HomeMy WebLinkAbout2000 06 26 Consent G Execute Amendment 66 - SRJWMD Conceptual Stormwater Permit
COMMISSION AGENDA
ITEM G
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
June 26, 2000
Meeting
MGR rt- IDEPT jJ1/
A.uthonzatlOn
REQUEST: Public Works/Stormwater Department Requesting Authorization to Execute
Amendment 66 - SJRWMD Conceptual Stormwater Permit for the Town Center
for Consulting Engineering Services with Conklin, Porter & Holmes Engineers,
Inc.
PURPOSE: The purpose of this Board item is to request authorization for the execution of
Amendment 66 for the SJRWMD Conceptual Stormwater Permit with Conklin, Porter
&. Holmes Engineers, Inc, at a cost of$II,824,
CONSIDERA TIONS:
This amendment is needed to further develop and submit a SJR WMD conceptual
stonnwater permit for the Town Center pursuant to the commitments in the Schrimsher
Developer Agreement. The goal of the conceptual permit is to develop a master drainage plan
to consolidate the stormwater needs and requirements of the Town Center developments, The
receipt of a conceptual permit will also allow an expedited permit review process for potential
developers,
The scope of work includes revising the Town Center Stormwater Master Plan to be in
conformance with the SJRWMD conceptual permit requirements and submitting it. The cost
for the scope of services is breakdown is $11,824. The City's obligation per the Schrimsher
Agreement is to submit the conceptual permit in 6 months.
June 26, 2000
Consent Agenda Item G
Page 2
FUNDING:
The funding source for this project expenditure of$II,824.00 would be a transfer from
Stormwater Fund reserves to the consulting engineering line code of the Stormwater Fund -
(4413-53180). Projected year-end reserves would be reduced to approximately $181,000 with
this expenditure, The funds for this project will be expended over the next 120 days,
RECOMMENDATION:
It is recommended that authorization be given for the execution of Amendment
66 for the SJRWMD Conceptual Stormwater Permit with Conklin, Porter & Holmes
Engineers, Inc. at a cost of$11,824 payable from the consulting engineering line code
ofthe Stormwater Fund - (4413-53180),
IMPLEMENTA TION SCHEDULE:
-":" The scope of services will be completed within 120 days of approval, The City Manager will
not execute this amendment until the Schrimsher Developer Agreement is executed,
ATTACHMENTS:
1. Amendment 66
COMMISSION ACTION:
AMENDMENT 66 TO AGREEMENT
DATED
NOVEMBER 27,1984
FOR THE
SJRWMD CONCEPTUAL STORMWATER PERMIT
FOR THE TOWN CENTER
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CPH ENGINEERS, INC.
This Amendment dated , 2000, by and between the City of Winter Springs
(hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer),
is mutually agreed upon and declared an authorized Amendment to an Agreement dated
November 27, 1984, between the parties, herein setting forth the scope, terms and
conditions of the services herein authorized. The appropriate provisions of the Agreement
apply as fully as if repeated herein.
SECTION 1
GENERAL
1.1 The purpose of this Amendment is to provide for Engineering Services, more
specifically itemized herein, in the preparation of St. Johns River Water
Management District (SJRWMD) Conceptual Permitting for the Town Center.
SECTION 2
BASIC SERVICES OF THE ENGINEER
2.1 GENERAL
2.1.1 The ENGINEER agrees to perform professional services in connection with
the project as hereinafter stated.
2.1.2 The ENGINEER will serve as the OWNER'S professional engineering
representative in those phases of the project to which this Amendment
applies, and will give consultation and advice to the OWNER during the
performance of his services. The ENGINEER will perform the services for
the City Commission under the general supervision of the City Manager and
Utilities Director and will submit interim plans to them for their review, input,
decision, etc. as appropriate.
SECTION 3
SCOPE OF SERVICES
3.1 GENERAL
The OWNER hereby authorizes the ENGINEER to proceed with the
preparation of conceptual permitting information and application for the Town
Center master stormwater system. Because the City retained CPH to
develop master plans for the Town Center, much of the work required for a
conceptual permit application has been completed. Due to changes in the
Town Center planning, changes are required to the master stormwater plan
prior to submittal to SJRWMD.
3.1,1 Conceptual Permit Description
The SJRWMD conceptual permit is optional and for the benefit of the
permittee. It does not allow for construction, but it allows a project to move
ahead with a clear knowledge of future regulations. Once a conceptual
permit is granted, rule changes do not affect the project for 20 years,
provided some construction has occurred within two (2) years of issuance by
SJRWMD. See Attachment B.
Goals - The City has the following goals which can be met through the
conceptual permit program:
Ii
1) The City desires to aggregate the stormwater system and does not
want ponds in the front of the project or within the Town Center core.
2) The City desires a master drainage system.
3) The City does not want numerous small ponds throughout the Town
Center District.
4) The City desires to assist the developers in the Town Center District
by reducing stormwater permit review time.
5) The City desires to maximize property utilization in the Town Center
core.
6) The City desires to begin construction within two years.
7) The City desires to bind the rules for the stormwater systems so that
the project can proceed as planned.
3.2 PRELIMINARY ENGINEERING SERVICES - DATA
COLLECTION/ANAL YSIS
3.2.1 ENGINEER will perform preliminary permitting engineering services of the
following:
a) Revise the Town Center Stormwater Master Plan to fit the
configuration of the revised Town Center Plan.
b) Attend preliminary pre-application meeting with SJRWMD to discuss
the project.
c) Prepare revised plan and submittal package In accordance with
SJRWMD requirements.
d) Submit to City and Staff Review.
e) Revise as necessary to meet City requirements.
f) Assist the City in submittal to SJRWMD.
g) Respond to SJRWMD comments/questions.
SECTION 4
SUPPLEMENTARY SERVICES OF THE ENGINEER
4.1 If authorized in writing by the OWNER prior to the rendering of such services,
the ENGINEER will furnish or obtain under subcontracts, supplementary
services of the following types which will be paid for by the OWNER as
described in SECTION 6, Paragraph 6.1.2.
4.2.1 Additional services due to significant changes in the scope of the project or
its design including, but not limited to, changes in size, complexity, character
of construction or due to time delays in initiating or completion of the work as
described herein.
4.2.2 Additional services in connection with the project including services normally
furnished by the OWNER as described in Section 5 herein and services not
otherwise provided for in this Amendment.
4.2.3 Preparing to serve and serving as an expert witness for the OWNER in any
protest, litigation, or other proceeding involving the project.
4.2.4 Additional engineering services required by revisions to regulations (after the
date of this Amendment) as applicable to the Florida Department of
Environmental Protection, the St. Johns River Water Management District,
or other regulatory agency requirements.
4.2.5 Provide, through a subconsultant, additional surveying services if required
or requested by the OWNER.
4.2.6 Provide, through a subconsultant, soils investigation and geohydrological
services if required or requested by the OWNER, or if required by SJRWMD
or FDEP, recommended by the ENGINEER and authorized by the OWNER.
5.1
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
5.1.6
5.1.7
5.1.8
5.1.9
5.1.10
SECTION 5
THE OWNER'S RESPONSIBILITIES
The OWNER will:
Advise the ENGINEER of his requirements for the project and designate a
person to act as the OWNER'S representative with respect to the work to be
performed under this Amendment, and such person shall have complete
authority to transmit instructions, receive information, interpret and define the
OWNER'S policies and decisions pertinent to the work covered by this
Amendment.
Guarantee access to and make all provision for the ENGINEER to enter upon
public and private lands as required for the ENGINEER to perform his work
under this Amendment.
Provide data requested that is reasonably available on the existing utility
systems, population and projections, land use and planning information.
Provide personnel to locate facilities and mow, trim, or otherwise make them
accessible for inspection.
Examine all studies, reports, sketches, and other documents presented by
the ENGINEER and render decisions pertaining thereto within a reasonable
time so as not to delay the work of the ENGINEER.
Obtain approval of all governmental authorities having jurisdiction over the
project, and such approvals and consents from such other individuals or
bodies as may be necessary for completion of the Project.
Furnish, or direct the ENGINEER in writing to provide at the OWNER'S
expense, soils investigations if advised in writing by the ENGINEER that they
are necessary or advisable.
Furnish, or direct the ENGINEER in writing to provide at the OWNER'S
expense, necessary additional services as stipulated in Section 4 of this
Amendment, or other services as required.
Provide such legal, accounting, and insurance counseling services as may
be required for the project, and such auditing services as the OWNER may
require.
Give prompt written notice to the ENGINEER whenever the OWNER
observes or otherwise becomes aware of any defect in the Project.
SECTION 6
PAYMENT
6.1
PAYMENT
Payments for services and expenses of the ENGINEER to be as set forth
below:
6.1.1 Principals and Employees of the ENGINEER.
6.1.2 Compensation paid ENGINEER for services described herein and rendered
by principals and employees assigned to the Project will be computed by
multiplying Direct Personnel Expense (defined in Paragraph 6.2.4 herein)
times a factor of 2.0 plus all reimbursable expenses. The fee for the scope
of services described in Sections 3.2 will be provided for a not-to-exceed fee
of $11 ,824.00, without further authorization.
6.2 REIMBURSED EXPENSES
6.2.1 The OWNER will make prompt monthly payments in response to
ENGINEER'S monthly statements without retention for all categories of
services rendered under this Amendment and for reimbursable expenses
incurred.
6.2.2 Charges for the services rendered by principals and employees as witnesses
in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3
will be computed at a rate of $650.00 per day or any portion thereof (but
compensation for time spent in preparing to appear in any such litigation,
hearing or proceeding will be computed on an hourly rate).
6.2.3 If this Amendment is terminated during prosecution of the services prior to
completion of the services of Section 3, payments to be made in accordance
with Paragraph 6.1.1 and 6.2.1 on account of that and all prior work under
this Amendment shall be due and payable, and shall constitute total payment
for services rendered. In addition, upon termination, the ENGINEER shall
be paid for any Additional Services authorized and rendered under Section
4.
6.2.4 The ENGINEER shall promptly begin work on the services authorized by this
Amendment upon receipt of notice to proceed from the OWNER.
SECTION 7
GENERAL CONDITIONS
7.1 Since the ENGINEER has no control over the cost of labor, materials, or
equipment, or over any construction contractor's method of determining
prices, any opinions of probable construction cost which may be provided in
the services of this Amendment are made on the basis of his experience and
qualifications and represent his best judgement as a design professional
familiar with the construction industry, but the ENGINEER cannot and does
not guarantee that bids or the construction cost will not vary from opinions
of probable cost prepared by him.
7.2 The OWNER and the ENGINEER each binds himself and his partners,
successors, executors, administrators and assigns to the other party of this
Amendment and to partners, successors, executors, administrators, and
assigns of such other party in respect to all covenants of this Amendment.
Nothing herein shall be construed as creating any personal liability on the
part of any officer or agency of any public body, which may be a party hereto,
nor shall it be construed as giving any rights or benefits hereunder to anyone
other than the OWNER and the ENGINEER.
SECTION 8
8.1
The ENGINEER agrees to prosecute the work in a timely manner until the
Project is completed.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Amendment the day and year first above written.
OWNER:
City of Winter Springs, Florida
ATTEST
By:
Date:
ENGINEER:
CPH Engineers, Inc.
BY:+~
Date: ~ / 2/QI(){)
J:\Z6582\PROPOSALS\WD\WI NTERSPRI NGS\AMEND66. WPD
ATTACHMENT A
STANDARD BilliNG RATES
Exhibit 1
Standard Classificatioil Billing Rates
Classification, Rate
Principal , $105.00
....................... ..................................
Professional Engineer.......................;............... $90.00
Engineering Manager.......................~................ $85.00
Sf. Design Engineer......................................... $75.00
Design Engineer EIT ......................................... $55.00
Traffic Engineer.............................................. $120.00
Sf. Planner ..................................................... $90.00
Construction Manager....................................... $78.00
Planner........................................................ . $76.00
Landscape Architect......................................... $72.00
Registered Land Surveyor.................................. $75.00
Construction Field Rep II................................... $65.00
Sf. Design Technician....................................... $77.00
Design Technician ........................................... $70.00
Sf. CADD Technician.... ........., ....... ......... .... ..... $56.00
CADD Technician... .............. ... ............. .... ...... $50.00
CADD Operator..........,............,...................... $45.00
Administrative.............................,..........,...... . $50.00
Clerical II.............".".........,.......................... $35.00
Clerical I.... ................................,.................. $30.00
ATTACHMENT B
3.5 Conceptual Approval Permit
,3.5.1 Because many water management systems are designed and constructed in
phases, a procedure has been established which provides for District review
and approval of master development plans. The intent of this procedure is to
assure the permittee that the engineering concepts upon which he bases
current and future design decisions are likely to meet District rule criteria at
least in concept.
The application form for a conceptual approval permit has been adopted by
reference in subsection 40C-4.900(l), F.A.c., and is contained in Appendix
B of this Handbook.
3.5.2 For a system which is to be constructed in phases, in addition to the
conceptual approval permit, a permit must be obtained for anyone or
combination of the following (if the total system, will meet or exceed the
thresholds described in section 3.3):
(a) Authorization to construct and operate the initial phase, prior to the
construction of the initial phase of a proposed system.
(b) Authorization to alter, prior to the construction of each succeeding
phase of a system.
(c) Authorization to operate all constructed phases, at the time that the
application is made for alteration.
3.5.3 The Governing Board's determination that the conceptual plans are
consistent with chapter 373, F.S., and chapters 40C-4, 40C-40, and 40C-41,
F.A.c., will provide the applicant with an assurance that the concepts upon
which his designs are based can provide for systems which will not be
harmful to the water resources of the District and will not be inconsistent
with the overall objectives of the District.
3.5.4 The conceptual approval permit will be valid for twenty years provided that
construction of the initial phase of the system must be permitted and
construction undertaken within two years of the granting of the conceptual
approval permit and provided that all phases of the system are designed and
built in accordance with the terms of the conceptual approval permit, and
that all required permits for subsequent phases are obtained. However, if the
project approved by the conceptual approval permit is undergoing
development-of-regional-impact review pursuant to section 380.06, F.S.,
and an administrative appeal of that review has been filed, the permittee may
(MSSW-IO/3/95)
3-10
toll the two year time period for pennitting and undertaking construction by
notifying the District, in writing, that the development-of-regional-impact
review has been appealed within two years of issuance of the conceptual
permit, and notifying the District, in writing, of the final action resolving
such administrative appeal. If proper notice is given as indicated" above, the
two year time period for pennitting and undertaking construction shall be
tolled from the date the administrative appeal of the development-of-
regional'-impact review is filed, to the date of final action resolving such
administrative appeal. '
(MSSW -10/3/95)
3-11