HomeMy WebLinkAbout2015 08 24 Consent 302 Florida Avenue CRA AgreementCOMMISSION AGENDA
ITEM 302
REQUEST:
Informational
Consent
X
Public Hearings
Regular
August 24, 2015 KS RS
Regular Meeting City Manager Department
The Community Development Department is requesting that the City Commission review
and approve an agreement with the U.S. 17 -92 Community Redevelopment Agency (CRA)
for the Florida Avenue Streetscape Project, funded, in part, from the CRA Redevelopment
Trust Fund in the amount of $451,786.00.
SYNOPSIS:
The attached agreement with the U.S. 17 -92 CRA authorizes the partial funding of the
Florida Avenue Streetscape Project. The maximum amount of funding from the CRA is
$451,786.00. The total cost of the project has been estimated at $821,681.25. The
remaining funding to complete the project would come from the second generation one -
cent sales tax fund.
CONSIDERATIONS:
For the last several years, staff has been looking at projects wherein the City could use CRA
funding to either complete an improvement or as partial funding for a needed improvement.
Recognizing that the City has limited areas of developable frontage along the 17 -92
corridor, staff looked at potential projects from a long term perspective and identified
sustainable infrastructure improvements as a key factor for any project considered.
In 2010, the City completed improvements to Shepard Road with CRA funding. These
improvements have proven to be a valuable asset for attracting additional private
development such as the Seven Oaks project. In 2014, Florida Avenue was identified as
having similar potential to the Shepard Road area in terms of needed infrastructure
improvement and the opportunity to incentivize additional private development in the area;
Consent 302 PAGE 1 OF 2 - August 24, 2015
referred to by the CRA as the "Halo effect ". The Florida Avenue improvements would
include roadway repaving, curbing, sidewalks, and attendant stormwater retention facilities.
On July 28, 2015, the Florida Avenue project was presented to the U.S. 17 -92 CRA and the
City was approved for funding in an amount not to exceed $451,786.00. The agreement
that staff is asking the City Commission to consider authorized CRA reimbursement to the
City for the design, engineering, and construction of the work as outlined in Exhibit A of
the agreement. As previously stated, this reimbursement will not exceed $451,786.00 with
the final reimbursement not being released until the project is deemed completed by the
CRA. Funding from the second generation one -cent sales tax would be used to fund the
construction for amounts above the CRA funding.
FISCAL IMPACT:
The subject agreement authorizes reimbursement from the CRA for the Florida Avenue
project in an amount not to exceed $451,786.00. The total cost of the project has been
estimated at $821,681.00. The additional funding above the CRA funding necessary to
complete the project (estimated to be approximately $370,000) would come from the
second generation one -cent sales tax fund.
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
on file with the City, and all individuals who have requested such information. This
information has also 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. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
The Community Development Department recommends that the City Commission approve
the Florida Avenue Streetscape Project agreement with the U.S. 17 -92 Community
Redevelopment Agency which authorizes CRA reimbursement funding in the amount of
$451,786 to be used as partial funding for the Florida Avenue Streetscape Project.
ATTACHMENTS:
A - Florida Avenue Streetscape Project Agreement
B - Views of Conceptual Design Scenarios
Consent 302 PAGE 2 OF 2 - August 24, 2015
ATTACHMENT A
FLORIDA AVENUE STREETSCAPE PROJECT
CITY OF WINTER SPRINGS/US 17 -92 CRA
THIS AGREEMENT is made and executed this day of , 20 , by
and between the US 17 -92 COMMUNITY REDEVELOPMENT AGENCY, whose address is
1101 East 1st Street, Sanford, Florida, 32771 (hereinafter referred to as the "CRA "), and CITY
OF WINTER SPRINGS, whose mailing address is 1126 East State Road 434, Winter Springs,
Florida 32708 (hereinafter referred to as the "CITY "), for the purpose of facilitating CITY's and
CRA's Florida Avenue Streetscape Project.
WITNESSETH:
WHEREAS, CRA and CITY mutually desire to enter into a cooperative venture to
design a streetscape beautification project along Florida Avenue in Winter Springs; and
WHEREAS, CITY will coordinate the design for the Florida Avenue streetscape
beautification project with the CRA; and
WHEREAS, CRA and CITY have each agreed to mutual obligations to make the design
of the Florida Avenue streetscape beautification project a reality, and each agrees that the
covenants of this Agreement represent the most practical, economic, and beneficial means to
accomplish the parties objectives; and
WHEREAS, both parties hereby represent, each to the other, that they are legally
empowered to enter into this Agreement and have done all steps necessary and incidental to the
execution of this Agreement; and
WHEREAS, this Agreement is authorized under the provisions of Chapter 163, Florida
Statutes (2014), which authorizes the exercise by Agreement of two (2) or more public agencies
of any power common to them,
Florida Avenue Streetscape Project
Page 1 of 10
NOW THEREFORE, in consideration of the mutual covenants, terms, and conditions
contained herein and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereby agree as follows:
Section 1. Recitals. The recitals set forth above are true and correct and form a material
part of this Agreement upon which the parties have relied and are hereby incorporated herein by
reference.
Section 2. Purpose. The purpose of this Agreement is to set forth the terms and
conditions associated with parties' joint responsibilities for completion of the design,
engineering, and construction of the Florida Avenue streetscape beautification Project ( "the
Proj ect ")
Section 3. Term. The initial term of this Agreement begins upon execution of this
Agreement by the parties and remains in effect for a period of two (2) years or until terminated
by either party after first giving thirty (30) days written notice.
Section 4. CITY's Responsibilities. CITY is responsible for:
(a) Managing and hiring all consultants, engineers, design, and construction
professionals involved in the Project.
(b) Ensuring specification of Florida Friendly plant materials within the design.
(c) Paying any and all design, engineering, and construction cost overruns beyond the
CRA contribution approved herein.
(d) Coordinating the design and construction of the Florida Avenue streetscape with
the CRA.
(e) Assuming all maintenance responsibilities for the Florida Avenue right -of -way
from US 17 -92 eastward to Lake Lucerne Circle.
Florida Avenue Streetscape Project
Page 2 of 10
Section 5. CRA's Responsibilities.
(a) CRA shall reimburse CITY for the design, engineering, and construction of the
work as outlined in Exhibit A. Payment will not exceed FOUR HUNDRED FIFTY -ONE
THOUSAND SEVEN HUNDRED EIGHTY -SIX AND NO /100 DOLLARS ($451,786.00).
(b) Final reimbursement will be released when the Project is deemed completed by
CRA. CITY shall submit all receipts and lien releases, if required, for all work completed when
seeking final reimbursement.
Section 6. Notices.
(a) Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by certified United States mail, return receipt requested, addressed to the
party for whom it is intended at the place last specified. The place for giving of notice will
remain such until it is changed by written notice in compliance with the provisions of this
Section. For the present, the parties designate the following as the respective places for giving of
notice, to wit:
For CRA:
CRA Manager
Seminole County
1101 East First Street
Sanford, Florida 32771
With a copy to:
County Manager
County Services Building
1101 East First Street
Sanford, Florida 32771
Florida Avenue Streetscape Project
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For CITY:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
(b) The parties may effect changes or substitution to the names and addresses of the
contact persons, addressee or both by written notice to the other party, which notice may also be
sent via facsimile transmission or electronic transmission, provided that a record of such
communications is maintained by both parties.
Section 7. Termination. Anything else in this Agreement to the contrary
notwithstanding, this Agreement may be terminated by either party upon giving thirty (30) days
written notice to the other party.
Section 8. Insurance Requirements. Each party shall maintain adequate insurance
coverage to protect its own interests and obligations under this Agreement.
Section 9. Indemnification.
(a) Each party to this Agreement is responsible for all personal injury and property
damage attributable to the negligent acts or omissions arising out of this Agreement of that party
and the officers, employees, and agents thereof.
(b) The parties further agree that nothing contained herein may be construed or
interpreted as denying to any party any remedy or defense available to such parties under the
laws of the State of Florida, nor as a waiver of sovereign immunity of CRA and CITY beyond
the waiver provided for in Section 768.28, Florida Statutes (2014), as this statute may be
amended from time to time.
(c) The waiver of a provision herein by either party will not constitute the further
waiver of said provision or the waiver of any other provision.
Florida Avenue Streetscape Project
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Section 10. Independent Contractors. It is agreed that nothing herein contained is
intended or should be construed as in any manner creating or establishing a relationship of
copartners between the parties, or as constituting CITY, including its officers, employees, and
agents, the agent, representative, or employee of CRA for any purpose, or in any manner,
whatsoever. The parties are to be and shall remain independent contractors with respect to all
services performed under this Agreement.
Section 11. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the
benefit of the formal parties hereto and no right or cause of action will accrue under or by reason
hereof to or for the benefit of any third party not a formal party hereto.
Section 12. Equal Opportunity Employment. The parties agree that they shall not
discriminate against any employee or applicant for employment under this Agreement because of
race, color, religion, sex, age, national origin, or disability and shall take steps to ensure that
applicants are employed, and employees are treated during employment, without regard to race,
color, religion, sex, age, national origin, or disability. This provision includes, but is not limited
to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
Section 13. Governing Law. This Agreement is governed by and construed in
accordance with the laws of the State of Florida and the parties consent to venue in the Circuit
Court in and for Seminole County, Florida as to state actions and the United States District Court
for the Middle District of Florida as to federal actions.
Section 14. Force Majeure. In the event any party hereunder fails to satisfy in a timely
manner any requirements imposed by this Agreement due to a hurricane, flood, tornado, or other
Florida Avenue Streetscape Project
Page 5 of 10
act of God or force majeure, then this party will not be in default of this Agreement, provided
that the party recommences performance when the event has ceased its effect.
Section 15. Modifications, Amendments or Alterations. No modification,
amendment, or alteration in the terms or conditions contained herein will be effective unless
contained in a written document executed with the same formality and of equal dignity herewith.
Section 16. Severability. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability will not affect the other parts of
this Agreement if the rights and obligations of the parties contained herein are not materially
prejudiced and if the intentions of the parties can continue to be affected. To that end, this
Agreement is declared severable.
Section 17. Binding Effect. This Agreement is binding upon and inures to the benefit of
the parties hereto and the successors in interest, transferees, and designees of the parties.
Section 18. Public Records. Each party shall allow public access to all documents,
papers, letters, or other materials which have been made or received in conjunction with this
Agreement in accordance with Chapter 119, Florida Statutes (2014), as this statute may be
amended from time to time.
Section 19. Records and Audits. The parties agree to maintain all books, documents,
papers, accounting records, and other evidences pertaining to work performed under this
Agreement in such a manner as will readily conform to the terms of this Agreement and to make
such materials available at all reasonable times during the Agreement period and for five (5)
years from the date of final payment under the contract for audit or inspection.
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Section 20. Conflicts of Interest.
(a) The parties agree that they shall not engage in any action that would create a
conflict of interest in the performance of their obligations pursuant to this Agreement or which
would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes
(2014), as this statute may be amended from time to time, relating to ethics in government.
(b) The parties hereby certify that no officer, agent or employee has any material
interest (as defined in Section 112.312(15), Florida Statutes (2014), as this statute may be
amended from time to time, as over 5 percent), either directly or indirectly, in the business of the
party to be conducted hereunder; that no such person may have any such interest at any time
during the term of this Agreement; and that no person may use any monies derived under this
Agreement for lobbying the legislature in contravention of Section 216.347, Florida Statutes
(2014), as this statute may be amended from time to time. The occurrence of an event of ethics
violation as envisioned herein will be grounds for unilateral termination of this Agreement by the
non - offending party.
Section 21. Compliance with Laws and Regulations. In performing under this
Agreement, the parties shall abide by all statutes, ordinances, rules, and regulations pertaining to
or regulating the acts contemplated to be performed herein, including those now in effect and
hereafter adopted. Any material violation of these statutes, ordinances, rules, or regulations will
constitute a material breach of this Agreement and entitle the non - violating party to terminate
this Agreement immediately upon delivery of written notice of termination to the violating party.
Section 22. Dispute Resolution. CRA and CITY agree to follow and comply with any
dispute resolution agreement between the parties and the provisions of Chapter 164, Florida
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Statutes (2014), as this statute may be amended from time to time, for any dispute arising from
or relating to this Agreement.
Section 23. Construction of Agreement. This Agreement may not be construed more
strictly against one party than against the other merely by virtue of the fact that it may have been
prepared by counsel for one of the parties, it being recognized that each of the parties have
contributed substantially and materially to the preparation hereof.
Section 24. Headings. All sections and descriptive headings in this Agreement are
inserted for convenience only and do not affect the construction or interpretation hereof.
Section 25. Entire Agreement. This Agreement states the entire understanding between
the parties and supersedes any written or oral representations, statements, negotiations, or
agreements to the contrary. This Agreement binds the parties, their assigns, and successors in
interest.
Section 26. Exhibits. Exhibits to this Agreement, if any, are deemed to be incorporated
into this Agreement as if fully set forth verbatim into the body of this Agreement.
Section 27. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, shall be an original, but all
counterparts shall together constitute one and the same instrument.
[Balance of this page left intentionally blank; signatures on next page]
Florida Avenue Streetscape Project
Page 8 of 10
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set
forth below.
ATTEST:
By:
ANDREA LORENZO- LUACES, MMC
City Clerk
Approved as to form and Date:
legal sufficiency.
ANTHONY A. GARGANESE
City Attorney
ATTEST:
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
County Attorney
Date:
Attachments:
Exhibit A — Scope of Services & Cost Estimate
CITY OF WINTER SPRINGS
CHARLES LACEY, Mayor
US 17 -92 COMMUNITY
REDEVELOPMENT AGENCY
BRENDA CAREY, Chairman
As authorized for execution by the US 17 -92
CRA at its 20 ,
regular meeting.
MCC
7/28/15
P:AUsers\Legal Secretary CSB\Economic 1)eve1opment \CRAA2015\F1orida Avenue Streetscape Project Jul I4(15).doc
Florida Avenue Streetscape Project
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EXHIBIT A
SCOPE OF SERVICES
Florida Avenue Cost Estimate
* The CRA's contribution for the itemized costs above will not exceed FOUR HUNDRED FIFTY -
ONE THOUSAND SEVEN HUNDRED EIGHTY -SIX AND NO /100 DOLLARS ($451,786.00).
Florida Avenue Streetscape Project
Exhibit A
End at Lake Lucerne
Item
Unit
Quantity
Unit Price
Cost
Mobilization
LS
1
$20,000.00
$20,000.00
Maintenance of Traffic
LS
1
$15,000.00
$15,000.00
Demolition/Clear & Grub
LS
1
$50,000.00
$50,000.00
Erosion Control
LS
1
$2,500.00
$2,500.00
5 -Foot Sidewalk (both sides)
SF
13,500
$3.20
$43,200.00
Type F Curb & Gutter
LF
2,700
$18.50
$49,950.00
Type B Stabilization
SY
3,000
$16.00
$48,000.00
8 -Inch Roadway Base
SY
3,000
$22.00
$66,000.00
Superpave Type SP 12.5 (1.5 ")
TN
250
$120.00
$30,000.00
Signage & Striping
LS
1
$5,000.00
$5,000.00
Hardscaping (Brick Pavers)
LS
1
$10,000.00
$10,000.00
Decorative Crosswalk
LS
1
$10,000.00
$10,000.00
Roadway Drainage System
LS
1
$66,000.00
$66,000.00
Stormwater Pond Allowance
LS
1
$50,000.00
$50,000.00
Driveway Improvements
LS
1
$25,000.00
$25,000.00
Restoration
LS
1
$15,000.00
$15,000.00
Subtotal:
$505,650.00
Contingency (15 %):
$75,847.50
Design:
$50,565.00
Total:
$632,062.50
Cost to Extend to City Property at Sewer Plant
$189,618.75
Total Project Cost:
$821,681.25
* The CRA's contribution for the itemized costs above will not exceed FOUR HUNDRED FIFTY -
ONE THOUSAND SEVEN HUNDRED EIGHTY -SIX AND NO /100 DOLLARS ($451,786.00).
Florida Avenue Streetscape Project
Exhibit A
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