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HomeMy WebLinkAboutSeminole County Tuskawilla Road Stamped-2001 10 16 . { ( 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 ~-^. DEPUTY CLERK ( ( 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 2 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 3 ( ( 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 4 ( ( 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 5 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 6 ( 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. 7 8 ( 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 9 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. 10 ( ( \ (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. 11 ( 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 12 ( 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 13 ( 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, 14 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. 15 (- ( 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 II TOWN CENTER COLLECTORS 111I111I1 Call ector Roads September 2001 ilorH-P""'l . I o fOO 'Oil 400 BDD ( .' .. 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 <" . e a to form and legal sufficiency. ,If .I!/~ ~ 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 ~. 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" 16