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Home My WebLink AboutVII (E) Proposed Amendment to VHB Professional Services Contract for Due Diligence of Poer Property Agenda 5-06-2003 Abe Center of Good Li P Item VII E P2 Mayor Commissioners S. Scott Vandergrift /"� Danny Howell, District I y� -� Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Jim Gleason — ' Nancy J. Parker, District 4 STAFF REPORT DATE: April 28, 2003 TO: The Honorable Mayor and City Commissioners FROM: Jennifer Willman, Senior Planner r THROUGH: Russell B. Wagner, AICP, Community Development Director SUBJECT: Proposed Amendment to VHB Professional Services Contract for Due Diligence of Poer Property ISSUE Should the Mayor and City Commissioners approve an amendment to the Coca-Cola property Master Planning and Engineering Services Agreement with Vanasse Hangen Brustlin, Inc. (VHB) to conduct due diligence of the Poer property? BACKGROUND: The City entered into a contract with VHB on June 19, 2001, to provide a full range of professional services to master plan the Coca-Cola property in partnership with Orange County Public Schools (OCPS). On October 1, 2002, the City Commission authorized an amendment to the contract for design of infrastructure improvements to support the high school. On March 4, 2003, the City Commission approved the Agreement for Sale and Purchase between Joanne M. Poer and the City of Ocoee and authorized the City staff to pursue necessary due diligence investigation with respect to the real property (-34.6 acres) believed to be suitable for residential development and incorporation into Crown Point PUD. To complete this investigation of the Poer property, another amendment to the VHB contract is needed. VHB's cost proposal for conducting due diligence of the Poer property is $15,070 plus expenses allocated as shown in draft addendum Exhibit "B" attached. This amount would be paid out of the Coca-Cola property bond money. DISCUSSION: The City's decision to purchase the Poer property is dependent upon the investigation findings. VHB's scope of civil engineering and environmental services include site assessment, constraints analysis, aerial photogrammetry, and due diligence report. (See draft addendum Exhibit"A".) VHB will evaluate the feasibility of adding the Poer property to Crown Point PUD. Staff will report back to City Commission with investigation findings prior to the expiration of the Inspection Period under the terms of the Agreement for Sale and Purchase. At that time, the City Commission can make a final decision on acquisition of the Poer property. April 28, 2003 Honorable Mayor and City Commissioners Page 2 of 2 STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve the attached amendment to the Coca-Cola property Master Planning and Engineering Services Agreement with VHB to conduct due diligence of the Poer property. JLW Attachment: Addendum to VHB Master Planning 8 Engineering Services for Coke Properly(Exhibits"A"8"B") O:\Staff Reports\2003\SR03037 CC.doc ADDENDUM TO MASTER PLANNING AND ENGINEERING SERVICES FOR COKE PROPERTY EXHIBIT "A" CITY OF OCOEE POER PROPERTY DUE DILIGENCE PHASE— ALTERNATE #2 CIVIL ENGINEERING AND ENVIRONMENTAL SERVICES March 19, 2003 Vanasse Hangen Brustlin (VHB) shall provide civil, environmental and surveying services for the Due Diligence phase of the Poer Property project. This task shall include the following: 1.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT VHB will conduct an ASTM Phase I Environmental Site Assessment in accordance with ASTM E 1527-00 standards for environmental site assessments at the site referenced above. The assessments will be conducted to identify Recognized Environmental Conditions based on a review of available environmental information and observations for overt evidence of a release or threat of a release of oil and/or hazardous materials on or in the vicinity of the Site. VHB will perform the following scope of services: Regulatory File Review/Site History • Perform a computer database search of federal and state files. The federal databases will include the current Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS), National Priorities List (NPL), Resource Conservation and Recovery Act (RCRA) Treatment, Storage, and Disposal facilities (TSD), RCRA Generator, Emergency Response Notification System (ERNS) list, and Facility Index System (FINDS). The state databases will include the state equivalent CERCLIS list, Leaking Underground Storage Tanks (USTs), Solid Waste Landfill (SWL) and registered USTs. • Review available Florida Department of Environmental Protection (DEP) files at the local county offices, if applicable, to provide more information about reported releases of oil and/or hazardous materials on or adjacent to the property identified through the database search. The DEP files may provide additional information regarding past ownership; historic site usage; past usage, storage and disposal of oil and/or hazardous materials on and adjacent to the subject property; and other evidence of potential environmental impacts. • Review available municipal files to help confirm ownership history, past usage, past disposal practices, and utility information. Resources may include tax records, aerial photographs, Planning Department files, Building Department records, Fire Department records, and water and sewer department files. The site history review may also reveal reports of historic spills, disposal areas, or other past releases of oil and/or hazardous materials on or adjacent to the property. • Review property owner environmental records as they are made available, soil and groundwater data, geotechnical reports, and historic maps for the property. Interviews/Site Reconnaissance • If they are made available, VHB will interview property owner personnel and/or people knowledgeable about the Site for pertinent information regarding site history, known release of oil and/or hazardous materials, past use, storage, and disposal of oil and/or hazardous materials, past environmental violations, reports and/or related documentation; and any other relevant information. • Perform a site reconnaissance to observe the Site for overt evidence of a release or threat of a release of oil and/or hazardous materials. An interior and exterior inspection will be conducted on all on-site structures to observe for evidence of USTs, hazardous materials, hazardous waste, and water and wastewater. The surrounding property use will also be documented. Photographs will be taken during the site reconnaissance. ASTM Phase I Environmental Site Assessment Report • Prepare a Phase I Environmental Site Assessment report to document the findings of the assessment activities including known and potential environmental conditions and concerns. 2.0 Environmental Constraints Analysis • Obtain copies of current aerial photography (scale 1" = 200') of the project site from Orange County. • Submit a written request to the Division of Historic Sites regarding historical and archeological resources that may occur on-site for purposes of ACOE permitting. • Conduct a field survey to produce and prepare a Florida Land Use Cover and Forms Classification System (FLUCFCS) (FDOT 1999) map for purposes of the St. Johns River Water Management District (SJRWMD) permitting. The FLUCFCS mapping preformed by VHB will approximate the extent and configuration of existing vegetation and land use on the site. • Prepare a Post-Development FLUCFCS Map for purposes of the South Florida Water Management District (SJRWMD) permitting. Mapping will follow the Florida Land Use Cover and Forms Classification System (FLUCFCS) (FDOT 1999). - 2 - • Conduct a preliminary survey by general reconnaissance of the site for the occurrence or potential occurrence of protected species (threatened, endangered, or special concern). The approximate location of all observed protected species or their signs shall be identified on the FLUCFCS map or aerial photograph prints. Those species referred to as protected are listed under Florida Administrative Code 39-27.003-.005 and Florida Statue 581.185 and Code of Federal Regulation (50 CFR 17.11 and 17.12). • Delineate wetlands within the project boundaries with numbered flagging and/or stakes in accordance with methodologies outlined in the US Army Corps of Engineers (ACOE) Wetland Delineation Manual (1987) and the Florida Unified Wetland Delineation Methodology (Chapter 62-340, FAG.). Seasonal high and normal pool elevations will be marked in the field (two locations per wetland) within the delineated wetlands, if applicable. The approximate locations of the flagging will be plotted on an aerial photograph which shall be included in the report referenced below. 3.0 AERIAL PHOTOGRAMMETRY Using aerial photography, VHB will acquire topography of the site. A rectified digital image of the site will be provided showing the approximate ground elevation contours at a one-foot vertical spacing. The accuracy of the data is limited due to the extensive existing tree cover. Additional topographic data will be required prior to commencing site design. 4.0 DUE DILIGENCE REPORT VHB will conduct a preliminary due diligence review of the site consisting of the following: • Site visit to identify physical constraints/issues including, access, topography, etc. • Identify extraordinary infrastructure cost for the site based on known or readily obtainable information. • Review site access and vehicular circulation; identify potential traffic related permitting issues and potential off-site roadway improvements. • Confirm status of FEMA 100-year flood maps and their potential impact on the project. • Review utility availability, including services for water, sewer, gas, telephone, and electrical power. • Identify existing drainage patterns and provide a qualitative preliminary analysis of the water management requirements for the site. • Summarize review in a brief report. COMPENSATION VHB will perform the Scope of Services contained in this Addendum on a time and expense basis at the standard hourly billing rates in effect at the time the work is performed. The estimated Upset Limit for Labor for this Scope of Services is S15,070 allocated as shown in Exhibit"B". ADDITIONAL SERVICES Consultant will provide Additional Services upon written request from the Client. The scope and fee required for these services will be identified negotiated and supplemental agreement executed prior to initiation of the professional service. e.60P25',-z=""t.we,npacm,,,-_n12o7-19.03 ac: - 3 - REIMBURSABLE EXPENSES In addition to the labor compensation the Consultant shall be reimbursed for expenditures made specifically for the project such as: printing and reprographics; traffic counts; application/filing fees; out of County travel and subsistence; backhoe services for percolation testing; long distance telephones charges; shipping, postage, and courier service charges; purchase of maps and similar documents. These direct expenses will be billed at cost. If subconsultants and subcontractors are engaged by the Consultant for this project and are under contract to the Consultant, their services will be invoiced at their actual cost. The budget has been established as 10% of the contract amount. CLIENT-FURNISHED INFORMATION It is understood that VHB will perform services under the sole direction of the client In the performance of these services, VHB will coordinate its efforts with those of other project team members, the client's architect, and other consultants, as required. The client shall provide VHB with project-related technical data including, but not limited to, the following: • Legal Description of Property VHB will rely upon the accuracy and completeness of client-furnished information in connection with the performance of services under this Agreement. SERVICES NOT INCLUDED The following services are not anticipated and, therefore, not included in this Agreement at this time: • Boundary and Topographic Surveys of property • Geotechnical Analysis • Phase II Environmental Site Assessment • Conceptual Planning • Traffic Consulting • On-site development cost estimating Should work be required in these areas, or areas not previously described, VHB will prepare a proposal or amendment, at the client's request, that contains the Scope of Services, fee, and schedule required to complete the additional work items. - 4 - Exhibit "B" Poer Property— Due Diligence Phase Task No. Task Description Fee Est. Reimbursables Fee Total Fee 1.0 Environmental Assessment S2,000 $200 S2,200 2.0 Environmental Constraints S4,500 $450 S4,950 3.0 Aerial Photogrammetry $2,200 $220 S2,420 4.0 Due Diligence Report 55,000 S500 $5,500 $13,700 $1,370 S15,070 - 5 -