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HomeMy WebLinkAbout2011 06 27 Consent 210 Requesting Authorization for Right of Entry Agreement - Solary CanalCOMMISSION AGENDA ITEM 210 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR June 27, 2011 MGR /DEPT Meeting Authorization REQUEST: Public Works Department requesting authorization to enter into a Right of Entry Agreement with the St. Johns River Water Management District for access to complete construction of the Solary Canal Regional Stormwater Treatment Area SYNOPSIS: Construction activity on the Solary Canal Regional Stormwater Treatment Area Was suspended in January 2011 due to unforeseen artesian groundwater discharges at the site. The project design has been updated and the St. Johns River Water Management District desires to fund and administer the remaining construction using a District contractor. The Right of Entry Agreement provides authorization for the District's contractor to enter the City's property for completion of the project, which is expected to resume construction immediately. 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. 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, 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. Construction started on April 19, 2010 and is approximately 70% complete at this time. on July 12, 2010, an artesian groundwater discharge (boil) was encountered during excavation of the wetland area. Several additional boils were encountered during the week of July 12. on July 19, 2010, the contractor was directed to suspend deep excavation due to the potential for encountering additional boils. Subsequent geotechnical investigations 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. June 27, 2011 Agenda Item #210 Page 2 of 3 • 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, and terminating the Wal -Rose contract avoids having to potentially pay for idle equipment and other associated delay costs. on February 2, 2011, the City terminated Wal- Rose's contract, subject to completion of several closeout activities and submittal of all required closeout documents, Which have all now been completed. • SJRWMD's design engineer, CH2M Hill, is currently preparing a design modification that shallows the pond and wetland areas by several feet to minimize the risk of failure. The revised design reduces the overall pollutant - removal effectiveness by approximately 40 %; however, even at a reduced efficiency the project still provides a significant water quality improvement for Lake Jesup. • The District informed the City in April 2011 that they would like to utilize one of the District's annual contractors, The Westwind Company, to complete construction based on the modified design. • This agenda item is for a Right of Entry Agreement granting the District and its construction contractor, The Westwind Company, a license to enter upon the City's property for the purpose of completing construction of the facility. The District will be responsible for supervising the work and ensuring that the work is completed in accordance with the revised design plans. The Right of Entry Agreement has been reviewed and approved by the City Attorney. FISCAL IMPACT: The project construction is funded entirely by the St. Johns River Water Management District, and the Right of Entry Agreement has no fiscal impact on the City. COMMUNICATION EFFORTS: This Agenda Item Has Been Electronically Forwarded To The Mayor And City Commission, City Manager, City Attorney /Staff, And All eAlertleCitizen Recipients, And Is Available on The City's Web site, 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 City Staff, Media/Press Representatives on File With The City, And All Individuals Who Have Requested Such Information; And Has Been 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. This Agenda Item Is Also Available To Any New Individual June 27, 2011 Agenda Item #210 Page 3 of 3 Requestors. City Staff Is Always Willing To Discuss This or Any Agenda Item With Any Interested Individuals. RECOMMENDATION: Staff recommends the City Commission provide authorization to enter into a Right of Entry Agreement with the St. Johns River Water Management District for access to complete construction of the Solary Canal Regional Stormwater Treatment Area, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: 1. Right of Entry Agreement (2 pages) RIGHT OF ENTRY AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF WINTER SPRINGS THIS 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 ("City"), whose address is 1126 East SR, Winter Springs, FL 32708. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. WHEREAS, the parties entered into an agreement, District Contract No. 25463, on December 22, 20091, for the construction and maintenance of the S olary Canal Regional Stormwater Treatment Facility (the "Facility "); and WHEREAS, the construction of the Facility is incomplete, and due to the unanticipated development of increased upward flow of groundwater at a portion of the site, it has been necessary to redesign the Facility; and WHEREAS, due to the delay involved with investigating site conditions and completing the re- design process, it was necessary for the City to terminate the contract with its construction contractor; and WHEREAS, the District wishes to assist the City in completing construction of the Facility on an expedited basis in accordance with the redesign plans to be jointly developed by the parties. NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of this Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. The City grants the District and its construction contractor a license to enter upon the property upon which the Facility is under construction for the purpose of completing construction of the Facility in accordance with the redesign plans to be developed by the District and the City. This license shall expire upon acceptance of the Facility as complete by the District and the City. 2. The District shall be in privity of contract with the construction contractor and shall be responsible for supervising the work and ensuring that the work is completed in accordance with the redesign plans. 3. The District shall require the construction contractor to list the City as an additional insured under its general liability insurance policy. 4. In the event the District requires the construction contractor to provide a performance bond, the City shall be listed as a beneficiary of such bond. 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, or duly authorized designee, and City has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representative. 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 By: By: Kirby B. Green III, Executive Director (or designee) Date: Typed Name and Title Date: APPROVED BY THE OFFICE OF GENERAL COUNSEL Attest: Stanley J. Niego, Sr. Assistant General Counsel Typed Name and Title _ _ _ _ _ _ _. _ _ --�-�..�,, . RIGHT OF ENTRY AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF WINTER SPRINGS THIS 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 CTT'Y OF WINTER SPRINGS ("City"), whose address is 1126 East SR, Winter Springs, FL 32708. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. WHEREAS, the parties entered into an agreement, District Contract No. 25463, on December 22, 2009, for the construction and maintenance of the Solary Canal Regional Stormwater Treatment Facility (the "Facility"); and WHEREAS, the construction of the Facility is incomplete, and due to the unanticipated development of increased upward flow of groundwater at a portion of the site, it has been necessary to redesign the Facility; and WHEREAS, due to the delay involved with investigating site conditions and completing the re- design process, it was necessary for the City to terininate the contract with its construction contractor; and WHEREAS, the District wishes to assist the City in completing construction of the Facility on an expedited basis in accordance with the redesign plans to be jointly developed by the parties. NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of this Agreement, and other good and valuable consideration, receipt of which is hereby aclrnowledged, the parties hereby agree as follows: 1. The City grants the District and its construction contractor a license to enter upon the property upon which the Facility is under construction for the purpose of completing construction of the Facility in accordance with the redesign plans to be developed by the District and the City. This license shall expire upon acceptance of the Facility as complete by the District and the City. 2. The District shall be in privity of contract with the const�uction contractor and shall be responsible for supervising the work and ensuring that the work is completed in accordance with the redesign plans. 3. The District shall require the construction contractor to list the City as an additional insured under its general liability insurance policy. 4. In the event the District requires the construction contractor to provide a performance bond, the City shall be listed as a beneficiary of such bond. 1 . . 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, or duly authorized designee, and City has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representative. Tlus 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 b� changed by �ny means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RNER WATER CITY OF WIlV'i"r',P. S�F.II�TGS MANAGEMENT DISTRICT i ,� �� �� sy:l `� .�-E'/ By: Kirby B. Green III, E ecutive Director (or designee) Kevi L. Smit , City Manager Typed Name and Title Date: C�",�-1��� Date: June 29, 2 011 APPROVED BY TI� OFFICE OF GENERAL COUNSEL .._ -- Attest: �=. ,��;,� Shawn Boyl Fina e Director S� ey J. Niego, r. A istant en al Counsel Typed Name and Title ; 2