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HomeMy WebLinkAbout2012 11 19 Regular 600 Tuscawilla Units 12-12A Wall Assesment COMMISSION AGENDA Informational Consent ITEM 600 public Hearings g Regular X November 19, 2012 KS RS Special Meeting City Manager Department REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission consider a request of the Tuscawilla Units 12/12A Wall Ad-Hoc Advisory Committee for the creation of a Special Assessment District to facilitate capital improvements, ongoing repairs, and maintenance of the Tuscawilla Units 12/12A Wall. SYNOPSIS: On October 22, 2012, as part of Regular Agenda Item 600, the City Commission accepted the final report of the Tuscawilla Units 12/12A Wall Ad-Hoc Advisory Committee and directed staff to bring back, at the November 19, 2012 meeting, an agenda item with a plan for the creation of a Special Assessment Program based on the Committee's recommendation in their report. CONSIDERATIONS: FINAL REPORT The Tuscawilla Units 12/12A Wall Ad-Hoc Advisory Committee unanimously recommended the following actions in their final report(see Attachment'C'): Base Recommendation • The creation of a Special Assessment Program for Tuscawilla Units 12/12A Wall. • Replacement of all eight (8) entrance corner sections including the wing walls at four (4) entrances, with a new wall of similar appearance, that meets all applicable Regular 600 PAGE 1 OF 7- November 19,2012 building codes. • Retain the remainder of the existing wall in its current locations and place it on a cosmetic repair and maintenance program. • Install drought tolerant, low-maintenance landscaping at each of the four entrances. Additional Recommendations • Addendum 91 - Requesting forgiveness of the previous City outlay of$8,125. • Addendum 92 - Requesting authorization to begin immediate repairs of existing wall in the amount of$6,025. Under the totality of the circumstances, staff agrees that a Special Assessment Program is the most reasonable vehicle to fund and administer an ongoing maintenance program for the Units 12/12A Wall. Pursuant to a request of the City Commission at the October 22, 2012 Commission Meeting, Staff has prepared the following plan for implementing the Committee's recommended program: A) PROGRAM ESTABLISHMENT For implementation of the Tuscawilla Units 12/12A Wall Special Assessment Program, Staff recommends using the team of Nabors, Giblin & Nickerson, P.A. (NG&N) and NBS Government Finance Group (NBS) for program establishment services. NG&N has provided the City with special assessment legal services since the formation of the original Tuscawilla Lighting and Beautification District (TLBD) and possesses a wealth of knowledge related to special assessments (see Attachment 'A' , Exhibit 'B'). NBS has provided the City with special assessment services for over three years by maintaining the existing assessment databases and preparing assessment rolls for transmission to the tax collector (see Attachment 'B', Exhibit 'B'). Both firms will be working together with Staff and the City Attorney throughout the establishment and formation process based on the following time schedule (subject to revision). CRITICAL EVENTS SCEHDULE • Engage services of NBS and NG&N for establishment of the Special Assessment Program (week of November 20, 2012) • Engage services of Alternative Wall Systems (if approved) to begin capital repairs of wall (week of November 20, 2012) • Determine financing for capital component of project (start November 2012 - May 2013) • Non-Binding Notice of Intent (NOI) published in the Orlando Sentinel on November 12th, 19th, and 26th, 2012, and on December 3, 2012 (see Attachment'E'). • Public Hearing related to NOI on December 10, 2012 • NBS and NG&N provide Draft Establishment Documents and Draft Initial Assessment Resolution(s) for review (by May 13, 2013) • NBS and NG&N provide Revised Establishment Documents and Revised Initial Assessment Resolution(s) for review (by May 27, 2013) • City Commission Adoption of Initial Assessment Resolution (Jun 10, 2013) • Public Notices/Meetings (July 2013) • NG&N provides Draft Final Assessment Resolution for review (July 12, 2013) • NG&N provides Revised Final Assessment Resolution for Commission Agenda (July 25, 2013) Regular 600 PAGE 2 OF 7- November 19,2012 o Combined Public Hearing to adopt Annual Assessment Resolution and Rates (August 12, 2013) o Financing Resolution of the City of Winter Springs authorizing financing of the Capital Project (August 12, 2013) o City Commission approves creation of a Special Revenue Fund in the City's Budget for the Tuscawilla Units 12/12A Wall Special Assessment Program (August 12, 2013) o NBS confirms Assessment Rates and Debt Service to create final rolls (August 23, 2013) o NBS transmits the Annual Assessment Rolls to the Seminole County Tax Collector (August 29, 2013) o City certifies Non-Ad Valorem Assessment Rolls to the Seminole County Tax Collector (August 30, 2013) B) ASSESSMENTS Non-Ad Valorem Assessments will be collected from members of the wall area through the annual property tax bill (starting November 2013) in order to fund capital and maintenance components of the program. The following are based on the Committee's final report to the City Commission: CAPITAL ASSESMENTS 1. A loan for up to $130,000 is required for the capital program which includes wall replacement, repairs, landscaping, program establishment and the reimbursement of prior costs (see Attachment 'D'). To create the Assessment Program, the City would need to expend up to$29,500 for program establishment costs prior to formation. Additionally, the Advisory Committee is asking the City to front- load $6,025 for cosmetic repairs to the wall (see Attachment 'C', Addendum 92). These funds will be reimbursed to the City when loan proceeds are issued for the capital project. 2. The Committee is asking the City to forgive $8,125 in initial costs (expended prior to the assessment program) for a wall survey, engineering and wall removal in five areas (see Attachment'C',Addendum 91). 3. Pre-payment of the initial capital assessment will allow an opportunity for lot owners to 'opt-out' of participating in the financing and avoid paying interest on their portion of the loan. This is consistent with how prepayments have been handled for the TLBD and Oak Forest capital assessments. 4. Assessment Rate(s) will be determined and approved by the City Commission based on findings made during the program establishment process. 5. A Capital Assessment Rate Ceiling will be set by the City Commission as part of the Special Assessment Program Adoption. 6. In order to implement the assessment program, the City will also need to acquire easements from some of the property owners to rebuild and maintain the wall in its current location. The cost of such easements is unknown, but Staff will be requesting that the property owners donate the easements in consideration of the City implementing the Assessment Program. MAINTENANCE ASSESSMENTS 1. Costs for maintenance of the wall, consultant fees, property insurance, and staff will Regular 600 PAGE 3 OF 7- November 19,2012 be $7,500 at program establishment(see Attachment'D'). 2. Assessment Rate(s) will be determined and approved by the City Commission based on findings made during the program establishment process. 3. A Maintenance Assessment Rate Ceiling will be set by the City Commission as part of the Special Assessment Program Adoption. Florida Law has two primary requirements for the imposition of Special Assessments imposed on properties, this is commonly known as the ("Two Pronged Test"). 1. Must find that each lot receives a special benefit from the service or facility funded by an assessment. 2. The assessment must be fairly and reasonably apportioned among the benefited lots. As part of the establishment process, lots considered for inclusion in the program will be evaluated for benefit using components which may include, but not be limited to: • Beautification/Aesthetics • Safety/ Crime Prevention • Noise Attenuation • Glare Abatement Tuscawilla Units 12/12A have a total of ninety-two (92) lots, two of which are located approximately 1/4 mile west of the wall, and three of which are located just east of the wall; all directly adjacent to Winter Springs Boulevard. The assessment consultants will determine which lots are able to be included in the assessment area based on the wall's benefit to these five properties (see Attachment 'F'), or the lack thereof, however, Staff will be working with the assessment consultants during the establishment process to determine which of the ninety-two (92) lots fall within the parameters of the 'two pronged test'. C)ADVISORY COMMITTEE An Advisory Committee may be established to advise the Commission on matters related to a special assessment program, but it is not a requirement. To be consistent with the TLBD and Oak Forest Assessment Programs, if the Commission desires to have input from an Advisory Committee, Staff recommends that the TLBD Advisory Committee act to provide input to the Commission regarding the Tuscawilla Units 12/12A Wall Special Assessment Program. Since the TLBD Advisory Committee already meets four times per year, and the wall program fits within the existing scope of the TLBD, it is acceptable to utilize this group for the purpose of advising the City Commission about the wall program. Although not required, language in the formation documents could include a provision for one or more lot owners of Tuscawilla Units 12/12A to sit on the TLBD Advisory Committee to represent the interests of all owners within the wall area. D) LIABILITY Staff has concluded that placing the Tuscawilla Units 12/12 A Wall under a maintenance and repair program manages the City's liability created from the wall being located partially within the Right of Way and adjacent to a public sidewalk. As with other Special Assessment Programs including the Oak Forest Wall and Beautification District and Tuscawilla Lighting and Beautification District, the City would be responsible to Regular 600 PAGE 4 OF 7-November 19,2012 maintain assets within the program regardless of location. Currently, the City's insurance policy covers liability (up to the policy limits and in accordance with provisions of the policy) for an accident/loss occurring on public property. Adding the wall as an insured asset to the City's policy will also cover potential losses due to property damage that may occur in the future (i.e.: storm damage, auto accident). Staff recommends that, if the wall assessment program is created, the wall needs to be added to the City's insurance policy effective immediately in order to limit exposure from a potential unknown incident. According to the Florida League of Cities, as part of a recent quote for coverage on May 25, 2012, the premium for insuring the wall will be less than $1000 annually. FISCAL IMPACT: The fiscal impacts associated with this agenda item are based on the following: • Creation of a Special Assessment Program for the Tuscawilla Units 12/12A Wall will require the City to front-load $29,500 for establishment costs prior to adoption. The $29,500 would be allocated as follows: a. NBS - Base Fee $10,750 plus $300 out-of-pocket expenses b. NG&N - Base Fee $12,000 plus $450 out-of-pocket expenses C. Consultants Contingency - $2,500 d. Expert Witnesses - $2,500 e. Cost of Loan Issuance - $1,000 • Addendum 92 to the Final Report of the Advisory Committee requests that the City front-load $6,025 for wall repairs to begin immediately. If the Commission approves this request it will require the City to expend these funds prior to adoption. • The required Non-Binding NOI for the project was advertised in the Orlando Sentinel beginning on November 12, 2012 (for 4 consecutive weeks) at a cost of$992. This has already been expended by the City due to noticing requirements for special assessments to be collected beginning November 2013. • In their Final Report, the Advisory Committee requested that the Commission forgive the expenditure of $8,125 for a wall survey, engineering and wall removal in five areas and not require any repayment from the assessment program (see Attachment'C',Addendum 91), costs as detailed below: a. Survey to determine wall location $3,280 b. Structural evaluation$1,845 c. Demolition of unsafe corner sections $3,000 • Staff is recommending that the City front-load up to $1,000 (may be pro-rated) to add the wall as an insured asset to the property insurance coverage with the intent to prevent potential loss prior to adoption of the assessment program. Funding which has been expended by the City for this project will be reimbursed by the Assessment Program upon establishment and adoption by the City Commission. However, the Commission could elect to reduce the capital cost to the Assessment Program and grant the abovementioned request(see Attachment 'C', Addendum 91) to forgive some or all of the $8,125 already expended by the City. A supplemental appropriation in the amount of $36,517 (plus a 10% contingency) will be Regular 600 PAGE 5 OF 7- November 19, 2012 needed from the City's General Fund Reserves to front-load the remaining establishment costs for creating the Tuscawilla Units 12/12A Special Assessment Program. These funds would be reimbursed to the City in full upon program establishment. Staff will bring back a Resolution to create a Special Revenue Fund within the City's budget for the assessment at program adoption. Since all establishment information including the loan interest rate, assessment tier structure, and capital construction costs have not been finalized, providing a firm assessment rate for each lot is not possible at this time. However, Staff has formulated a range for the combined capital and maintenance assessment rates based on the most extreme scenario of 87 lots weighted against a single Benefit Unit(B.U.) as shown below: . $190 to $210 Annually Per Lot Owner -or- . $15.83 to $17.50 Monthly Per Lot Owner 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. The required Non-Binding Notice of Intent was advertised in the Orlando Sentinel on November 12th & 19th, 2012, and is scheduled to run November 26th & December 3rd, 2012 as well. RECOMMENDATION: The Community Development Department, Urban Beautification Division, is requesting that the City Commission consider a request of the Tuscawilla Units 12/12A Wall Ad-Hoc Advisory Committee for the creation of a Special Assessment District to facilitate capital improvements, ongoing repairs, and maintenance of the Tuscawilla Units 12/12A Wall. A. If the City Commission desires to create the requested Assessment Program, Staff is seeking approval for a supplemental appropriation in the amount of $36,517 (plus a 10% contingency) from General Fund Reserves to front-load Program Establishment Costs. B. If the City Commission desires to create the requested Assessment Program, Staff is seeking authorization to contract with NBS for Assessment Formation Services at a base fee of $10,750 plus expenses, which will also include the hiring of expert witnesses at a cost of$2,500, and NG&N for Assessment Formation Legal Services at a base fee of$12,000 plus expenses. C. If the City Commission desires to create the requested Assessment Program, Staff Regular 600 PAGE 6 OF 7-November 19,2012 is seeking direction from the City Commission regarding the request of the Advisory Committee for the City to forgive $8,125 (see Attachment 'C', Addendum 91) as per their Final Report. D. If the City Commission desires to create the requested Assessment Program, Staff is requesting that the City Commission authorize the City Manager and City Attorney to acquire, execute, and record any easements necessary to implement the Program. Any costs associated with acquiring the easements will be included in the assessment(if any). E. If the City Commission desires to create the requested Assessment Program, Staff is requesting that the City Commission authorize the City Manager and the City Attorney to draft and execute any and all documents necessary to complete (parts A,B and C) of this recommendation, as approved or modified by the City Commission. ATTACHMENTS: A)Agreement for Legal Services -Nabors, Giblin and Nickerson, P.A. B)Agreement for Assessment Formulation Services -NBS Government Finance Group C) Tuscawilla Units 12/12A Wall Ad-Hoc Advisory Committee - Final Report D) Tuscawilla Units 12/12A Wall Assessment Program Cost Summary E)Notice of Intent- Special Assessment(Advertised in the Orlando Sentinel - 4 Dates) F) Tuscawilla Units 12/12A PUD Map Regular 600 PAGE 7 OF 7-November 19,2012 ATTACHMENT 'A' TUSCAWILLA PHASE III—UNIT 12/12A WALL AGREEMENT FOR ASSESSMENT PROGRAM LEGAL SERVICES THIS AGREEMENT FOR ASSESSMENT PROGRAM LEGAL SERVICES ("Agreement")is made and entered into by and between the City of Winter Spring, a Florida municipal corporation("City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and Nabors, Giblin & Nickerson, P.A., a Florida Corporation("Service Provider"),located at 1500 Mahan Drive,Suite 200,Tallahassee,Florida 32308. WITNESSETH: WHEREAS, City wishes to obtain Assessment Program Legal Services for the City of Winter Springs Tuscawilla Phase III—Units 12/12A Wall Assessment Program;and WHEREAS,Service Provider is willing to provide such Assessment Program Legal Services for the City under the terms and conditions stated herein. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to execution of this Agreement and satisfied itself as to the conditions affecting the Services,the availability of materials and labor,the cost thereof,the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 1.4 CCNA Services. Service Provider warrants unto the City that the Services being performed pursuant to this Agreement do not constitute professional services as defined by section 287.055,Florida Statutes. 2.0 TERM AND DEFINITIONS 2.1 This contract shall be for a term of twelve (12) months commencing on December 1, 2012 and terminating on November 30,2013. By mutual agreement of both parties hereto,the term of this Agreement may be extended for five(5)additional one-year terms,provided the City determines,in its discretion,that Service Provider has adequately performed during the previous term of this Agreement. In the event this Agreement is extended,the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor and Statistics - Producer Price Index not to exceed three percent(3%). The adjustment will be based on the annual contract period from the same period of the previous year and calculated 30 days prior to renewal. The Agreement may be terminated, in whole or part, at any time and without penalty, by either party hereto upon at least 30 days written notice to the non-terminating party prior to the termination taking effect;EXCEPT that non-performance on the part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this Agreement. 1 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as may be amended, which shall constitute authorization for the Service Provider to provide Assessment Program Legal Services approved by the City. b. "Effective Date" shall be December 1, 2012, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Service Provider" shall mean Nabors,Giblin&Nickerson,P.A.,a Florida Corporation,and its principals,officers,employees,and agents. d. "Public Record" shall have the meaning given in Chapter 119, Florida Statutes, as may be amended. e. "Work"or"Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager" or"Designated Representative" or"Project Director" shall mean the City of Winter Springs City Manager, or his designee, who is to provide the general administration of the contract. 3.0 SCOPE OF SERVICES 3.1 Service Provider shall provide those Assessment Program Legal Services for the City of Winter Springs set forth in the Critical Events Schedule ("CES") attached hereto as Exhibit "A" and fully incorporated herein by this reference, including the furnishing of all labor, equipment, tools, materials, incidentals and the performing of all operations necessary as described in the CES. All Services provided under this Agreement shall further be consistent with Service Provider's confirmation letter dated May 25, 2011, attached hereto as Exhibit "B" and fully incorporated herein by this reference. In the event of a conflict between the Scope of Work and Service Provider's confirmation letter,the CES shall control. 4.0 CHANGES IN THE SCOPE OF WORK 4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Service Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider approve any change, the Contract will be modified in writing to reflect the changes. All change orders shall be authorized in writing by City's and Service Provider's designated representative. 4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprized of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule,it shall employ such resources so as to comply with the schedule. 5.2 No extension for completion of services shall be granted to Service Provider without City's prior written consent. 2 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to this Agreement, the City agrees to pay Service Provider a sum not to exceed Twelve Thousand and no/100 Dollars ($12,000.00). If this contract is extended,the total annual amount paid to Service Provider shall not exceed that above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this contract. 6.2 Additional Services. From time to time during the term of this Agreement,City may request that Service Provider perform additional Services not required under the Scope of Work. The City and Service Provider shall enumerate any additional services provided under this Agreement in writing and shall establish the rate or sum of compensation due to Service Provider prior to Service Provider performing those additional services. 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices shall be submitted to the City on a quarterly basis unless otherwise agreed to in writing by the City. Further,there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement unless agreed to in writing by the City. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS All Service Provider's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine,and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty(30) days after receipt by the Service Provider. Failure of the Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement and may result,at the sole discretion of the City,in the withholding of payment for services provided under this Agreement. 9.0 PROFESSIONALISM AND STANDARD OF CARE 9.1 Service Provider shall do,perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS 10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. 11.0 WARRANTY OF PROFESSIONAL SERVICES 11.1 The Service Provider(for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, 3 partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work,the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 12.1 Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. C. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING 13.1 With regard to any and all Work performed hereunder,it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider,its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING 14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY 15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals,employees,contractors,and agents while performing Services provided hereunder. 16.0 INSURANCE 16.1Liabiliity Amounts. During the term of this Agreement, Service Provider shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The Service Provider shall maintain comprehensive general liability insurance in the minimum amount of$1,000,000 as the combined single limit for each occurrence to protect the Service Provider from claims of property damages which may arise from any Services 4 performed under this Agreement whether such Services are performed by the Service Provider or by anyone directly employed by or contracting with the Service Provider. b. The Service Provider shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the Service Provider from claims for damages for bodily injury,including wrongful death,as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the Service Provider or by anyone directly or indirectly employed by the Service Provider. c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of$1,000,000 for all of its employees performing Work for the City pursuant to this Agreement. 16.2 Special Requirements. Current,valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date of this Contract which satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its interest may appear,from time to time. 16.3Independent Associates and Consultants. All independent contractors or agents employed by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained in these paragraphs for sections 15.0 and 16.0. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS 17.1 Service Provider shall comply with all requirements of federal, state,and local laws,rules,regulations, standards,and/or ordinances applicable to the performance of Services under this Agreement. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record,document,computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape,photograph,or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior,written consent of City. 5 19.2If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 19.3If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4If any part of this Agreement is subcontracted by Service Provider,prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES 20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. Service Provider defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within fourteen(14) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in which case the Service Provider shall have such time as is reasonably necessary to remedy the default, provided the Service Provider promptly takes and diligently pursues such actions as are necessary therefore;or b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or Service Provider becomes insolvent,or is unable or unwilling to pay its debts;or c. Service Provider has acted negligently, as defined by general and applicable law, in performing the Services hereunder;or d. Service Provider has committed any act of fraud upon the City;or e. Service Provider has made a material misrepresentation of fact to the City while performing its obligations under this Agreement;or £ Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse impact upon perfortnance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. 20.2Notwithstanding the aforementioned, in the event of a default by Service Provider,the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 21.0 FORCE MAJEURE 21.1Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency;or cause or causes beyond the reasonable control of the party affected;provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in 6 attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW&VENUE 22.1This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando,Florida. 23.0 HEADINGS 23.11'aragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements,warranties,or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 26.0 WAIVER AND ELECTION OF REMEDIES 26.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term,condition,or provision in the future. 26.2No waiver,consent,or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 27.0 THIRD PARTY RIGHTS 27.1Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 28.0 PROHIBITION AGAINST CONTINGENT FEES 28.1 Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider,to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or fine, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 29.0 NO JOINT VENTURE 29.1Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party are authorized to,nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 7 30.0 ATTORNEY'S FEES 30.1 Should either party bring an action to enforce any of the terms of this Agreement,the prevailing party shall be entitled,to the extent permitted by law,to recover from the non-prevailing party the costs and expenses of such action including,but not limited to,reasonable attorney's fees,whether at settlement,trial or on appeal. 31.0 COUNTERPARTS 31.1This Agreement may be executed in any number of counterparts,each of which when so executed and delivered shall be considered an original agreement;but such counterparts shall together constitute but one and the same instrument. 32.0 DRAFTING 32.1 City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 33.0 NOTICE 33.lAny notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: Nabors,Giblin&Nickerson,P.A. 1500 Mahan Drive,Suite 200 Tallahassee,FL 32308 (850)224-4070 For City: City of Winter Springs City Manager's Office 1126 East State Road 434 Winter Springs,FL 32708 Phone:(407)327-1800 33.2Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY 34.1 Notwithstanding any other provision set forth in this Agreement,nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further,the City shall not be liable for any claim or judgment, or portion thereof,to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence,exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city 8 attorneys (individually and in their official capacity) from and against all claims,losses, damages,personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative,trial and appellate proceedings),directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals,agents,independent contractors,and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's,and its employees,partners,contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, contractors,and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees,partners,contractors,and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense,at the option of the City,as the case may be,of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners,employees,officers,and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider,the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; C. Exhibits to this Agreement;and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications,the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably 9 equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by Their duly authorized representatives as of the date first written above. CITY: SERVICE PROVIDER: The City of Winter Springs,Florida, Nabors,Giblin&Nickerson,P.A., a Florida municipal corporation. a Florida corporation. Kevin L.Smith,City Manager Print Name: Date: Title: Date: Attest: Andrea Lorenzo-Luaces,City Clerk 10 EXHIBIT A CITY OF WINTER SPRINGS TUSCAWILLA UNITS 12112A WALL SPECIAL ASSESSMENT PROGRAM ESTABLISHMENT - CRITICAL EVENTS SCHEDULE FISCAL YEAR 2013-2014 • Engage services of NBS and NG&N for establishment of the Special Assessment Program (week of November 20, 2012) • Engage services of Alternative Wall Systems (if approved)to begin capital repairs of wall (week of November 20, 2012) • Determine financing for capital component of project(start November 2012 - May 2013) • Non-Binding Notice of Intent(NOI) published in the Orlando Sentinel on November 12th, 19th, and 26th, 2012, and on December 3, 2012 (see Attachment'G'). • Public Hearing related to N01 on December 10, 2012 • NBS and NG&N provide Draft Establishment Documents and Draft Initial Assessment Resolution(s) for review (by May 13, 2013) • NBS and NG&N provide Revised Establishment Documents and Revised Initial Assessment Resolution(s) for review (by May 27, 2013) • City Commission Adoption of Initial Assessment Resolution(Jun 10, 2013) • Public Notices/Meetings (July 2013) • NG&N provides Draft Final Assessment Resolution for review(July 12, 2013) • NG&N provides Revised Final Assessment Resolution for Commission Agenda(July 25, 2013) • Combined Public Hearing to adopt Annual Assessment Resolution and Rates (August 12, 2013) • Financing Resolution of the City of Winter Springs authorizing financing of the Capital Project (August 12, 2013) • City Commission approves creation of a Special Revenue Fund in the City's Budget for the Tuscawilla Units 12/12A Wall Special Assessment Program (August 12, 2013) • NBS confirms Assessment Rates and Debt Service to create final rolls (August 23, 2013) • NBS transmits the Annual Assessment Rolls to the Seminole County Tax Collector(August 29,2013) • City certifies Non-Ad Valorem Assessment Rolls to the Seminole County Tax Collector (August 30, 2013) EXHIBIT TAMPA FORT MYERS Suite 1050,2502 Rocky Point DrivNabors 12739 World Plaza Lane Tampa,Florida 33507 Fa Myers Florida 33907(813)281-2222 Tel (239)288-4027 Tel (813)281=01 29 Fax (239)288-4057 Fax FORT LAUDERDALE GlDiin &.,e .20B S,E.a Street -1 c days o�P.A. Suite 2001500 Mahan Drive Fart Lauderdale,Florida 33301 Tallahassee,Florida 32308 (954)525-8000 Tel ATTORNEYS AT LAW (850)224-4070 Tel (954)525-8331 Fax (850)224-4073 Fax May 25, 2011 VIA ELECTRONIC MAIL Steven T. R.ichart, Urban Beautification Manager Community Development Department City of Winter Springs 1126 E_ State Road 434 Winter Springs, Florida 32708 Kevin L. Smith, City Manager City of Winter Springs City Hall 1126 East State Road 434 Winter Springs, Florida 32708 Re: City of Winter Springs - 2011 Tuscawilla Phase III Project Dear Mr. Richart and Mr. Smith: This letter will outline the role we propose to serve and responsibilities.we propose to assume as special assessment counsel in connection with the above-referenced project. Our understanding is that the City is planning to impose special assessments commencing in November 2012 against approximately 90 parcels located in Tusacwilla Unit 12 for the construction/replacement/repair of a deteriorating boundary wall abutting certain parcels in Unit 12 along Winter Springs Boulevard. These parcels are currently subject to prior special assessments imposed by the City for certain lighting and other neighborhood improvements in their community. The City has previously adopted City Ordinance No. 98704 under which the City may impose capital and maintenance assessments and place the assessments on the ad valorem tax bill. Steven T. Richart, Urban Beautification Manager Kevin L. Smith, City Manager May 25, 2011 Page 2 As special assessment counsel we will perfonn all legal services necessary to develop and implement the special assessment program. Such services include, but are not limited to: (1) Review of snaps and other data provided by the City to assist with the review and application of the apportiomnent methodology utilized for the Oak Forest projects (estimated 4 hours); (2) Provide assistance, advice and guidance to the City and other consultants engaged by the City with the preparation of any methodology report for this project (estimated 4 hours); (3) Provide advice to the City and other consultants with developing a proforma schedule of rates and financing requirements related to the construction of the above projects (estimated 3 hours); (4) Provide guidance to the City with the use of a "straw ballot" to determine property owner desired scope of project and any associated public information materials (e.g. FAQs, etc.) (estimated 2 hours); (5) Drafting the initial assessment resolution for the special assessment area (estimated 12 hours); (6) Drafting -the. final assessment resolution for the special assessment area (estimated S hours); (7) Attending the public meeting for adoption of the initial resolution (estimated 6 hours); (S) Attending the public hearing for the adoption of the final assessment resolution(estimated 6 hours); and (9) Assistance with the Notice of Intent process (e.g. preparation of resolution, public notice, etc.) for inclusion of the special assessment projects on the November 2012 tax bill (estbnatcd 3 hours). Steven T. Richart,Urban Beautification Manager Kevin L. South, City Manager May 25, 2011 Page 3 Based upon: (i) our current understanding of the structure, size, complexity and schedule of the special assessment program, (ii) the duties we will undertake pursuant to this letter, (iii) the time we anticipate devoting to the special assessment program, and (iv) the responsibilities we assume, we propose a fixed fee of$12,000, exclusive of out- of-pocket disbursements. The use of a fixed fee for consultants and special counsel in the implementation phase allows the City to provide a better estimate of the maximum rates that will be given in the mailed notices required under Florida law and Ordinance No. 98- 74. Please note that such fee may vary: (i) if material changes* in the structure or complexity of the special assessment program occur, or (ii) if unusual or unforeseen circumstances arise which require a significant increase in our tune or responsibility. If, at any time, we believe the circumstances require an adjustment of our original fee estimate, we will consult with you and will not charge the increased fee unless agreed upon by both parties. In addition, we will expect to be reimbursed for all actual out-of- pocket expenses, including travel costs, photocopying at $0.25 per page, deliveries, long distance telephone charges, filing fees, and other necessary office disbursements. In the event the project is not completed, the City will only pay a portion of our fee based on the amount of project-completed. We look forward to working with the City again. If you or any other officials have any questions, please feel free to contact me at any time. If the foregoing terms of this engagement are acceptable to you,please so indicate by returning a copy of this letter signed by you, retaining the original for your files. NABORS, GIBLIN NYCTaRSON, P.A. By: �PSIOPher M. Traber, Shareholder Accepted and Approved: CITY OF WINTER SPRINGS, FLORIDA By: Title: Date: ATTACHMENT 'B' TUSCAWILLA PHASE III—UNIT 12/12A WALL AGREEMENT FOR ASSESSMENT PROGRAM MANAGEMENT SERVICES THIS AGREEMENT FOR ASSESSMENT PROGRAM MANAGEMENT SERVICES ("Agreement") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation("City"), located at 1126 East State Road 434, Winter Springs, Florida 32708, and NBS Government Finance Group,Inc., a foreign corporation authorized to conduct business in Florida("Service Provider"), located at 32605 Temecula Parkway, Suite 100,Temecula,California 92592. WITNESSETH: WHEREAS, City wishes to obtain Assessment Program Management Services for the City of Winter Springs Tuscawilla Phase III—Units 12/12A Wall Assessment Program;and WHEREAS, Service Provider is willing to provide such Assessment Program Management Services for the City under the terms and conditions stated herein. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties covenant and agree as follows: 1.0 GENERAL PROVISIONS 1.1 Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. 1.2 Engagement. The City hereby engages Service Provider and Service Provider agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. Service Provider acknowledges that it has investigated prior to execution of this Agreement and satisfied itself as to the conditions affecting the Services,the availability of materials and labor, the cost thereof,the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services within the time set forth herein. Service Provider warrants unto the City that it has the competence and abilities to carefully and faithfully complete the Services within the time set forth herein. Service Provider will perform its Services with due and reasonable diligence consistent with sound professional practices. 1.4 CCNA Services. Service Provider warrants unto the City that the Services being performed pursuant to this Agreement do not constitute professional services as defined by section 287.055,Florida Statutes. 2.0 TERM AND DEFINITIONS 2.1 This contract shall be for a term of twelve (12) months commencing on December 1, 2012 and terminating on November 30,2013. By mutual agreement of both parties hereto,the term of this Agreement may be extended for five(5)additional one-year terms,provided the City determines,in its discretion,that Service Provider has adequately performed during the previous term of this Agreement. In the event this Agreement is extended,the contract price may be adjusted to allow for consumer price increases based on Bureau of Labor and Statistics - Producer Price Index not to exceed three percent(3%). The adjustment will be based on the annual contract period from the same period of the previous year and calculated 30 days prior to renewal. The Agreement may be terminated, in whole or part, at any time and without penalty, by either party hereto upon at least 30 days written notice to the non-terminating party prior to the termination taking effect;EXCEPT that non-performance on the part of the Service Provider will be grounds for immediate termination. Unless otherwise provided in said notice, all work being performed by Service Provider at the time of receipt of the notice shall immediately cease and no further work shall be provided by Service Provider under this Agreement. 1 2.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide Assessment Program Management Services approved by the City. b. "Effective Date" shall be December 1, 2012, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Service Provider" shall mean NBS Government Finance Group, Inc., a foreign corporation authorized to conduct business in Florida,and its principals,officers,employees,and agents. d. "Public Record" shall have the meaning given in Chapter 119, Florida Statutes, as may be amended. e. "Work"or"Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager" or"Designated Representative" or"Project Director" shall mean the City of Winter Springs City Manager, or his designee, who is to provide the general administration of the contract. 3.0 SCOPE OF SERVICES 3.1 Service Provider shall provide those Assessment Program Management Services for the City of Winter Springs set forth in the Critical Events Schedule ("CES") attached hereto as Exhibit "A" and fully incorporated herein by this reference, including the furnishing of all labor, equipment, tools, materials, incidentals and the performing of all operations necessary as described in the CES. All Services provided under this Agreement shall further be consistent with Service Provider's letter dated October 22,2012,attached hereto as Exhibit`B"and fully incorporated herein by this reference. In the event of a conflict between the Scope of Work and Service Provider's letter,the CES shall control. 4.0 CHANGES IN THE SCOPE OF WORK 4.1 City may make changes in the Services at any time by giving written notice to Service Provider. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Service Provider will negotiate any change in total cost or schedule modifications. If the City and the Service Provider approve any change, the Contract will be modified in writing to reflect the changes. All change orders shall be authorized in writing by City's and Service Provider's designated representative. 4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 5.0 SCHEDULE 5.1 Service Provider shall perform services in conformance with the schedule reasonably established by the City Project Manager. Service Provider shall complete all of said services in a timely manner and will keep City apprized of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Service Provider fall behind on the established schedule,it shall employ such resources so as to comply with the schedule. 5.2 No extension for completion of services shall be granted to Service Provider without City's prior written consent. 2 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF SERVICE PROVIDER 6.1 Compensation. For the Services provided pursuant to this Agreement, the City agrees to pay Service Provider a sum not to exceed Ten Thousand Seven Hundred Fifty and no/100 Dollars ($10,750.00). If this contract is extended,the total annual amount paid to Service Provider shall not exceed that above mentioned number adjusted by the Producer Price Index as set forth in paragraph 2.1 of this contract. 6.2 Additional Services. From time to time during the term of this Agreement,City may request that Service Provider perform additional Services not required under the Scope of Work. For those additional services agreed upon by the City and Service Provider in writing,City agrees to pay Service Provider a total amount equal to that mutually agreed upon by the panties in writing consistent with the rate schedule for additional services set forth on page 3 in Service Provider's letter attached hereto as Exhibit`B." 6.3 Payment. Upon receipt of a proper invoice from Service Provider, the City agrees to pay the Service Provider the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices shall be submitted to the City on a quarterly basis unless otherwise agreed to in writing by the City. Further,there shall be no other compensation paid to the Service Provider and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement unless agreed to in writing by the City. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Service Provider. The Service Provider may only bill the City for actual work performed. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the services performed by Service Provider. 7.2 No inspection, review, or observation shall relieve Service Provider of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS All Service Provider's records with respect to any matters covered by this Agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine,and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Service Provider within thirty(30) days after receipt by the Service Provider. Failure of the Service Provider to comply with the above audit requirements will constitute a material breach of this Agreement and may result,at the sole discretion of the City,in the withholding of payment for services provided under this Agreement. 9.0 PROFESSIONALISM AND STANDARD OF CARE 9.1 Service Provider shall do,perform and carry out in a professional manner all Services required to be performed by this Agreement. Service Provider shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Service Provider's profession working in the same or similar locality as Service Provider. 10.0 SUBMITTAL OF PROGRESS REPORTS 10.1 Service Provider shall submit a monthly written progress report as to the status of all Work set forth in this Agreement. The report shall in a sufficient manner demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Service Provider. 3 11.0 WARRANTY OF PROFESSIONAL SERVICES 11.1 The Service Provider(for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work,the Service Provider shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Service Provider shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY SERVICE PROVIDER 12.1 Service Provider hereby represents and warrants to the City the following: a. Service Provider is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Service Provider has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Service Provider has been duly authorized by the board of directors and/or president of Service Provider. In support of said representation, Service Provider agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. C. Service Provider is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Service Provider agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING 13.1 With regard to any and all Work performed hereunder,it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Service Provider is such that the Service Provider is an independent contractor and not an agent of the City. The Service Provider,its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Service Provider, its contractors,partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING 14.1 City Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of work entered into under this Agreement. Service Provider's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY 15.1 Service Provider shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals,employees,contractors,and agents while performing Services provided hereunder. 16.0 INSURANCE 16.1Liabiliity Amounts. During the term of this Agreement, Service Provider shall be responsible for providing the types of insurance and limits of liability as set forth below. 4 a. The Service Provider shall maintain comprehensive general liability insurance in the minimum amount of$1,000,000 as the combined single limit for each occurrence to protect the Service Provider from claims of property damages which may arise from any Services performed under this Agreement whether such Services are performed by the Service Provider or by anyone directly employed by or contracting with the Service Provider. b. The Service Provider shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the Service Provider from claims for damages for bodily injury,including wrongful death,as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the Service Provider or by anyone directly or indirectly employed by the Service Provider. c. The Service Provider shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of$1,000,000 for all of its employees performing Work for the City pursuant to this Agreement. 16.2 Special Requirements. Current,valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the City by Service Provider upon the Effective Date of this Contract which satisfied the insurance requirements of this paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its interest may appear,from time to time. 16.3Independent Associates and Consultants. All independent contractors or agents employed by Service Provider to perform any Services hereunder shall fully comply with the insurance provisions contained in these paragraphs for sections 15 and 16. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS 17.1 Service Provider shall comply with all requirements of federal, state,and local laws,rules,regulations, standards,and/or ordinances applicable to the performance of Services under this Agreement. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record,document,computerized information and program, audio or video tape, photograph, or other writing of the Service Provider and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Service Provider. Said record, document, computerized information and program, audio or video tape,photograph,or other writing of the Service Provider is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Service Provider shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Service Provider be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2The Service Provider acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Service Provider agrees that to the extent any document produced by Service Provider under this Agreement constitutes a Public Record; Service Provider shall comply with the Florida Public Records Law. 5 19.0 ASSIGNMENT 19.1 Service Provider shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior,written consent of City. 19.2If upon receiving written approval from City, any part of this Agreement is subcontracted by Service Provider, Service Provider shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 19.3If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Service Provider who shall take immediate steps to remedy the situation. 19.4If any part of this Agreement is subcontracted by Service Provider,prior to the commencement of any Work by the subcontractor, Service Provider shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION; DEFAULT BY SERVICE PROVIDER AND CITY'S REMEDIES 20.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. Service Provider defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within fourteen(14) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in which case the Service Provider shall have such time as is reasonably necessary to remedy the default, provided the Service Provider promptly takes and diligently pursues such actions as are necessary therefore;or b. Service Provider is adjudicated bankrupt or makes any assignment for the benefit of creditors or Service Provider becomes insolvent,or is unable or unwilling to pay its debts; or c. Service Provider has acted negligently, as defined by general and applicable law, in performing the Services hereunder;or d. Service Provider has committed any act of fraud upon the City;or e. Service Provider has made a material misrepresentation of fact to the City while performing its obligations under this Agreement;or £ Service Provider is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. 20.2Notwithstanding the aforementioned, in the event of a default by Service Provider,the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges,determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 21.0 FORCE MAJEURE 21.1Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Service Providers labor force); extraordinary breakdown of or damage to City's affiliates' 6 generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency;or cause or causes beyond the reasonable control of the party affected;provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW&VENUE 22.1This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando,Florida. 23.0 HEADINGS 23.11'aragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION; MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties have been induced by no representations, statements,warranties,or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 26.0 WAIVER AND ELECTION OF REMEDIES 26.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term,condition,or provision in the future. 26.2No waiver,consent,or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 27.0 THIRD PARTY RIGHTS 27.1Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider. 28.0 PROHIBITION AGAINST CONTINGENT FEES 28.1 Service Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Service Provider,to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Service Provider, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 29.0 NO JOINT VENTURE 29.1 Nothing herein shall be deemed to create a joint venture or principal-agent relationship between 7 the parties and neither party are authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 30.0 ATTORNEY'S FEES 30.1 Should either party bring an action to enforce any of the terms of this Agreement,the prevailing party shall be entitled,to the extent permitted by law,to recover from the non-prevailing party the costs and expenses of such action including,but not limited to,reasonable attorney's fees,whether at settlement,trial or on appeal. 31.0 COUNTERPARTS 31.1 This Agreement may be executed in any number of counterparts,each of which when so executed and delivered shall be considered an original agreement;but such counterparts shall together constitute but one and the same instrument. 32.0 DRAFTING 32.1 City and Service Provider each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 33.0 NOTICE 33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Service Provider: NBS Government Finance Group,Inc. 32605 Temecula Parkway,Suite 100 Temecula,CA 92592 (800)676-7516 For City: City of Winter Springs City Manager's Office 1126 East State Road 434 Winter Springs,FL 32708 Phone:(407)327-1800 33.2Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY 34.1 Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such,the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further,the City shall not be liable for any claim or judgment,or portion thereof,to any one person for more than two -hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence,exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. 8 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Service Provider agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims,losses, damages,personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative,trial and appellate proceedings),directly or indirectly arising from: a. any default under this Agreement by Service Provider; b. any negligent act, omission or operation of work related to all Services performed under this Agreement by Service Provider, and its employees, principals,agents,independent contractors,and consultants. c. the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Service Provider's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; d. Service Provider's,and its employees,partners, contractors,and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Service Provider's and its employees, partners, contractors,and agents performance under this Agreement; e. any fraud and misrepresentation conducted by Service Provider and its employees,partners,contractors,and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Service Provider to defend at its own expense or to provide for such defense,at the option of the City,as the case may be,of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Service Provider, or anyone directly or indirectly employed by them. In all events the City and its commissioners,employees,officers,and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Service Provider,the inconsistency shall be resolved by giving precedence in the following order: a. Addenda to this Agreement subsequent to the Effective date of this Agreement; b. This Agreement; C. Exhibits to this Agreement;and d. The Bid documents. 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Service Provider. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications,the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Service Provider hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 9 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Service Provider will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Service Provider must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Service Provider uses the substitute. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by Their duly authorized representatives as of the date first written above. CITY: SERVICE PROVIDER: The City of Winter Springs,Florida, NBS Government Finance Group,Inc., a Florida municipal corporation. a foreign corporation. Kevin L.Smith,City Manager Print Name: Date: Title: Date: Attest: Andrea Lorenzo-Luaces,City Clerk 10 EXHIBIT A CITY OF WINTER SPRINGS TUSCAWILLA UNITS 12112A WALL SPECIAL ASSESSMENT PROGRAM ESTABLISHMENT - CRITICAL EVENTS SCHEDULE FISCAL YEAR 2013-2014 • Engage services of NBS and NG&N for establishment of the Special Assessment Program (week of November 20, 2012) • Engage services of Alternative Wall Systems (if approved)to begin capital repairs of wall (week of November 20, 2012) • Determine financing for capital component of project(start November 2012 - May 2013) • Non-Binding Notice of Intent(NOI) published in the Orlando Sentinel on November 12th, 19th, and 26th, 2012, and on December 3, 2012 (see Attachment'G'). • Public Hearing related to N01 on December 10, 2012 • NBS and NG&N provide Draft Establishment Documents and Draft Initial Assessment Resolution(s) for review (by May 13, 2013) • NBS and NG&N provide Revised Establishment Documents and Revised Initial Assessment Resolution(s) for review (by May 27, 2013) • City Commission Adoption of Initial Assessment Resolution(Jun 10, 2013) • Public Notices/Meetings (July 2013) • NG&N provides Draft Final Assessment Resolution for review(July 12, 2013) • NG&N provides Revised Final Assessment Resolution for Commission Agenda(July 25, 2013) • Combined Public Hearing to adopt Annual Assessment Resolution and Rates (August 12, 2013) • Financing Resolution of the City of Winter Springs authorizing financing of the Capital Project (August 12, 2013) • City Commission approves creation of a Special Revenue Fund in the City's Budget for the Tuscawilla Units 12/12A Wall Special Assessment Program (August 12, 2013) • NBS confirms Assessment Rates and Debt Service to create final rolls (August 23, 2013) • NBS transmits the Annual Assessment Rolls to the Seminole County Tax Collector(August 29,2013) • City certifies Non-Ad Valorem Assessment Rolls to the Seminole County Tax Collector (August 30, 2013) EXHIBIT E NB%-"p o 322005 Temecula Pafkway,Suite 100 Tbmi3w!i %,CA'2592 -- - 'i'iIWEeW n'i�sgou�orr� W October 22, 2012 Mr. Steven T. Richart Urban Beautification Manager Community Development Department City of Winter Springs 1126 E. SR 434 Winter Springs, FL 32708 Subject: Agreement to provide Assessment Formation Services for the City of Winter Springs for the Tuscawilla Phase III Special Assessment Area Dear Steven: Thank you for the opportunity to provide assessment formation services related to the City's Tuscawilla Phase III Special Assessment Area. This document will serve as our agreement for these services. In summary, NBS will provide the consulting services necessary for the creation of special assessments against the approximately 85 parcels located in Tuscawilla Unit 12 for the construction, replacement, and/or repair of the boundary wall along Winter Springs Boulevard. Please find enclosed two(2) copies of our Executed Agreement. Upon signing, please return one copy to the undersigned and keep one copy for your records. Scope of Services Assessment Formation Services Expert Resource. First and foremost, NBS will act as the City's"expert resource," and is available to answer questions and advise the City regarding the formation and administration of the Tuscawilla Phase III Special Assessment Area (the"District"). Project Schedule. NBS will communicate with City staff and other interested parties to: * Clarify the specific project goals and criteria that will meet the City's preference. * Identify and resolve any special circumstances that may be involved in the formation of the District. * Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties. * Establish meeting dates consistent with schedule to achieve project milestones. ® Establish and coordinate with City staff a schedule to assure completion of necessary actions and compliance with statutes. Parcel Database. NBS will gather information and data relevant to the formation, and prepare a District parcel database for parcels as currently shown on the County parcel maps. The database ; heiping communities fund tomorrow __------------_-------- will include land divisions, ownership and mailing information, and parcel information relevant to the spread of the assessments. Data will be obtained from various sources, including City records, City and County maps, and County Property Appraiser information. District Boundaries. NBS will make determinations of the property subject to the special assessment by confirming the boundaries for the District, giving consideration to both the project area and peripheral lands,and by verifying ownership based on the last tax roll. Mapping. NBS will prepare a Boundary Map and related documents as necessary. Cost Estimate. NBS will obtain the estimate of project costs and incidental expenses from the City and prepare a total project Cost Estimate. Budget Development. NBS will review and verify the Citys budget for the projected construction/repair costs, as well as the maintenance of all improvements. Cost categories may include, but not be limited to, capital improvements, operating costs,financing costs, incidental costs (engineering, legal, City administration, and consultants),operating reserves, capital improvement reserves, and equipment/material replacement reserves. Assessment Modeling. NBS will formulate and present a model to the City and legal counsel for determining the special assessment amount for each parcel. Such model may include zones of benefit or similar methods of determining benefit. If necessary,we will modify the methodology to more accurately assess the specific benefit conferred. Agency Review. NBS will communicate with City staff to address issues pertaining to costs, improvements,statute requirements,and benefit received. NBS will provide analysis of proposed assessments, as well as contributions to be made from the City to the District. NBS will review mailed and published legal notices, determine dates for public meeting and public hearing, if required, verify scheduling, approach, requirements, and other issues related to the successful formation of the District. Consultant's Report. NBS will prepare, submit, and review with the City and legal counsel a draft Consultant's Report, including description of improvements, plans and specifications, cost estimate, assessment criteria, assessment roll and map. The City will separately acquire parcel value/appraisal information. Based on the results of the aforementioned reviews, discussions and modifications, NBS will prepare a final Consultant's Report. The Report will be prepared in compliance with existing City ordinances and will contain the following: • A general description of the project • Plans and specifications of the project • A detailed cost estimate of the project • A Boundary Map • A narrative of the Method of Assessment and the specific formulaic steps for application • The proposed Assessment on each parcel Ballots. NBS will prepare"straw ballots" in the format approved by the City and legal counsel to be mailed to all property owners. Ballot Tabulation. NBS will tabulate the ballots returned via the most appropriate method (bar code or other), and report the statistics upon completion. Meeting Attendance. NBS does not anticipate in-person attendance of any City Commission meetings unless specifically requested by City staff for an additional fee and travel cost. Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City staff and all property owners. NBS staff will be available to answer questions regarding the formation. Page 2 4D NB%_p Fees Services Tuscawilla Phase III Assessment Formation Services ...................................................................$10,750 Estimated Reproduction, Mailing & Postage Expenses (approx. 85 parcels) .....................................$300 "See description of expenses below. Expenses Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may include, but not be limited to travel, mailing fulfillment, postage, supplies,telephone, reproduction, meals and various third-party charges for data, maps, and recording fees. Additional Services The following table shows our current hourly rates. Additional services authorized by the City will be billed at this rate or the then applicable hourly rate. Director $ 190 Senior Consultant/Programmer 150 Engineer 140 Consultant 130 Analyst 100 Clerical/Support 55 Expert Witness TBD; with minimum fee 4Z)7NBS Page 3 Terms Consulting fees will be invoiced on a monthly basis. Expenses will be itemized and included in each invoice. If the project is prematurely terminated by either party or delayed for reasons beyond NBS's control, NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days simple interest will begin to accrue at the rate of 1.5% per month. Please feel free to contact Dave Ketcham or me at(800)676-7516 if you have any questions. Best regards, NBS Government Finance Group, City of Winter Springs DBA NBS Mike Rentner President and CEO Title Date Title Date Page 4 ATTACHMENT 'C' FINAL REPORT OF THE Incorporated 1959 TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE October 12, 2012 TABLE OF CONTENTS Letter of Transmittal 1 Ad Hoc Wall Committee Background and Duties ...........................................................2 Recommendations 4 ................................................................................................................ Addendums...........................................................................................................................6 Appendices............................................................................................................................7 Appendix A—Resolution 2012-16 Appendix B—Resolution 2012-19 Appendix C — Staff Presentation from August 29, 2012 meeting Appendix D —Price Quote from Seminole Masonry Appendix E —Price Quote from Alternative Wall Systems TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE LETTER OF TRANSMITTAL October 12,2012 Mayor and Commission: On behalf of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee I am very pleased to transmit to you the Consensus Report of the Recommendations of the Committee as provided in Commission Resolution 2012-16 and as amended in Resolution 2012-19. In summary, the Committee is recommending the creation of an Assessment Program to fund: 1) replacement of all eight (8) corner sections with a new wall having a similar appearance that meets all applicable codes; 2) provision of low-maintenance landscaping at each of the four entrances; and 3) placing the remainder of the existing wall on a cosmetic repair program. These recommendations are explained in more detail on pages 4 and 5 of this report, including an outline of a proposed funding program. The Committee believes the recommended program satisfies the City Commission's directives that: 1) the program be at no cost to the general treasury of the City; and 2) no further liability is imposed or retained by the City. In addition, the Committee approved two addendums for the Commission's consideration which are presented on page 6. On behalf of all the Committee members, I want to thank the City Commission for the opportunity you have given the Tuscawilla Unit 12/12A residents through their membership on this Committee to provide you with what we believe are appropriate and cost effective recommendations. We look forward to your review of this final report and your continued assistance with implementing the wall repair program proposed herein. Sincerely, Gary Brook, Chairman Tuscawilla Unit 12/12A Wall Ad-Hoc Advisory Committee 1 Incorporated 195'7 TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE BACKGROUND AND DUTIES At the June 11, 2012 City Commission meeting, the City Commission approved Resolution 2012-16 providing for the establishment of the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee. The purpose of the Committee was to organize a group of Tuscawilla Unit 12/12A property owners to obtain a recommendation addressing the deteriorating condition of the wall. The Committee's responsibilities in Resolution 2012-16 are summarized as follows: 1. Conduct a comprehensive review of the wall and information gathered to date. 2. Determine and recommend to the City Commission the type or types of wall that would replace the existing brick wall. 3. Prepare a final written report identifying the type of wall recommended and the reason for the recommendation. 4. Present the report to the City Commission. At the July 9, 2012 City Commission meeting, the Commission approved granting the Committee additional latitude to allow the option of keeping all or part of the existing wall. The modification was memorialized in Resolution 2012-19 and was stated as follows in Section II: "...the TWAAC shall determine and recommend to the City Commission the replacement, repair, or removal of the aforementioned existing brick wall. Such recommendation shall address the technical and financial aspects of the recommendation, subject to the following constraining parameters: (1) there will be no additional cost imposed on the City; and(2) there will be no further liability imposed on the City." The Committee held meetings on August 29, September 6, September 19, and October 11, 2012. All meetings were conducted at City Hall and were open to the public. The topics covered at the meetings are briefly summarized as follows. • Initial meeting on August 29, 2012: • Review Sunshine Law • Elect Chairperson and Vice Chairperson 2 • Overview the enabling Resolutions • City Staff presentation of wall background information • Committee discussion of game plan for moving forward • Public input • September 6, 2012 meeting: • Committee in-depth discussion regarding various options for the possible repair and/or replacement of the wall • Committee requested that Staff obtain cost information for the following items: 1. Replacement of the five (5) corner sections already demolished 2. Replacement of the three (3) additional corner sections not yet disturbed 3. Range of possible costs for signage at the entrances 4. Cost to provide low-maintenance landscaping at the entrances • September 19, 2012 meeting: • Staff presented costs gathered to date on the items requested at the September 6 meeting (see above) • Committee in-depth discussion of the various costs and options • Committee passed a series of motions for the wall recommendations and directed Staff to draft a final written report summarizing the recommended wall replacement and repair program • Committee passed four "recommendations" as shown on the following page by unanimous vote • Committee discussed possible additional recommendations that would be submitted as"addendums"to the report for City Commission consideration • Committee passed two"addendums" to the final report by unanimous vote • October 11, 2012: • Committee review and approval of the final report • Discussion of next steps 3 Ink t,V,n:d rJ I y�y TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE RECOMMENDATIONS: 1. Replace eight (8) corner wall sections at the four (4) entrances with a new wall having a similar appearance and location, meeting all applicable codes. At each corner, the diagonal section of the wall and the short wing walls extending down the side streets will be replaced. Before construction, a wall easement is required at all eight locations for the portion of the wall located on private property. Capital Cost: $71,884 - Cost includes: design, permitting, construction, restoration, plus a 10% contingency. Cost is based on a detailed price quote from Seminole Masonry, Inc. dated September 17, 2012. Cost includes $2,400 for the survey and recording of the required eight (8) easements. This cost serves as a basis for budgeting purposes and is subject to change based on market conditions at the actual time of project commencement. 2. Provide simple, low-maintenance, drought tolerant landscaping at the four entrances. Capital Cost: $8,000 - Cost is based on a City Staff estimate based on recent experience with similar landscaping installations in the area. 3. Perform cosmetic repairs along the straight sections of the existing wall. Work to be performed initially includes: a. Repair 35 columns b. Remove loose bricks and mortar along entire wall c. Replace missing bricks along entire wall; tuck and point missing mortar along entire wall (both sides)with high strength grout d. Cleanup masonry debris e. Bricks to be supplied by City from previously demolished sections at entrances Capital Cost: $6,025 - Cost is based on a detailed price quote from Alternative Wall Systems, Inc. dated September 12, 2012. This cost serves as a basis for budgeting purposes and is subject to change based on market conditions at the actual time of project commencement. 4 Incorpnra��l TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE 4. Create a Special Assessment Program administered by the City for the capital cost and annual maintenance of the wall. Capital Cost for Special Assessment Area: $29,500 - Estimated cost for establishment of the Special Assessment Program including consultant fees, expert witnesses,research and legal. Capital Cost for Expenses Incurred to Date: $8,125 - Actual cost for the following wall-related expenses incurred to date by the City: 1. Survey to determine wall location $3,280 2. Structural evaluation $1,845 3. Demolition of unsafe corner sections $3,000 TOTAL $8,125 Maintenance Cost: $7,500 annually - Estimated budget for operation of the Special Assessment Program including consultant fees, staff costs, insurance and maintenance. 5 TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE ADDENDUMS Addendum #1 —Requesting Forgiveness of City Outlay At the September 19, 2012 Wall Committee meeting, the Committee unanimously passed a motion requesting the City Commission not include $8,125 in out-of-pocket wall expenditures incurred prior to the creation of the Ad Hoc Committee as part of the Assessment Program. The $8,125 is comprised of the following expenses: 1. Survey to determine wall location $3,280 2. Structural evaluation $1,845 3. Demolition of unsafe corner sections $3,000 TOTAL $8,125 Addendum 42 -Authorize Immediate Repairs to Wall At the September 19, 2012 Wall Committee meeting, the Committee unanimously passed a motion requesting the City Commission front-load and authorize proceeding with the repair portion of the wall program in the amount of $6,025. This request is based on the low price, availability of the contractor (Alternative Wall Systems), and the need to move forward with the repair program as soon as possible. 6 APPENDICES Appendix A Resolution 2012-16 IPMMWM RESOLUTION NUMBER 2012-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF THE "TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE;" PROVIDING A SCOPE OF DUTIES AND PROCESS TO COMPLETE SAID DUTIES; PROVIDING FOR TECHNICAL ASSISTANCE AND OTHER TERMS AND CONDITIONS NECESSARY TO CONDUCT AN ORDERLY AND WELL- INFORMED PROCESS CONSISTENT WITH THE DIRECTION OF THE CITY COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tuscawilla Units 12/12A subdivisions were platted by the City in 1982 and 1983; and WHEREAS, after the plats for Tuscawilla Units 12/12A were recorded, a brick wall was constructed of approximately 3,000 feet in length and generally running along the subdivision's southern and western boundaries, adjacent to Winter Springs Boulevard and Northern Way by the developer of Tuscawilla Units 12/12A; and WHEREAS, the City recently had a survey of the wall prepared by Southeastern Surveying and Mapping Corporation which determined that a significant portion of the wall was constructed within the Winter Springs Boulevard right-of-way; and WHEREAS, the City also recently had a structural evaluation of the entire wall completed by CPH Engineers which identified that the wall is deteriorating in certain locations due to brick expansion; corrosion, settlement, and tree roots; and WHEREAS, during the past few months, the City Commission has been gathering factual information regarding the wall and considering various options to address the deteriorating condition of the wall; and WHEREAS, the aforementioned factual information and options are set forth in the May 29, 2012 City Commission Agenda Item 600; and WHEREAS, at the May 29, 2012 City Commission special meeting, the City Commission unanimously directed staff to prepare a resolution creating an ad hoc committee comprised of Tuscawilla Unit 12/12A property owners for purposes of obtaining a recommendation to address the deteriorating condition of the wall; and WHEREAS, the City Commission desires to provide an open, objective, and deliberative process that will afford the Tuscawilla Unit 12/12A property owners and the public ample opportunity to participate in providing a recommendation to address the deteriorating condition of the wall pursuant to the terms and conditions set forth in this Resolution; and WHEREAS,the City Commission hereby finds that this resolution is in the best interests of the public health, safety, and welfare of the Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Winter Springs, Florida as follows: SECTION I. Establishment Of A Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee; Meetings. (a) The City Commission hereby establishes a temporary ad hoc committee for purposes of advising the City Commission on the type of wall that the property owners of Tuscawilla Unit 12/12A desire along the outer perimeter of the Tuscawilla Units 12/12A subdivision, along Winter Springs Boulevard and Northern Way. The committee shall be called the "Tuscawilla Units 12/12A Wall Ad Hoc Advisory Committee." ("TWAAC"). The TWAAC shall consist of no more than seven (7) members, who shall be property owners in Tuscawilla Units 12/12A. The Mayor shall appoint one (1) member, subject to ratification by majority vote of the City Commission. Each City Commissioner shall appoint one (1) member, subject to ratification by majority vote of the City Commission. The City Commission by majority vote shall appoint one (1) member at-large. No alternates shall be appointed. Vacancies shall be filled in the same manner as the original appointment to the extent deemed necessary by the City Commission. Prior to any appointment being considered final, each member of the TWAAC shall be required to complete the standard City Advisory Board and Committee Application. Upon appointment, each member of the TWAAC shall serve at the pleasure of the City Commission until the TWAAC's work has been completed and the City Commission has accepted the TWAAC's final report. Each member of the TWAAC shall serve without compensation. (b) Meetings of the TWAAC shall be duly noticed and held public meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m. during the workweek. A portion of each meeting will be reserved for taking public input relevant to issues being considered during the review process outlined in this Resolution. The agendas, minutes and a record of the proceedings and decisions of the TWAAC shall be kept and filed with the City Clerk in the same manner as those kept and filed for the City Commission. (c) The first order of business for the TWAAC shall be to elect a chairperson and vice chairperson. The chairperson shall be responsible for running the meetings. In the absence of the chairperson, the vice chairperson shall run the meetings. Roberts Rules shall serve as guide to running the meetings of the TWAAC to the extent not in conflict with this Resolution. A majority of the total Committee members appointed shall constitute a quorum. (d) The TWAAC shall act by majority vote. However, the TWAAC may reference and explain in the final report minority opinions/positions which obtained the vote of at least three (3) members of the Committee. Ch ot'Winter Springy..Florida ReSOILItion Number 2012-16 Cage 2 of 4 SECTION II. TWAAC Responsibilities. (a) The members of TWAAC shall conduct a comprehensive review of City Commission Agenda Item 600, dated May 29, 2012, any supporting documentation thereto, to familiarize themselves with factual information compiled by the City regarding the Tuscawilla Units 12/12A wall situation. Upon conclusion of this review, the TWAAC shall determine and recommend to the City Commission the type or types of wall that will replace the aforementioned existing brick wall. (b) Upon making such determination, the TWAAC shall prepare and approve a final written report which shall identify the type of wall recommended and the reason for said recommendation. The final report shall be completed no later than November 12, 2012 unless additional time is granted by the City Commission. (c) The final report of the TWAAC shall be presented to and reviewed by the City Commission at least once at either a regular City Commission meeting or workshop specially called for that purpose. The report shall be nonbinding on the City Commission. If the City Commission determines that any of the recommendations made by the TWAAC should be implemented, the City Commission shall direct the City Manager and City Attorney to provide additional technical advice regarding the implementation of the recommendation including, but not limited to, advice regarding the construction, financing, and location of wall. SECTION III. Other Technical Resources. (a) The City Manager, City Engineer, Urban Beautification Manager, and other members of City staff (to the extent deemed necessary by the City Manager) shall serve as technical advisers to the TWAAC, and shall assist in drafting the final report. (b) The City Clerk shall provide administrative assistance to the TWAAC and shall be responsible for noticing meetings, preparing minutes, and archiving all public records. (c) The City Attorney shall provide legal guidance to the TWAAC to the extent any legal issues arise relevant to the limited duties assigned to the TWAAC by the City Commission. SECTION IV. This Resolution shall take effect immediately upon its final passage and adoption by the City Commission. [signature page follows] City oil W inter Spring,Florida Re50I Ution Number 20 12-10 Page 3 ot'4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Special Meeting duly assembled on the 11th day of June, 2012. In witness whereof, I have hereunto set my hand and caused this seal to be affixed. CH LA , ATTES 4 r ANDRE O-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs,Florida only: ANTHONY A. GARGA ESE, City Attorney City of Winter Spring,Florida Resolution Number 2012-16 Page,;of4 Appendix B Resolution 2012-19 RESOLUTION NUMBER 2012-19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA MEMORIALIZING THE CITY COMMISSION'S DECISION TO MODIFY THE SCOPE OF DUTIES OF THE TUSCAWILLA UNIT 12/12A WALL AD HOC ADVISORY COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Resolution 2012-12 establishing the Tuscawilla Unit 12/12A Wall Ad Hoc Advisory Committee ('`TWAAC"); and WHEREAS, at the July 9, 2012 City Commission meeting, the City Commission determined that it was in the best interests of the public health, safety, and welfare of the Winter Springs, Florida to modify the scope of duties of the TWAAC effective immediately; and WHEREAS, this Resolution memorializes the City Commission's adopted motion to modify TWAAC's scope of duties. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Winter Springs, Florida as follows: Section 1. Modification of TWAAC's Scope of Duties. Section II (a) of Resolution 2012-12 is hereby amended to modify the responsibilities of the TWAAC as follows: (Underline type indicates additions and str-ikeetit type indicates deletions from Section II (a)) SECTION II. TWAAC Responsibilities. (a) The members of TWAAC shall conduct a comprehensive review of City Commission Agenda Item 600, dated May 29, 2012, any supporting documentation thereto, to familiarize themselves with factual information compiled by the City regarding the Tuscawilla Units 12/12A wall situation. Upon conclusion of this review, the TWAAC shall determine and recommend to the City Commission the replacement repair, or removal of the aforementioned existing brick wall. Such recommendation shall address the technical and financial aspects of the recommendation. subject to the following constraining parameters: (1)there will be no additional cost imposed on the City; and (2)there will be no further liability posed on the City. type "" types of wall that will Section 2. Effective Date. This Resolution shall take effect on July 9, 2012. City of Winter Spring, Florida Resolution Number 2012-19 Page 1 of 2 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the 9th day of July, 2412. In witness whereof, I have hereunto set my hand and caused this seal to be affixed. C -ES LACE ayor ATTF AN ORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City inter Springs,Florida only: ANTHONY A. GARGANESE, City Attorney City of Winter Spring, Florida Resotution plumber 2012-19 Page 2 of 2 Appendix C Staff Presentation from August 29, 2012 meeting cq 4 cq OF F ,tw tip, T r•a CA cq LO Lr) > W CD 00 I 1 w its LLl C 0 c 0 0 a, a) � 0 r ;0 , i + ; bJD � 4--' C! Cl) CA Cl) C -�-+ • X1-4 0 0 0 U U U U U y's u u u u .. CJ n 75 110 tz .- o tz cu cq v x r� • �5 4 ` cu y , Qj CA cu rq W O ,. rN a, cu , ka F3 E.,,,, ., F�..� , , • '' y f�� 4 4-j bD r4 ' , �. _ �. � � L �• '� .,� �, � .�.� {. �, . .� �_ � r w n � - r ' x-� 4 � , .` y "- w �+Y. �•#�- rt f "i' r L5F " ' + . Ar- Ir LL �i * flrc L. LLJ i L Lill bdi �1 •ate f I r I • t Tl �.i . 4 �+ �+ �� - iii 4� �.-�i ,� 4 i , ��,�. } � � �,�-. � � � _ �, � - �` } F ` ' ��� r� - } -;�# F_ .�� _ _�.. • ; r 1 k � J � � �• - {� .� � {_ ��,�..4r�.. � _ + `- _ _ ._�,�' �� _ �y] ���, . r- S' 5 3 1p Qj LA • +91t�1i 4 f + v L 21 LL 4 i• .+ -:1 ilk C C!) CU] r .- un cu �D Ln cz 4-1 1z; JWJ c� 0 0 0 0 0 0 0 � •: ❖ 0� r 3 Lo 7' 7t u 00 cc CA C • 75 x •� p r � I� II II � o "1 o. ct $00 LLJ { ' All- 0 G `" �y � z can i Ld C W .3 y Z6 3r 2 N J 4 O z q H µ tA T r� �w un •�' 0 , tA , CL P 4-j PZ•�--� '�--� 4�---1-+ PM o ago 4 o CIO "C� CU 75 ll� F-q Pm 440 cu.. "� T • 0 I ;-, 4-j c -, Ilu car} O �I4-h , . visa CLI un Uri all" Uri a 0 Lin Ln 0-4 J4 C) in cu ;6.o v 164 r-L r OID 411 C) • � x o . o r4 .rmt o Lo , 4--1 m C/n z CL ,� i " g ;3 EM qj. 4 --, 04 • irr Ln 40 % s x + , j O � ,� Ln .!I rz 4-J 01 CLO pn *� u �° , � � . " g I� 419 v LA4 +-4 •u w U dp • ' CU CD cu cu Uri cu :4—j CD kl� tx ' un r--A tt CIA + ' c aia ,—� ` `�' 0 CIS Appendix D Price Quote from Seminole Masonry for Wall Replacement at Corners f6fd �ffruuatu�u mom gummmmmm Mom amwamm acclaim Seminole Masonry, Inc. Office: 407-971-2464 Adam Siegel Cell: 407-212-5516 1726 W. Broadway Street Fax: 407-971-2519 Oviedo, FL 32765 seminolemasonry.com Proposal September 17, 2012 City of Winter Springs Brian Fields 407-327-7597 bfields@winterspringsfl.org Project: # 12-069 Tuscawilla Unit 12 (Revised Proposal#2) This proposal is for the construction of: Section A-5 Areas Where Demolition Has Already Occurred • Demolition of remaining 52 LF of 2' high above finished grade brick wall and footer. Total: $520.00 • Demolition of remaining 13 LF of brick wall (height varies) and footer. Total: $130.00 • Removal of remaining 77 LF of footer. Total: $770.00 • Construction of 5 utility brick entry wall features built per our engineering. Entry wall features to include, in total: o (10) 28" x 28" x 7' utility brick columns built per our engineering. These columns will be located at each end of the angle breaks. o (5) 16" x 16" x 4' utility brick columns built per our engineering. These columns are located at the ends of the short return walls. o (5) 32 LF sections of 6' tall utility brick wall with one standard rowlock cap on top built per our engineering. (1) 32 LF section of wall will be constructed to retain up to 2' of fill. o (5) 13 LF sections of utility brick walls ranging_ from 6' to 4' in height built per our engineering. Total of Above Items: $32,265.00 Section B—3 Existing Entry Features • Demolition of approximately 150 LF of existing brick wall and columns. • Construction of 3 utility brick entry wall features built per our engineering. Entry wall features to include, in total: o (6) 28" x 28" x 7' utility brick columns built per our engineering. These columns will be located at each end of the angle breaks. o (3) 16" x 16" x 4' utility brick columns built per our engineering. These columns are located at the ends of the short return walls. o (3) 32 LF sections of 6' tall utility brick wall with one standard rowlock cap on top built per our engineering. o (3) 13 LF sections of utility brick walls ranging from 6' to 4' in height built per our engineering. Total of Above Items: $20,982.00 • Engineering for all above items (Section A and Section B). Total: $795.00 • Permitting for all above items (Section A and Section B). Total: $756.00 • Demolition and repair of sidewalk as need: $4.75 per sq ft • Sodding Repair: $3.25 per sq ft • Tree removal: Priced as needed Section C —Signage Options • High end signage (aluminum, laser cut, pin set lettering) budget number, per request from Brian Fields: $3,500.00 Each • Low end signage (composite lettering) budget number, per request from Brian Fields: $2,500.00 Each Section D —Cosmetic Repair ® Cosmetic repair of existing 2,557 LF of brick wall, including replacing missing brick, tuck pointing joints on both sides of wall and any other cosmetic issue: Total: o Two men (mason and laborer): $150.00/hr o Cost of materials 0 10% of total material cost Includes: Labor, materials, permitting, engineering, sidewalk repair as needed, sodding repair as needed, demolition, columns, wall, footers, and job related trash removal Does not include: Surveying, temporary fencing, MOT compaction testing, right of way permitting, signage Dote: Seminole Masonry will not be held responsible for damages to: landscaping, irrigation, curbing, concrete sidewalks/driveways, or asphalt roadways incurred during the scope of our normal construction process. This proposal amount is based on estimated quantities of each line item. These quantities shall be field verified upon job completion, and will be equitably adjusted as needed. Appendix E Price Quote from Alternative Wall Systems for Wall Repairs PROPOSAL Alternative Wall Systems Inc. 1117 Seafarer Lane Winter Springs, FL 32708 Mike Masters 407-765-0038 September 12, 2012 Submitted to: City of Winter Springs For repair work of brick wall along Winter Springs Blvd and Northern Way, per drawing. Scope of work: Repair 35 columns to original design. Remove any loose brick and mortar of entire wall Replace missing brick and tuck & point missing mortar with high strength grout. Clean up masonry debris. Price includes all labor, mortar and grout any brick will be supplied by Winter Springs. Columns: $2,625.00 Wall: $3,400.00 Total: $6,025.00 I i s I � - J 3 v { a �T a No 11 14 16 M viii, OW I 1 ATTACHMENT U Tuscawilla Units 12/12A Wall Assessment Program Cost Summary Wall Replacement(8 Locations/Entrances)-Capital Expense(Including 10%Contingency) a. Baseline Bid $69,484 b. Landscape/Tree Removal c. Site Repair/Restoration Initial Repair of Wall(Entire Length)-Capital Expense(Including 10%Contingency) a. Baseline Bid ($6,025-Alternative Wall Systems) $8,278 b. Landscape/Tree Removal Landscaping(4 Entrances)-Capital Expense(Including 10%Contingency) a. Staff Estimate for Drought Tolerant/Low Maint. $8,800 Recording of Easements(Seminole County/Legal)-Capital Expense a. Staff Estimate of Recording Costs $2,400 Assessment Program Establishment-Capital Expense a.Consultant/Legal/Hearings/Contractual $29,500 City Cost Recovery-Capital Expense a. Initial Outlay by City for Survey, Engineering and Wall Removal $8,125 Total Capital $126,587 Annual Maintenance and Operating a. Staff/City Administrative $1,500 b. Property Insurance for Wall (Estimated) $1,000 C. Consultants(Legal and Program Mgt.) $2,500 d. Maintenance and Repair Program** $2,500 Total Maintenance $7,500 ** Part of 1st year Maintenance and Repair Program Budget will be set aside to fund Statutory Reserves. ATTACHMENT 'E' NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS Winter Springs, Florida (the "City") hereby provides notice, pursuant to section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad valorem special assessments to be levied over a number of years within certain areas of the incorporated area of the City. The potential special assessment areas include: (i) the addition of certain properties that were previously excluded in a special assessment area to fund the cost of street lighting, sign installation and related annual maintenance; and (ii) creation of a new assessment area to fund the cost of rehabilitating/constructing portions of a privacy wall and related annual maintenance; each for the Fiscal Year beginning on October 1, 2013. The City will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632, Florida Statutes, at a public hearing to be held at 5:15 P.M., or as soon thereafter as the matter may be heard, on December 10, 2012 at the Commission Chambers at City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, are on file at the Office of the City Clerk, City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. All interested persons are invited to attend. In the event any person decides to appeal any decision by the City with respect to any matter relating to the consideration of the resolution at the above-referenced public hearing, a record of the proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evidence on which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City at 407/327-1800, at least 48 hours prior to the date of the public hearing. To Be Published: November 12, 2012 November 19, 2012 November 26, 2012 December 3, 2012 ATTACHMENT 'F' ancus 7 Lots Behind Wall 2 Lots (West) ....... Outside Wall 3 Lots -.0 (East) Outside Wall