HomeMy WebLinkAboutSeminole County Interlocal Sidewalks on Dyson Drive 2006 12 13
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF WINTER SPRINGS AND SEMINOLE COUNTY PROVIDING FOR
THE FUNDING, DESIGN AND CONSTRUCTION OF SIDEWALKS ON DYSON DRIVE,
NORTHERN WAY AND SHETLAND AVENUE
THIS INTERLOCAL AGREEMENT, hereinafter referred to as the
"AGREEMENT", is made and entered into this
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day of]) e c. 2006,
by and 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
the "COUNTY" and CITY OF WINTER SPRINGS,
a Florida municipal
corporation, whose address is 1126 East State Road 434, Winter
Springs, Florida 32708, hereinafter referred to as the "CITY".
WHEREAS, the COUNTY and the CITY desire that sidewalks be
constructed to allow for safe pedestrian traffic on three streets
located within the CITY limits:
Dyson Drive, Northern Way, and
Shetland Avenue; and
WHEREAS, the Sidewalks are a cooperative funding effort between
the CITY and the COUNTY.
The Sidewalks will consist of a total of
approximately 17,550 lineal feet of 5 foot wide paved surface within
the city limits of the City of Winter Springs; and
WHEREAS, the Sidewalks will allow for people to have a safe area
for pedestrian travel; and
WHEREAS, the COUNTY and the CITY realize the benefit of sidewalks
to the community; and
WHEREAS, this Agreement provides a public benefit, furthers a
public purpose, serves the public interest and is consistent with the
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provisions of Chapters 125, 163 and 166, Florida Statutes, and other
applicable law.
WHEREAS, the COUNTY and the CITY desire to enter into an
interlocal agreement to facilitate funding, design, construction, and
maintenance of the Sidewalks; and
WHEREAS, the parties desire that the CITY shall be responsible
for procuring the design and engineering construction plans, for the
construction, and thereafter, for the operation and maintenance of the
sidewalks; and
WHEREAS, the parties desire that the COUNTY shall provide the
CITY funding for all costs of said design and engineering construction
plans and construction of the Sidewalks up to a maximum total of ONE
MILLION AND NO/lOa DOLLARS; ($1,000,000.00)
NOW, THEREFORE, the COUNTY and the CITY, for and in consideration
of the mutual covenants, obligations, and responsibilities cited
herein, do hereby covenant; and agree as follows:
SECTION 1. RECITALS. The foregoing recitals are true and correct
and form a material part of this Agreement upon which the parties have
relied.
SECTION 2. PROJECT.
The project consists of the following three
(3) components:
a)
Dyson Drive Sidewalk Project: Approximately 11,000
feet of five (5) foot wide sidewalk, and traffic
islands, extending from Howell Creek to Shetland
within the CITY.
lineal
calming
Avenue,
b)
Northern Way Sidewalk Project: Approximately 2,800
feet of five (5) foot wide sidewalk, extending from
Creek Drive to Shetland Avenue, and approximately 1,250
feet of five (5) foot wide sidewalk along Northern Way
Fairway Oaks subdivision.
lineal
Howell
lineal
at the
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c) Shetland Avenue Sidewalk proj ect: Approximately 2500 lineal
feet of five (5) foot wide sidewalk, extending from Citrus
Road to Northern Way.
SECTION 3. FUNDING.
The COUNTY agrees to provide funding to the
CITY for design, engineering construction plans, and construction of.
the Sidewalks, said funding to be dependent upon, and not exceed, the
amount of the lowest bid submitted in accord with Section 2, above.
The amount of funding as to any, or all, projects may be increased at
COUNTY'S sole discretion.
SECTION 4. PLAN PREPARATION.
The CITY shall be responsible for
managing and directing the preparation of the design and engineering
construction plans for each Sidewalk, including the preparation and
submi ttal of the application for all required permits and approvals
therefore.
CITY must use existing COUNTY consultants for all plan
preparation.
The CITY will submit the final plans to the COUNTY
within fifteen (15) days of completion for further COUNTY review. The
COUNTY will have thirty (30) days from the date of receipt of those
plans to review the plans and to provide the CITY with written
notification of acceptance ("Plan Acceptance Notification").
Failure
to provide written notification wi thin thirty
(30)
days will
constitute acceptance of the final plan.
SECTION 5. CONSTRUCTION.
(a) As soon as possible after receipt of each Plan Acceptance
Notification,
the
CITY
shall
engage
a
contractor
and
cause
construction of the Sidewalk (s) in accordance with the construction
plans and permits.
The CITY will utilize CC 1262 or general open bid
procedures to select and award the construction contract (s) to the
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lowest bidder. Wi thin ten (10) business days of selection of the
lowest bidder, the CITY shall submit the bid selected to the COUNTY
for payment. The COUNTY shall remit payment for the bid amount to the
CITY within thirty (30) days of receipt of the bid selected from the
CITY. Substantial changes and deviations from the approved
construction plans, or any deviations from County design standards,
need to be approved by the COUNTY. Construction shall be performed in
a lien free manner, including the prompt bonding and removal of any
liens or claims of liens that create any encumbrance over all or any
portion of the Sidewalk(s).
(b) The COUNTY shall have the right to reimbursement from the
CITY in the case that construction is not performed in substantial
conformity with the approved construction plans. Written notice shall
be provided to the CITY identifying the deficient construction. If
the deficiency is not corrected the COUNTY has the right to exact
payment of the item from the total funding.
SECTION 6. OPERATION AND MAINTENANCE.
Upon completion of
construction of the Sidewalks, the CITY shall be responsible for the
day to day operations, all maintenance, and repair of the Sidewalks.
All maintenance and repair of the Sidewalks includes both the ground
maintenance and the structural integrity in a manner consistent with
the CITY'S maintenance of its sidewalks.
SECTION 7. PAYMENT DISPUTES.
In the event a dispute occurs
between the parties concerning any portion of the plan as provided
herein, then the parties shall, at the option of either party, submit
the same to non-binding mediation. This option to pursue mediation of
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a dispute shall not be deemed to affect, limit, or restrict the CITY'S
legal right to pursue payment of any disputed invoice or invoices
directly through the courts.
SECTION 8. RECORDS AND AUDITS.
The parties shall each maintain
in their respective places of business any and all books, documents,
papers and other evidence pertaining to work performed pursuant to
this Agreement. Such records shall be available at all reasonable
times during the term of this Agreement and for so long as such
records are maintained thereafter.
Records shall be maintained in
accordance with Florida law and generally accepted accounting and
auditing principles. Each party shall allow public access to all
documents, paper, letter or other materials made or received in
conjunction with this project.
SECTION 9. CONFLICT OF INTEREST.
The COUNTY and the CITY agree
that neither will engage in any action that would create a conflict of
interest in the performance of its obligations pursuant to this
Agreement, nor violate or cause others to violate the provisions of
Part III, Chapter 112, Florida Statutes, relating to ethics in
government.
SECTION 10. CONSTRUCTION OF AGREEMENT.
This Agreement shall not
be constructed more strictly against one party as the draftsman,
because both the COUNTY and the CITY have contributed materially to
the preparation hereof.
SECTION 11. COMPLIANCE WITH LAWS AND REGULATIONS.
In providing
all services pursuant to this Agreement, the parties shall abide by
all statutes, ordinances, rules, and regulations pertaining to, or
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regulating the provisions of, such services, including those now in
effect and hereafter adopted.
Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach
of this Agreement, and shall entitle the non-violating party to
terminate this Agreement immediately upon delivery of written notice
of termination to the violating party.
SECTION 12. NOTICE. Any notice delivered with respect to this
AGREEMENT shall be in writing and be deemed to be delivered (whether
or not actually received) when (i) hand delivered to the person (s)
hereinafter designated, or (ii) upon deposit of such notice in the
Uni ted States Mail, postage prepaid, certified mail, return-receipt
requested, addressed to the person at the address set forth opposite
the party's name below, or such other address or to such other person
as the party shall have specified by written notice to the other party
delivered in accordance herewith:
As to Seminole County:
Jerry McCollum, P.E. County Engineer
Seminole County Engineering
520 West Lake Mary Blvd., Suite 200
Sanford, Florida 32773
Email: JMcCollum@seminolecountyfl.gov
As to City of Winter Springs:
Brian Fields, City Engineer
1126 East State Rd. 434
Winter Springs, 32708
Email: BFields@winterspringsfl.org
SECTION 13. INTEGRATION/ENTIRE AGREEMENT. This Agreement shall
constitute the entire agreement between the parties on this subject.
The parties agree that there may be additional subsequent agreements
on the issues set forth herein.
SECTION 14. SEVERABILITY. If any section or portion of this
Agreement is determined to be unlawful by a competent court of law,
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such determination shall not affect the remaining terms and conditions
of the Agreement.
SECTION 15. COUNTY LIABILITY.
The parties acknowledge and agree
that the primary function of this agreement is to provide COUNTY funds
to the CITY. The COUNTY's review and approval of the plans is not
intended to be a detailed design review and is only intended to
provide assurance to the COUNTY (and no other person or entity) that
the money provided to the CITY will be used for Sidewalk purposes.
Furthermore, the COUNTY is not responsible for actual construction
activities or the maintenance of the facilities once constructed. The
COUNTY's ability to withhold funds during construction is only
intended to assure the COUNTY (and no other person or entity) that the
money is being spent for construction of the Sidewalks. Under no
circumstance may any provision or section herein be construed to in
any way waive the COUNTY's sovereign immunity under Section 768.28,
Florida Statutes.
SECTION 16. TERM. The term of this Agreement shall be for three
(3) years from the date of execution, unless extended by the COUNTY.
SECTION 17. FILING OF AGREEMENT. It is agreed that this
Agreement shall be filed by the CITY with the Clerk of the Circuit
Court of Seminole County, Florida, all in accordance with the
Interlocal Agreement Act, and that this Agreement shall not become
effective until the CITY has so filed the Agreement.
SIGNATURE BLOCK BEGINS ON PAGE 8
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IN WITNESS WHEREOF, the parties hereto have set their hands and
seals this day, month and year below written.
i"
CITY OF
}"RINGS
By: _ __
Clerk ~ JOHN Hi BUSH, May-of".
Date: August 2, 2006
lor the use and reliance of
of Winter Springs only. Ap-
proved 0 form and legal
Suff'c'enc .
As authorized for execution by the City
Commission at its July 24 , 2006
regular meeting.
City Attorney
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
BY:~~~
Date:
/,).. -1:3-l-"~
For the use and reliance
of Seminole County only.
As authorized for execution by the Board
of County Commissioners at its J)e.c... 1.1-.. ,
2006, regular meeting
Approved as to form and
legal sufficiency.
.
~[.~
County Attorney
If- , -Of:,
GT/dre
6/28/06
P:\USERS\GTAYLOR\AGREEMENTS\WINTER SPRINGS (SIDEWALK) INTERLOCAL AGREEMENT. DOC
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