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1568 17/92 BPA w/US 17/92 CRA CNI % - 1 8 7 7 - 7 7 PUBLIC WORKS DEPARTMENT sae TRANSMITTAL MEMORANDUM cc To: City Clerk ) 11/4d°- RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) fid - ph aAi c ❑ Ordinance ❑ Performance Bond ❑ Resolution ® City Attorney's Initials ❑ City Comm Item ® Finance Director's Initials ® Purchase Manager Initials Once completed, please: ❑ Return original ❑ Return copy Special Instructions: Executed original of the 17/92 Beautification Project Agreement with US 17/92 Community Redevelopment Agency for our records. Please advise if you have any questions regarding the above. Thank you! Robert Beall 4/25/13 From Date US 17 -92 STREET BEAUTIFICATION PROJECT CITY OF SANFORD /US 17 -92 CRA THIS AGREEMENT is made and executed this 16th day of Apri 1 20 13 , by and between the US 17 -92 COMMUNITY REDEVELOPMENT AGENCY, whose address is 1101 East First Street, Sanford, Florida, 32771, hereinafter referred to as the "CRA ", and CITY OF SANFORD, whose mailing address is P.O. Box 1788, Sanford, Florida 32772 -1788, hereinafter referred to as the "CITY ", for the purpose of facilitating CITY's and CRA's Street Beautification and Improvement Project. WITNESSETH: WHEREAS, CRA and CITY are mutually desirous of entering into a cooperative venture to complete a streetscape beautification and improvement project along US 17 -92 from Park Drive to First Street ( "Project "); and WHEREAS, CRA and CITY have each agreed to mutual obligations to make the Project a reality and each agrees that the covenants of this Agreement represent the most practical, economic, and beneficial means to accomplish the parties objectives; and WHEREAS, both parties hereby represent, each to the other, that they are legally empowered to enter into this Agreement and have done all steps necessary and incidental to the execution of this Agreement; and WHEREAS, this Agreement is authorized under the provisions of Chapter 163, Florida Statutes, which authorizes the exercise by Agreement of two (2) or more public agencies of any power common to them, U.S. 17 -92 Street Beautification Project Page 1 of 8 NOW THEREFORE, in consideration of the mutual covenants, terms, and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Recitals. The recitals set forth above are true and correct and form a material part of this Agreement upon which the parties have relied. Section 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions associated with parties' joint responsibilities for completion of the Project. Section 3. Term. The initial term of this Agreement begins upon execution of this Agreement by the parties and shall remain in effect for a period of eighteen (18) months or until terminated by either party after first giving thirty (30) days written notice. Section 4. City's Responsibilities. CITY will be responsible for the following: (a) Coordinating and hiring all contractors involved in the Project. (b) Completing the Project as outlined in the Scope of Services, attached hereto as Exhibit A. (c) Payment of any and all cost overrun beyond the THREE HUNDRED THIRTY - TWO THOUSAND FOUR HUNDRED AND NO /100 DOLLARS ($332,400.00) to be paid by CITY for this Project. Section 5. CRA's Responsibilities. CRA will reimburse CITY for the work as outlined in Exhibit A in one lump sum when the Project is deemed completed by CRA. Payment will not exceed the figure of THREE HUNDRED THIRTY -TWO THOUSAND FOUR HUNDRED AND NO /100 DOLLARS ($332,400.00). U.S. 17 -92 Street Beautification Project Page 2 of 8 Section 6. Notices. (a) Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to wit: For CRA: CRA Manager Seminole County 1101 East First Street Sanford, Florida 32771 For CITY: City Manager City of Sanford 300 North Park Avenue Sanford, Florida 32771 (b) The parties may effect changes or substitution to the names and addresses of the contact persons by written notice to the other party which notice can also be sent via facsimile transmission, provided that a record of such communications shall be maintained by both parties. Section 7. Termination. Anything else in this Agreement to the contrary notwithstanding, this Agreement may be terminated by either party upon giving thirty (30) days written notice to the other party. Section 8. Insurance Requirements. Each party shall maintain adequate insurance coverage to protect its own interests and obligations under this Agreement. U.S. 17 - Street Beautification Project Page 3 of 8 Section 9. Indemnification. (a) Each party to this Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions arising out of this Agreement of that party and the officers, employees, and agents thereof. (b) The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of CRA and CITY beyond the waiver provided for in Section 768.28, Florida Statutes. (c) The waiver of a provision herein by either party shall not constitute the further waiver of said provision or the waiver of any other provision. Section 10. Independent Contractors. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of copartners between the parties, or as constituting CITY, including its officers, employees, and agents, the agent, representative, or employee of CRA for any purpose, or in any manner, whatsoev- er. The parties are to be and shall remain independent contractors with respect to all services performed under this Agreement. Section 11. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue under or by reason hereof to or for the benefit of any third party not a formal party hereto. Section 12. Equal Opportunity Employment. The parties agree that they will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, U.S. 17 -92 Street Beautification Project Page 4 of 8 color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Section 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the parties consent to venue in the Circuit Court in and for Seminole County, Florida as to state actions and the United States District Court for the Middle District of Florida as to federal actions. Section 14. Interpretations. In the event any provision of this Agreement conflicts with, or appears to conflict with, the other terms of this Agreement including exhibits or attachments hereto, if any, this Agreement shall be interpreted as a whole to resolve any inconsistency. The parties agree to engage in positive and constructive communication to ensure that the positive collaboration of the parties occurs. Section 15. Force Majeure. In the event any party hereunder fails to satisfy in a timely manner any requirements imposed by this Agreement due to a hurricane, flood, tornado, or other act of God or force majeure, then said party shall not be in default hereunder provided, however, that performance shall recommence upon such event ceasing its effect. Section 16. Modifications, Amendments or Alterations. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Section 17. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the U.S. 17 -92 Street Beautification Project Page 5 of 8 intentions of the parties can continue to be affected. To that end, this Agreement is declared severable. Section 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors in interest, transferees, and designees of the parties. Section 19. Public Records. Each party shall allow public access to all documents, papers, letters, or other materials which have been made or received in conjunction with this Agreement in accordance with Chapter 119, Florida Statutes. Section 20. Records and Audits. The parties agree to maintain all books, documents, papers, accounting records, and other evidences pertaining to work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for five (5) years from the date of final payment under the contract for audit or inspection. Section 21. Conflicts of Interest. (a) The parties agree that they will not engage in any action that would create a conflict of interest in the performance of their obligations pursuant to this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (b) The parties hereby certify that no officer, agent or employee has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5 percent), either directly or indirectly, in the business of the party to be conducted hereunder; that no such person shall have any such interest at any time during the term of this Agreement; and that no person shall use any monies derived under this Agreement for lobbying the legislature in contravention of Section U.S. 17 -92 Street Beautification Project Page 6 of 8 216.347, Florida Statutes. The occurrence of an event of ethics violation as envisioned herein shall be grounds for unilateral termination of this Agreement by the non - offending party. Section 22. Compliance with Laws and Regulations. In performing under this Agreement, the parties shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the acts contemplated to be performed herein, including those now in effect and hereafter adopted. Any material violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement and entitle the non - violating party to terminate this Agreement immediately upon delivery of written notice of termination to the violating party. Section 23. Dispute Resolution. Disputes shall be resolved in accordance with any dispute resolution agreements pertaining to the parties and the provisions of Chapter 164, Florida Statutes. Section 24. Construction of Agreement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that each of the parties have contributed substantially and materially to the preparation hereof. Section 25. Headings. All sections and descriptive headings in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. Section 26. Entire Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. This Agreement shall bind the parties, their assigns, and successors in interest. Section 27. Exhibits. Exhibits to this Agreement shall be deemed to be incorporated into this Agreement as if fully set forth verbatim into the body of this Agreement. U.S. 17 -92 Street Beautification Project Page 7 of 8 Section 28. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. ATTEST: CITY OF SANFORD 1L(•4 , .:. By: A ANET R. DOUGHE ' TY " JEFF TRIP fiw . ; City Clerk �! Date: -R013 q t�J Approved as to form and legal sufficiency. 1• L IAM L. CO BERT i City Attorney 4 ,Q„/4//6 - US 17 -92 COMMUNIT REDE _ • PMEN /CY By: C4 ' 4 BERT DALL • ' , Chairman Approved as to form and Date: 4 /- legal sufficiency. ATTEST: i County Attorney MAR N ide Attachments: Clerk to the Board of Exhibit "A" - Scope of Services County Commissioners of Exhibit`B " - Scopeof Services-Landscape Architect Seminole County, Florida. MCC /sjs 3/1 /13 P: \Users\Legal Secretary CSB\Planning & Development \17 -92 CRA Street Beautification Project.doc U.S. 17 -92 Street Beautification Project Page 8 of 8 s .. VI( PS 0 October 15, 2012 Commissioner Randy Jones 500 West Fulton Street District 3, City of Sanford, Florida Sanford, Florida 32771 P.O. Box 2808 Sanford, Florida 32772-2808 RE: Sanford 17 -92 Beautification Project Phase II (Park Drive — First' Street) Phone: 407.322.6841 Project Description/Scope Fax 407.330.0639 Dear Commissioner Jones: www.cpliengineers.com Per your request this letter details the above referenced proposed project description and scope based on previous discussions with you, City staff and CRA representatives. Existing Conditions: US 17 -92 (French Ave.) between Park Drive and First Street is a busy commercial corridor that is essentially the gateway into the heart of the Sanford business district. This two mile stretch of road connects the historic and revitalizing downtown to the more suburban business district and middle/lower income residential districts just outside the corridor. The businesses in this segment are widely varied in size, type and customer base. Businesses and uses along this stretch include: insurance offices, car dealerships, warehouses, industrial, auto repair shops, churches, dentist offices, medical clinics, fast food restaurants /diners, drug stores, general retail, fire station, grocery, bail bondsman, middle school, locksmith, pawn shops, night clubs, veterinarian clinic, and a dog park, among many others. U.S. 17 -92 is a busy vehicular thoroughfare with a narrow right -of -way and heavy pedestrian usage. This area is in need of significant aesthetic upgrades to ensure continued viability of the thriving businesses and to encourage infill and re- invigoration of struggling businesses. This project also aims to improve the appearance of what effectively serves as the `front door' to many residential neighborhoods adjacent to the corridor. Proposed Improvements: Due to the limited right -of -way on each side of the corridor the main focus will be on hardscape improvements in the right -of -way to significantly enhance the appearance as well as safety and function of the corridor. Specifically the proposed improvements will include: 1. Decorative Lighting: The current lighting levels will likely improve with the installation of technologically improved and more efficient fixtures that will be more carefully set for better light distribution. These will be decorative old world style lights that will match the ones in the Airport Blvd to Park Drive segment and is consistent with the historically themed fixtures of Downtown. The new lights will be placed in approximately the same locations as the existing ones with some exceptions based on better design layout and function. The unattractive overhead power lines connecting each pole will also be moved underground. (Note: FDOT is currently working on a design to replace the lighting between Airport Blvd. and Lake Mary Blvd. to match the lighting in the Airport-Park Segment.) 1 2. Decorative Paver Utility Strips: A narrow strip of grass between the back of curb and sidewalk is a maintenance problem and is usually not very attractive. We propose that this strip of grass be replaced with decorative pavers that can be easily removed for any potential work on the underground utilities in that location. These pavers will not only dress up the corridor but will effectively serve to widen the pedestrian walkway. This area is not maintained on a regular basis and is maintained by FDOT. This would eliminate the need for contractors to maintain the Right of way and will create a more unified look. 3. Decorative Crosswalks: will be installed at each of the following intersections: at Park Drive, 25 Street, 20 Street, 18 Street school crossing and 15 Street.. The material will be imprinted colored asphalt simulating brick pavers. This treatment will not only enhance the aesthetics of these crossings but will potentially make these walks safer because it should be more visually effective than the current conventional striping. 4. Decorative Intersection Paving: At each signalized intersection additional decorative pavement would be installed between the cross walks for additional aesthetic enhancement as well as traffic calming. This would be stamped/colored asphalt, the same material used for the cross walks but with different pattern for distinction. Other municipalities such as Casselberry have done similar pavement treatments with success on 17 -92. 5. Curb Cut Elimination /ModificationsiReplacement and Repair): There are excessive curb cuts along this corridor and many are too wide creating potential traffic safety issues and poor functionality of adjacent parking and vehicular use areas. It is proposed that these openings be modified (narrowed) to conform to F.D.O.T. standards and/or eliminated as necessary. This segment of the project will require close coordination with each property owner affected by such work. 6. Overhead Sign Pole Replacement. The existing school crossing and lane assignment signage on concrete string poles and span wire will be replaced with decorative mast arms in keeping with the theme established by the proposed decorative traffic signals and light poles. Each of these items has been carefully reviewed in terms of their feasibility, practicality, functionality and visual impact. We believe that this project will promote and implement many goals of the C.R.A.'s mission. We trust that the membership of the 17 -92 Community Redevelopment Agency will agree and vote to support this project in its entirety. Attached please find a detailed cost estimate, proposed project overview map and photo /renderings illustrating some of the proposed features. Please let me know if you have any questions or comments as we begin this process. Sincerely, CPH Engineers, Inc. Galen J. Pugh, RLA, AICP Sr. Landscape Architect 2 General Scope Description A. DESIGN/PERMITTING/POST DESIGN SERVICES 1.0 SITE VISIT AND CONCEPTUAL PLAN SET Will perform a site visit with the City of Sanford Staff to confirm project limits, potential design issues, determine roadway access points that are to be removed and/or modified, and determine the best approach to meet the overall project objectives. During this phase, CPH will coordinate with the City of Sanford on plan approval. Any city permit application fees are not included. CPH will also contact the Utility Companies that service the area to determine location of services, possible conflict locations, application forms, and potential costs for relocation of services as part of the proposed improvements. The above information will be compiled into a Conceptual Plan Set, which will be submitted to the City of Sanford for review and approval. Based upon the data gathered during the site visit, and Conceptual Approval from the City, CPH will prepare a set of base drawings to cover the proposed improvements for use by CPH and Sub - Consultants for construction plan generation. 2.0 PRELIMINARY DESIGN PHASE Based on the City approved Conceptual Design Plans, CPH will prepare the Preliminary Engineering Plans. The preliminary plans will include Typical Sections (representative of overall design/beautification elements), Plan Layouts for access management modifications, and Plan Layouts for proposed Signing & Pavement marking modifications. Plans will be prepared in accordance with the local jurisdiction of the City of Sanford and the Florida Department of Transportation District 5 (FDOT -D5). Plans will be supplied to the City of Sanford in reproducible form at a suitable scale to fit on a eleven inch by seventeen inch (11" x 17 ") plan sheet and will be accurate, legible, complete in design, and suitable for submittal to regulatory Agencies as necessary. The plans and data will be reviewed with the City of Sanford, prior to submitting the plans to the FDOT -D5. 3.0 ACCESS MANAGEMENT Based upon submitted plans to FDOT -D5, we will coordinate directly with FDOT -D5 to address any /all access management concerns. CPH will assist in the identification and documentation of driveway cuts in the Corridor considered candidates for closure. CPH will assist the City in facilitating the acquisition of consent from the property owners to allow the potential closures. In the event it is necessary, and requested by the City, CPH will provide an exhibit illustrating the proposed post - condition. CPH will also employ the use of GIS and public records to estimate quantities and construction costs for this effort Coordination includes required resubmittal(s) of plans to adequately address Access Management concerns, Access Management specific meetings and Public Involvement meetings. 4.0 MAST ARM SIGNAL/SIGN SUPPORT PLANS CPH will prepare mast arm signal design plans for inclusion of Mast Arm supported School Zone signs to the north and south advances of the US 17/92 school crossing at 18 Street. Design and coordination for one additional Mast Arm to support lane designation signs at 2' Street will also be provided 5.0 PAVEMENT DESIGN CPH will prepare pavement design plans/construction documents for inclusion of stamped asphalt patterns on crosswalks at Park Drive, 25 Street, 20 Street, 18 Street (school crossings) and 15 street and the pavement between the crosswalks at each intersection. These plans will include the design of utility strip pavers to eliminate the sod strip between the existing sidewalk and the back of curb. 6.0 FINAL DESIGN PHASE Based on the City and FDOT -D5 approved Preliminary Engineering Plans, CPH will prepare the Final Engineering Plans (Construction Plans). The Roadway/Transportation Final Plans will include but may not be limited to the following sheets: • Cover Sheet • Typical Sections • Summary of Pay Items •b Roadway Plan Sheets w General Notes • Intersection Layouts + Stormwater Pollution Prevention Plans (SWPPP) (General and Project Specific Notes) • Traffic Control Plan (TCP General Notes and FDOT Design Standard Index, Series 600) Final Engineering plans will be prepared as in accordance with the City of Sanford and the Florida Department of Transportation District 5 (FDOT -D5), suitable for final review and approval. The plans and data will be reviewed with the City of Sanford, prior to submitting the plans to FDOT- D5. 7.0 ELECTRICAL DESIGN Electrical Engineering Drawings for the installation of new decorative street lights and will include: • Roadway Lighting from Park Ave. to 1 • Street, to comply with FDOT and City Standards + Selection and specification of lighting fixtures. • Electrical Services as needed. ❖ Power circuiting to Roadway lighting. • Photometric study. + Voltage drop calculations. ❖ Estimate of probable construction costs. 8.0 PERMITTING PHASE Upon receipt of the City of Sanford's approval of the respective plans listed above, CPH will prepare the permit applications and support data for the applicable regulatory agencies, including; • City of Sanford • Florida Department of Transportation District 5 (FDOT -D5) If any other agencies are identified as required to approve the project, an amendment to this agreement will be prepared. Unless specifically noted in this contract, no Rezoning, Land Use Changes, or Special Use Permits are included in this task. CPH will coordinate the processing of the applications through the regulatory agencies, including attendance of a limited number of meetings with the agencies that may be necessary to receive the approval. Within this service are up to two (2) meetings or conference calls with each of the regulatory agencies, one (1) submittal of the applications and supporting documents, and two (2) responses to agency comments. In order to minimize travel, meetings with multiple agencies will be scheduled whenever possible. Meetings required beyond these will be handled as additional service. Should there be a potential for denial on an application, the City of Sanford will be informed so they may make the appropriate arrangements to retain legal staff to address the denial should it occur. • 9.0 BIDDING ASSISTANCE The CONSULTANT shall assist the City during the Bid Phase of the project consisting of preparing written responses to bidder questions forwarded by the City; issuing to the City clarifications as needed to clarify the design; and preparing draft addenda items for the City's use. 10.0 POST DESIGN SERVICES CPH will perform limited post design services to include: Attendance of the City administered pre - construction meeting, review and approval of shop drawings, and responses to Contractor Requests for Additional Information (BFI's) as required by the City of Sanford or FDOT -D5. Construction Administration and Inspections services will be provided by the City and are not included in this scope of services. Total Design/Permitting /Post Design Services Fee: $220.770 B. SURVEY 1.0 Right -of -Way Retracement (Specific Purpose Survey): • Compute right of way (R/W) geometry of approximately 11,000 linear feet corridor along U.S. 17 -92. The following will be used to determine the right of way for the project area: o Florida Department of Transportation Right of Way Map Section No. 7715- (101) 150, Road No. 15 -A, Seminole County, Sheets 1-4. • Field locate accessible existing right -of -way monumentation to retrace right -of -way. Note: Title Search is not included as part of this scope. 2.0 Topographic Survey: Perform a Topographic Survey as per Rule Chapter 5J -17 of the Florida Administrative Code in compliance with the minimum technical standards of surveying and mapping of the State of Florida. • 100' topographic grid of approximately 11,000 linear feet of right -of -way. • A certified right -of -way map will not be provided. • Location of visible improvements within right -of -way and 10' beyond together with visible and underground utilities as designated by others. • Location of trees within the right -of -way 6" diameter at breast height (dbh) or greater. 3.0 Control Survey (Benchmarks and Horizontal Control) and State Plane Coordinate System: The project will be vertically based on the North American Vertical Datum of 1988 (NAVD 88). The project will be referenced to these published elevations by field locating published benchmarks. The National Geodetic Survey and Seminole County benchmarks will be researched and verified in the field. Horizontal and vertical control points both will be established for the project as required by the Minimum Technical Standards of the State of Florida Rule Chapter 5J -17, Florida Administrative Code. • "Horizontal control monumentation for road center - lines, right -of -way lines, reference lines or base lines shall be at least a minimum of two (2) points placed so that no point on the line being monumented is more than 700 feet from a control monument." • r • • "Vertical control for linear type construction sites such as roads and sewer lines shall have a maximum of 1,100 feet between existent or established benchmarks." The project coordinate system will be based horizontally on the North American Datum of 1983 (NAD 83). The project will be referenced to state plane coordinates by field locating published control points. The National Geodetic Survey and Seminole County control points will be researched and verified in the field. This base of reference will be used to establish the horizontal coordinate system (control points) for the project. 4.0 Underground Utility Designation: • Underground utility designation of project area (estimate 112,000' buried utilities) • Survey location of designations Total Survey Services Fee: $79,230 SUMMARY: Desien/Permitbne/Post Design and Survey Fees Engineering Design/Permitting $220,770 Survey: A. R/W Retracement, Topo, Horiz. Control $54,450 B. Underground Utility Designation: $24,780 Design/Permitting /Post Design/Survey Fee: $300,000 C. Optional: Clear 81 Street Light Pole Locations 36 "x36 "x7' deep using cross cut clearing method: $400 per light pole $32,400 Total Fee with Optional Service: $332,400