HomeMy WebLinkAboutSeminole County Tuskawilla Road Stamped-2001 10 16
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SEMINOLE COUNTY AND CITY OF WINTER SPRINGS
TRANSPORTATION PLAN INTERLOCAL AGREEMENT RELATING TO
FUNDING OF DESIGN THROUGH CONSTRUCTION OF CERTAIN
CITY STREETS INCLUDING CONSTRUCTION AND MAINTENANCE OF THE
TUSKAWILLA ROAD STAMPED ASPHALT PROJECT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
/c. day of /J{".b.
, 2001-, by and between SEMINOLE COUNTY, a political
subdivision of the State of F/orida, whose address is Seminole County SeNices
Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as the
"COUNTY", and the 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".
WITNESSETH:
WHEREAS, in April and May of 1991, the COUNTY entered an Interlocal
Agreement with four (4) municipalities within Seminole County (the Cities of Altamonte
Springs, Lake Mary, Sanford, and Winter Springs) which Inter/ocal Agreement is entitled
the "Seminole County Transportation Plan Inter/ocal Agreement" and relates to road
projects to be funded with loca/ government infrastructure sales surtax proceeds; and
WHEREAS, the Seminole County Transportation Plan Interlocal Agreement was
amended by the parties thereto on August 3D, 1996 (the Interlocal Agreement, as
amended, will be referred to hereinafter as the "1991 Interlocal Agreement"); and
WHEREAS, the CITY is a party to the 1991 Interlocal Agre'ement, and is bound
by the t~rms of the 1991 Interlocal Agreement by the applicable provisions of Florida
law; and
CERTIFIED COpy
MARYANNE MORSE
CLERK OF CIRCUIT COURT
SEMI~OLE COUNTY. FLORIDA
8Y~ A
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DEPUTY CLERK
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WHEREAS, certain municipal projects (hereinafter the "road improvement
projects" or "projects") are listed as road improvement projects to be accomplished with
local government infrastructure sales surtax proceeds for the CITY in the total amount
of TWO MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS
($2,800,000.00); and
WHEREAS, the CITY's road improvement projects are, pursuant to the 1991
Interlocal Agreement, to be implemented by. the CITY which implementation shall
include any and all phases and aspects of the projects from planning and design
through construction and operation; and
WHEREAS, the COUNTY and the CITY desire to cooperate with regard to
accomplishing the CITY's road improvement projects .for the benefit of the citizens of
Seminole County and Winter Springs and require a mechanism to provide funds from
the local government infrastructure sales surtax consistent with the terms of the 1991
Interlocal Agreement which are, have been, or will be on deposit with the COUNTY and
which have been or will be incrementally transferred to the CITY in order that the CITY
can effectively implement the CITY's road improvement projects; and
WHEREAS, the COUNTY and the CITY are firmly committed to the development
of transportation improvements for the benefit of their respective residents; and
WHEREAS, Phases III and IV of the Tuskawilla Road road improvement
program are projects which are important in many respects to both the COUNTY and
the CITY; and
WHEREAS, the CITY has proposed. shifting certain of the project costs planned
for the projects included within the description 'Winter Springs" in Exhibit A, page 9, of
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the 1991 Interlocal Agreement, and has determined that a described project of "Moss
Road" is no longer feasible due to higher priority needs designated by the CITY and .
. described in Exhibit "A", attached hereto; and
WHEREAS, the COUNTY has favorably evaluated a proposal which would allow
for augmentation of the Tuskawilla Road Phase III and IV road improvement projects
(hereinafter referred to as the "COUNTY project") by incorporating such CITY projects,
a "Stamped Asphalt Project" (hereinafter described), into the COUNTY project as set
forth in this Agreement; and
WHEREAS, the CITY and the COUNTY recognize the importance of conserving
road improvement funds and addressing of public impacts arising from road
construction by prudent cooperation, and have determined that it is desirable, beneficial
and advantageous for the parties and their citizens to enter this Agreement and shift
certain funding from the CITY project to the augmented COUNTY project in accordance
with the terms set forth herein; and
WHEREAS, the COUNTY and the CITY have previously entered into a similar
Agreement dated June 10, 1997, relating to construction of a wall along a portion of
Tuskawilla Road; and
WHEREAS, this Agreement provides a public benefit, furthers a public purpose,
serves the public interest and is consistent with the provisions of Chapters 125, 163 and
166, Florida Statutes, the Seminole County Home Rule Charter, the comprehensive
plans of the parties, and other applicable law,
NOW, THEREFORE, in consideration of the premises and the promises,
covenants, agreements and commitments contained herein and other good and
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valuable consideration, the receipt, adequacy and sufficiency of which are hereby
acknowledged as to both parties, the parties agree as follows relative to the funding of
the CITY's road improvement projects by the COUNTY Local Option Infrastructure
Sales Tax proceeds and the full implementation of the CITY's road improvement
projects by CITY.
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. Term. This Agreement shall become effective upon approval by
the governing bodies of the COUNTY and the CITY and shall remain in effect through
contract close out between the CITY and all of its contractors relative to the CITY's road
improvement projects.
Section 3. Financial Obligation of the COUNTY. The total financial
obligation of the COUNTY under this Agreement is that the COUNTY shall reimburse
the CITY for legitimate and documented expenses as expressed in the CITY's
contractual agreements with respective road improvement contractors or other
contractors and consultants for the CITY's road improvement projects consistent with
the terms of this Agreement up to the total sum of TWO MILLION EIGHT HUNDRED
THOUSAND AND NO/100 DOLLARS ($2,800,000.00). . Sai~ funds shall be solely and
exclusively derived from the COUNTY's infrastructure sales surtax and utilized for the
purposes of road improvements relating to the CITY's road improvement projects and
not collateral programs or projects and not programs or projects which may be
. accomplished simultaneously with or in conjunction with or as a result of the CITY's
road improvement projects; provided, however, that intersection improvements to road
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intersecting the projects may be accomplished and shall be deemed eligible for
reimbursement funding pursuant to this Agreement; provided, further, however, that this
exclusion is intended to disallow expenditures which pertain or relate to work not directly
related to the CITY's road improvement projects. In the event that the CITY is entitled
to any development commitments for or related to the CITY's road improvement
projects, its shall use such funds for right-of-way and other directly related costs for the
projects not reimbursed under this Agreement. The CITY may advance fund the CITY's
road improvement projects prior to the availability of funding on a reimbursement basis
as set forth herein and, in such event, the invoices shall be reviewed and approved by
the COUNTY's Engineering Division to determine whether the reimbursement is
consistent with the terms and conditions of this Agreement prior to the CITY making a
payment based upon an invoice. If the invoice is approved, the sum set forth in the
invoice shall be reimbursed by the COUNTY upon funds becoming available consistent
herewith subject to the maximum amount of reimbursements as set forth herein.
Section 4. Plenary Status of the CITY's Road Improvement Projects. For
all purposes the CITY's road improvement projects (all as generally described and cost
estimated in the attached Exhibit) shall be solely and exclusively projects of the CITY.
The CITY shall determine the typical sections, design standards, right-of-way limits, and
all related and similar matters for the projects consistent with Florida law and the terms
of this Agreement; provided, however, that the projects shall be consistent with the
improvement schedule set forth as an exhibit to the 1991 Interlocal Agreement
(operational, safety, drainage, etc. improvements). The parties desire to cooperate in
the successful implementation of the projects, but the COUNTY's actions pursuant to
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this Agreement and all other matters that the COUNTY may accomplish relative to the
projects shall be for the COUNTY's purposes and not the CITY's and the COUNTY shall
not be deemed a partner or co-venturer as to the projects or any portion or part of the
projects. The CITY shall implement the projects through the use of in-house or
contractual services with regard to design, permitting, value engineering, right-of-way
acquisition, construction, maintenance of access and. traffic, landscaping,. and
construction engineering and inspection as well as any and all related services and
activities in anyway associated with the projects.
Section 5. CITY's Duties. In addition to all other covenants, obligations,
duties and responsibilities set forth herein, during the course of this Agreement the
CITY shall:
(a) Provide for. any and all services necessary from design through
construction of the CITY's road improvement projects in accordance with the current
versions(s) of the Florida Department of Transportation's "Manual of Uniform Minimum
Standards For Design, Construction And Maintenance For Streets And Highways" and
the Florida Department of Transportation's "Standard Specifications For Road And
Bridge Construction", as amended and any and all other applicable provisions of law
and sound and generally accepted engineering 'standards.
(b) Award, enter, administer and supervise all design, planning, surveying,
appraising, environmental auditing and remediation, negotiation, value engineering,
right-of-way acquisition, legal activities, condemnation, permitting, .construction,
landscaping inspection, access and traffic maintenance, and any and all" construction
and project related contracts necessary in any way to accomplish the ultimate
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construction of the CITY's road improvement projects in accordance with the plans and
contract documents; provided, however, that such efforts shall be coordinated with the
COUNTY's Engineer.
(c) Review and approve all payment requests submitted for labor, materials or
services used in the implementation of the CITY's road improvement projects and
provide copies of same to ,the COUNTY within seven (7) calendar days after receipt of
same. Invoices for COUNTY reimbursement shall be submitted to the COUNTY's
Engineering Division, with a copy to the COUNTY's Comprehensive Planning Division to
the attention of the Capital Programs Analyst.
(d) Obtain any and all necessary lien waivers or releases in connection with
payment requests or disbursements.
(e) Furnish to the COUNTY a full and final accounting of all costs and
disbursements in accordance with generally accepted accounting and auditing
principles.
(f) Obtain any and all local, regional, State and Federal permits necessary for
the CITY's road improvement projects.
(g) Obtain "as built", surveys by a Florida licensed land surveyor for the
CITY's road improvement projects.
(h) Make any and all timely and proper payments of accurate and payable
valid invoices received from any and all contractors or subcontractors.
(i) Provide the COUNTY with a copy of all contracts, design plans, right-of-
way maps, construction plans and "as built" surveys on reproducible mylar material.
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implementation of this Agreement and agree to comply with the alternative dispute
resolution processes set forth in any interlocal agreement relating to said subject.
Section 8. Agreement Relating to the CITY's Projects, the COUNTY
Project, and the Stamped Asphalt Project.
(a) The CITY hereby agrees that the sum in an amount not exceeding TWO
MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($2,800,000.00),
(the "Reappropriated Sum"), which had been projected to be expended on the CITY's
projects shall be reappropriated to be expended on the COUNTY project for the
purposes of constructing Stamped Asphalt crosswalks and intersection enhancements
at the intersection of Winter Springs Boulevard and Tuskawilla Road (hereinafter the
"Stamped Asphalt Project"). The CITY further covenants and agrees:
(1) to make no claim of any type or nature whatsoever relative to said
sum against the COUNTY or any other municipality within the COUNTY; and
(2) that only. the remaining sum of the TWO MILLION EIGHT
HUNDRED THOUSAND AND NO/100 DOLLARS ($2,800,000.00) that was earmarked
for the CITY's projects will be potentially available for the Stamped Asphalt Project in
accordance with the terms of the 1991 Interlocal Agreement.
(b) The COUNTY agrees that it will use said Reappropriated Sum to
accomplish the construction of the Stamped Asphalt Project. The Stamped Asphalt
Project will, in general terms of description, include four (4) crosswalks and a circular
intersection enhancement. The CITY shall provide the COUNTY with final plans and
quantities relating to the design and construction of the Stamped Asphalt Project to the
extent practicable in accordance with the demands of the COUNTY. Upon the ultimate
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determination of the design of the Stamped Asphalt Project, the COUNTY shall advise
the CITY of such determination.
(c) If the COUNTY does not expend the total Reappropriated Sum on its
efforts for the construction of the Stamped Asphalt Project, the remaining amount of the
Reappropriated Sum will be returned to the CITY Projects identified for Winter Springs
in Exhibit "A", attached hereto.
(d) The COUNTY agrees to keep the CITY reasonably apprised of its
construction efforts as to the Stamped Asphalt Project and related matters as that
construction proceeds. The COUNTY agrees to issue a right-of-way construction permit
to the CITY with regard to the CITY's continuing obligation of maintaining the Stamped
Asphalt Project on a perpetual basis, said permit being issued subject to all standards
terms and conditions of said type of permit. Such terms and conditions shall require the
CITY and its contractors to be adequately insured to protect the COUNTY, as an
additional named insured, from liability to third parties for personal injury and property
damage.
Section 9. Force Majeure. In the event any party hereunder fails to satisfy a
requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act
of God or force majeure, then said party shall not be in default hereunder, but ~hall fulfill
such requirement as soon thereafter as may be practicable.
Section 10. Binding Effect.
(a) This Agreement shall be binding upon and inure to the benefit of the
parties hereto and the successors in interest, transferees and assigns of the parties.
This Agreement shall not be deemed to pledge the full faith and credit of the COUNTY.
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(b) The CITY shall, by means of a special assessment, perpetually be
obligated for any and all maintenance (including replacement) costs, expenses, fees
and charges, of whatsoever type or nature relating to or arising from the construction of
the Stamped Asphalt Project, the functioning of the pavers resulting from the Stamped
Asphalt Project, and the maintenance of the Stamped Asphalt Project. The CITY
intends to initiate a special assessment district to provide funding as necessary for
. payment of the obligations resulting from the Agreement.
Section 11. Assignment. Either party without the prior written approval of the
other shall not assign this Agreement. Funding by a special tax or assessment district
or unit shall not affect the CITY's continuing obligations under this Agreement.
Section 12. Public Records. The parties shall allow public access to all
documents, papers, letters or other materials which have been made or received in
conjunction with this(Agreement subject to exceptions to public records laws as set forth
in the Florida Statutes and with records retention accomplished in accordance with
Florida law.
Section 13. Records and Audits. The CITY shall maintain in its place 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 the CITY's
place of business 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.
The CITY shall allow public access to all documents, paper, letter or other materials
made or received by the CITY in conjunction this the CITY's road improvement projects.
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Section 14. Notice/Designated Contact for Approval.
(a) Whenever either party desires to give notice unto the other, notice shall be
sent to:
for the COUNTY: COUNTY Engineer
Reflections Plaza
520 West Lake Mary Boulevard
Suite 200
Sanford, FL 32773
with copies to: COUNTY Manager
Seminole County Services Building
1101 East First Street
Sanford, FL 32771
and
COUNTY Capital Programs Analyst
Seminole County Services Building
1101 East First Street
Sanford, FL 32771
for the CITY:
CITY Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
(b) Either of the parties may change, by written notice as provided herein, the
address or person for receipt of notices, or invoices. All notices will be effective upon
receipt.
Section 15. Indemnification.
(a) The CITY hereby agrees, to the maximum extent authorized by law, to
indemnify, defend and hold the COUNTY harmless from and against any and all costs,
damages, expenses, losses, claims; injuries, lawsuits and liabilities arising or resulting
from or in connection with the CITY's or its officers', employees', agents', successors' or
assigns' actions or activities relating in any way to the CITY's Projects and the Stamped
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Asphalt Project, and any and all claims and actions brought by third parties resulting
from or arising in connection with said actions. The CITY also agrees to indemnify,
defend and hold the COUNTY harmless from and against any and all costs, damages,
expenses, losses, claims, injuries, lawsuits and liabilities relating in any way to the
payment resulting from the Stamped Asphalt Project. To the extent required by law, if
specific consideration for the indemnification provided herein is required to be given by
the COUNTY to the CITY then ONE AND NO/100 DOLLARS ($1.00) of the value for the
consideration set forth in this Agreement shall be deemed to be such specific
consideration. The CITY acknowledges the adequacy and sufficiency of said specific
consideration.
(b) The CITY further acknowledges that the Stamped Asphalt Project is a joint
project of the CITY and that the CITY shall bear any and all costs in any way relating to
claims,. disputes and litigation arising or resulting from the design and construction of
the Stamped Asphalt Project and any and all matters. CITY employees shall not be
deemed COUNTY employees for any reason or purpose, and any CITY contractors
shall not be deemed COUNTY contractors for any reason or purpose.
Section 16. 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 pursuan~ 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 17. Dispute Resolution. The parties shall attempt to resolve any and
all disputes hereunder through a. collaborative and mutually acceptable informal
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process. In the event that formal dispute resolution processes become necessary, the
parties recognize that such matters will be subject to the processes and procedures set
forth in the agreement entitled "Interlocal Agreement On Mediation And
Intergovernmental Coordination," dated January 24, 1995.
Section 18. Governing Law/Attorneys' Fees. This Agreement shall be
construed and interpreted according to the laws of the Florida. In the event of litigation
between the parties arising from or pertaining to this Agreement, the prevailing party
shall be entitled to recover reasonable trial and appellate attorneys' fees and costs.
Section 19. 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 20. Constitutional and Statutory Limitation on Authority of the
COUNTY. The terms and conditions of this Agreement placed upon the COUNTY are
applicable only to the extent they are within and consistent with the constitutional and
statutory limitations on the authority of the COUNTY. Specifically, the parties
acknowledge that the COUNTY is without authority to grant or pledge a security interest
in any of the COUNTY's revenue sources or property.
Section 21. Equal Opportunity Employment. The CITY agrees that it will not
discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age or national origin and will take
affirmative steps to insure that applicants are employed and employees are treated
during employment without regard to race, color, religion, sex, age or national origin.
This provision shall include, but not be limited to, the following: employment, upgrading,
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demotion or transfer; recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship, and the
prohibition of sexual harassment.
Section 22. 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 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 23. Counterparts. This Agreement may be executed up to two (2)
counterparts, each of which, when executed and delivered, shall be an original, but both
counterparts shall together constitute one and the same instrument.
Section 24. Headings. All sections and descriptive headings in this Agreement
are inserted for convenience only, and shall not affect the construction or interpretation
hereof.
Section 25. Entire Agreement.
This Agreement constitutes the entire
agreement of the parties with respect to the subject matter hereof, and may not be
modified or amended except by the authorized signatures of both parties on a document
of equal dignity herewith.
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EXHIBIT "A"
WINTER SPRINGS
ROAD PROJECTS INCLUSION
IN THE COUNTY 1991 ONE-CENT SALES TAX PROGRAM
The following road improvements, including associated engineering
and design, drainage, and sidewalks, are eligible projects under the
COUNTY's One-Cent Sales Tax Program up to a total of TWO
MilLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS
($2,800,000.00).
PROJECT ESTIMATED FUNDING
TUSKAWILLA ROAD WALL PROJECT $ 292,000.00
Pursuant to Interlocal Agreement
Dated June 10, 1997
TUSKAWILLA ROAD $ 76,879.00
Stamped Asphalt Project
Pursuant to Section 8 to this
Interlocal Agreement
TOWN CENTER COLLECTOR $2,431,121.00
Known as the Spine Road,
. Hickory Grove Park Boulevard,
And Main Stre.et known as Tuskawilla
Road north of S. R. 434
(see attached map)
Estimated schedule:. 2001 to 2003
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TOWN CENTER
COLLECTORS
111I111I1 Call ector Roads
September 2001
ilorH-P""'l . I
o fOO 'Oil 400 BDD
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IN WITNESS WHEREOF, the parties hereto have and made and executed this
Agreement for the purposes herein stated on the date first above written.
ZO-LUACES
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e a to form and legal sufficiency.
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Date: September 10,.2001
City Attorney
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MORSE
CI to the Board of
County Commissioners of
Seminole County, Florida.
DICK VAN DER WEIDE, Chairman
Date: October 16, 2001
For the use and reliance of
Seminole County only. Ap-
proved as to form and legal
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County Attorney
As authorized for execution by the Board
of County Commissioners at its /~/1
2001, regular meeting
SPL\dre
06/21/01
P:\UsersICasI01\Agreements\Winter Springs Asphalt Interlocal.doC"
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