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Home My WebLink AboutBDA Environmental Consultants Proposal for Torcaso/Sunshine Parks Project Site -1999 07 15 . " . .. BDA ENVIRONMENTAL CONSULTANTS July 8, 1999 File: 99097-10.1 Mr. Kip Lockuff Utilities City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 TEL: (407) 327-5989 FAX: (407) 327-0018 RE: Proposal for Environmental Consulting Services Torcaso/Sunshine Parks Project Site Seminole County, Florida Dear Kip: Pursuant to our meeting on July 7, 1999, Breedlove, Dennis & Associates, Inc. (BDA) provides the following proposal for services on the above referenced project site. It is our understanding that the project site is approximately 45 acres in size. We will provide the following services for this project: Task No. 1- Flag the Extent of Jurisdictional Wetlands We will review the project site to determine the extent of the existing jurisdictional wetlands pursuant to the regulatory criteria of the Department of the Army, Corps of Engineers (ACOE) 1987 Wetland Delineation Manual and the St. Johns River Water Management District (SJRWMD) unified statewide wetland delineation methodology. The jurisdictional wetland lines will be flagged for the City of Winter Springs and surveyed by others. It has been our experience that the Seminole County will accept the lines as accepted by the SJRWMD; therefore, a separate jurisdictional line will not be necessary for this agency. The resulting survey maps will be used for planning and regulatory agency site inspections. We will also conduct a review of the project site for the potential occurrence of threatened or endangered (T &E) species and Species of Special Concern as listed by the U.S. Fish and Wildlife Service and Fish and P:\ADMIN\PROJECTSI99097\PROPOSAL ILOCKUFFPROP .DOC BREEDLOVE, DENNIS & ASSOCIATES, INC. P.O. BOX 720037 / ORLANDO, FLORIDA 328720037 4301 METRIC DRIVE / WINTER PARK, FLORIDA 32792 / (407) 677-1882 / FAX (407) 657-7008 I ,1 ... ! BDA / / / ENVIRONMENTAL CONSULTANTS / Mr. Kip Lockuff July 8, 1999 Page 2 Wildlife Conservation Commission. This effort will be done concurrently with the jurisdictional wetland delineations (flagging). The results of this preliminary T &E review may reveal the presence of species such as the gopher tortoise (Gopherus polyphemus). Specific surveys and permitting may be required if such species are observed. Task No.2 - Confirmation of Agency Jurisdiction Lines (Agency Site Inspections) We will submit, by letter, to the ACOE and SJRWMD a request for a site inspection to verify and approve the wetland lines delineated in the field for t?is site. Inspection request letters will include a location map of. the project site on a U.S. Geological Survey quadrangle, soils map, and an aerial photograph of the project site. The request letters will be followed with telephone calls to establish and verify the site inspection date. Independent inspections will be conducted with the ACOE and SJRWMD to verify the wetland lines in the field. As this task is agency-driven, a specific time of completion for the site inspections cannot be given at this time. The ACOE jurisdictional determination (JD) is valid for a period of five years from the date ,of sign-off. The SJRWMD informal sign-off -is typically accepted for permitting by the SJRWMD if the permit application is submitted within six months to one year of the' informal JD completion. ' There are no application fees required by the ACOE or the SJRWMD for site inspections. Task No.3 - Permitting Assistance - Department of the Army. Corps of Engineers Pre.,Application Meeting with the Department of the Army, Corps of Engineers Following the verification of the jurisdictional wetland lines by the ACOE, a pre-application meeting will be scheduled with the ACOE staffto formally discuss the site plan and a mitigation plan for this project. Preparation and Submittal of an Individual Permit Application BDA will take the lead. on the preparation and submittal of an Individual Permit (IP) to the ACOE, assuming wetland impacts greater than three acres based on the conceptual Master Plan. Information that will be needed for the IP application from the client and/or project engineer will inclu~e a legal description, site plan, cross-sections of proposed wetland impacts, and a list of adjacent landowners. The IP report submittal will include the following information: P:\ADMIN\PROJECTS\99097\PROPOSAL \LQCKUFFPROP, DOC / / - BDA ENVIRONMENTAL CONSULTANTS Mr. Kip Lockuff July 8, 1999 Page 3 . an overview of the project; . a description of upland and wetland vegetative communities present on the project site; . a description of the wildlife use of the project site; . a review of federally listed wildlife and plant species; . a description of the soils present on the project site; . a description of the proposed project; . a description of the proposed wetland impacts; . alternatives analysis; . avoidance and minimization criteria; .. a mitigation and monitoring plan; · . responses to the public interest review criteria; and . a Modified Wetland Rapid Assessment Procedure (M-WRAP) or Wetland Rapid Assessment Procedure (WRAP) to assess the qualitY of the proposed wetland impact and mitigation areas. The IP submittal will also include a variety of supporting graphics such as: ~ a location figure; . a-map of vegetative communities .and land use; . wetland jurisdictional determination; . soils map; . site plan; . cross-sections of proposed wetland impact areas; . polygon delineation utilized in the M-WRAP or WRAP, and associated tables;and . any other supporting graphics needed for the mitigation and monitoring plan. . We will utilize existing material relative to this IP application, and will provide additional information as necessary, to develop a comprehensive application to be submitted to the ACOE. The ACOE permitting process typically takes 6 to 12month_s and will be contingent upon the Public Notice review period, the amount of information required in the Request for Additional Information (RAI), and the degree of negotiations required. It is estimated that the costs associated with this task will range between $7,50_0 and $10,000. P:\ADMIN\PROJECTS\99097\PROPOSAL \LOCKUFFPROP. DOC I BDA ENVIRONMENTAL CONSULTANTS Mr. Kip Lockuff July 8, 1999 Page 4 Permit Application Fee Once the ACOE has formally approved the application, a $100 application fee must be submitted before the permit will be issued. Task No, 4 - Permitting Assistance - St. Johns River Water Management District Pre-Application Meeting with the St. Johns River Water Management District I The BDA project manager will attend one pre-application meeting with the project team and the SJRWMD staff to formally discuss the site plan and the mitigation plan for this project. j Assist Project Engineers with Preparation and Submittal of an Individual Environmental Resource Permit Application I We will prepare the supplemental environmental information' required for obtaining an Individual I , I SJRWMD Environmental Resource Permit (ERP) for the project site. The purpose of this report is to I address the environmental issues that are part of the ERP application review. This report will complement I the project engineers submittal and will be used as an attachment to their application. Information that will I be needed from the client and/or project engineer for the environmental supplement to the ERP application I will include a legal description and a site plan. The environmental supplement for the ERP submittal will I I include the following information: I I .. An overview of the project; i I . a description of upland and wetland vegetative communities present on the project site; i I I . a description of the wildlife use ofthe project site; I I . a review of state listed wildlife species; I . a description of the soils present on the project site; I! . a description of the proposed project; . a description of the proposed wetland impacts; . a mitigation and monitoring plan; . : 1 I . a discussion of permit issuance criteria; I . responses to the public interest review criteria; and I a review of wetland impact elimination and reduction criteria. . The ERP submittal will also include a variety of supporting graphics such as: P:\ADMIN\PROJECTS\99097\PROPOSAL \LOCKUFFPROP .DOC I i r BDA ENVIRONMENTAL CONSULTANTS Mr. Kip Lockuff July 8, 1999 Page 5 . A location figure; . a map of vegetative communities. and land use; . soils map; . wetland jurisdictional detennination; . development plan; . mitigation plan; . wetland tables for the ERP application; and . any other supporting graphics needed for the mitigation and monitoring plan. We will utilize existing material relative to this ERP application, and will provide additional infonnation as necessary, to develop a comprehensive application to be submitted to the SJRWMD. It is anticipated that the time from pennit application submittal for the Individual ERP to pennit issuance will be between six to nine months. However, this time frame is agency-driven. Once the application is submitted, the SJRWMD must either deem the infonnation presented for the project complete or issue an RAI within 30 days. Once an RAI is issued, the project team typically has 30. days to respond to the RAI. Once the R,AI information is sent back to the SJRWMD, a 30-day time clock is started again. It is estimated that the costs associated with this task will range between $8,000 and $10,000. The application fee for the ERP is not part of this proposal. TaskNo. 5 - Team Meetings A principal or scientist will attend team meetings as requested and authorized by the client to address technical issues associated with the preparation, submittal, and issuance of the ACOE IP and the SJRWMD ERP. The estimated costs for this task, for each meeting, are based on travel to and from Winter Springs and an approximately 2-hour meeting. Actual costs may vary from this estimate based on the length of meetings, principal or scientist in attendance, etc. P:\ADMIN\PROJECTS\99097\PROPOSA L\LOCKUFFPROP .DOC BDA ENVIRONMENTAL CONSULTANTS Mr. Kip Lockuff July 8, 1999 Page 6 Cost of Services and Invoicing Task Description EstiIhated. Cost " Task No. I - Flag the Extent of Jurisdictional Wetlands $1,900 Task No; 2 - Confirmation of Agency Jurisdiction Lines and Agency $8001 ACOE. Site Inspections $800/SJRWMD Task No.3 - Permitting Assistance - Department of the Army, Corps $7,500 - $10,000 of Engineers Task No.4 - Permitting Assistance - St. Johns River Water $8,000 - $10,000 -. Management District Task No.5 - Team Meetings - City of Winter Springs $300 - $5801 meeting The estimated costs provided above are contingent on agency responsiveness to this project. The more protracted these negotiations, the more permitting costs, but also typically the less the cost of mitigation. Consequently, no work will be performed beyond that described and estimated above without your acceptance of additional workscope and cost estimates. The estimated costs do not include permit application fees, if any. Thank you for using BDA for environmental services. Dr. Joe B. Birch will be the project manager and Mr. Mark W. Christopher will be the principal in charge for our services on this project. If you have any questions regarding this proposal, please call oufoffice. Space has been provided below for your acceptance of this proposal and your signature hereon will constitute a contract between us for the work. . Please sign both copies and return' them to our office. A fully-executed contract will be returned for your files. Sincerely yours, . Joe Sen P:\ADMIN\PROJECTS\99097\PROPOSAL \LOCKUFFPROP .DOC BDA _ ENVIRONMENTAL CONSULTANTS Mr. Kip Lockuff July 8, 1999 Page 7 Accepted by: f~lJ.m~ 9 ICe Lud~ff- ~ J - I '--( - '1 0; City ofWmter Springs Date W. ~~...~ . . '1-/5- '11 President Date Breedlove, Dennis & Associates, Inc. JBB/BAB/tdm Enclosure TOr is" I? 1-0/1 t'V\. -r A S {( I A IV tJ '). 0 IV L ~ ]"..N -rb/I< Afl10UN1 01 if.35"0,) / P:\ADMIN\PROJ ECTS\99097\PROPOSAL\LOCKUFFPROP .DOC BDA . ENVIRONMENTAL CONSULTANTS SCHEDULE OF PROFESSIONAL FEES Effective July 1,1999 Position/Service Hourly Rate ($) Principal 185.00 Senior Vice President 175.00 Vice President 125.00 Director of Ecological Services 105.00 ., Senior Scientist 95.00 Scientist IV 90.00 Scientist III 85.00 Scientist II 75.00 Scientist I 65.00 Environmental Specialist III 65.00 Environmental Specialist II 55.00 Environmental Assistant 45.00 Technician 30.00 Senior Geographic Information Systems (GIS) Analyst 95.00 GIS Analyst III 85.00 GIS Analyst II 75.00 GIS Analyst I 70.00 GIS Specialist 55.00 GIS Technician 45.00 Computer Aided Design Specialist 55.00 Global Positioning System (GPS) Specialist 55.00 MIS Specialist 55.00 Word Processor 45.00 Clerk 25.00 PC Computer Time (Auto CAD, ArcCAD~ 25.00 Workstation Computer Time (ERDAS, ARCIiNFO~ 45.00 Remote & Base GPS 200.00/day Each Additional Remote GPS 100.00/day Airplane 150.00 (wet) Boats 55.00/day 12' w/10hp 18' w/50hp Vehicle. 0.50/mile CCD Camera System 100.00/day-l/2 day minimum Terms: Net 30 days. Unpaid balances will be subject to interest at the rate of 1.5% per month or the maximum permissible under state law, whichever is less, starting 30 days from the invoice date. . Expert witness at 125% of schedule fees. O:\MARKETING\FEESCHED\07 -0 I -99-FEE,DOC BREEDLOVE, DENNIS & ASSOCIATES, INC. P,O, BOX 720037 / ORLANDO, FLORIDA 32872-0037 4301 METRIC DRIVE / WINTER PARK, FLORIDA 32792 / (407) 677-1882/ FAX (407) 657.7008 BDA ENVIRONMENTAL CONSULTANTS TERMS AND CONDITIONS 1. Other support provided at the request of the Client or representatives of the Client including, but not limited to, team meetings, agezicy negotiations, public presentations, mitigation design, permitting assistance, sufficiency responses or additional analyses not mentioned elsewhere in this Proposal will be billed on a time and materials basis according to the attached rate schedule. All requested services must be approved by the Client before additional support can be initiated. 2. Unless specified elsewhere in the Proposal, the proposed costs constitute Breedlove, Dennis & Associates, Inc.'s (BDA) estimate of the charges required to complete the Project as defined. Final costs for this Project may vary from the estimated costs. For many projects, all activities are often initially not fully definable. As the Project progresses, the facts uncovered may alter the scope of work and consequently the cost of completion. BDA will inform the Client of such situations so that negotiations of change in scope and fees can be accomplished as required. 3. BDA's fees are based on the actual time required by the individuals assigned to the Project task, plus reimbursable expenses. Reimbursable expenses mean the actual expenses incurred directly or indirectly in connection with the Project. Reimbursable expenses include, but are not limited to long distance telephone calls, computer charges, living and travel out-of--town, inter-city travel, reproduction of reports, drawings and documents, and special fees. Client shall compensate the consultant for reimbursable expenses. Individual hourly rates vary according to the degree of responsibility involved and the skill required. BDA will submit our bill for these services monthly. Payment is due upon submission. 4. After January 1, 2000, all hourly and daily rates quoted within this contract may increase by 5%, at the determination of BDA, upon written notice to Client, and may increase by 5% annually thereafter. 5. This Proposal to perform services for this Project shall remain open for acceptance for a period of sixty (60) days from the date thereof, after which time BDA reserves the right to review, revise or withdraw its Proposal. 6. All information furnished by Client to BDA shall be returned to Client upon the conclusion of the Work unless the same shall have been consumed or merged into the Work. BDA may retain copies of any such information furnished to BDA by Client and BDA shall, in all events, retain full possession and ownership of it's field and Project notes and all other documents or data generated, consumed or merged into any reports, opinions, or applications required in connection with the Project and the Work. 7. This Contract may be terminated by either Party for reason or for no reason by giving thirty (30) days written notice to the other Party. Said notice shall be sufficient if it is delivered to the Party personally or mailed by certified mail to the Party's mailing address. Upon any termination under this paragraph, BDA will prepare a final invoice following the date of a final termination notice which date shall be the "Effective Date of Termination." Where the method of payment is based on time and materials, the final invoice will be based on reimbursement for all services and expenses associated with the Project up to the Effective Date of Termination. 8. Neither BDA nor Client shall be liable to the other for any damages whatsoever caused by termination of this Contract or failure to perform under this Contract, except for services actually performed and costs and commitments actually incurred by BDA under this Contract, prior to the Effective Date of Termination. In no event shall either Party be liable to the other for any other claim of direct, indirect, O:\MARKETING\FEESCHED\ 1999-T&C. DOC 1 BREEDLOVE, DENNIS & ASSOC[ATES, INC. P.O. BOX 720037 /ORLANDO, FLORIDA 32872-0037 4301 METF]C DRIVE /WINTER PARK, FLORIDA 32792 / (407) 677-1882 /FAX (407) 657-7008 BDA ENVIRONMENTAL CONSULTANTS )pecial, incidental, or consequential damages (including loss BDA and Client and all promises, representations, "tof profits) whether based on contract, tort, or another legal understandings, and agreements with the respect to the , . theory. subject matter hereof and inducements to the making of this agreement relied upon by either Party have been expressed 9. The Parties to this Contract agree. to make the herein, and may not be altered, amended, or modified unless submission to mediation of any dispute or controversy in Writing executed by the Parties hereto.. arising out of this Contract, as set forth herein, an express condition precedent to any legal or equitable action or 13. Neither this agreement nor any interest herein may be proceeding of any nature whatsoever. All disputes between assigned by the Client without BDA's prior written consent. the Parties to this Contract arising out of or in connection No Party shall be liable for delay in the perfoimance with this Contract shall be referred for mediation to a hereunder do to causes beyond their control, including, but mediator who is a member of the Florida Bar in good not limited to, acts of God, fire strikes, acts of war, or the standing, and who is mutually acceptable' to all Parties intervention of governmental authority, but any such failure subject to the dispute. Each Party to all disputes submitted shall be remedied as soon as reasonably possible. for mediation shall pay an equal share of the costs and fees charged by the mediator. 14. Each Party executes this agreement as an independent contractor and nothing herein shall be construed to form a 10. The Client acknowledges that it has secured legal rights joint venture, partnership, or any similar form of association. to the property upon which the project will be developed. The Client further acknowledges and agrees that the type of 15. In the event of default by Client in the payment of any services to be performed by BDA are covered under Florida sum to BDA when due, or in the performance of any of Statutes 713.03 (Liens for professional services) and that the Client's obligations under this agreement, BDA shall have non-payment of fees owed under this Agreement may result the right to terminate this agreement, until such time as the in a mechanic's lien or other encumbrances being placed on default may be cured. Client shall reimburse BDA for all the property upon which the project is/will be located. costs and expenses to enforce collection of any monies from Client. 11. This Contract shall be governed by and interpreted in accordance with the laws of the State of Florida, and the Parties expressly agree that any mediation proceeding, or any action ,at law or suit in equity, shall be instituted and maintained only in the Courts of Orange County, Florida, and each Party waives the right to change of venue. It is agreed by and between the Parties that this agreement was executed in the State of Florida, United States of America. In the event BDA retains legal counsel to enforce any of the provisions of this agreement, the Client agrees to pay all reasonable attorneys fees and any additional attdrney fees pursuing collection of this judgement. 12. This agreement, and any specified attachment, or exhibits attached constitute the entire agreement between O:\MARKETING\FEESCHED\I 999- T &C.DOC 2