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Home My WebLink AboutItem #06 Ocoee Crown Point PUD Professional Services AGENDA ITEM COVER SHEET Meeting Date: February 7, 2006 Item # (p Contact Name: Contact Number: David A. Wheeler, P.E. 407-905-3100, ext. 1505 Reviewed By: ,jj j a Department Director: .u. _~ Ii: City Manager: __ --=== =-- Subject: Ocoee Crown Point PUD Professional Services Background Summary: The City authorized our consultants, Vanasse Hangen Brustlin, Inc. (VHB), to prepare a Master Plan for the Ocoee Crown Point PUD property, Phase I Infrastructure design and construction services, and the addition of Phase IB design and construction services to meet the Lake Apopka Rule requirements. Specific Scope of Services for each phase was outlined for each of these professional service contracts. The fees associated with this work have been cost shared with the Orange County Public School as a partner in this venture. As part of the Phase 1 B construction of pond #3 and associated piping, additional gopher tortoise permitting is required. As each portion of the Ocoee Crown Point PUD development is constructed, gopher tortoise permitting is required because of their presence on the property and the requirements for protection as required by the Florida Fish and Wildlife Conservation Commission. It is estimated that the gopher tortoise permitting will cost $7,150.00. As part of the Phase 1 infrastructure permitting and construction, mitigation enhancement of the southern bank of Staten Branch was required by the Army Corps. of Engineers and the St. Johns River Water Management District. The attached Crown Point PUD Phase 1 Mitigation and Monitoring scope of services details the work to be performed and the related costs. It is estimated that mitigation and monitoring work will cost $142,780. This is more than the originally estimated cost of $123,969; therefore, the cost share with the OCPS will not be the 50/50 split per the First Amendment to the Interlocal Agreement. The Ocoee Department of Public Works is assisting in this work, by performing the clearing and grubbing of the vegetation in the mitigation enhancement area, to keep costs down to a manageable level. If the clearing and grubbing were not performed by the City, this work would be significantly more expensive. Issue: Should the Mayor and City Commissioners authorize funding for the additional services for the Ocoee Crown Point PUD? Recommendations Staff recommends that the Mayor and City Commission approve the two Addendums to VHB's Agreement for Professional Services for the Gopher Tortoise Permitting in the amount of $7,150 and Mitigation and Monitoring in the amount of $142,780 and authorize the Mayor and City Clerk to execute the Amendments. Attachments: Addendum to Master Planning and Engineering Services Crown Point PUD Phase 1 Gopher Tortoise Permitting Addendum to Master Planning and Engineering Services Crown Point PUD Phase 1 Mitigation and Monitoring Financial Impact: This work is funded from the Ocoee Crown Point PUD project fund and is cost shared with OCPS in accordance with the Interlocal Agreement and Amendments. For the gopher tortoise permitting the City's share is 60% or $4,290 and OCPS's share is 40% or $2,860. For the mitigation and monitoring OCPS's share will be the $61,984.50 and the City's share will be $80,795.50. Type of Item: (please mark with an "x') _ Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution X 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. R' db (Community eVlewe y Development) ~/31d- N/A N/A N/A 2 Commissioners Garv Hood. District 1 Scott Anderson, District 2 Rustv Johnson, District 3 Nancv J. Parker, District 4 Mavor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler, P.E., City Engineer DATE: January 30,2006 RE: Ocoee Crown Point PUD Professional Services ISSUE Should the Mayor and City Commissioners authorize funding for the additional professional services for Ocoee Crown Point PUD? BACKGROUNDIDISCUSSION The City authorized our consultants, Vanasse Hangen Brustlin, Inc. (VHB), to prepare a Master Plan for the Ocoee Crown Point PUD property, Phase I Infrastructure design and construction services, and the addition of Phase IB design and construction services to meet the Lake Apopka Rule requirements. Specific Scope of Services for each phase was outlined for each of these professional service contracts. The fees associated with this work have been cost shared with the Orange County Public School as a partner in this venture. As the City moves forward with the project from this point, two professional fee issues need to be resolved as follows: 1. As part of the Phase IB construction of pond #3 and associated piping, additional gopher tortoise permitting is required. As each portion of the Ocoee Crown Point PUD development is constructed, gopher tortoise permitting is required because of their presence on the property and the requirements for protection as required by the Florida Fish and Wildlife Conservation Commission. The attached Crown Point PUD Phase 1 Gopher Tortoise Permitting scope of services details the work to be performed and the related costs. It is estimated that the Gopher Tortoise Permitting will cost $7,150.00. This cost is split in accordance with Second Amendment to Interlocal Agreement Regarding Coca-Cola Property with Orange County Public Schools. The City's share is 60% or $4,290 and OCPS's share is 40% or $2,860. 2. As part of the Phase 1 infrastructure permitting and construction, mitigation enhancement of the southern bank of Staten Branch was required by the Army Corps. of Engineers and the St. Johns River Water Management District. The attached Crown Point PUD Phase 1 Mitigation and Monitoring scope of services details the work to be performed and the related costs. It is estimated that mitigation and 1 monitoring work will cost $142,780. This is more than the originally estimated cost of $123,969, therefore the cost share with the OCPS will not be the 50/50 split. OCPS's share will be the $61,984.50 and the City's share will be $80,795.50. The Ocoee Department of Public Works is assisting in this work, by performing the clearing and grubbing of the vegetation in the mitigation enhancement area, to keep costs down to a manageable level. If the clearing and grubbing were not performed by the City, this work would be significantly more expensive. 2 . Transportation Land nevelopment Env;ronmental . _~ <G; [g n~:f ~ m\ I ';-'::;l.;~."""'-V~"';"'.'^_~'_"'_'_Z'~_'.......~.>~.y,_.._",_. '._, ~ 'I \,' I ) '; j~ ~ I . ; .- I ! DE" .~. _,'d''- , l, : ,': Lv';:) . ' I Imagmatlon I mnovatlon I energy Creating results fo our cli~veH<!fit'5 for'Ot:IT-eommunities . . Services CD December 12, 2005 Vana.\'se Hangen Rrustlin, fnc Ref: 6082502 David Wheeler City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 Re: Ocoee Crown Point Phase 1B Incidental Take Permit and Phase I Mitigation Dear Mr. Wheeler: Enclosed are the proposed contract amendments for the following services: 1. Ocoee Crown Point Phase IB Incidental Take Permit - This is to provide assistance for the acquisition of an incidental take permit for the gopher tortoises on the Phase 1B site. 2. Phase I Mitigation - This is a comprehensive proposal to provide all on the services associated with the mitigation of the wetland impacts associated with Phase I. Please let me know if you have any questions. Thank you. Very truly yours, VANASSE HANGEN BRUSTLIN, INe. II;i/: I ' ( . ,,' ",c>--7 ~sep . . Kolb, Jr., P.E. \ Dirjctor of Land Development \ JFJ:rjo ~nclosure \ \ \6082502\docs\letters\Wheeler 12-12-0S.doc 135 West Central Boulevard Suite 800 Orlando, Florida 32801-2476 407.839.4006 . FAX 407.839.4008 email: info@vhb.com www.vhb.com ADDENDUM TO MASTER PLANNING AND ENGINEERING SERVICES FOR COKE PROPERTY EXHIBIT "A" CITY OF OCOEE CROWN POINT PUD PHASE I GOPHER TORTOISE PERMITTING December 12, 2005 SCOPE OF SERVICES 1.0 Gopher Tortoise Incidental Take Permit Application An "Incidental Take Permit" will be sought from the Florida Fish and Wildlife Conservation Commission. The following tasks will be performed under this scope: · A map of suitable gopher tortoise habitat will be prepared according to the guidelines found in Guidelines for Gopher Tortoise Relocations Memorandum dated August 22, 2001 from the Florida Fish and Wildlife Conservation Commission (FWC), for the project area (Pond 3 construction limits). · A field survey will be performed to determine the limits of construction for Stormwater Pond 3. · VHB will prepare and submit the Gopher Tortoise Incidental Take Permit Application to the FWC, including results of field survey.* · VHB will coordinate with FWC for a site inspection and processing of the application including the responses to agency requests for additional information. * Client shall be responsible for any fees associated the permit application and incidental take fees. 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 $7,150 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. 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 CD P:16082502ldocslcontractlArnendrnenl 12-8-05.doc - 1 - 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 one (1) times their actual cost. CLIENT-FURNISHED INFORMA nON 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, as requested by Consultant: 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. - P:16082502ldocslcontractlAmendment 12-8-05.doc - 2 - Exhibit "B" ADDITIONAL SERVICES Task No. Task Description Fee Est. Reimbursables Fee Total Fee 1.0 Gopher Tortoise Incidental $6,500 $650 $7,150 Take Permit Application Total $6,500 $650 $7,150 CD P:16082502ldocslcontractlArnendrnent 12-8-05.doc - 3 - IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals, or caused these presents to be signed by their proper officers on the day and year first written above. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , . FOLEY & LARDNER By: City Attorney Printed Name: Printed Name: CD P:\6082502\docs\contract\Signature page 9-14-05.doc CITY: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , UNDER AGENDA ITEM NO. CONSULTANT: VANASSE HANGEN BRUSTLIN, INC., a Massachusetts corporation Name: Title: Date: 135 West Central Boulevard, #800 Orlando, Florida 32801-2476 (SEAL) Page 2 of2 ADDENDUM TO MASTER PLANNING AND ENGINEERING SERVICES FOR COKE PROPERTY EXHIBIT "A" CITY OF OCOEE CROWN POINT PUD PHASE I MITIGATION AND MONITORING December 12, 2005 SCOPE OF SERVICES 1.0 Staking Clearing Limits For Crown Point. At the Client's direction, VHB previously published a sketch of Enhancement Area 2, a copy of which is attached hereto as Exhibit A. Under this task, VHB will stake the eastern limits of the wetland enhancement area depicted on Exhibit A (approx. 3000 1.f.). Staking will consist of placing 1"xl"x48" wood flag stakes at line intersections, and not more than 100' apart. It is assumed that this staking will be performed in a single phase of work. 2.0 Erosion Control Installation As a convenience to the Client, VHB will contract with a subconsultant to provide erosion control for the mitigation area. VHB will not direct, supervise or influence their work activities or product. The erosion protection measures will include 4,837 LF of silt fence and 939 LF of turbidity barrier. 3.0 Erosion Control Monitoring and Maintenance VHB will monitor the erosion control measures for the mitigation area in accordance with the NPDES permit. If necessary, VHB will maintain the erosion control devices (i.e., repair silt fence and turbidity barriers). 4.0 Coordination for Clearing and Grubbing The clearing for the mitigation area will be performed by the City of Ocoee. VHB will coordinate with the City and the mitigation contractor to facilitate the start of this phase of the project. 5.0 Mitigation - Plant Material and Installation As a convenience to the Client, VHB will contract with a subconsultant to provide the plant material and installation for Mitigation Area No.2 as indicated on the SJRWMD permit. VHB will not direct, supervise or influence their work activities or product. The following plant material will be installed: 118 (3 gal) Laurel Oak 90 (3 gal) Wax Myrtle 90 (3 gal) Slash Pine .are root) Cordgrass P:\6082502\docslcontractlAmendrnent 11-23-05.doc - 1 - 28 (3 gal) Red Maple 28 (3 gal) Sweetgum 6050 (bare root) Softrush 2420 (bare root) Maidencane 6.0 Mitigation 5-Year Maintenance As a convenience to the Client, VHB will contract with a subconsultant to provide maintenance for the mitigation area. VHB will not direct, supervise or influence their work activities or product. The following wetland maintenance services will be performed at Crown Point PUD Staten Branch Creek (Fig 13 Sec B - see attached): 29 treatments will be provided over a five year period to maintain nuisance and exotic species coverage to less than 10%. Year (1) Year (2) Year (3) Year (4) Year (5) 6 monthly treatments and 3 bimonthly treatments 6 bimonthly treatments 6 bimonthly treatments 4 quarterly treatments 4 quarterly treatments 7.0 Vegetative and Hydrological Monitoring and Reporting · Vegetative Monitoring Monitoring of vegetation establishment will occur along linear transects established within the wetland enhancement areas. The beginning and endpoints and the centerline of each transect will be permanently marked at 50-foot intervals with PVC pipe over rebar. The percent cover and species composition of the groundcover will be assessed within fixed plots along each transect. The plots will be offset to the right or left of the centerline on an alternating basis every 50 feet. The first plot will be located on the right side of the transect centerline. The species composition and percent cover of the groundcover will be determined within a 1m x 1m plot. Groundcover is considered to be all herbaceous species and those woody species up to one meter in height. The percent cover of each species rooted within each plot will be visually estimated. The percent cover of bare ground and open water will also be recorded. Tree data will be collected within la-foot wide belt transects centered along the herbaceous transects. Each tree within the belt transect will be identified, tagged and measured for height and cover. Field data will be analyzed to determine tree cover, average height and density. Color photographs will be taken at permanent photographic stations established at each transect. A baseline monitoring event of proposed enhancement areas will be performed at least thirty (30) days after plant installation. Baseline monitoring will include the establishment and marking of all transects and plots within enhancement wetlands, tagging of planted trees and performance of vegetation monitoring as described above for enhanced wetlands. CD P:16082502ldocslcontractlAmendrnent 11-23-05.doc - 2 - Success monitoring will be conducted quarterly for one year after the baseline- monitoring event and at six (6) month intervals, i.e., semi-annually for the following two years and annually for two years. Success monitoring will continue for a five-year (5) period. · Hydrologic Monitoring Water Level: A staff gauge will be installed within Enhancement Area 1. The "zero" or bottom elevation of the staff gauge will be surveyed by registered land surveyor prior to initiation of monitoring. Rainfall: Rainfall data will be gathered from the nearest NOAA or SJRWMD rain gauge station. The water level at the staff gauge will be recorded during monitoring events and monthly for July, August and September. Rainfall data collected from local sources and monthly amount determined. Hydrologic monitoring will be initiated within thirty days following completion of construction of mitigation construction and planting and will continue for 5 consecutive years. . Reports A report of the results of the baseline monitoring will be submitted within sixty (60) days following completion of the baseline event. Subsequently, an annual report will be prepared for the vegetation monitoring program. Each report will provide the results of the vegetative monitoring and copies of the color photographs. Each report will also include an evaluation of the mitigation areas relative to the success criteria. Each annual report will be submitted within sixty (60) days after completion of the final monitoring event for that year. 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 $142,780 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. 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 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 one (1) times their actual cost. e P:16082502ldocslcontractlAmendment 11-23-05.doc - 3 - 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, as requested by Consultant: 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. e P:\6082502\docs\contractlAmendrnent 11-23-05.doc - 4 - Exhibit liB" ADDITIONAL SERVICES Task No. Task Description Fee Est. Reimbursables Fee Total Fee 1.0 Staking Clearing Limits For $5/000 $500 $5/500 Crown Point 2.0 Erosion Control Installation $11/000 $1/100 $12/100 3.0 Erosion Control Monitoring $6/000 $600 $6/600 and Maintenance 4.0 Coordination for Clearing $1/500 $150 $1/650 and Grubbing 5.0 Mitigation - Plant Material $14/900 $1,490 $16/390 and Installation 6.0 Mitigation 5- Year $40/000 $4,000 $44,000 Maintenance 7.0 Vegetative and Hydrological $51/400 $5/140 $56,540 Monitoring and Reporting Total $129/800 $12/980 $142,780 CD P:16082502ldocslcontractlAmendrnent 11-23-05.doc - 5 - IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals, or caused these presents to be signed by their proper officers on the day and year first written above. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of '-" FOLEY & LARDNER By: City Attorney Printed Name: Printed Name: e P:\6082502\docs\contract\Signature page 9-14-05_doc CITY: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , UNDER AGENDA ITEM NO. CONSULTANT: VANASSE HANGEN BRUSTLIN, INC., a Massachusetts corporation Name: Title: Date: 135 West Central Boulevard, #800 Orlando, Florida 32801-2476 (SEAL) Page 2 of2 , . : i \ \.; . . ".-' EXHIBIT A : j ji' ',~:!!li' .: ~ . .1/,:. ~"J';.~;~ ,:/" I: -".("i,:'~ , ;' ; (', 'i,/ /', " ',:':\;:f' .' ,;;;:~~It~':~;- ,".~,,~~..,-.. vt~~. ", \. \_\,\\,\~;: \' \. .~;; '; ! . I.,' '. '_ . il .: ,:: ~,~ . - ;' i \ : ' ---.. ~ ~ ~"-',' /,". ..~:.>--;~~:. .' , ~ ,.':,., ~;.... ;( I:":, ';'/ , ~ \ :;__R._..... , ." ,.---B"~. _ '. , .' / ~.. " ! , / \ ,. f!' , , . .' ~. '.~ J -,. -' , ) .J. , \. '--...' , " , " ", il " !~ , f;''J .i-.~ :1' '; iI I" ... , , , fl .-~'-'-- ',/ ~:: '-. ":.1 .. "~I )~ ,. ~~ ~ \ \ , , "": . ~,:;3:,-"~ <J ,1..// r:~/ ;;l " , -.' ! " I JO o 300 600 I R:J=Di . WEILAND ~ ENHANCEMENT D. '" WETlAND '" '" PRESERVATIo.N SCALE IN FEET o PHoro STATION POSE: Environmental Pennitting UM: NOVO Figure 11 ENHANCEMENT AREA 2 PLAN VIEW . ~CENr PROPERTY OWNERS: Holding Sauthea.slloi:OlpOl'llcd rd B. Lclkawil>, l'r=Iicl=l :=;1 Tower Boulevord, Suite 260 lo,FL32!IQ City o(Oeo,", 150 North Lakoshore Drive DcaCt:, fl 34761 Vacuse H""gc:a Bnutlill, IDe Tl'DIt..-l.ti... I.IIftIlf a..dapn'Mlt b...._.dals.,.."c"... ", 1.35 W. C.,tn! II...... s..lt.,1DII Q1llr\1tQ, I'\. 32801 (~IDI.::'COI. A T: CROWN POM PUD OCOEE, fl COUNTY Of: ORANGE' STATE: fl APPlICA nON BY: CITY Of OCOEE REVlSlON: 08130/02 . DATE: 05101/01 \l. ~ ~i .dUdlpermit5182s..En"anceAtea2 dwg OBI22I2002 01 :3':5' PM IIFLORMAIL\cfI-la. LD f[ -I