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Home My WebLink About2011 02 28 Informational 102 Status of Solary Canal Regional Stormwater Treatment Area COMMISSION AGENDA CONSENT INFORMATIONAL X ITEM 102 PUBLIC HEARING REGULAR February 28, 2011 MG R /DEPT ./ Meeting Au horization REQUEST: Public Works Department providing information to the City Commission regarding the status of the Solary Canal Regional Stormwater Treatment Area SYNOPSIS: Construction activity on the Solary Canal Regional Stormwater Treatment Area has been indefinitely suspended due to unforeseen artesian groundwater discharges at the site. The St. Johns River Water Management District desires to further evaluate the geotechnical conditions before determining whether or how to proceed with construction on the project. The City is taking steps to close out the project and terminate the construction contract with Wal -Rose, Inc. CONSIDERATIONS: • The Solary Canal Regional Stormwater Treatment Area is located on a 28.9 -acre property at 1900 DeLeon Street in the northeast corner of the City of Winter Springs (see Exhibit A). The Solary Canal project is a planned partnership between the St. Johns River Water Management District (SJRWMD), Seminole County, the City of Oviedo, and the City of Winter Springs. SJRWMD is funding the entire cost of construction (up tp $1.7 million), and the three local agencies (Winter Springs, Oviedo, and Seminole County) are planning to equally share in the annual operation and maintenance costs for the project. • Authorization to award the construction contract to Wal -Rose, Inc. was approved by the City Commission at the January 11, 2010 Commission meeting (ITB #010- 09 -BF) in the amount of $1,465,739.80 plus a 10% contingency, for a total authorization of $1,612,313.78. At the December 13, 2010 City Commission meeting, the Commission authorized an increase in the contingency from 10% to 16 %, which increased the total authorization up to $1,700,000. • Construction started on April 19, 2010 and is approximately 70% complete at this time. On July 12, 2010, an artesian groundwater discharge was encountered during excavation of the wetland area. Several additional artesian discharges were encountered during the week of July 12. On approximately July 19, 2010, the contractor was directed to suspend deep excavation due to the potential for encountering additional artesian discharges. February 28, 2011 Agenda Item #102 Page 2 of 4 Additional geotechnical investigations were performed by Ardaman & Associates, Inc. during the first week of August 2010. Ardaman's investigation indicated the deeper areas of the pond and wetland area, which have yet to be excavated, could be vulnerable to failure due to hydrostatic uplift pressures more closely related to the upper Floridan aquifer. SJRWMD's design engineer, CH2M Hill, prepared a design modification that shallows the pond and wetland areas by several feet to minimize the risk of failure. • The modified design was completed in December 2010 and issued to the contractor, Wal- Rose, Inc. for pricing. After several weeks of negotiations, the City was unable to reach an acceptable price with Wal -Rose to implement the modified design within the available funding from the District. Wal -Rose indicated that the remaining material to be excavated is unsuitable due to a high clay content, and this material must be hauled off and disposed offsite at a landfill, which carries additional cost. In addition, the design modification included a procedure for plugging the two artesian discharges ( "boils ") encountered within the wetland area, and the cost to plug the boils was estimated to be from $150,000 to $500,000. • On January 26, 2011, the District provided a written recommendation for the City to terminate its contract with Wal -Rose. The District stated that the manner of remediating the boils needs to be further explored in order to provide the best cost/benefit in view of the uncertainty associated with the cost and probability of success of the current remediation proposals. Further exploring the boils requires additional time, and terminating the Wal -Rose contract avoids having to potentially pay for idle equipment and other associated delay costs. • On January 27, 2011, City Staff met with District engineering staff onsite to review the boils and the current status of the project. The District engineering staff indicated a possibility of completing the project such that no additional deep excavation would be needed, which would eliminate any dispute or expense associated with the haul off and disposal of unsuitable material; however, the District ultimately determined that they want to address the boils before making any decisions about the continuation of construction. • Next Steps: o On February 2, 2011, the City provided written direction to Wal -Rose regarding the following steps to be taken to close out the construction contract: • Prepare and submit to the City an as -built survey signed and sealed by a Professional Land Surveyor. • Provide lien releases to the City from Wal -Rose and from all subcontractors and suppliers to Wal -Rose. • Remove all construction equipment and demobilize from the project site. • Close all permits with the applicable permitting agencies. • Submit final pay application to the City. o The above - listed steps are currently in progress and the Wal -Rose contract is expected to be closed within the next 30 days. February 28, 2011 Agenda Item #102 Page 3 of 4 o The City Attorney has been directly involved with both City and District Staff during the contract close out process. • Future Outlook for the Project: The District intends to further explore the artesian boils onsite before proceeding with any additional construction work. Any work performed to address the boils will be at the District's expense. After the boils have been addressed, it is anticipated that the design will need to be modified and re- permitted, and then construction could be completed after either re- bidding the remaining work or through the use of a District contractor. The District has not provided a time frame for addressing the boils. At this time it is unclear the extent to which a Regional Stormwater Treatment Area can be successfully constructed at this site, based on the artesian boils encountered onsite, the risks associated with deeper pond excavations, and the limitations on the available funding through the District. If a Regional Stormwater Treatment Area cannot be constructed to substantially meet the goal of the project (removal of phosphorous discharge to Lake Jesup), the City may seek to convey the property back to the District. FISCAL IMPACT: The project construction is funded 100% by the St. Johns River Water Management District. In accordance with the terms of the construction funding agreement between the City and the District, the City invoices the District monthly during the construction period and the District reimburses the City within 45 days of receipt of an approved invoice. The District has fully reimbursed the City for all construction expenditures to date, and the District will be responsible for reimbursing the City for the final invoice from Wal -Rose when it is received by the City and submitted to the District for payment. COMMUNICATION EFFORTS: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and the City's Server. Additionally, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas /Agenda Item information, all Homeowner's Associations on file with the City, all individuals who have requested Agendas /Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. February 28, 2011 Agenda Item #102 Page 4 of 4 RECOMMENDATION: Staff recommends that the City Commission review and accept the information in this agenda item. ATTACHMENTS: 1. Exhibit A - Site Location 2. Exhibit B — Aerial Photo j = y t """CCC � K . o:,, �, ... v �\ ...:.... _. _. - y ,.. y . iv �, y .. ,•- -. ` , °, .z .,ac ii _ J e'•` ... v 's.. t► oir• --� _ .ri- . .i. e . '� .x • ter. - y . � �. � ;411, fi„}, - , -. f � . f ' - . �"r " rr° a- -, - rq v s x r - ..� F - _ i i k +R/1 —..i. . � + + " 1 yy � n } • 3A ,t.t '. >wR / : . Exhibit B Solary Canal W A C ,' DS MI 09 -07 -10 SITE OEYEEOYMFNT