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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 Page 3 of 10 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 Page 4 of 10 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. Florida Avenue Streetscape Project Page 6 of 10 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 Florida Avenue Streetscape Project Page 7 of 10 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 Page 9 of 10 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 0 W �nter Spn*ngs Redeveiopment ATTAOHMENTe 0 US 17-92 CRA Prolect W IN i ..AIL i Winter Springs, Florida Florida Avenue Streetscape Project concept Overview Winter Springs Redevelopment US 17 -92 CRA Project 9nivwsccl c,i i�r°errl�nr��! MEDIAN LANDSCAPING `* EYE E� BY OTHERS s FENCE CANOPY TREES SPECIMEN. PALMS -4 DECORATIVE SIDEWALK LP yt �r GATEWAY FtORIL7A AVt - FEATURE x-21 S L DECORATIVE CROSSWALK{ r LAN PE SIDEWALK AREA r. DECORATIVE LOW DECORATIVE , ;,. SIDEWALK ` r SC RFFN WAI L ` r r s 1,tC7,4�� HERBERT y� � ,� i e x S.p r i n� 5 , � I :> >• � I :: . Florida Avenue Streetscape Project Intersection concept Springs Redevelopment US 17 2 CRA Project Florida Avenue Streetscape Project Gateway Concept Detail