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2014-R-10 RESOLUTION NO. 2014-R-10 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE GEORGE KENNEDY PARK SEAWALL RESTORATION PHASE I PROJECT AND AUTHORIZING CITY STAFF TO APPLY FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City of Edgewater is interested in carrying out the following described project for the enjoyment of the citizenry of Edgewater and the State of Florida: Project Title: George Kennedy Park Seawall Restoration, Phase I Total Estimated Cost: $40,000.00 Brief Description of Project: Investigate, design, engineer and prepare construction Bid documents for repair of approximately 400 linear feet of seawall. and, Florida Inland Navigation District (FIND) financial assistance is required for the program mentioned above. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. Hereby authorize the George Kennedy Park Seawall Restoration, Phase I project. Section 2. Hereby authorize City Staff to make application to the Florida Inland Navigation District in the amount of$40,000.00 which is 100% of the actual cost of the project on behalf of the City of Edgewater. 2014-R-10 1 Section 3. The City Council of the City of Edgewater hereby certifies the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Edgewater for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. 2014-R-10 2 Section 4. Conflicting Provisions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. Severability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. Section 6. Adoption and Effective Date. This resolution shall take effect upon adoption. After Motion to approve by with Second by ecrinoax„,„,amer with the vote held on May 5, 2014, as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X 2014-R-10 3 PASSED AND DULY ADOPTED this 5th day of May, 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGE T R, RIDA B .'` Am1 ■1- Bonnie Wenzel 0 Mike i omas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 5th day of May,2014 under Aaron R. Wolfe,Esquire Agenda Item No. 8C.. . City Attorney Doran, Sims,Wolfe, Kundid, Ciochetti&Wagner 2014-R-10 4 ATTACHMENT E-1 WATERWAYS ASSISTANCE PROGRAM FY 2014 PROJECT APPLICATION APPLICANT INFORMATION—PROJECT SUMMARY Applicant: City of Edgewater Department: Parks and Recreation Project Title: George Kennedy Park Seawall Restoration, Phase 1 Project Director: Tracy Barlow Title City Manager Project Liaison Agent(ifdifferent from above): Shailesh K. Patel Liaison Agent Title: President/Managing Member Address: 4643 S. Clyde Morris Blvd., Unit 302 Port Orange, FL Zip Code: 32129 Telephone: 386-304-6505 Fax: 386-304-6506 Email: spatel @dmces.com ***** I hereby certify t t e information provided in this application is true and accurate.**** SIGNATURE: DATE: March 27, 2014 PROJECT SUMMARY NARRATIVE (Please summarize the project in 2 paragraphs or less.) George Kennedy Park seawall is showing signs of deterioration. Cracks and spalling are observed along the entire seawall cap with subsidence in certain sections of the abutting sidewalk immediately landward of the seawall. This subsidence of the concrete walkway has created a safety concern. This Phase 1 project will access and determine cause of subsidence of the sidewalk and repair the sidewalks, seawall cap and sheet piles along 400 linear feet of seawall. Form No. 90-22 Rule 66B-2, (New 12/17/90, Rev.07-30-02,04-24-06) Agenda P1 ATTACHMENT E-2. APPLICATION CHECKLIST 2014 (To be completed by the Applicant) • This checklist and the other items listed below in items 1 through 14 constitute your application. The required information shall be submitted in the order listed. Any additional information submitted by the applicant is subject to being removed from the package by District staff prior to presentation to the District Board because of reproduction and space considerations. Two (2) copies of your application are required. One original and one electronic copy. All information (except maps) is required to be on 8 1/2" x 11" paper. Maps and drawings may be on 8 1/2" x 14" paper and folded to 8 1/2" x 11" so that they may be included to hole punch and bound by staff. PROJECT NAME: George Kennedy Park Seawall Restorat YES NO 1. District Commissioner Review(prior to March 03) — (NOTE: For District Commissioner initials ONLY!) (District Commissioner must initial the yes line on this checklist for the application to be deemed complete) 2. Applicant info/Project Summary– E-1 (Form No. 90-22, I page) n (Form must be completed and signed) 3. Application Checklist– E-2 (Form No. 90-26. 2 pages) ✓ 1 (Form must be signed and dated) 4. Project Information– E-3 (Form No. 90-22a, I page) n 5. Project Evaluation and Rating– E-4(_t(Form No. 91-25) 171 (Form must be completed. proper attachment included) (No signatures required) 6. Project Cost Estimate–E-5 (Form No. 90-25. 1 page) ✓ (Must be on District form) 7. Official Resolution Form –E-6(Form No. 90-21, 2 pages) _✓ (Resolution must be in District format and include items 1-6) 8. Attorney's Certification (Land Ownership)– E-7 1 (Must be on or follow format of Form No. 94-26, (Legal descriptions NOT accepted in lieu of form) ATTACHMENT E-2 (Continued) APPLICATION CHECKLIST (To be completed by the Applicant) 9. Project Timeline—E-8 (Form No. 96-10, 1 page) ✓ 10. County Location Map ✓ 11. City Location Map (if applicable) ✓ I 12. Project Boundary Map ✓ I 13. Clear& Detailed Site Development Map �✓ 14. Copies of all Required Permits ✓ (Required of development projects only) The undersigned, as applicant, acknowledges that Items 1 through 13 above constitutes a complete application and that this information is due in the District office no later than 4:30 PM, April 01, 2014. By May 30, 2014 my application must be deemed complete (except for permits) or it will be removed from any further consideration by the District. I also acknowledge that the information in Item 14 is due to the District no later than the final TRIM Hearing in September 2014. If the information in Item 14 is not submitted to the District office by the District's final TRIM hearing in September 2014, I am aware that my application will be removed from any further funding consideration by the District. George Kennedy Park Seawall APPLICANT• of Edgewater APP. TITLE: Restoration, Phase 1 March 27, 2014 ** SIGNATURE -APPLICANT'S LIAISON ** DATE FIND OFFICE USE ONLY Date Received: Local FIND Commissioner Review: All Required Supporting Documents: Applicant Eligibility: Project Eligibility: Available Score: Compliance with Rule 66B-2 F.A.C.: Eligibility of Project Cost: Form No. 90-26 -New 9/2/92, Revised 07-30-02. 2 ATTACHMENT E-3 -PROJECT INFORMATION 2014 George Kennedy Park Seawall APPLICANT: City of Edgewater APPLICATION TITLE: Restoration. Phase 1 Total Project Cost: $40,000 FIND Funding Requested: $ 20,000 %of total cost:50% Amount and Source of Applicants Matching Funds: City Funds Other(non-FIND)Assistance applied for(name of program and amount) N/A Ownership of Project Site(check one): Own: ✓ Leased: Other: If leased or other,please describe lease or terms and conditions: N/A Once completed, will this project be insured against damage? Yes Explain: City maintains the park Has the District previously provided assistance funding to this project or site? : Yes If yes,please list: Fishing Pier What is the current level of public access in terms of the number of boat ramps,boat slips and trailer parking spaces, linear feet of boardwalk(etc.)?(as applicable): Four boat ramps, 36 boat trailer parking, 14 car parking, 180 L.F. fishing pier and pavilions. How many additional ramps,slips,parking spaces or other public access features will be added by the completion of this project? (as applicable): N/A If there are fees charged for the use of this project,please denote. How do these fees compare with fees from similar public&private facilities in the area?Please provide documentation N/A Please list all Environmental Resource Permits required for this project: Agency Yes/No N/A Date Applied For Date Received wMD No DEP No ACOE No COUNTY/CITY Form No.90-22a (New 10-14-92,Rev.04-24-06,4-15-07) Agenda - 2 - Agenda -3- ATTACHMENT E-4 WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET STEP 1: All applicants will complete Attachment E-4 of the worksheet, which includes questions 1 through 6. **Do not answer with more than four sentences.** STEP 2: Complete one and only one sub-Attachment (E-4 A, B, C, D or E, questions 7- 10) according to the applicant's project type. All other sub-attachments that are not applicable to an applicant's project should not be included in the submitted application. APPLICATION TITLE: George Kennedy Park Seawall Restoration, Phase 1 APPLICANT: City of Edgewater 1) PRIORITY LIST: a) Denote the priority list category of this project from Attachment C in the application.(The application may only be of one type based upon the predominant cost of the project elements.) 12. Public waterfront parks and boardwalks and associated improvements b) Explain how the project fits this priority category. The project will improve the structural integrity and safety of the seawall and associated sidewalk for public use. (For reviewer only) Max.Available Score Range of Score (18 to points) 1 Agenda -9- 2) WATERWAY RELATIONSHIP: a) Explain how the project directly relates to the ICW and the mission of the Navigation District. George Kennedy Park abuts the ICW and is 100% public park. This project will restore the safety and of seawall and sidewalk for public use. b) What public access or navigational benefit to the ICW or adjoining waterway will result from this project? This project will provide safe public access and utilization of the park via the sidewalk/seawall system. (For reviewer only) (1-6 points) 3) PUBLIC USAGE & BENEFITS: a) How is the public usage of this project clearly identified and quantified? Estimate the amount of total public use. This park is 100%for public use and recreation. b) Discuss the regional and local public benefits on+l-aeeess that will be provided by the project. This park is used by regional and local boaters and public for recreation and fishing. c) Can residents from other counties of the District reasonably access and use the project? Explain. Yes, this facility is easily accessible by land and water(ICW) (For reviewer only) (1-8 points) 2 Agenda -5- 4) TIMELINESS a) Describe current status of the project and present a reasonable and effective timeline for the completion of the project consistent with Attachment E-8. This project has been preliminarily assessed by an engineer. Design and Engineering: October 2014-May 2015 Bid Documents: June 2015-September 2015 b) Briefly explain any unique aspects of this project that could influence the project timeline. No unique aspects are expected. Permits are not required as this a repair of an existing seawall. (For reviewer only) (1-3 points) 5) COSTS & EFFICIENCY: a) List funding sources and the status and amount of the corresponding funding that will be utilized to complete this project. The City of Edgewater will provide matching funds b) Identify and describe any project costs that may be increased because of the materials utilized or specific site conditions. No project cost increases are anticipated at this time. c) Describe any methods to be utilized to increase the cost efficiency of this project. It is likely that the existing tie-rods and deadmen may be in a reasonable condition and may not need replacement,thus resulting in a cost saving of these materials. d) If there are any fees associated with the use of this facility, please detail. In addition, please provide a listing of the fees charged by similar facilities, public and private, in the project area. There are no fees associated with the usage of this facility. (For reviewer only) (1-6 points) 3 Agenda -6- 6) PROJECT VIABILITY: a) What specific need in the community does this project fill? Is this project referenced or incorporated in an existing maritime management,public assess or comp plan? This project will provide safe public access and site recreational usage. It is the most heavily used boat park in the City. b) Clearly demonstrate how the project will continue to be maintained and funded after District funding is completed. The City of Edgewater will be responsible for the maintenance of the project. c) Will the program result in significant and lasting benefits? Explain. Yes, this seawall and sidewalk repair will create safe access for a long time. d) Please describe any environmental benefits associated with this project. This project will preclude possible sediment loss from behind the seawall. (For reviewer only) (1-7 points) SUB-TOTAL FIND FORM NO. 91-25 Rule 66B-2(Effective Date:3-21-01,Revised 4-24-06, 1/2014) 4 Agenda -7- ATTACHMENT E-4A DEVELOPMENT & CONSTRUCTION PROJECTS WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH RENOURISHMENT PROJECT. 7) PERMITTING: a) Have all required environmental permits been applied for?If permits are NOT required, explain why not. This project will likely be exempt from permitting as it is a repair of an existing facility. b) If the project is a Phase I project,list the tasks scheduled to obtain the necessary permits and engineering work.Please provide a general cost estimate for the future Phase II work. Permits are not anticipated as this would be a repair of an existing facility. Design &Engineering: October 2014-May 2015 Bid Documents: June 2015-September 2015 Estimated Construction Cost: $120,000 c) Detail any significant impediments that may have been identified that would potentially delay the timely issuance of the required permits. None expected. Permits not required. (For reviewer only) (1-4 points) 5 Agenda -8- 8) PROJECT DESIGN: a) Has the design work been completed? If this is a Phase I project, has a preliminary design been developed? No design work has been completed for this Phase 1 project. A preliminary concept has been developed. b) Are there unique beneficial aspects to the proposed design that enhance public usage or access,minimize environmental impacts,improve water quality or reduce costs? This repair will help preclude soil loss from behind the seawall and maintain safe public use. It is possible that the condition of the tie-rod and deadman are in acceptable condition and would not require replacement,thus resulting in cost savings. (For reviewer only) (1-2 points) 9) CONSTRUCTION TECHNIQUES: a) Briefly explain the construction techniques to be utilized for this project. If a Phase 1, elaborate on potential techniques. It is anticipated that most of the work will be performed from land. Turbidity curtains will be used along with other best management practices. Existing cap and sidewalk will be demolished to evaluate tie-rods and deadman. These items will not be replaced if in acceptable condition. Current admixes will be used to minimize corrosion and prolong caps function. b) How are the utilized construction techniques appropriate for the project site? Standard construction techniques will be used for this project. Nothing unique is anticipated. c) Identify any unusual construction techniques that may increase or decrease the costs of the project. No unusual construction techniques are expected at this time. (For reviewer only) (1-3 points) 6 Agenda -9- 10) CONSTRUCTION MATERIALS: a) List the materials to be utilized for this project. What is the design life of the proposed materials compared to other available materials? Special cement additives will be used to increase the design life. In addition, proper coverage of rebars will also increase design life. b) Identify any unique construction materials that may significantly alter the project costs. None expected. (For reviewer only) (1-3 points) RATING POINT TOTAL (Note:The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project.The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding.) Form No.91-25A Rule 66B-2(Effective Date:3-21-01,revised 4-24-06, 1/2014) ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2014 PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE• George Kennedy Park Seawall Restoration, Phase 1 APPLICANT: City of Edgewater Project Elements Quantity or Total Applicant's Cost FIND Cost (Please list the MAJOR project elements and Estimated Cost provide a general cost break out for each one. (Number and/or Footage etc.) For Phase I Projects,please list the major elements and products expected) Design& Engineering 400 LF $ 16,000 $ 16,000 Bid Documents $ 4,000 $ 4,000 ** TOTALS = $ 40,000 $ 20,000 $ 20,000 Fonn No.90-25(New 10/14/92,Revised 04-24-06) Agenda - 10 - ATTACHMENT E-7 ATTORNEYS CERTIFICATION OF TITLE 2014 (See Rule 66B-2.006(4) & 2.008(2) FAC) CITY ATTORNEY CITY OF EDGEWATER P. O. BOX 100 104 North Riverside Drive Edgewater, FL 32132-0100 May ,5 , 2014 TO WHOM IT MAY CONCERN: I, Aaron R. Wolfe, am the City Attorney for the City of Edgewater, Florida. I hereby state that I have examined a copy of a deed, lease, management agreement, etc. from the Trustees of the Internal Improvement Fund of the State of Florida to the City of Edgewater dated April 20, 1956, conveying a fee simple interest subject to reverter in the event the property is not used solely for public purposes in the following described property: 3.1 acres, more or less, submerged & overflow land lying E. of highwater mark from N/L of Lot 4 R. Alvarez Grant to S/L of Park Ave & to Intercoastal Waterway being 210 FT on W/L & 650 FT on S/L. Parcel#7452-01-00-0069 I have also examined a document showing that this property is listed on the tax rolls as belonging to the City of Edgewater. Finally, I have also examined such documents and records as necessary for this certification. This property is what is now called"George Kennedy Park". I certify that the City of Edgewater does in fact own this property and has owned it for more than 58 years. Sincer-ly, dio Aaron R. efe City Attorney City of Edgewater, FL 2014-R-10 5 ATTACHMENT E-8 WATERWAYS ASSISTANCE PROGRAM 2014 PROJECT TIMELINE Project Title: George Kennedy Park Seawall Restoration, Phase 1 Applicant: City of Edgewater The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including, as applicable, completion dates for: permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. NOTE: All funded activities must begin AFTER October 15' (or be consistent with Rule 66B-2.005(3) - Pre-agreement expenses) Permitting: Not required on this project as it would be considered a repair to an existing facility. 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