HomeMy WebLinkAboutItem #13 Approval of Ocoee Crown Point PUD Modification of Permit for Wetlands Mitigation
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AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
David A. Wheeler, P.E.
407 -905-3100, ext. 1505
Meeting Date: April 6, 2010
Item # ~3
Reviewed By: ~., ~/ /J_
Department Director: ~ ~
City Manager:
Subject: Ocoee Crown Point PUD Modification of Permit for Wetlands Mitigation and
Surveying of Orange County Public School's Property
Background Summary:
The City of Ocoee, in partnership with the Orange County Public Schools (OCPS), purchased the Coke
Property in 1998 with the intent of developing the property into a multi-use development consisting of
residential, commercial, and educational parcels some to be owned by the City and some to be owned by
OCPS. The City employed VHB, Inc. to plan and develop a joint master plan for the property and to determine
what permits would be needed from the St. Johns River Water Management District (SJRWMD) and the Army
Corps. Of Engineers (ACOE) while working in and/or around the wetlands adjacent to Lake Apopka and its
tributaries. As part of the overall project, a wetlands mitigation plan was proposed to SJRWMD and ACOE that
would require mitigating some land adjacent to Staten Branch, one of those tributaries, to offset the proposed
work for the overall project. That mitigation plan generally included the clearing and grubbing of approximately
2.5 acres of land along the south side of Staten Branch, planting that cleared land with wetland species plants,
maintaining that land and those plants for a five year period and providing annual reports to both agencies. The
mitigation and monitoring work was authorized by the City Commission on February 7, 2006, in the amount of
$142,780.00.
Using VHB, Inc. and City staff, the land was cleared and the wetland species were planted. However, because
of climatalogical variation over the past few years, the land has not been flooded with back water sufficient for
the plants to successfully survive. Because of this lack of meteorological activity and low water level in Lake
Apopka, VHB, Inc. and the City looked at re-c1earing and replanting plus possible additional options to explore.
Beginning anew would only add time and money to the project with no guarantee of getting either SJRWMD or
ACOE to sign off after the five years. The real issue has been the inability to create a man-made wetlands in
an area that has proven to be unsuitable for that purpose.
Since site conditions have hampered efforts to complete the wetland mitigation plan as required in the St.
John's River Water Management District (SJRWMD) Permits (4-095-83494-1 and 40-095-83494-2), and since
the current hydrological conditions in Staten Branch show that the sustainability of the wetland and buffer
mitigation areas is questionable, efforts to maintain these areas during the monitoring period will be costly and
the duration to achieve the District's success criteria unknown. SJRWMD staff has recommended a
modification of the listed permits to eliminate the enhancement provision in the permits and instead offer
preservation and offsite mitigation credits only, if necessary. Successfully modified permits will eliminate the
need to spend additional funds to reestablish the mitigation area that has died and to spend an estimated
$110,000 on maintenance, monitoring and reporting for the enhancement areas over the next five years. VHB,
Inc. and the City approached SJRWMD to review the site and the proposed plan and were able to develop an
alternative that would allow the wetlands mitigation to be performed as one process which would relieve the
City of the five year maintenance and monitoring program.
Additionally, OCPS has requested that boundary surveys be performed on the parcels required by agreement to
be transferred to OCPS and that a wetlands delineation survey be performed on Tract 12 (see exhibit A). The
Tract 12 survey will delineate the estimated limits of wetlands within the project boundary 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,
F.A.C.). The boundary survey for each of the three parcels identified on the attached exhibit (Exhibit A) should
follow the requirements set forth in Chapter 61 G17 -6 of the Florida Administrative code pursuant to Florida
Statutes, Chapter 472. This survey will include 1) a determination of the project boundaries based on
recovered field evidence and recorded documents supplied by the Client and 2) physically setting of all
boundary corners.
VHB, Inc. has presented a proposal that would cost $65,010.00 to complete the changes to the wetlands
mitigation program to allow for preservation and offsite mitigation credits. The monies already budgeted to
cover the five year maintenance and monitoring would cover this new alternative. SJRWMD has been very
receptive to this new approach and have been asking about our progress. VHB also included a proposal in the
amount of $15,700.00 for the wetlands and boundary surveying as requested by OCPS. The total amount of
this work is $80,710.00, which is less than the remaining authorization amount of $100,540.00. There are
sufficient funds left in the Ocoee Crown Point project budget to cover this expense.
Issue:
Should the City of Ocoee consider changing the wetlands mitigation program to allow for preservation and
offsite mitigation credits instead of the proposed five year maintenance and monitoring program and use the
remaining funds to perform field surveying and the preparation of legal descriptions to transfer required property
to OCPS.
Recommendations
The Development Services staff recommends that the City Commission accept the proposal from VHB, Inc. to
change the wetlands mitigation program for the Ocoee Crown Point PUD project to allow for preservation and
offsite mitigation credits and to perform field surveying including the preparation of legal descriptions to transfer
required property to OCPS.
Attachments:
VHB, Inc. Proposals
Financial Impact:
There would be no impact to the Ocoee Crown Point PUD project budget since the change in scope of work
required and the associated costs to perform that work are less than originally planned.
Type of Item: (please mark with an "x'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
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N/A
N/A
N/A
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ADDENDUM TO MASTER PLANNING AND ENGINEERING SERVICES FOR COKE PROPERTY
EXHIBIT U AU
City of Ocoee
Crown Point PUD Phase IB
ADDITIONAL SERVICES
March 18, 2009
Revised October 20, 2009
PROJECT DESCRIPTION
Site conditions have hampered efforts to complete the wetland mitigation plan as required in the St.
John's River Water Management District (SJRWMD) Permits (4-095-83494-1 and 40-095-83494-2). Also,
the current hydrological conditions in Staten Branch show that the sustainability of the wetland and
buffer mitigation areas is questionable. Efforts to maintain these areas during the monitoring period will
be costly and the duration to achieve the District's success criteria unknown. SJRWMD staff
recommended a modification of the listed permits to eliminate the enhancement provision in the permits
and instead offer only preservation and offsite mitigation credits only if necessary. Successfully modified
permits will eliminate the need to spend an estimated $110,000 on maintenance, monitoring and
reporting for the enhancement areas over the next five years, as well as saving an estimated $24,000 now
to attempt to bring the mitigation areas in compliance.
SCOPE OF SERVICES
Ocoee Crown Point PUD
VHB will provide the following services:
1.0 Wetland Mitigation Analysis for Wetland No.8 (Crown Point PUD Conceptual Permit)
. Review the extent and jurisdictional status of the previously delineated wetlands.
. Prepare a Preliminary Estimate of Probable Costs summarizing potential mitigation options
available for this project. The estimate will include, but may not be limited to, costs to
purchase off-site impact credits from an established mitigation bank and/ or on-site
enhancement or preservation. The estimate will be summarized in a brief letter report
detailing the mitigation options. Wetland Delineation, Agency Review, State or Federal
Permitting, Listed Species Evaluation is not included in this scope of service
2.0 Initial Environmental Permitting Analysis
VHB will conduct up to two site visits including one visit along with a representative of SJRWMD
to qualitatively assess the condition of the originally proposed mitigation areas and the areas
designated for future impact. An initial alternate mitigation plan will be formulated and presented
to SJRWMD verbally. One meeting with SJRWMD staff at their offices with two VHB
representatives (a senior project manager and a senior biologist) is included in this scope of
services.
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3.0 Environmental Permitting Assistance
2.1. St. Johns River Water Management District - Pre-Application Meeting
VHB will conduct one pre-application meeting with SJRWMD staff at their offices with
two VHB representatives, (a senior project manager and a senior biologist).
2.2. SJRWMD - Environmental Resource Permit - Conceptual
VHB will assist with the preparation and submittal of a SJRWMD Standard General
Permit Modification to Conceptual Permit (4-095-83494-1). The permit modification will
revise wetland impacts as well as the associated mitigation program authorized in the
permit. The application will include the following:
. Detailed Mitigation Analysis consisting of both UMAM and Ratio
comparisons for both wetland impacts and mitigation
. UMAM data sheets
2.3. Environmental Resource Permit - Construction
VHB will assist with the preparation and submittal of a Standard General Permit
modification to Standard General Environmental Resource Permit (ERP) 40-095-83494-2.
The application will include the following:
. Complete Sections A, C and E of the ERP Application
. Revised Mitigation Plan
. Supporting Documentation
. Supporting Exhibits and Figures
As necessary and appropriate, VHB will respond to one (1) SJRWMD request for
additional information (RAI) and meet with staff to review responses to RAI. VHB will
conduct a review of the site with the SJRWMD to verify the wetland and upland
mitigation areas as well as the existing wetland impacts.
2.4. Armv Corps of Engineers - Section 404 Dredge and Fill Permit
VHB will assist with the preparation and submittal of a General Modification to Army
Corps of Engineers (A CO E) Individual Permit Number 2002-03007 (IP-EB). The
application will include the following:
. Complete Sections A, C of the ERP Application
. Revised Mitigation Plan
. Supporting Documentation
. Supporting Exhibits and Figures
As necessary and appropriate, VHB will respond to one (1) ACOE request for additional
information (RAI) and meet with staff to review responses to RAI.
VHB will conduct a review of the site with the ACOE to verify the wetland and upland
mitigation areas as well as the existing wetland impacts.
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4.0 Conservation Easement Legal Description
lt is assumed that the modifications to the mitigation areas will result in a modified conservation
easement boundary. VHB will prepare a revised sketch and legal description in compliance with
Chapter 61G17-6 of the Florida Administrative Code and the requirements for recording in the
public records of Orange County, Florida.
5.0 Miscellaneous Services
VHB will assist the City of Ocoee staff during the process of modifying the above referenced
permits. Services may include:
. Project team meeting attendance (two meetings with one VHB professional is included in
this budget).
. Communication with the City Attorney and other City representatives regarding the
conservation easement preparation and dedication to the District.
. Attendance at one City Commission meeting to present the proposed permit
modifica tion.
Work under this task will be performed on an hourly basis. We have established an initial budget
for this task and will advise the Client should the scope of work require an adjustment to the
budget. Should this occur, VHB will submit an amendment to this agreement.
COMPENSATION
VHB will perform the Scope of Services contained in this Addendum on an Hourly, Upset Value basis at
the standard hourly billing rates in effect at the time the work is performed. The Hourly, Upset Value fee
for this Scope of Services is $65,010 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
the professional service.
REIMBURSABLE EXPENSES
In addition to the Upset and Subcontract Fee, 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 telephone
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.
CLIENT-FURNISHED INFORMATION
lt is understood that VHB will perform services under 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, as requested by Consultant:
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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
Should work be required in 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.
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Exhibit JIB"
ADDITIONAL SERVICES
Task No. Task Description Fee Est. Reimbursables Total Fee II
Fee
1.0 Wetland Mitigation $2,000 $200 $2,200
Analysis for Wetland No.8
2.0 Initial Environmental $8,900 $890 * $9,790
Permitting Analysis
3.0 Environmental Permitting -- --- ---
Assistance
SJRWMD - Pre-
3.1 Application $5,000 $500 * $5,500
Meeting
3.2 SJRWMD - ERP $14,600 $1,460 * $16,060
Conceptual
3.3 SJRWMD - ERP $11,900 $1,190 * $13,090
Construction
ACOE - Section
3.4 404 Dredge and Fill $6,500 $650 * $7,150
Permit
4.0 Conservation Easement $4,900 $490 * $5,390
Legal Description
5.0 Miscellaneous Services $5,300 $530 * $5,830
Total $59,100 $5,910 * $65,010
*Reimbursables (if any) will be included under the base contract.
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.
Client Authorization
Landmark Center Two
Suite 300
225 E, Robinson Street
Orlando, Florida 32801
o New Contract
Date
October 15, 2009
[8J Amendment No, 3
Project No.
60825.11
Telephone 407,839.4006
Fax 407,839.4008
W\\\\',\'hb,Clllll
Transportation
Land Development
Environmental Services
Project Name
Ocoee Crown Point
Environmental and Surveying Services
To:
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Cost
Estimate
Amendment
Contract Total
Labor
$15,700
Expenses
As Requested By
David A. Wheeler, P.E,
o Fixed Fee
o Cost + Fixed Fee
o Time & Expenses
o Other
Date
10/14/09
Estimated Date of Completion
11/15/09
Scope of Services:
1.0 Wetland Survey
VHB will conduct a Wetland Survey for Tract 12 as shown on the attached exhibit (Exhibit A). VHB will delineate the estimated limits of
wetlands within the project boundary 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, F.A.c.)
2.0 Boundarv Survev
VHB will perform a boundary survey for each of the three parcels identified on the attached exhibit (Exhibit A) in compliance with the
requirements set forth in Chapter 61 G 17 -6 of the Florida Administrative code pursuant to Florida Statutes, Chapter 472. This survey will
include I) a determination of the project boundaries based on recovered field evidence and recorded documents supplied by the Client and
2) physically setting of all boundary comers,
VHB will use this data as the basis of the published surveys, This survey will show the description of record for the included parcels as
described above and all wetland flags as located in the pervious task. The results will be published and made available to the project team
in AutoCAD digital format.
Not Included in Scope:
Permitting
Platting
Engineering Design
Topographic Surveys
Preparation of a Title Search
Separate Sketch and Legal Descriptions
Meetings and Other Representation
Other Environmental Studies such as Threatened and Endangered Species Reports
Two originals of this Al/thorizationneed to be execl/ted. One original needs to beforwarded to Accol/nting Contract Files.
COMPENSATION
VHB will perfoml the Scope of Services contained in this Agreement on a lump sum basis. The total lump sum fee for this Scope of Services is
$15,700 allocated as follows:
Task
Lump Sum Fee
1.0 Wetland Survey $ 1,800
2.0 Boundary Survey $13,900
TOTAL $15,700
In addition to the labor compensation, VHB shall be reimbursed for expenditures made specifically for the project such as: printing and
reprographics; travel and subsistence; computer charges; telephone charges; shipping, postage, and courier service charges; purchase of maps
and similar documents; etc. These direct expenses will be billed at 1.10 times their actual cost. If subconsuItants and subcontractors are
engaged by VHB for this project and are, therefore, under contract to VHB, their services will be invoiced at I. I 0 times their actual cost. This
adjustment covers the additional expense of coordination! administration, In lieu of a retainer for this contract, the Client has agreed to make
payment within 15 days of receipt on an acceptable invoice.
Prepared By:
JFK
Department Approval:
Please execute this Client Authorization for Vanasse Hangen Brustlin, Inc, to proceed with the above scope of services at the
stated estimated costs, No services will be provided until it is signed and returned to VHB.
r8J Subject to attached terms & conditions,
o Subject to terms & conditions in our original agreement
dated
Vanasse Hangen BrustIin, Inc. Authorization
Client Authorization (Please sig/l origi/lal a/ld re/U",)
By
By
Title John R, Jennings, ASLA
Southeast Regional Manager
Date October 15, 2009
Title
Date
Two originals of Ihis Aullzorizalionneed 10 be execuled. One original needs 10 be forwarded 10 Accounting Contract Files,
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