HomeMy WebLinkAbout2006 01 23 Consent Item 403 1st Amendment to Interlocal Agreement Seminole County
COMMISSION AGENDA
ITEM
403
CONSENT
January 23,2006
Meeting
MGR / DEPT
Authorization
REQUEST: Public Works Department Requesting Approval of the First Amendment to the
Interlocal Agreement with Seminole County for the Maintenance of S.R. 434
Landscaping, Hardscaping, and Streetlightng
PURPOSE: The purpose of this Board item is to request approval of the First Amendment to the
Interlocal Agreement with Seminole County reflecting contingency funding for the
Maintenance of Landscaping, Irrigation, Hardscaping, Streetlighting and Stamped Asphalt
installed with the S.R. 434 Improvement project for the addition of the east bound right
turn lane installed at Moss Road.
CONSIDERATIONS:
This First Amendment to the revised Interlocal Agreement is needed to offset the addition
cost of the eastbound right turn lane installed at SR 434 and Moss Road. The cost of the turn lane
was approved by the commission on February 28,2005 at a cost of$106,388.18. The funding for
the turn lane was approved from the Transportation Impact Fund.
The City Commission authorized approval of revised agreement committing up to $320,000
of the City's portion of the One Cent Sales Tax funds for the SR 434 project and agreeing to the
maintenance of the landscaping, irrigation and asphalt stamping and coloring in February 2004.
Current time over runs by the contractor has exceeded the contract time with AB/WCG for
the CEI of the project. The time extension for CEI has exhausted the $320,000 contingency
funding provided by the city. Indications from FDOT concerning liquidated damages assessed for
time over runs will become due to FDOT and neither to Seminole County nor the City.
January 23,2006
Consent Agenda Item 403
Page 2
This amendment allows for the transfer from the City to Seminole County the funds to
cover the construction of the turn lane at Moss Road as a change order to the contract with AP AC,
Inc.
FUNDING:
The funding for this project is budgeted in the current fiscal year under the Transportation
Impact Fund line code 140-65000-30086. The amount budgeted for this project is $121,585.00.
RECOMMENDATION:
It is recommended that authorization be given to approve the First Amendment Interlocal
Agreement with Seminole County for the Maintenance of the Landscaping, Irrigation, Hardscaping,
Streetlighting and Stamped Asphalt installed with the S.R. 434 Improvement project with the new
language committing an additional $106,388.18 of Transportation Impact Funds to the Project.
IMPLEMENTATION:
Funds will be transferred from the City's Transportation Impact Fund to Seminole County
thirty days upon execution of the First Amendment.
ATTACHMENTS:
1. First Amendment to the Interlocal Agreement.
COMMISSION ACTION:
FIRST AMENDMENT TO SIMINOLE COUNTY AND CITY 0F WINTER SPRINGS
INTERLOCAL AGREEMENT FOR MAINTENANCE OF LANDSCAPING, AND
HARDSCAPING, AND STREETLIGHTING (SR 434 ACCESS MANAGEMENT PROGRAM)
THIS FIRST AMENDMENT is made and entered into this______day of
________________,20___ and is to that certain Agreement made and
entered into on the 23rd day of March, 2004, between SEMINOLE COUNTY, a
political subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East First Street, Sanford, Florida
32771, hereinafter referred to as "COUNTY", and the CITY OF WINTER
SPRINGS, a Florida municipal corporation, whose address is 1126 E. State
Road 434, Winter Springs, Florida 32708, hereinafter referred to as"CITY".
W I T N E S S E T H:
WHEREAS, the CITY and COUNTY entered into the above-referenced
Agreement on March 23, 2004 for maintenance of landscaping, hardscaping,
and streetlighting for the SR 434 Access Management Program; and
WHEREAS, the parties desire to amend the Agreement so as to enable
both parties to continue to enjoy the mutual benefits it provides; and
WHEREAS, Section 23 of the Agreement provides that any amendments
shall be valid only when expressed in writing and duly signed by the
parties,
NOW, THEREFORE, in consideration of the mutual understandings and
agreements contained herein, the parties agree to amend the Agreement as
follows:
1. Section 6 of the Agreement is amended to read:
Section 6. Amendment to the 2002 Sales Tax Znterlocal; Additional
Costs.
(a) The 2002 Sales Tax Interlocal is hereby amended to authorize
the COUNTY to use up to THREE THOUSAND TWO HUNDRED AND NO /100 DOLLARS
($320,000.00) of the funds allocated by that Agreement to CITY
1
Transportation Improvements to pay for construction of the Project as
defined herein.
(b) The CITY agrees to pay to the COUNTY additional costs of the
proj ect up to the amount of ONE HUNDRED SIX THOUSAND THREE HUNDRED
EIGHTY-EIGHT AND 18/100 DOLLARS ($106,388.18).
2. Except as herein modified, all terms and conditions of the
Agreement shall remain in full force and effect for the term of the
Agreement, as originally set forth in said Agreement.
IN WITNESS THEREOF, the parties hereto have executed this
instrument for the purpose herein expressed.
ATTEST:
CITY OF WINTER SPRINGS
By:
JOHN F. BUSH
Mayor
ANDREA LORENZO, LUACES,
City Clerk
Date:
Approved as to form and
legal sufficiency.
ANTHONY A. GARGANESE
City Attorney
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
By:
CARLTON HENLEY, Chairman
Date:
For the use and reliance
of Seminole County only.
As authorized for execution
by the Board of County Commissioners
at their , 20
regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
AC/lpk
12/1/05
am to interlocal w Winter Springs-434 access management program
2
F:IRST AMENDMENT TO SEM:INOLE COUNTY AND C:ITY OF W:INTER SPR:INGS
:INTERLOCAL AGREEMENT FOR MA:INTENANCE OF LANDSCAP:ING, HARDSCAP:ING, AND
STREETL:IGHT:ING (SR 434 ACCESS MANAGEMENT PROGRAM)
TH:IS F:IRST AMENDMENT is made and entered into this
.::ru ~
/5'
day of
20 tJ(" and
is
to
that
certain Agreement
made and
entered into on the 23rd day of March, 2004, between SEM:INOLE COUNTY, a
political subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East First Street, Sanford, Florida
32771, hereinafter referred to as "COUNTY", and the C:ITY OF W:INTER
SPR:INGS, a Florida municipal corporation, whose address is 1126 E. State
Road 434, Winter Springs, Florida 32708, hereinafter referred to as
"CITY".
W :I T N E SSE T H:
WHEREAS, the CITY and COUNTY entered into the above-referenced
Agreement on March 23, 2004 for maintenance of landscaping, hardscaping,
and streetlighting for the SR 434 Access Management Program; and
WHEREAS, the parties desire to amend the Agreement so as to enable
both parties to continue to enjoy the mutual benefits it provides; and
WHEREAS, Section 23 of the Agreement provides that any amendments
shall be valid only when expressed in writing and duly signed by the
parties,
NOW, THEREFORE, in consideration of the mutual understandings and
agreements contained herein, the parties agree to amend the Agreement as
follows:
1. Section 6 of the Agreement is amended to read:
Section 6. Amendment to the 2002 Sales Tax :Interlocal; Additional
Costs.
(a) The 2002 Sales Tax Interlocal is hereby amended to authorize
the COUNTY to use up to THREE THOUSAND TWO HUNDRED AND NO/100 DOLLARS
($320,000.00) of the funds allocated by that Agreement to CITY
1
i
Transportation Improvements to pay for construction of the Project as
defined herein.
(b) The CITY agrees to pay to the COUNTY additional costs of the
project up to the amount of ONE HUNDRED SIX THOUSAND THREE HUNDRED
EIGHTY-EIGHT AND 18/100 DOLLARS ($106,388.18).
2. Except as herein modified, all terms and conditions of the
Agreement shall remain in full force and effect for the term of the
Agreement, as originally set forth in said Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument for the purpose herein expressed.
LUACES,
CITY OF WINTER SPRINGS
BY:~7~
J F. BUSH
M yor: ~
Da te, # 7; 'tJ{,
and
COUNTY COMMISSIONERS
COUNTY, F.LORIDA
~.. \ 0t<-1c
HENLE , Chairman
By:
Date:
f-({}--o ~
and
As authorized for execution
by the Boar~jff County Commissioners
at their /. Jt~~ ' 20 Op
regular meetin .
For the use and reliance
of Seminole County only.
Count
AC/lpk
12/1/05
am to interlocal w winter Springs-434 access management program
2