENGINEERING SCOPE BE, LLC will prepare designs and drawings that will include the following items, prepared in accordance with local, state, and federal regulations: • Site Dimension Plan • Reclaimed water line • Sanitary Sewer Collection System • Relocation of electrical poles • Sidewalks and Related Appurtenances; and • Pavement repair design • Erosion Control Plan PURPOSE To provide site construction documents with a level of detail required to obtain jurisdictional approval, and to construct the proposed project.We expect that the contractor's skill level and experience with site development will allow him to construct the project with these plans and there will be a limited number of clarifications and interaction with BE, LLC. CIVIL ENGINEERING PERMITTING SCOPE BE, LLC will prepare and submit the required applications. Additionally, we will supply all prints and information necessary to procure permits. We will attend public and agency meetings as required. PURPOSE To obtain jurisdictional approvals for all specified site-work and utility elements. Page 2 of 8 0 BARRIOS ENGINEERING LLC CONSTRUCTION PHASE SERVICES SCOPE Barrios Engineering, LLC will coordinate all aspects of construction of the sanitary sewer and reclaimed water line with the general contractor. Also, BE will provide an opinion of probable cost for the construction of the proposed improvements. BE, LLC will also review contractors pay applications for accuracy and make recommendation to the city of Ocoee regarding pay amount and quantities. • Respond to Contractor RFI's • Provide As-Built Certification Upon Receipt of As-Built Survey • Review Shop Drawings PURPOSE To provide construction administration services as requested, during the construction phase. ADDITIONAL WORK NOT INCLUDED IN THIS BASE SERVICE CONTRACT The following work is not included in the base contract and shall be compensated for a pre-agreed amount, or on an hourly basis per the rate schedule: • Legal Representation • Geotechnical services • Structural Engineering for Retaining Walls(if required) • Environmental services (i.e. Environmental Audit and Asbestos Removal Analysis) • Wetland Delineation Services (if required) • Signs and sign permits • Special Presentations and Color Renderings • Traffic Studies and Traffic Impact Analysis • Any type of project financing • Remediation of any and all unforeseen environmental contamination (i.e. asbestos, and others) • Impact fees, plan approval fees, meter fees, and any other jurisdictional fees are NOT included in this proposal. • Tenant Turn Over Coordination • As-built survey by owner/contractor Page 3 of 8 0 BARRIOS ENGINEERING LLC WORK AND SERVICES PROVIDED BY OWNER • All permits, Utility, and Impact Fees • Wetland Delineation • Legal Representation • Geotechnical Report • Title Search • As-Built Survey COMPENSATION The compensation for"work provided by Barrios Engineering, LLC in Base Contract" shall be as follows: CIVIL ENGINEERING CONSTRUCTION DOCUMENTS Civil Engineering and Permitting Services $27,440.00 Boundary Topographic,and Utility Survey $8,238.00 Construction Phase Services $11,760.00 Reimbursable Expenses Flat Rate Fee (printing&plotting) $500.00 Total $47,938.00 Once fully engaged by signature below, we will promptly proceed with the services approved within this proposal. The balance of payments due shall occur as follows: Civil Engineering Services 50% upon completion of civil and drawings and first submittal to the City of Ocoee for permit 25%upon first resubmittal to the County for site permit; and 25%upon receipt of all Permits REIMBURSABLE EXPENSES Direct project expenses such as printing and plotting(plans),etc.,shall be invoiced as a lump sum amount of five hundred dollars ($500.00). We thank you for the opportunity to present this proposal, and look forward to working with you on a successful project. Page 4 of 8 0 BARRIOS ENGINEERING LLC Barrios Engineering, LLC V1 ` Carlos A. Barrios, PE Manager Owner Approval Your signature below indicates that you have read and understand the terms of this proposal and that you have the authority to execute and enter into this agreement. The signed original proposal together with the retainer deposit shall be immediately forwarded to Barrios Engineering, LLC at 605 Delaney Avenue, Orlando, Florida 32801. An electronic copy of the executed contract can also be e-mailed to igallman@stepehensbarrios.com. Agreed and Accepted by: Date (Title of company) By: (Signature) Page 5 of 8 0 BARRIOS ENGINEERING LLC ADDITIONAL TERMS AND CONDITIONS OF AGREEMENT Invoices shall be submitted monthly for work completed the previous month. Payment to BE,LLC shall be as per agreement for work completed by BE,LLC and in no way is payment to BE,LLC dependent upon a release schedule from Lender,unless previously agreed to by the parties. Payment is due within thirty(30)days or as per payment schedule. Amounts unpaid when due, shall bear interest from the date due at the rate of 3.0% per month or the maximum rate allowed by law, whichever is greater. Said interest rate shall continue after BE,LLC obtains a judgment against the client for the delinquent accounts. If additional efforts must be expended in collection, all cost relating to the collection process, including attorney's fees,shall be considered a direct project expense added to the outstanding balance. If any dispute arises between BE, LLC and the client out of or as a direct result of this Agreement,the prevailing party,as determined by the laws of Florida,shall be entitled to the award of attorney's fees and all costs associated with the dispute. If the owner fails to make payment to the BE, LLC in accordance with this agreement, such failure shall be considered substantial nonperformance and cause for termination or, at BE, LLC's option, cause for suspension of performance of services under this agreement and BE,LLC reserves the right to notify all applicable lending institution and agencies,in the case of nonpayment. This fee is based on a continual flow of work for the project. Repeated starting and stopping or lengthy waiting for the information may increase the project time resulting in the need for additional compensation. Projects canceled prior to completion shall be invoiced(hourly rates enclosed)for time expended up to the cancellation, plus all reimbursable project expenses. ADDITIONAL SERVICES It is BE, LLC's basic policy to avoid additional services beyond the base contract whenever possible. However, it is understood that if changes occur, and additional services materially change after the scope of the original program, BE, LLC's compensation shall be adjusted equitably. These additional services shall be agreed to by all parties before implementation and shall be invoiced on a pre-agreed amount or on an hourly basis as per the following rate schedule, Principal $250.00 Senior Project Manager $150.00 Project Designer $ 125.00 Project Coordinator $ 85.00 Senior CADD Technician $ 80.00 Project Assistant $ 50.00 Additional services performed by consultants shall be invoiced at cost plus 15% to cover the cost of coordination and Administration. BE, LLC will invoice hourly for coordination time involved with coordinating additional services from consultants. Page 6 of 8 0 BARRIOS ENGINEERING LLC INSURANCE BE, LLC Maintains the following insurance on behalf of its projects: • Comprehensive General Liability $1,000,000.00 EACH OCCURRENCE $2,000,000.00 AGGREGATE • Engineers Professional Liability $1,000,000.00 EACH OCCURANCE $2,000,000.00 AGGREGATE CERTIFICATES WILL BE ISSUED UPON REQUEST Any indemnification's,hold harmless agreement,or other clauses which determine the breadth of BE,LLC(or consultants) liability, shall be subject to review and approval by BE, LLC's insurance carrier prior to acceptance and inclusion in this contract. LOAN DOCUMENTS If the owner's financing agreement requires reviewing loan documents, site visits, review and approval of contractor payments applications,or other services BE,LLC is unaware of,then those services shall be invoiced additionally for a pre- agreed amount or on an hourly basis per the rate schedule. CERTIFICATIONS The proposed language of certificates or certifications requested of BE, LLC or BE, LLC's consultants shall be submitted to BE,LLC for review and approval at least 14 days prior to execution. Request for certifications that would require knowledge or services beyond the scope of this agreement shall be invoiced additionally for pre-agreed amount or on an hourly basis per the rate schedule. JURISDICTION AND VENUE The Agreement and any and all disputes arising between these parties shall be governed by the laws of the State of Florida. The client hereby agrees that proper venue for any and all disputes arising from this Agreement or between the parties shall be brought in a court of competent jurisdiction in Orange County, Florida and waives all rights to pursue an action in a foreign jurisdiction. ENGINEER'S DRAWING AND DOCUMENTS All drawings,specifications,CADD disks and other documents prepared by the engineer in connection with the project shall be the property of the engineer and the engineer shall retain all common law,statutory or other reserved rights therein, until such time as they have been paid in full for all charges for the required services and authorized additional services,at which time ownership and other rights shall pass to the designee. Page 7 of 8 0 BARRIOS ENGINEERING LLC The engineer will retain copies of all documents prepared by it for record purposes. Designee shall indemnify and hold harmless the engineer form and against any liability or expense whatsoever resulting from the use of such documents or any portion thereof for any other purpose. It is understood that BE, LLC shall have the right of first refusal(which shall not be unreasonably withheld)for any future projects relating to the use of these plans. CONSTRUCTION COST Evaluations of the owner's budget for the project,the preliminary estimate of the cost of work prepared by the engineer represent the engineer's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the engineer nor the owner has control over the cost of labor, materials or equipment,over the contractor's methods of determining bid prices,or over competitive bidding, market or negotiating conditions. Accordingly,the engineer cannot and does not warrant or represent that bids or negotiated prices will not vary from the owner's budget for the project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Engineer. LIMITATION OF LIABILITY A. The client hereby agrees that,to the fullest extent permitted by law,the consultant's total liability to the client and all others for any and all injuries, claims, losses, expenses, damages(including consequential damages), or claim expenses arising out of the agreement or its breach,from any cause,shall not exceed the total amount of the engineering fee. Such causes include, but are not limited to,the consultant's negligence, errors,omissions, strict liability,breach of contract and breach of warranty. B. The client agrees to defend, indemnify and hold the consultant harmless from all claims for liability in excess of the limits set forth in paragraph A above,for injury or loss sustained or alleged by any person or entity,whether a party to the agreement or not and allegedly arising out of the consultant's performance or services. C. BE,LLC's comments on this property are not meant to confirm the absence of asbestos,PCB's,toxic or hazardous soils or substances. A specialized expert investigation is recommended to attempt to verify the existence of these elements. D. BE, LLC will not have control over or be responsible for construction means, methods, safety precautions and programs in connection with the work,nor will BE,LLC be responsible for the contractors'failure to carry out the work in accordance with the contract documents. E. Individual Employees or Agents of Barrios Engineering, LLC may not be held individually liable. VALIDITY This contract is valid for sixty(60)days and is subject to adjustment thereafter. Should the owner wish to use a contractual agreement other than this one, BE, LLC reserves the right to adjust fees accordingly, based on the terms,conditions and scope of services described in any such agreement. Page 8 of 8