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Home My WebLink About2001 11 13 Other Handout by Mr. George Edwards NOVEMBER 13, 2001 HANDOUT BY MR. GEORGE EDWARDS. II .., COMMISSION AGENDA ITEM B CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR November 12,2001 Meeting MGR I~ /DEPT Jff I Authorization REQUEST: Public Works Department Requesting the City Commission Approve the Recommendation of the Tuscawilla Lighting and Beautification District Advisory Committee to Relocate the Eastern Entrance closer to Seneca Boulevard and also update the City Commission on the Project Status. PURPOSE: The purpose of this Board item is to request the City Commission approve the relocation and new design of the eastern entrance on Winter Springs Boulevard to include Seneca Boulevard and to also provide an update on the progress and financial status of the project. CONSIDERA nONS: The City Commission's approval is needed for any substantial changes to the TLBD project plans. The substantial change is the shifting of the eastern Tuscawilla entrance further east on Winter Springs Boulevard to encompass Seneca Boulevard. After the construction on this entrance was initiated and meetings with adjacent residents, our consultant discovered that the median signage did not meet the new sight distance regulations that had been implemented since this project was designed. Although the sight distance deficiency could have been corrected with modifications to the signage at the initial location, additional concerns were raised by residents utilizing Seneca Boulevard that the signage was too far down WSB to provide a significant benefit to them. Another concern was that the location also created a perception that Seneca Boulevard was not part of Tuscawilla. SRI developed a plan, which addressed the concerns raised. The proposed signage plan as well as the initial signage plans is attached to this agenda item. The estimated cost for the relocation and reconfiguration is estimated at $30,000. This change is shown proposed change order #2 in the project budget estimate. Attached are the monthly reports for September and October from SRI in addition to the project budget estimate through November 2, 2001. Change Order # I ($53,020.42) was recently Consent Agenda Item B November 12,2001 Page 2 executed which increased the contract cost to $1,814,224.89 from the initial Commission approved amount of$I,761,204.47. The breakdown for change order #1 is attached. Commission Contract Authorization Change Order # 1 Proposed C. O. #2 - Seneca Entrance $1,761,204.47 $53,020.42 $30.000.00 $1,844,224.89 FUNDING: The attached project budget estimate lists all known and projected expenses to date including the $30,000 estimated for the changes at the eastern entrance. The remaining TLBD Capital funds after all known and projected expenses are estimated to be approximately $103,000 at this time. RECOMMENDATION: It is recommended that the City Commission approve the relocation and new design of the eastern entrance on Winter Springs Boulevard to include Seneca Blvd. at an estimated cost of $30,000 to the TLBD capital improvement project fund. IMPLEMENTATION: The TLBD Advisory Committee will work with SRI to finalize the plans and the appropriate change order processed for this work. Project con:tpletion per the contract remains unchanged for May 2002. A'ITACHMENTS: 1. Proposed and Initial Eastern Entrances 2. TLBD Project Budget Estimate 3. Change Order # 1 Breakdown 4. SRI September and October Monthly Reports COMMISSION ACTION: '.. .-"-,.'.-.. ...._---~-_., A TT ACHMENT NO. 1 , / - - - - - - --------- I I p.mA-gIW~ug-S-----1 I '~ - - - - - - --........ , , :l' ~ :r .~ ~'IX .r.~ -l ~ ...J ~ Z ~ cr o i ~ I .J. I I I I U'.l bJ) C . Z Z 00 . 0 f")~ :;:1= ~o ~ . I- 'wa: ~a: ~o ~~ S~ :;j VIa: ...J o VIer VlIoJ 1::... 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Q) ~ s:: .- ~ TlBD PROJECT BUDGET ESTIMATE REVENUES Prepayments and Assessments Bond Anticipation Notes Original Issue Discount Accrued Interest Bond Proceeds A TT ACHMENT NO. 2 Estimates 11/1/01 $316,000 $0 ($24,078) $2,483 $2,265,000 TOTAL REVENUES $2,559,405 EXPENSES Pre-Construction Cost Accrued Interest to Interest Account Underwriters Discount Cost of Issuance Legal Services Design Services Planning and Administrative Services $2,483 $25,843 $76,898 $152,000 $184,000 $16,000 $457,224 Available for Construction I $2,102,181 I Construction Costs Cathcart Construction Company Contract Base Bid Alternative #4 - Vistawilla Drive Wall Alternative #5 - Trotwood Boulevard Wall Standstill Agreement Cost Remobilization (Disputed Claim) Change Order #1 Change Order #2 (Pending) - Estimate of Seneca Entrance Change Change Order #3 (Anticipated) - Add'l Street Signage Construction Administration SRI Graham Landscape Consultants Easement Acquisition Surveying/Recordation Fees Trotwood Wall Reimbursement - Church Tuscawilla HOA Predesign Reimbursement Vistawilla Brick Wall $1,885,625 $1,681,445 $8,700 $17,000 $54,060 $19,400 $53,020 $30,000 $22,000 $41,500 $31,500 $10,000 $27,010 $9,100 $14,110 $1,000 $2,800 Secondary Entrances/Dyson $45,000 PROJECTED CONSTRUCTION EXPENSES I $1,999,135 I ESTIMATED REMAINING CAPITAL FUNDSI $103,046 I 11/0212001 n___ - - TLBD Construction Imorovements-Balance Sheet I ITEM DESCRIPTION AMOUNT BALANCE $2,102,181.00 CATHCART CONSTRUCTION CO. ($1,707,144.89) $395,036.11 1 1 st Adiustment for Consumer Price Index (CPt) ($54,059.58) 2 Mobilization ($19.400.00) TOTAL PRE-CONST ($73,459.58) $321,576.53 ~- CO#1 3 2nd Adiustment for CPI Tot=4.8% ($27,155.62) 4 Building Permit ($325.00) 5 Fuente's Drive ($14,000.00) 6 Re-Locate Trees-Winter Springs Entrywav ($1,380.00) 7 Add 160 sv of Paver-Winter Springs Blvd. ($16,189.00) 1------- 8 Additional Survey Work @ WSB ($2,100.00) 9 Added Cost-Colored Mortar ($5,186.50) 10 Delete Orioional Paver-Trotwood @ Bid Price $12,100.00 11 Add 97.77 sy of Paver-Trotwood ($9,777.00) 12 Repair Pilasters-- Trotwood ($1,006.00) 13 Add 5 Pilaster Caps- Trotwood ($500.00) 14 Remove Anole Wall- Trotwood ($1,370.00) 15 Add Rail to Wall- Trotwood ($1,242.00) 16 Delete 70 LF Wall- Trotwood $6,069.70 17 Delete Sidewalk Relocation- Tuscora $945.00 18 Add 5 Pilaster Caps- Vistawilla ($604.00' 19 Delete100 If of masonry wall- Vistawilla $8,700.00 TOTAL CO#1 ($53,020.42\ ~--~- ($126,480.00\ TOTAL CATHCART $268,556.11 ----- ---- -- ---- EASEMENT RELATED EXPENDITURES 20 Tuscawilla HOA Reimbursement ($1,000.00\ - 21 Sianaae Improvements ($22,000.00) 22 Church Wall ($14,110.00' 23 Vistawilla Wall ($2,800.00) 24 Tinklepaugh ($6,859.00' --~--~-- -- 25 Recordation Fee ($400.00\ 26 B~_c.2.rili/:.1.9 Drawinos-Main EntrancefTuscora ($1,150.00) ---~~ ---- 27 Recording Fee, Main Entrance ($691.50) - ---- - -- TOT AL EASEMENTS ($49,010.50) $219,545.61 --- -.- -.-- -------~------ E'ol-TLOD Balance Sheel. 11/12101 28 sri ($31,500.00) TOTAL sri ($31,500.00) $188,045.61 ------ -~ 29 Graham Landscape Consultants TOTAL GRAHAM LAND. CONS. ($10000.00) ($10,000.00) $178,045.61 30 Seneca {$30 000.00' TOTAL SENECA ($30,000.00 $148,045.61 I 31 Dyson Drive {$15,000.00 32 Howell Creek Drive {$15,OOO.00 33 Deer Run ($15 000.00 TOTAL MINOR ENTRANCES ($45,000.00 $103,045.61 REMAINING BALANCE $103,045.61 1---- Ex.l- rUlD Balanco Shoal. 11/12101 o _ g (ij tn- ~ ~ E '0 ~ '0 B Q) ....~ Oi:; C ~ ~ ~ Q .Qco c : ~ ~ o > 0 "012 +:i 0 .2.I~ .!; co .g"O"OE Q)_ o _COOE....~0 ~ ca..E'c~E8 Q) ,.. .... .= +:i E '-' co _ -0 0 - :J - L......CO co ~ ~ .~ (ij. is. ~ 5 CU '-(j)co>Oo:;:: m ..5"O~oEC~U 21 E VI .- "0 "0 .- ~ ~ ~ -u a; <u c; ~tV-Q)coc::U co E ..... :;:: 0 Q) .a :J t en E&g.~t?00E c ~ C Q) Q) ";:: OJ Q) . 0 OJ <..> 3: tV .ri <i ,j o~ ~ ~ .- N M II) .... E ::J C 0) .-w ," ~ ..-- o I '0 or- 9- ci ~ z ON 0<0 l(jl(j Ntn M ..-- r--.- N ro (5 I-~~ ~ CU "0 ~ cx>ocx> C'l..--..--..-- ..-- cD N tn- ..-- ~~~~ "0"0"0"0 "0"0"0"0 co co OJ co "0 '0 > co o ...... 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A TT ACHMENT NO. 4 Monthly Status Report - September 2001 Tuscawilla Lighting and Beautification District Entry Way Enhancements The scope of work for this project consists of new entryway enhancements, new irrigation and re-Iandscaping of the center median islands along Winter Springs Boulevard. This is a phased project with a contract completion date established as May l6th, 2002. Work in place to date is as follows: A. Demolition is complete; foundations and brickwork at the Tuscawilla and Winter Springs Boulevard, main entrance is at 50%. B. Foundations and brickwork at the Vistawilla entrance are 75% complete on the West side. C. At Seneca and Winter Springs Blvd., the location was revised for safety and aesthetic reasons. The contractor is returning this site to its original condition. Contractor to submit schedule cost impact, to the Architect for review regarding the new work. D. Shetland and Citrus - driveway and walks have been poured. Demolition is complete, layout of foundations are in place. E. Trotwood and Winter Springs - demolition is complete, layout of foundations are in place. Work to begin on Monday October 15,2001. F. Tuscora - no work to date. Easements not yet acquired. G. The Center Median Island along Tuscawilla Blvd is at 30% cleared and partially graded with a small amount of irrigation in place. The irrigation was started on islands 1 and 2, however the work was done using portions of the existing irrigation lines, which will be re installed properly with all new lines, starting on Monday, October 15,2001. The project is behind according to the contractor's 210 day accelerated schedule, but remains on schedule as it relates to the contract 365-day schedule. Weekly meetings with the Contractor, Architect and City of Winter Springs continue to monitor the progress and r~r~~r~ John S. NeSmith Construction Administrator .Ii Monthly Status Report - October 2001 Tuscawilla Lighting and Beautification District Entry Way Enhancements The scope of work for this project consists of new entryway enhancements, new irrigation and re-Iandscaping of the center median islands along Winter Springs Boulevard. This is a phased project with a contract completion date established as May 16th, 2002. Work in place to date is as follows: A. Demolition is complete; foundations and brickwork at the Tuscawilla and Winter Springs Boulevard, main entrance is at 65%. B. Foundations and brickwork at the Vistawilla entrance are 75% complete on the West side. Layout and clearing are complete on the Eastside. Work. scheduled for week of 11/5/01. C. At Seneca and Winter Springs Blvd., the location was revised for safety and aesthetic reasons. The contractor has returned the original site to its previous condition. Acquisition of easements is in progress. D. Shetland and Citrus - driveway and walks have been poured. Demolition is complete, layout of foundations are in place. E. Trotwood and Winter Springs - foundations are in place, brickwork has started and is approximately 50 % complete. F. Tuscora - Electrical conduits for lighting in place, easements have been acquired, Contractor notified. G. The Center Median Islands along Tuscawilla Blvd is at 30% cleared and partially graded with irrigation in place. New irrigation lines are in place, in islands 1-5, landscaping is scheduled to start 11/6/01. The project is behind according to the contractor's 210 day accelerated schedule, but remains on schedule as it relates to the contract 365-day schedule. Weekly meetings with the Contractor, Architect and City of Winter Springs continue to monitor the progress and resolve any issues. ~~~.~ John S. NeSmith Construction Administrator -Ii Nov-12-01 09:45A " \\ b r4 +-+ '1 Chestt1ut Estates Homeowners Association P.02 Itegilltered Agent for CEUOA - Leland Management 1633 Ea5t Vine Street, Suite 110 Kissimmee, FL 34744 l)hnne 407.846.0346 November 11. 2001 Ueorge F. Edwards Capital Project~ Coordinator 1126 East State Road Winter Springs, FL 32708-2799 Refl: Winter Springs J31vd. I Seneca Entrance for Tuscawilla Beautificatiun Project Kef2: Letter dated October 17,2001 trom City of Winter Springs to CEHOA requesting review amI qucstion~ regarding nmditicd design and location Oear Mr. Edwards. On behalf of the Chestnut Estates Homeowners Association Board of Directors, please accept this letter as our concurrence and satistaction on the revised plans '()r the East Entrance of TuscawiJ/a on Winter Springs Boulevard (WSB) to Tusci.lwilla. Per our discussion~, we anticipate a quiek recovery oCtile original construction site. The fi)l1owing items of recovery still require prompt attention: 1. Sod work remains on the north side of the WSB and behind the privacy wall on the south side ofWSB. Additionally, the center island requires recovery and sod. 2. Our sprinkler system on the south side requires additional repairs to be restored to original capacity. The system has a failure 011 7.one 1 .md zone 2 aClivatcs with all :lones. There where six origintll zones. but repairs included new wires adding zones 6-8. 3. Building material still requires recovery. There is rebar and a box with wire mesh on the south side of WSB. Lastly, we would like tn follow-up on our discussions regarding modified ea~ments and right of ways requirements to aceommodl.lte the instaUation and maintenance of the new el1tram.~ way. Specifically, the proposed ea..;;emellt modilieation tying the new construction inlO our existing privacy wall un the corner of WSR and Seneca. Please feel free to contact Leland Mgt (Registered Agent - Mr. Richard Murphy) to coordinate easement rnodilications. Thank you for your help and ellorts in coordinating this improvement to our community. Your protessionalism and assistance is greiltly appreciated. ~:M c. t)~ Robert A. Olson President. CEHOA Ce/fi Ie: Leland Mgt I( bA tt II ~tf-. j l;-. 6i ts- Prepared by and return to: City of Winter Springs 1126 East State Road 434 Winter Springs. FL 32708 Alln: City Manager DRAFT TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT IMPROVEMENTS AND MAINTENANCE EASEMENT THIS EASEMENT, made this day of ,2001 by THE CHESTNUT EST A TES HOMEOWNERS ASSOCIATION, INC., a Florida Not-for-Profit Corporation having a mailing address of 102 Black Cherry Court, Winter Springs, Fl 32708 (hereinafter called "Grantor") in favor of the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, having a mailing address of 1126 East State Road 434, Winter Springs, Fl 32708 (hereinafter called "Grantee"). WITNESSETH WHEREAS, Grantor is the sole owner of certain real property located within the defined area of the Tuscawilla Lighting and Beautification District: and WHEREAS, Grantor desires to convey a perpetual easement over, under, and across a portion of its real property, as legally described herein, for purposes of allowing Grantee to construct, operate and maintain signage, wall, water features, landscaping, and utility improvements and other incidental appurtenances and accessories thereto in the Tuscawilla Lighting and Beautification District (hereinafter called "TLBD") which was created by the City of Winter Springs for the benefit of the public: and WHEREAS, Grantor, as fee simple owner of the easement property, also agrees to assist Grantee in obtaining any local, state, or federal permits required to construct the TLBD improvements and any other incidental appurtenances and accessories thereto: and NOW, THEREFORE, in consideration of the enumerated TLBD purposes stated herein, and mutual covenants, terms and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor provides as follows: 1) Recitals. The foregoing recitals are hereby incorporated herein by this reference. 2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, and its successors, and assigns, subject to any previous duly recorded easements or grants of record, TLBD improvements and maintenance easement over, under, and across the real property described as depicted on EXHIBIT "A", GFE-Word-Beautification Chestnut Estates Easernent-II/I2IOI Which is attached hereto and incorporated herein by this reference (hereinafter the "Property") of the nature and character and to the extent hereinafter set forth. 3) Purpose of Easement. This Easement is granted for the express purpose of allowing Grantee to use the Property to construct and maintain TLBD improvements over, under, and across the Property, including, but not limited to, signage, walls, water features, landscaping, utilities and any other incidental appurtenances and accessories thereto. It is also the express purpose of this Easement to provide Grantee unconditional ingress and egress to, over, under and from the Property for the purposes stated herein. 4) Riehts of Grantee. To accomplish the purposes stated above, and at Grantee's expense, the following rights are conveyed the Grantee by this easement: a. To use the Property to construct, operate, and maintain TLBD improvements over, under, and across the Property including, but not limited to, signage, walls, water features, landscaping, and utilities and any other incidental appurtenances and accessories thereto; b. To prevent any activity on or use of the Property that is inconsistent with the purpose of the Easement, and to require the restoration of areas or features of the Property that may be damaged by an inconsistent activity or use; c. To use this Easement for ingress and egress to the defined TLBD improvements; d. To cut, trim, and keep clear such trees, brush, and undergrowth that might hinder or prohibit the use of the Property including, but not limited to signage, walls, fountains, landscaping, and utilities and any other incidental appurtenances thereto; and e. To take any civil action deemed necessary, at the Grantee's sole and absolute discretion, to protect and preserve the Easement granted hereunder. 5) Permits The parties acknowledge that certain local, state, and federal permits may be required from time to time for purposes of constructing, operating, and maintaining the TLBD improvements and other incidental appurtenances and accessory structures referred to herein. Grantor as fee simple owner of the Property, hereby agrees to allow Grantee to make application for said permits and also agrees to join in any said permit (as signatory or otherwise) when required by any permitting agency for issuance of the permit. Notwithstanding, Grantee shall be solely responsible and liable for complying with any local, state, or federal permit requirements, obligations, and duties (if any) related to the construction, operation, and maintenance of the TLBD improvements and other incidental appurtenances and accessory structures. GFE- Word-Beautification Easement. 4/17/0 I 2 6) Easements. Run with the Land. This Easement shall remain a charge against the Property. Therefore, this Easement shall "run with the land" and be automatically assigned by any deed or other conveyance conveying a portion of the Property relating to this easement, even though conveyance makes no reference to this Easement as such. 7) Attornev's Fees. In the event of any legal action arising under this Easement between the parties, the parties agree to incur their own attorney's fees, court costs, and expenses, through all appellate proceedings. 8) Recordation. Grantee shall record this instrument in a timely fashion in the Official Records of Seminole County, Florida and may re-record it at any time as may be required to preserve its rights in this Easement. 9) Successors. The covenants, terms, conditions, rights, and restrictions of this Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the Property. 10) Grantors Representations and Warranties. Grantor hereby agrees and makes the following representations and warranties to Grantee: a. Grantor is lawfully seized of said Property in fee simple and has full and lawful authority to execute this Easement, convey the Easement to Grantee, and bind the Property as set forth herein. b. The Property is free of any and all encumbrances, except zoning restrictions and prohibitions and other requirements imposed by government authority and other encumbrances which are recorded in the public records of Seminole County, Florida. c. Grantor shall pay any and all taxes that are levied on the Property, from time to time, as said taxes and assessments come due. The improvements contemplated to be made on this easement are for a Public purpose and therefore not considered as being subject to taxation. If said public improvements are assessed taxes, the Grantee will be responsible for the payment of taxes attributed specifically to the public improvements. d. Grantor hereby warrants the title to the Easement granted hereunder over, under, and across the Property and will defend the same against lawful claims of all persons whomever. GFE-Ward-Beautification Easement. 4/17/01 3 11) Grantee's Rieht to Seek Equitable Relief. Grantor agrees, acknowledges and recognizes that any breach of this easement by Grantor would result in irreparable harm to Grantee and the TLBD, and accordingly, Grantor agrees that in addition to and not in lieu of all legal and equitable remedies available to Grantee by reason of such breach, Grantee shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and continuation of the breach. 12) Entire Aereement. This Easement constitutes the full and entire agreement between the parties hereto and supercedes any oral or written prior communications between the parties related to the subject matter contained in this Easement. The Easement shall be governed by the laws of Florida. 13) Sovereien Immunitv. Nothing contained in this Easement shall be construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the Grantee's potential liability under state or federal law. 14) Modifications. This Easement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns heirs, or representatives thereto. 15) Grantors Dutv of Noninteference. Grantor agrees not to interfere or allow others to interfere with Grantor's rights to use the Property as specifically set forth herein. Grantor agrees not to permit or allow the construction or erection of any building or structure on the Property without prior written consent of the Grantee. 16) Termination. The parties agree that this Easement is intended to be perpetual. However, in the event the Grantee determines, at its sole discretion, that it no longer requires the property for TLBD improvements described herein, Grantee, at Grantor's written request, agrees to execute an appropriate written instrument to terminate this easement. Upon termination of the Easement by the Grantee, Grantee, upon request of the Grantor, will remove the TLBD improvements and restore the Property to its original condition, less reasonable wear and tear. 17) Reciprocal Indemnification. To the extent permitted by law, each party hereto agrees to indemnify and hold harmless the other party hereto and the other party's employees and officers from and against all claims, losses, damages, personal injuries (including but not limited to death), of liability (including reasonable attorney's fees through all appeals), directly or indirectly arising from, or out of the indemnifying party's acts, errors, or omissions, intentional or otherwise, resulting from this Easement and Agreement. GFE-Ward-Beautification Easement. 4/17/01 4 IN WITNESS WHEREOF. Grantor and Grantee set their respective hands on the day and year above written. GRANTOR THE CHESTNUT ESTATES HOMEOWNERS ASSOCIATION, Inc. By WITNESSES: Robert Olson, President Print Name by Print Name STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this Day of ,2001 by who is/is not personally known to me, or has produced as identification. NOTARY PUBLIC GRANTEE CITY OF WINTER SPRINGS WITNESSES: By: Ronald W. McLemore City Manager Print Name STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this _ day of _,2001 by Ronald W. McLemore, City Manager of the City of Winter Springs Florida who is/is not personally known to me, or has produced as identification. NOTARY PUBLIC GPE-Word-Beautification Easement. 4/17/01 5