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HomeMy WebLinkAbout2017 05 08 Consent 303 Solary Canal Improvements GrantCOMMISSION AGENDA ITEM 303 REQUEST: Informational Consent X Public Hearings Regular May 08, 2017 KS BF Regular Meeting City Manager Department The Community Development Department requesting City Commission approval of: 1) SJRWMD grant funding in the amount of $195,555 and a project scope for water quality improvements at the Solary Canal Stormwater Treatment Area; and 2) authorization to execute a grant - funded task authorization with CDM Smith in the amount of $38,490 to complete the project design and permitting. SYNOPSIS: The City has a funding agreement with the St. Johns River Water Management District for up to $195,555 for water quality improvements at the Solary Canal Regional Stormwater Treatment Area. This agenda item defines the scope of work for the project and provides authorization to proceed with the design and permitting. CONSIDERATIONS: At the May 9, 2016 City Commission meeting, the Commission authorized entering into an agreement with the St. Johns River Water Management District ( SJRWMD) for funding of stormwater treatment improvements at the Solary Canal Regional Stormwater Treatment Area in an amount up to $195,555. The $195,555 was paid by Taylor Morrison through the City to SJRWMD as part of an agreement to allow Taylor Morrison to construct a stormwater pond on approximately 2 -acres of City property at the Solary Canal site. The Solary Canal site was originally purchased by SJRWMD and later conveyed to the City in conjunction with the construction of the Solary Canal Regional Stormwater Consent 303 PAGE 1 OF 3 - May 08, 2017 Treatment Area. The payment of $195,555 was based on the value of a reverter for the 2 -acre property that the City conveyed to Taylor Morrison for construction of a privately owned stormwater pond serving the Southern Oaks subdivision. . The City's agreement with SJRWMD provides funding for projects that "further the goals of the Lake Jesup Basin Management Action Plan (BMAP)" and "enhance the efficiency and effectiveness of the Solary Canal Regional Stormwater Treatment Facility." The City must complete any projects eligible for funding by July 20, 2018. . The scope of work for the proposed water quality improvements at the Solary Canal Regional Stormwater Treatment Facility include: • Retrofit of the existing outfall structure to include an up -flow filter containing filtration media; and • Construction of a sediment sump at the inflow to reduce sediment entry into the shallow stormwater treatment pond . Lake Jesup is an impaired waterbody that has excessive concentrations of phosphorous and nitrogen. Under the FDEP- mandated Total Maximum Daily Load program, the City is required to implement projects and activities that reduce phosphorous and nitrogen discharges from stormwater runoff. The proposed improvements are estimated to remove approximately 300 pounds of phosphorous and 1,200 ponds of nitrogen per year, which represents a significant reduction of the City's obligation. . The total cost for the design, permitting, and construction of the proposed improvements is estimated to use nearly all of the $195,555 available from SJRWMD. If the construction cost exceeds this amount, the project will need to be scaled back or the City could fund a portion of the project using Stormwater Utility funds. . CDM Smith is currently under contract with the City as a continuing engineering services consultant (RFQ# 001- 15 -1317). The cost for CDM to design and permit the proposed improvements is $38,490 and is expected to be complete by October 2017. The construction contract award is expected to occur in late 2017 and will require City Commission approval. FISCAL IMPACT: The cost of the design, permitting, and construction of the proposed improvements at Solary Canal is up to $195,555 and is funded entirely by SJRWMD. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives Consent 303 PAGE 2 OF 3 - May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ŽŶƐĞŶƚϯϬϯW'ϯK&ϯͲDĂLJϬϴ͕ϮϬϭϳ EXHIBIT A Contract i1zS M b L AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF WINTER SPRINGS FOR STORMWATER TREATMENT IMPROVEMENTS THIS AGREEMENT (the "Agreement ") is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District "), whose address is 4049 Reid Street, Palatka, Florida 32177, and the CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, Florida 32708 (the "City "). All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. WHEREAS, Lake Jesup is a Class 3 water body suitable for recreational use and the propagation and maintenance of a healthy, well - balanced population of fish and wildlife. Due to high levels of nutrients, Lake Jesup does not fully support these uses. Water quality restoration targets, called Total Maximum Daily Loads, have been adopted by the Florida Department of Environmental Protection and provide numerical water quality restoration targets for Lake Jesup. WHEREAS, In December 2009, the District and the City joined in a cooperative effort to construct the Solary Canal Regional Stormwater Treatment Facility to improve the water quality in Lake Jesup. The facility was primarily funded by state of Florida's Florida Forever and Ecosystem management trust funds. WHEREAS, the District donated and conveyed the property on which the facility was constructed to the City in conjunction with the City agreeing to construct and maintain the Solary Canal Regional Stormwater Treatment Facility. WHEREAS, the conveyance of the property was subject to a reversionary interest in favor of the District that is set forth in the quit -claim deed. The first such interest provides that the ownership of the property will revert back to the District if the facility was not built, and the second provides that ownership will revert back to the District if the facility is not actively operated. There is also a provision in the deed allowing the release of the reverters and a means for calculating their value. WHEREAS, the City is seeking the release of the reverters on an approximate two acre portion of the property that is not contained within the footprint of the treatment facility in order to permit the construction of a dry retention pond for the handling of stormwater from a planned subdivision adjacent to the facility, and has agreed to pay the District the value of the reverter on the approximate two acres in the amount of $195,555. WHEREAS, upon payment of the $195,555, the District desires to allocate that payment for additional improvements to the Solary Canal Regional Stormwater Treatment Facility or other projects that further the goals of the Lake Jesup BMAP. WHEREAS, the City has agreed to construct said improvements in accordance with the terms and conditions of this Agreement. In consideration of the above recitals, and the funding assistance described below, The City agrees to perform and complete the activities provided for in the Project Descriptions. The City shall complete the Projects in conformity with the contract documents and the Descriptions. The parties hereby agree to the following terms and conditions: Contract 1�* X 1 L w Z 1. TERM The term of this Agreement shall be from the Effective Date, which is the date the last party to this agreement signs, to the Completion Date, which is two years after the Effective Date. Time is of the essence as to the completion of the approved projects for reimbursement from the funds that fund this Agreement. 2. AMOUNT OF FUNDING. For satisfactory performance of the Work, the District agrees to pay the City a sum not to exceed $195,555 (the "Total Compensation"). The total amount of all approved projects under this Agreement shall not exceed the Total Compensation. The compensation for each approved project shall be set forth in a Project Description (Attachment A) and billed in accordance with the terms of the Project Description. 3. FUNDING CONTINGENCY. This Agreement is at all times contingent upon the City making the payment to the District of $195,555 for the release of the reverters as stated above. 4. APPROVED PROJECTS (a) The City is responsible for planning, designing, and proposing projects that would qualify for Florida Forever funding and that further the goals of the Lake Jesup BMAP. The majority of these projects shall be designed to enhance the efficiency or effectiveness of the Solary Canal Stormwater Treatment Facility. Project proposals must be submitted using the Project Description form attached as Attachment A. The City will complete the projects within two years from the Effective Date unless otherwise agreed to by the parties in writing. (b) The District is responsible for reviewing the proposed projects, suggesting revisions if necessary, and, if the projects qualify for funding, providing a progress reporting schedule and project approval. (c) The approval of the projects will be documented on a Project Description form. It shall describe with specificity the project, the relationship to the Facility, the relationship to the benefits, location, quantity, work limits, time frames, deliverables, progress payments (if any), total cost, and any other matters pertaining to the Work. The City shall not proceed with any Work prior to the receipt of an executed Project Description. All Work shall be done to the satisfaction of the District's Project Manager and subject to the terms of this Agreement. 5. DELIVERABLES. The District does not assert an ownership interest in any of the deliverables under this Agreement. The City is responsible for the professional quality, technical accuracy, and timely completion of the Projects. The City shall provide or pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The District's Project Manager shall inspect and approve the project as complete before reimbursement. 6. PAYMENT OF INVOICES (a) Submittal. When approved projects are complete, the City shall submit itemized invoices by e- mail to acctpay @sjrwmd.com. Each invoice shall include copies of contractor's and materials invoices and be submitted in sufficient detail for proper pre -audit and post -audit review. If necessary for audit purposes, the City shall provide additional supporting information as required to document invoices. (b) Final Invoice. The final invoice must be submitted no later than 30 days after the Completion Date. (c) All invoices shall include the following information: (l) District contract number; (2) Project Description number; (3) City's name and address (include remit address, if necessary); (4) City's invoice number and date of invoice; (5) District Project Manager; (6) City's Project Manager; ('n 2 ContractLi?. S i Z (0 7, supporting documentation as to cost and/or project completion. Invoices that do not correspond with this paragraph shall be returned without action, stating the basis for rejection. Payment shall be made within 45 days of receipt of an approved invoice. (d) Payments. The District shall pay the City 100% of each approved invoice. (e) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of defective work not remedied or a material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. 7. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three business days' prior written notice to the other party. Written notice of change of address shall be provided within five business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; (4) e-mail or, (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one business day after having been deposited with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted and received. DISTRICT Derek Busby, Project Manager St. Johns River Water Management District 4049 Reid Street Palatka, Florida 32177 Phone: (386) 3294459 E -mail: Dbusby @sjrwmd.com CITY Brian Fields, City Engineer City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Phone: (407) 327 -7597 E -mail: Bfields @winterspringsfl.org (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Projects. 8. PROGRESS REPORTS AND PERFORMANCE MONITORING (a) Progress Reports. The City shall provide to the District Project bi- monthly progress reports. Reports will provide detail on progress of the Projects. Reports may be submitted in any form agreed to by the District's and the City's Project Managers, and may include emails, memos, and letters. (b) Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. The City shall make available to the District any data that is requested pertaining to performance of the Project. 9. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties without further obligation to the other party, except that all outstanding invoices submitted and approved under Section 6 shall be paid. 10. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense Contract G 1�5 ZbZ available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in §768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. ADDITIONAL PROVISIONS (Alphabetical) 11. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS. (a) Maintenance of Records. The City must preserve its books and other records involving transactions related to this Agreement and provide the District, or its duly authorized representatives, access and necessary facilities to inspect and audit those records for five years after the receipt of funds. If an examination or audit is performed, the City must continue to maintain all required records until such audit has been completed and all questions arising from it are resolved. The City shall refund any payment(s) that are found to not constitute allowable costs based upon an audit examination. (b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the District finds that the City has requested reimbursement for and has been paid funds for purposes other than as provided for herein. 12. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., the City shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap, or marital status. 13. DISPUTE RESOLUTION. The City is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the District's Office of General Counsel, which shall issue a written decision within ten business days of receipt. This determination shall constitute final action of the District and shall then be subject to judicial review upon completion of the Project. 14. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Putnam County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 15. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are independent entities and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent entities during and after the term of this Agreement. The City is not a contractor of the District. The District is providing funding to assist the City in accomplishing the Project. The City is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. The City is solely responsible for compliance with all labor, health insurance (Patient Protection and Affordable Care Act 42 U.S.C. §§ 18001, et seq.), and tax laws pertaining to the City, its officers, agents, and employees. Contract L lzS I ZLZ 16. INTEREST OF CITY. The City certifies that no officer, agent, or employee of the District has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of the City to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 17. NON - LOBBYING. Pursuant to §216.347, Fla. Stat., as amended, the City agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 18. PERMITS. The City shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. The City shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for funding. 19. PUBLIC RECORDS. Records of the City that are made or received in the course of performance of the Project maybe public records that are subject to the requirements of chapter 119, Fla. Stat. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and the City has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER CITY OF WINTER SPRINGS MANAGEMENT DISTRICT AnnB.ll e, MD., Executive Directo designee) Date: v -/ �0� O AS TO FOW AND LEGALITY fl Assistant General Counsel Attachment A — Project Description 5 Datt APP R AS TO FORM AND LEGALITY thony A. Garganese, City Attomey ATTACHMENT A (to be processed by the District as a "Work Order ") PROJECT DESCRIPTION (adjust line spacing as necessary) I. General background H. Description of Project Contract LPS 12-4-Z, Project Number M. Objectives and measure of success (include the relationship of the project to the Solary Canal treatment facility and the Lake Jesup BMAP) IV. Time Frames, Milestones, and Deliverables V. Budget and Cost schedule Submitted by: Brian Fields City of Winter Springs Date: 6 Approved by: Executive Director or Projects Division Director Derek Busby, Project Manager St. Johns River Water Management District Date: SOLARY CANAL STORMWATER TREATMENT AREA IMPROVEMENTS I. PROJECT BACKGROUND The City of Winter Springs is located entirely within the Lake Jesup watershed, for which a total maximum daily load (TMDL) has been established for nutrients. The Lake Jesup Basin Management Action Plan (BMAP), adopted in 2010, required the city to reduce total phosphorus (TP) loads to the lake by 1,539 Ibs /yr over a 15 -year timeframe. In January, 2017, the city (through a contract engineer) completed a technical memorandum (TM) (dated 01/02/2017) identifying potential projects to aid the city in attaining its BMAP targets. II. SCOPE OF WORK Three improvements to the city's existing Solary Canal Stormwater Treatment Area (Figure 1 below) were proposed to improve the nutrient removal capabilities of the facility including: 1. Retrofit of the existing interconnection between the two Stormwater Treatment Area ponds with a gabion weir containing filtration media, 2. Retrofit of the existing outfall structure to include an up -flow filter containing filtration media; and 3. Construction of a sediment sump at the inflow to the Stormwater Treatment Area (STA). Based on discussion with the city and further review of project design and construction budgets, it was determined that the project approach will include improvements 2 and 3 above. Improvement 2 will provide cost - effective nutrient removal. Improvement 3 will remove accumulated sediment (to the original design depth) from the inflow channel to the STA to improve efficient operation of the system. III. PROJECT ADMINISTRATION AND DELIVERABLES The Recipient shall be responsible for the following: Complete and obtain final project design, construction plans, and specifications; Obtain all required permits, including right of access to the project sites, related to project construction and subsequent operation and maintenance of the completed work; Assure compliance with all permits and permit conditions; • Provide procurement for project construction; • Perform supervision and inspection of construction; • Perform construction contract administration; • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended. The Recipient shall provide the following to the District's Project Manager: • A copy of Recipient's executed construction contract documents; • A copy of any subsequent change orders to the contract; • Timely invoices for actual construction costs (i.e. appropriate substantiation that demonstrates that the applicant has paid for the total work cost and is seeking reimbursement) to enable proper review by the District's Project Manager prior to payment authorization; • Monthly progress reports identifying project progress to date, key milestones reached, overall project schedule versus time for project completion, key issues to be resolved, project construction photos; monthly reports shall also be emailed to the District's Budget Manager at: mlicourt @slrwmd.com. • Certification of construction completion by a Professional Engineer registered in the state of Florida. The city shall ensure the tasks in the Task Identification section below are completed. IV. TASK IDENTIFICATION Task 1— Engineering Design This task includes all aspects of data and information gathering needed to produce engineering and design specifications needed to permit and construct the construction elements of the project. This includes but is not limited to: Topographic Survey Geotechnical Data Development of Contract Documents (e.g. Construction Drawings and Specifications and Engineer's Opinion of the Probable Construction Cost) Task 2 — Permitting This includes all necessary work to secure required permits from the Florida Department of Environmental Protection (FDEP) or other appropriate regulatory entitiy(ies). This includes but is not limited to: Coordination with FDEP Permit Application Task 3 — Project Management This task includes all activities required to maintain the project on schedule and within budget including but not limited to: Project Kick -Off and Progress Meetings Project Quality Management Provision of project status reports Development and timely submission of project invoices Task 4 — Construction This task includes all tasks needed to construct the project including site prep, maintenance of traffic, construction, site clean up and any other activities required to bring the project to a successful conclusion. V. TIME OF COMPLETION /SCHEDULE The total project effort must be completed prior to June 30, 2018. VI. BUDGET /SCHEDULE For satisfactory completion of the Project, the District shall pay the city $195,555. The city shall invoice the District monthly with appropriate documentation. Invoices shall include a copy of the contractor's invoices submitted to the city, proof of payment by the city, and other required supporting documentation for reimbursement. The city may choose to invoice less frequently but no more than quarterly. All invoices must be received within 45 days of contract expiration. The city may invoice for project related expenses (as delineated in this scope of work) beginning April 1, 2017. The city shall submit monthly progress reports to the District's Project Manager and the District's Budget Manager within 15 days of the end of each month for work accomplished during that month. The email address for the District's Budget Manager is mlicourt @sjrwmd.com. The city shall submit a final project report within 30 days of Final Completion and acceptance by the City of Winter Springs detailing the project's accomplishments and any issues resolved during the course of the work. Estimated Task Amount Anticipated Start Date Anticipated Completion Date Task 1— Engineering Design $26,780.00 November 30, 2017 January 30, 2018 Task 2 - Permitting $5,435.00 February 1, 2018 March 15, 2018 Task 3 — Project Management $6,275.00 November 30, 2017 June 30, 2018 Task 4 - Construction $157,065.00 March 30, 2018 June 30, 2018 Improvement 1 Retrofit interconnection with gabion weir containing filtration media k J, s ! lop l` Improvement Z Retrofit treatment wetland outfaII c ont rol structure with upflow filter containing filtration media j improvement 3 Remove sediment buildup at facility inflow structure and construct � sediment sump f, LMUJ T WN Legend N Project Area .;� Figure 1 olafy Canal STA Parcels Impioven gent Locations + { City of Minter Springs ofary Canal Stormwater Treatment Area Improvements 0 LSD 300 COM Smith EXHIBIT C TASK AUTHORIZATION NO. 2 FOR SOLARY CANAL STORMWATER TREATMENT AREA IMPROVEMENTS This Task Authorization, when executed, shall be incorporated in and become part of the Agreement for Professional Services between the City of Winter Springs (CITY), and CDM Smith Inc. (ENGINEER), dated February 26, 2015 hereafter referred to as the Agreement. I. PROJECT BACKGROUND The CITY is located entirely within the Lake Jesup watershed, for which a total maximum daily load (TMDL) has been established for nutrients. The Lake Jesup Basin Management Action Plan (BMAP), adopted in 2010, required the CITY to reduce total phosphorus (TP) loads to the lake by 1,539 Ibs /yr over a 15 -year timeframe. In January, 2017, the ENGINEER completed a technical memorandum (TM) (dated 01/02/2017) identifying potential projects to aid the CITY in attaining its BMAP targets. Three improvements to the CITY's existing Solary Canal Stormwater Treatment Area (Figure 1) were proposed to improve the nutrient removal capabilities of the facility including: 1. Retrofit of the existing interconnection between the two Stormwater Treatment Area ponds with a gabion weir containing filtration media; 2. Retrofit of the existing outfall structure to include an up -flow filter containing filtration media; and 3. Construction of a sediment sump at the inflow to the Stormwater Treatment Area (STA). Based on discussion with the City and further review of project design and construction budgets, the project approach will include improvements 2 and 3 above. Improvement 2 will provide cost - effective nutrient removal. Improvement 3 will remove accumulated sediment (to the original design depth) from the inflow channel to the STA to improve efficient operation of the system. This Task Authorization includes preparation of final design documents as well as preparation and submittal of the environmental resource permit (ERP) application for the proposed improvements. II. SCOPE OF WORK The following tasks define the Scope of Work for the design and permitting of the proposed Solary Canal Stormwater Treatment Area Improvements. The tasks include field data collection, survey, geotechnical investigation, preparation of final design plans and preparation of the ERP permit to be provided by the ENGINEER. TASK 1- FIELD DATA COLLECTION AND REVIEW Subtask 1.1- Topographic Survey The ENGINEER will perform the collection of detailed topographic survey information to further support design of the proposed improvements. The survey will establish a State Plane Coordinate (NAD 83/1990) 'Rith Page 1 of 7 4/14/2017 Improvement 1 Retrofit interconnection with gabion weir containing filtration media } . jI- :I. Improvement 3 Remove sediment buildup at facility inflow structure and construct ' sediment sump Improvement 2 Retrofit treatment wetland outfall control structure with upf low filter containing filtration media Legend N Project Area Figure 1 Solary Canal STA Parcels Improvement Locations City of Winter Springs Solary Canal Stormwater Treatment Area Improvements 0 150 300 600 900 1,200 CDM Feet Smith baseline for horizontal and vertical control, cross sections, soil borings location, and topographic contours in the vicinity of the project areas. The survey will establish a vertical datum (e.g., NAVD 1988) as mutually agreed by the City. The CITY will provide the ENGINEER with as -built drawings of the currently constructed system in an AutoCAD- compatible format. Topographic information for relevant structures (24 -inch RCP interconnecting the two site ponds, and the pond outfall structure) will be taken from as -built documents. The existing available survey will be used to the extent practical to reduce survey effort. The survey services will be provided by Southeastern Surveying & Mapping Corp. (SSMC) and are divided into individual sub - tasks, as follows: ■ Obtain spot elevations on natural ground and existing improvements suitable for the interpolation of one foot contours to be shown on the final drawing ■ Improvement 2: Outfall structure details (bottom, slot, top, outfall pipe inverts); and ■ Improvement 3: Spot elevations, contours, cross - sections of inflow structure and the pond immediately downstream of the structure, including spot elevations of the current sediment buildup versus the actual pond bottom. ■ Establish horizontal and vertical control /benchmarks ■ Supplemental survey as needed to support the available (CITY - provided) as -built drawings. ■ Location and elevations of soil borings as performed by others. A survey allowance of $4,000 has been budgeted for this task. Based on refinements to the proposed project design, actual survey components may be adjusted to support the design as needed within the budgeted allowance. The survey effort will be developed and applied for the existing and proposed site as effectively as possible. Project survey documents will be produced and submitted to the City in an electronic format compatible and acceptable to the City (e.g., PDF and Microsoft Word). The electronic survey will be used as a basis for the development of design documents for the proposed improvements. Subtask 1.2 - Geotechnical Data The CITY will provide ENGINEER with the geotechnical investigation(s) performed as part of the design for the currently constructed system. Following review of the available report(s), the ENGINEER will conduct a geotechnical investigation as part of the project design to supplement the available data and support final design. The geotechnical investigation will consist of conducting geotechnical field and laboratory testing services specific to the proposed design features. Geotechnical and Environmental Consultants, Inc. (GEC) will perform the geotechnical investigation. For the geotechnical investigation, the scope of work will include the following tasks: ■ Review existing documentation and geotechnical reports; 'Rith Page 2 of 7 4/14/2017 ■ Stake boring location at the site; ■ Clear utilities at the boring locations, if necessary; ■ Mobilize mudbug- mounted drill rig and personnel to the site; ■ Improvement Area 2: • Perform 1 Standard Penetration Test (SPT) borings to a depth of 20 feet below existing grade; • Grout -seal all borings upon completion; • Perform routine laboratory soil classification tests to aid in visual soil classification. The geotechnical engineering report will document subsurface conditions at the boring locations, provide current and estimated seasonal high groundwater levels and will present geotechnical engineering recommendations for site preparation, excavation, fill placement and compaction and drainage structure and gabion weir design. A geotechnical allowance of $3,500.00 has been budgeted for this task. The existing geotechnical data will be used to the extent practical to reduce geotechnical effort. Based on refinements to the proposed project design, actual geotechnical components may be adjusted to support the design as needed within the budgeted allowance. TASK 2 - CONTRACT DOCUMENTS The ENGINEER will prepare final construction drawings and specifications for the proposed project in general conformance with Florida Department of Transportation (FDOT) and CITY design standards suitable for bidding and construction. Reference to FDOT standards and specifications will be used where applicable. Otherwise, non -FDOT items will be addressed as special provisions. Subtask 2.1- Construction Drawings and Specifications Based on the results of Task 1, the ENGINEER will proceed with the preparation of construction drawings and specifications. Construction drawings and specifications shall conform to FDOT design criteria, including format. The ENGINEER will prepare 11 -inch by 17 -inch drawing sheets (at a scale of 1 inch = 40 feet). The design drawings will include up to the number of drawing sheets listed in Table 1. Due to refinements of the design, actual design sheets may differ somewhat from those listed in Table 1. The Engineer will submit drawings to the CITY for review at the 30, 60, and 100 percent design milestones. Draft specifications will be provided with the 60 percent submittal and final specifications will accompany the 100 percent construction drawings. This task includes one review meeting with City staff at both of the 30 and 60 percent design milestones, and one final comprehensive review meeting. The ENGINEER will submit three copies of 11- inches x 17- inches (half sizes) FDOT format drawings at each scheduled design milestone for CITY review. The CITY's review comments will be incorporated into the final contract documents as mutually agreed upon. The ENGINEER will furnish one full size reproducible (hard copy) set (22 -inch x 34 -inch) of final construction documents to the CITY prior to bid advertisement. 'Rith Page 3 of 7 4/14/2017 Design specifications will reference standard FDOT specifications as applicable and include special provisions and reference to manufacturer's specifications for non -FDOT items. Table 1— Estimated Sheet Count Sheet Description Number of Sheets Cover 1 General Notes 1 Survey 1 Civil Plan and Profiles 1 Civil Cross - Sections 1 SWPPP /Erosion Control Plan 2 Civil Details 1 Total 8 Subtask 2.2 - Engineer's Opinion of the Probable Construction Cost The ENGINEER will provide an engineer's opinion of the probable cost of construction for the project at the 60 percent completion milestone and prepare a final opinion of the probable construction cost estimate at the completion of the design. TASK 3 - PERMIT ASSISTANCE For this project, it is assumed that minor modifications to the existing ERP will be required from the Florida Department of Environmental Protection (FDEP). The ENGINEER shall prepare and submit a ERP permit package to FDEP for their review and approval. The ENGINEER will respond to one Request for Additional Information (RAI) to clarify information in the permit application packages without additional compensation. Subtask 3.1 - Coordination with the FDEP The ENGINEER will coordinate with representatives of the FDEP to discuss the objectives of the overall project and to clarify the level of permitting needed for the proposed improvements. Subtask 3.2 - Permit Application The ENGINEER will work with FDEP to facilitate the permitting of this project. The ENGINEER will prepare a modification to the existing ERP and coordinate work efforts with FDEP as appropriate. The following elements are expected to be required for this ERP modification: Summary of project, Basin delineation, references to existing permit information (e.g. peak flows and stages), construction sequence, proposed construction layout, erosion control, construction techniques, stormwater treatment and control techniques and wetland and surface water impacts. All permit fees are to be paid by the CITY. It is anticipated that no hydrologic and hydraulic modeling efforts will be necessary for the permit modification effort. If such efforts are required by FDEP, they would be addressed as additional services to this scope of work. 'Rith Page 4 of 7 4/14/2017 TASK 4 - MEETINGS AND PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with ENGINEER's standards and CITY's expectations. Specific activities included are identified below: Subtask 4.1 - Project Kick -Off and Progress Meetings ENGINEER will prepare for and conduct a kick -off meeting for the project, which will also serve as a 10 percent design review meeting. The ENGINEER will also attend one design review meeting after the 60 percent submittal. The ENGINEER will prepare and distribute a bullet point summary of each meeting as appropriate and provide to the City within 7 days of the meeting date. Subtask 4.2 - Project Quality Management ENIGNEER maintains a quality management system (QMS) on CITY projects performed by the ENGINEER. An internal project planning meeting will be conducted at the start of the project. This action is required by ENGINEER's QMS guidelines. Technical Review Committee (TRC) meetings are budgeted for and will be performed to review the 10, 30, and 60 percent milestone submittals as well as the final contract documents. Subtask 4.3 - Project Status Reports ENGINEER's project manager will prepare and submit monthly written status reports for an anticipated project life of 4 months. III. ASSUMPTIONS The above described engineering services have been based upon the following assumptions: 1. Vehicle and pedestrian access will be used for site visits. 2. Due to refinements of the design, actual design sheets may differ somewhat from those listed in Table 1. However, it is anticipated that the actual sheet count and level of effort will be comparable. Should the design require additional sheets this effort will be addressed as additional services to the scope of work. 3. No maintenance of traffic (MOT) plan or utility adjustment /relocation design is needed. 4. Design specifications will reference standard FDOT specifications as applicable and include special provisions and reference to manufacturer's specifications for non -FDOT items. 5. No post- design services (e.g., bidding, construction inspection, as -built certification) is needed. 6. Permit review fees will be paid for by the City. 7. No hydrologic and hydraulic modeling efforts are included. If deemed necessary to permit the project, these would be addressed as additional services to the scope of work. 'Rith Page 5 of 7 4/14/2017 8. Much of the information required as part of the permit modification can be referenced to the existing permit for the system. IV. DELIVERABLES ENGINEER will provide the following deliverables to the City: 1. One set of project survey documents (Task 1). 2. Two copies of the Geotechnical Investigation Report (Task 1) 3. Three paper copies and one digital PDF copy each of 11 in x 17 in (half sizes) at 30 and 60 percent design milestones (Task 2). 4. One full size (22 in x 34 in) reproducible set of final design drawings (Task 2). 5. Two copies of the engineer's opinion of the probable cost of construction for the project at the 60 percent completion milestone and the final opinion of probable cost of construction at the completion of the design (Task 2). 6. Two copies of project specifications at the 60 percent and final design completion milestones. 7. One completed ERP application (Task 3). 8. Progress meetings (up to 2) (Task 4). 9. One compact disk containing final CAD files and project deliverables. V. TIME OF COMPLETION /SCHEDULE The total time for completing the ENGINEER's services required under this Task Authorization is four months from the date of the Notice to Proceed. VI. COMPENSATION AND PAYMENT The CITY agrees to pay the ENGINEER for completed tasks on a lump sum basis up to a total of $38,490 as shown in Table 2. For invoice purposes, only, the value of each task is as shown in Table 2. The CONSULTANT will invoice monthly as a percentage of the lump sum based on the percentage of work completed during the billing period. 'Rith Page 6 of 7 4/14/2017 The above is agreed upon by: CDM Smith Inc. Date City of Winter Springs Project Manager Date lm,lth Page 7 of 7 4/14/2017 Table 2 City of Winter Springs, Florida Solary Canal Stormwater Treatment Area Improvements Cost Breakdown for Task Authorization No. 2 April 2017 Task No. Description Officer 210.00 Principal in- charge 185.00 Proj. Manager 160.00 Project Engineer 125.00 Drafting Prof. 85.00 Proj. Admin. 75.00 Activity Total Total Labor ODC's OP's Hrs Hrs Hrs Hrs Hrs Hrs Hrs $ $ $ 1.0 FIELD DATA COLLECTION AND REVIEW 1.1 ITopographic Survey 0 0 4 4 0 0 8 $1,140.00 - -- $4,000 1.2 lGeotechnical Data 0 0 4 4 0 0 8 $1,140.00 $3,500 Task 1.0 Subtotal 0 0 8 8 0 0 16 $2,280.00 $165.00 $7,500 2.0 CONTRACT DOCUMENTS 2.1 lConstruction Drawings and Specifications 1 8 8 36 72 2 127 $13,740.00 - -- $0 2.2 Engineer's Opinion of the Probable Construction Cost 0 1 4 14 0 2 21 $2,725.00 - -- $0 Task 2.0 Subtotal 1 9 12 50 72 4 148 $16,465.00 $370.00 $0 3.0 PERMIT ASSISTANCE 3.1 lCoordination with FDEP 0 2 4 0 0 0 6 $1,010.00 - -- $0 3.2 JPerrnit Application 1 4 8 8 8 4 33 $4,210.00 $0 Task 3.0 Subtotal 1 6 12 8 8 4 39 $5,220.00 $215.00 $0 4.0 MEETINGS AND PROJECT QUALITY MANAGEMENT 4.1 Project Kick -Off and Progress Meetings 0 2 2 2 0 2 8 $1,090.00 $0 4.2 Project Quality Management 2 4 12 0 0 4 22 $3,380.00 $0 4.3 Project Status Reports 0 2 4 2 0 4 12 $1,560.00 $0 Task 4.0 Subtotal 2 8 18 4 0 10 42 $6,030.00 $245.00 $0 Project Totals 4 23 50 70 80 18 245 $29,995.00 $995.00 $7,500.00 Project Totals Labor Cost Other Direct Cost Outside Prof. Cost $29,995.00 $995.00 $7,500.00 Total Cost $38,490.00