HomeMy WebLinkAbout2003 12 08 Consent 207 Maintenance of S.R. 434 Landscaping, Hardscaping, and Streetlighting Interlocal Agreement
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COMMISSION AGENDA
ITEM
207
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
December 8, 2003
Meeting
MGR {J-/ IDEPT ;ft
Authorization
REQUEST: Public Works Department Requesting Authorization to enter into an 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 authorization to enter into an Interlocal
Agreement with Seminole County for the Maintenance of Landscaping, Irrigation,
Hardscaping, Streetlighting and Stamped Asphalt installed with the S.R. 434 Improvement
project.
CONSIDERA TIONS:
This interlocal is needed for FDOT to approve the installation of the landscaping,
hardscaping, irrigation, streetlighting, and stamped asphalt as part of the S.R. 434 Access
Management Improvement Project. The interlocal binds the City to the maintenance of these
amenities which are being installed with the project at no cost to the City. The additional
maintenance costs for landscape maintenance and electricity are projected to be approximately
$50,000 annually.
FUNDING:
No funding is required for this agreement, however, the interlocal will commit the City to
an estimated $50,000 in annual maintenance costs.
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December 8, 2003
Consent Agenda Item 207
Page 2
RECOMMENDA TION:
It is recommended that authorization be given to enter into an lnterlocal Agreement
with Seminole County for the Maintenance of the Landscaping, Irrigation, Hardscaping,
Stteetlighting and Stamped Asphalt installed with the S.R 434 Improvement project.
IMPLEMENTATION SCHEDULE:
The bids for the project will be opened December 17, 2003. The County Commission will
consider awarding the bid in January.
ATTACHMENTS:
1. Interlocal Agreement
COMMISSION ACTION:
ATTACHMENT No.1
SEMINOLE COUNTY AND CITY OF WINTER SPRINGS
INTERLOCAL AGREEMENT FOR
MAINTENANCE OF LANDSCAPING, HARDSCAPING, AND STREETLlGHTING
(SR 434 ACCESS MANAGEMENT PROGRAM)
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
day of
, 2003, 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 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, the COUNTY has entered into a Local Agency Program Agreement with the
State of Florida, Department of Transportation ("FDOT"), a copy of which is attached hereto
and incorporated herein by this reference (the "LAP Agreement"), to design and construct
access management improvements to State Road 434 from US 17-92 to State Road 419 (the
"Project"); and
WHEREAS, part of the Project involves 'coordination with the CITY regarding
landscaping in the right of way; and
WHEREAS, the landscaping, once installed, will require maintenance; and
WHEREAS, the Project also includes installation of lighting fixtures along the roadway,
which fixtures, once installed, will also require maintenance; and
WHEREAS, the Project also includes installation of hardscape features including
stamped asphalt, which improvements, once installed, will also require maintenance; and
WHEREAS, the CITY has agreed to perform the required maintenance of the
landscaping, hardscaping and lighting fixtures; 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, and other applicable law.
NOW, THEREFORE, in consideration of the premises and the promises, covenants,
agreements and commitments contained herein and other good and valuable consideration, the
receipt, adequacy and sufficiency of which are hereby acknowledged as to both parties, the
parties 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. Term. This Agreement shall become effective upon approval by the
governing bodies of the COUNTY and the CITY and shall remain in effect for an initial term of
four (4) years and thereafter until terminated in accordance with Section 7 hereof.
Section 3. COUNTY's Duties. The COUNTY's obligations under this agreement
consist of completion of the design and construction of the Project in accordance with the lAP
Agreement, FOOT requirements and the landscaping plans prepared by TEl Engineers and
Planners, Inc. and dated September 22, 2003, which by this reference are incorporated herein.
The COUNTY has no other obligations to the CITY. This agreement is not intended to create
any third party rights in the CITY regarding agreements mentioned herein to which the CITY is
not a party.
Section 4. 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, at its
expense and in accordance with Exhibit "l" of the LAP Agreement, maintain all landscaping
planted as part of the Project. CITY may use its own forces or a contractor to perform the
required landscape maintenance. In addition, the CITY shall, at its expense and in accordance
with Exhibit "RL" of the LAP Agreement, perform maintenance upon the lighting fixtures
installed as part of the Project.
Section 5. The LAP Agreement. The CITY shall, at all times, perform its services in
strict accordance with the terms and conditions of the LAP Agreement. All obligations of the
COUNTY running to FOOT under the LAP Agreement shall become obligations of the CITY to
the COUNTY under this agreement. In the event of any conflict between this agreement and
the LAP Agreement the more stringent provision shall control. For purposes of this paragraph,
more stringent means, for example and not by way of limitation, shorter time to take an action or
refrain from acting, being obligated to continue performing for a longer time, establishing a
longer time for audit or records retention, or providing greater access to records. The CITY
shall not knowingly act or fail to act if such action or failure to act would place the COUNTY in
breach of any of the terms of the LAP Agreement.
Section 6. Remedies. Each party shall have any and all remedies as permitted by
law; provided, however, that the parties agree to provide for positive dialogue and
communications if disputes or disagreements arise as to the interpretation or 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 7. Termination. Unless terminated in accordance with this Section, this
Agreement shall automatically renew on an annual basis. After the initial term, either party may
terminate this agreement upon six (6) months written notice.
Section 8. 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 shall fulfill such
requirement as soon thereafter as may be practicable.
Section 9. Binding Effect. 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.
Section 10. Assignment. The Agreement may not be assigned by either party without
the prior written approval of the other party. Funding by a special tax or assessment district or
unit shall not affect the CITY's continuing obligations under this Agreement.
Section 11. 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 12. 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 13. 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
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 14. Indemnification. 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 performance of this
Agreement, and any and all claims and actions brought by third parties resulting from or arising
in connection with said actions. Nothing herein shall be construed to waive any provision of
statutory or constitutional law regarding sovereign immunity, including but not limited to F.S.
Section 768.28.
Section 15. 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 16. Dispute Resolution. The parties shall attempt to resolve any and all
disputes hereunder through a collaborative and mutually acceptable informal 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 17. 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 18. 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 19. 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 20. Counterparts. This Agreement may be executed in multiple counterparts,
each of which, when executed and delivered, shall be an original, but all counterparts shall
together constitute one and the same instrument.
Section 21. Headings. All sections and descriptive headings in this Agreement are
inserted for convenience only, and shall not affect the construction or interpretation hereof.
Section 22. 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.
IN WITNESS WHEREOF, the parties hereto have and made and executed this
Agreement for the purposes herein stated on the date first above written.
ATTEST:
CITY OF WINTER SPRINGS
By:
JOHN F. BUSH, MAYOR
ANDREA LORENZO-LUACES
City Clerk
Approved as to form and legal sufficiency.
Date:
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:
DARYL G. MCLAIN, Chairman
Date:
For the use and reliance of
County only. Approved
as to form and legal
sufficiency.
As authorized for execution by the Board Seminole
of County Commissioners at its
2004, regular meeting
County Attorney
SPL/la
12/2/03
Attachment
Exhibit A LAP Agreement
P:\USERS\CASLOl\AGREEMENTS\W1NfER SPRINGS LANDSCAPE MAINTENANCE INTERLOCAL4C
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FORM S2$-01G-40
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State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
..
FPN: 404676-1-58-01 Fund: DDR FLAIR Approp:
Federal No: Org Code: 55054010508 FLAIR Obj:
FPN: 407160-1-58-01 Fund: XU FLAIR Approp:
Federal No: 8888-757-A Org Code: 55054010508 FLAIR Obj:
County No: 77 Contract No: . A-IJ 6 () b Vendor No:
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this ..a () ~ day of m~ ,Ol_o-tJ3 by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter
called the Department, and SEMINOLE COUNTY. 520 West Lake Mary Boulevard. Suite 200. Sanford. Florida 32773-7424
hereinafter called the Agency.
088717
563007
088797
.563009
F 596-000-856-065
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and
the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the
implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes,
to enter into this Agreement;
1 .
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:.
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the
construction of SR 434 access manaaement and resurfacina in Winter Sprinas and as further described in Exhibit "A" attached
hereto and by this reference made a part he~eof, hereinafter called the project, and to provide Departmental financial
assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the
understandings as to the manner in which the project will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) "A" "B," "RL." and "L" are attached hereto and by this reference made a part
hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence and complete the project as described in Exhibit "A" with all
practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aaencv ProQram Manual, which by this reference is made a
part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with
the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2004. If the Agency
does not complete the" project within this time period, this Agreement will expire on the last day of scheduled completion as
provided in this paragraph unless an extension of the time period is requested by the Agency and granted .in writing by. the
Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the proJect.
The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice or other
proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement o~ t~ ~~dertake
the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, ~h.e Agency will Initiate and
consummate, as provided by law, all actions necessary with respect to any such matters so requIsite.
EXHIBIT A
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2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to !,:,able the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts and Other Documents: The Age~y shall submit to the Department such
data, reports,. records, contracts, and other documents relating to the project as the Department and the Federal Highway
Administration may require.
3'.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 3.824.000.00. This amount is based upon the schedule of funding
in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of
the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as
provided for in 4.00. .
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the .
extent provided in Exhibit "B." This amount includes Federal-aid funds that are limited to the actual amount of Federal-aid
participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of
this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
~_)_ARproval of all plans, specifications, contracts or other obligating documents and all other tenns of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval
from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding
levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency in writing when funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than
one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written,ri1ade in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and
which have a term for a period of more than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice-to-Proceed from
the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is notincurred in con.formity
with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and proce~ures preSCribed by
the Division Administrator of the Federal Highway Administration (FHW A). Federal funps shall not be paid on ~ccou~t of any
cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part thereof Involv~ng s~ch
cost (23 CFR 1.9 (a)). If FHW A or the Department determines that any amount claimed is not eligible, Federal participation
J'
FORM 52S-01G-40
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may be approved in the amount determined to be adequately supported; the Department shall notify the Agency in writing citing
the ~e~sons why items and amounts are not eligible for Federal participation. Where correctable non-compliance with
provIsions of law or FHW A requirements exists, Federal funds may be withheld until compliance is obtained. Where non-
compliance is not correctable, FHW A or the Department may deny participation in parcel or project costs in part,pr in total.
For any amounts determined to be ineligible for Federal reimbursemen"t for which the Department has advanced payment, the
Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding,
shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry
out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between
the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Compb'oller and to
the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund
participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement
shall be maintained and made available upon r.equest to the Department at all times during the period of this Agreement and for
5 years after final payment is made. Copies of these documents and records shall be furnished to the Department upon
request. Records of costs incurred includes the Agency's general accounting records and the project records, together with
supporting docu,ments and records, of the Agency and all subcontractors performing work on the project and all other records
of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim.
or audit is started before the expiration of .the 5-year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in
excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the
Department shall not be considered eligible costs. .
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the
Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in
proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number
and year, and name ofthe awarding Federal agency. State awards will be identified using the Catalog of State" Financial
Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or
program-specific audit conducted in accordance with the United States Office of Management and Budget (OMS) Circular
A-133.
If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the
OMB Circular A-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal year and
elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-Federal
funds.
Reporting packages and management letters generated from audits conducted in accordance with OMS Ci~cular.A-133 shall
be submitted to the awarding Department office by the recipient within 30 days of receiving it. The ~f~re~entloned Items are to
be received by the appropriate Department office no later than 9 months after the end of the reCipient 5 fiscal year.
The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Sched.ule o! Prior Y~ar
Audit Findings, including corrective action and current status of the audit finding is required. Current year audit findings require
corrective action and status of finding. .
FORM S2S-O 1G-40
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Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is
resolved. Access to project records and audit work papers shall be given to the Department, the Comptroller, and the Office of
the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMS Circular A.133 shall be
sent to:'
Federal Audit Clearinghouse
Bureau of the Census
1201 East Tenth Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the FHW A to inspect all work, workmanship, materials, payrolls, records and to audit
the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public ac~ess to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Florida Statutes, and made or'received in conjunction with this Agreement (Section 287.058(1 )(c), Florida
. Statutes).
,
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-of-
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a Federal fiscal year basis, from October 1 through September 30. The
report must be prepared using the format prescribed in 49 CFR 24, Appendix B, and be submitted to the Department no later
than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida
Statutes ).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes, and Chapter
3 -"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1 )(b), Florida
. Statutes).
If after project completion any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or service.s done under any
agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60
days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the
Department.
7.00 The Department's Obligatio~s: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of
the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment if: .
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application or any
supplement thereto or amendment thereof or in or with respect to any document or data fumished therewith or pursuant hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
. obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the proje~ wh.ich un~erthis A~reement
requires the approval of the Department or has made related expenditure or incurred related obligations Without haVing been
advised by the Department that same are approved; .
FORM SZS-01O-4Q
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7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7 ;06 Federal Participation: The Department may suspend or terminate payment for that portion of the project that the FHW A
or the Department acting in lieu of the FHWA. may designate as ineligible for Federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by
the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the
Agreement. costs which are not provided for in the latest approved schedule of funding for the project. and costs attributable to
goods or services received under a contract or other arrangements which have not been approved in writing by the
Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period will not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency. suspend anyorall of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department
requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of
(a) immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency with a
requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of
such time. Suspension of the contract will not affect the time period for completion of the Agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Agency. the
Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the
stage of work at which the Agreement is terminated.
If the Agreement is terminated before performance is completed. the Agency shall be paid for the work satisfactorily performed.
Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any
or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and
such other action as may be required or desirable to keep to the minimum the costs. upon the basis of which the financing is to .
be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are
otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the
failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of Federal financial
participation in the project shall not constitute a waiver of any claim that the Department may otherwise have arising out of this
Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute ~ny
contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction
contracts or amendments thereto, with any third party with respect to the project without the written approval of the Dep~ent.
Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically
reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same. .
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties h~reto that
participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering,
FORM SlS..()IO-o4O
CONSTRUCTION
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Page 6 006
architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida
Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department
in the Consultant Selection Process for all projects. In all cases, the Agency's attomey shall certify to the Department that
selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Polley: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this
Agreement. The DBE requirements of applicable Federal and State regulations apply to this Agreement.
10.02 DBE Obligation: The Agencyand its contractors agree to ensure that DBE's as defined in applicable Federal and State
regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients
and contractors shall take all necessary and reasonable steps in accordance with applicable Federal and State regulations to
ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of Department-assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part
of this project, the Agency must comply with applicable Federal and State regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility. and Voluntary Exclusion (Applicable to All
Federal-aid Contracts - 49 CFR 29):
\
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation hi this
covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the Department's determination whether to enter into this
transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such the Agency from
participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification,
in addition to other remedies available, Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction,"
"debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of
those regulations.
The Agency further agrees by submitting this Agreement that it shall not knowingly enter into any contracts with a person who is
debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction unless authorized
by the Department.
The Agency further agrees by submitting this Agreement that it will' include the clause titled "Certification Regarding Deba~ent.
Suspension. Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction" provided by the Department, Without
modification. in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended. ine\igi~le
or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. The Agency may.declde
the method and frequency by which it determiries the eligibility of its sub-contractors. The Agency may, but is not reqUired to;
check the nonprocurem~nt portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement programs
(Nonprocurement list) that is compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in g~
faith the certification required by this clause. The knowledge arid information of the Agency is not required to exceed that which
is normally processed by a prudent person in the ordinary course of business dealings.
FORM S25-01O-4O
CONS'I1WCT10N
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"70f16
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred
ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department
may terminate this transaction for cause or default.
..
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal
department or agency.
Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate
against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital
status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, age, religion, color, gender, national origin, disability or marital status.' Such action
shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in
all its contracts i{l connection with the development of operation of the project, except contracts for the standard commercial
supplies or raw'materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and
applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
12.02 Title VI _ Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act
of 1964, 49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the
ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes. for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to
provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact
business with any public entity.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the project or any property included or planned to be included in the p!Oject in
which any member, officer or employee of the Agency or the locality during his tenure or for 2 years thereafter has an~ Ulterest,
direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired pn~r to ~he
beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior
FORM S25-0IO-4O
CONSTRUCTION
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Page 8 0"16
approval of the Department may waive the prohibition contained in this subsection, provided that any such present member,
officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or
arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be
included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter .
shall have any interest, direct or indirect, in this contract or the proceeds thereof." .
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories or to
any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States
shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations:. The Agency will be solely responsible for compliance with all applicable environmental
regulations and for any liability arising from non~compliance with these regulations and will reimburse the Department for any
loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits.
13.02 Departm~nt Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency. .
13.03 When Rights and Remedies Not Waived: In no event shall the making by the D.epartment of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or anidefault which may then
exist on the part of the Agency and the making of such payment by the Department, while any such breach or .default shall
exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected. hi such an instance, the remainder would then continue to conform to the
terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid, and also agrees not
to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compiiance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable State law, provided that if any of the
provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order
that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project. .
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless
the Department and all its officers, agents, and employees from any claim,loss, damage, cost, charge or expense arising out of
any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the
Agreement except that neither the Agency. its officers, agents or its employees will be liable under this paragraph for any claim,
loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its
officers, agents or employees during the performance of the Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any similar
. provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency an~ the
Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options
in defending the claim. After reviewing the claim, the Department will determine whether to require the parti?ipa~iOn of.the
Agency in the defense of the claim or to require the Agency defend the Department in such claim as descnbed tn thiS section.
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
FORM S2S.4 IC).40
CONS'TJlUCTtON
OGC - 11102
"'9of16
particip~tion in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial
that party is responsible for all expenses at trial. '
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State
Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the
project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved
portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After
resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency
written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of
nonpayment by the Department. .
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable Federal and State requirements. Certification is required prior to advertisement for or solicitation
of bids for construction of the project, including those projects for which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and
that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.
\
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of
which so executed shall be deemed to .be an original, and such counterparts together shall constitute one in the same
instrument. .
13.13 Restrictions on Lobbying:
Federal: . The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan. the entering into of any coaperative
.agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
If any funds other than Federallyappropriated funds have been paid by the Agency to. any person for influencing o.r attempting
to. influence an officer ar employee af any Federal agency, a Member of.Congress, an officer or employee of Congress or an
employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this sectian be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State system constructed under this Agreement
and to. the extent provided in Exhibits uRL" and "L." If the Agency constructs any improvement on Department right-of-way, the
Agency (will) (wi>>-f\et) maintain the improvements made for their useful life.
. 13.15 Vendors Rights: Vendars (in this document identified as Agency) providing goods and services to. the Department
shauld be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and apprave the
go.ads and services unless the bid specificatians, purchase arder ar cantract specifies otherwise. The Department has 20 days
to deliver a request for payment (vo.ucher) to. the Department of Banking and Finance. The 20 days are measured fram the
latter of the date the invoice is received or the goods or services are received, inspected, and appraved. '.
If a payment is not available within 40 days after receipt af the invoice and receipt, inspection, and appraval of goods a~d
services. a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, In
FORM 525.0'11)-40
CONSTRUCTION
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. PIp IOofl6
addition to the invoice. amount to the Agency. Interest penalties of less than $1 will not be enforced unless the Agency requests
- payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-41 0-9724 or by calling the State Comptroller's Hotline, 1-800-
848-3792. .
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
MENT OF TRANSPORTATION
As to form:
~
Attorftey
By:
Name: Rise' K. Wa
Title: Director of Administration, District 5
Attest: ~~"'v\\'" \)~ ~ &~ : 'Sl.
Titl . Administrative Assistant
As to form:
:(2) n If
~(L-~/ L
District Attorhey .
See attached Encumbrance Form for date of funding approval by Comptroller.
FORM 525-010-40
CONSTRUCTION
OGC - 02101
Pagel1 of 16
FPN 404676-1-58-01,407160-1-58-01
EXHIBIT "A"
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and SEMINOLE COUNTY, Public Works Deoartment, 520 West Lake Mary Boulevard. Suite 200. Sanford
Florida 32773-7424. .
Dated
to /30/03
PROJECT LOCATION
City of Winter Springs, Seminole County
The project is not on the National Highway System.
The project is on the State Highway System.
PROJECT DESCRIPTION
1. Construction of arterial access management to include landscaping on SR 434 from US 17/92 to SR 419 within the City of
Winter Springs, a distance of approximately 2.24 miles (FM 404676-1-58-01).
2. Roadway resurfacing on SR 434 from approximately 150 feet ~ast of US 17/92 to SR 419, a distance of approximately 2.34
miles (FM 407160-1-58-01).
SPECIAL CONSIDERATION BY AGENCY
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's
contract number, the FPN, the Federal identification number, where applicable, the amount of State funding action (receipt and
disbursement of funds), any Federal or local funding action, and the funding action from any other source with respect to the
project.
SPECIAL CONSIDERATION BY DEPARTMENT
The Department agrees to reimburse the Agency for its actual direct costs (limited to the Agency's direct payments to its
contractor(s), consultant(s), and purchase of Department-approved materials and equipment), excluding Agency overhead, in
accordance with Section 339.12. Florida Statutes, and subject to legislative approval and appropriation in the amount specified
in the Department's Work Program for Fiscal Year 02103 and according to the approved funding in the Department's Work
Program.
The Construction Phases are funded in the Department's Work Program for Fiscal Year 02/03 as follows:
FM No. 404676-1-58-01 $ 2,320,000.00
FM No. 407160-1-58-01 $ 1,504,000.00
All intersections within the Congestion Management Project (FM No. 404676-1) limits shall have mast arms consistent with the
City of Winter Springs' approved design standard for the corridor. These mast arms will be equivalent to VISCO (V1-B21- TS/F)
mast arms. They are not the standard FOOT mast arms. .
Costs associated with the mast arms, signal boxes, and turn lanes required by the developer for Eckerd Drugs at the S~ ~~ &
SR 419 intersection are not eligible for reimbursement through this Agreement. These improvements are the responsibility of
the City of Winter Springs under a separate contract with the developer.
TRAFFIC SIGNAL MAINTENANCE RESPONSIBILITIES
The responsibility for maintenance, repair, and operation of the traffic signal(s) to be constructed pursuant to this Loc:al Agency
Program Agreement shall be governed and c.ontrolled by the terms and conditions of the existing Traffi~ 5igna~ Maintenance
Agreement that is in place between the Department and the Agency, and as it may be amended from time to bme~
FORt.l525-01Q.40 .
CONSTRUCTION
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Page12 of 18
AGENCY NAME & BILLING ADDRESS FPN
STATE Of' FLORDA DePARTMENT Of' TRANSPORTATION
SEMINOLE COUNTY LOCAL AGENCY PROGRAM 404676-1-58-01
Public Works Department AGREEMENT 407160-1-58-01
520 West Lake Mary Blvd., Suite 200 EXHIBIT "B"
Sanford, Florida 32773-7424 SCHEDULE OF FUNDING
PROJECT DESCRIPTION
Name . SR 434 Access Manaaement and Roadway Resurfacina in Winter Sorinas
Length 2.34 Miles
Termini From -150 Feet East of US 17/92 to SR 419
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAl.. FUNDS
P.E. 2002-2003
2003-2004
20~-2005
Total PE Cost
Right-of-Way 2002-2003
2003-2004
2004-2005
Total Riaht-of-Way Cost
Construction 2002-2003 $ 3 824.000.00 . $ 3.824.000.00 .
2003-2004
2004-2005
2005-2006
Total Contract Costs $ 3,824,000.00 . . $ 3;824,000.00 .
Construction Engineering and Inspection
2002-2003
2003-2004
2004-2005
Total Construction Engineering
Total Construction Cost $ 3 824 000.00 . $ 3,824 000.00 .
TOTAL COST OF THE PROJECT S 3,824,000.00' $ 3,824 000.00 ·
* Total Project Funds = $2,320,000.00 for Access Management (FM 404676-1-58-01)
$1,504,000.00 for Resurfacing (FM 407160-1-58-01)
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the
1 sl of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
FORM 525-010-40
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Page13 of 16
EXHIBIT uRL"
Roadway Lighting Maintenance Agreement
1. a. The Agency shall, at its sole cost and expense, maintain the existing or about to be installed Roadway Lighting
System throughout its expected useful life unless and until this Exhibit is superceded by a State Highway Maintenance
and Compensation Agreement.
b. In maintaining the Roadway Light,ing System, the Agency shall perform all activities necessary to keep the Roadway
Lighting System fully and properly functioning, with a minimum of 90% lights burning for any lighting type (ex. high
mast, standard, underdeck, sign) or roadway system at all times for their normal expected useful life in accordance
. with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or
acts of nature. Said maintenance shall include, but shall not be limited to, providing electrical power and paying all
charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance,
replacement of any component parts of the Facilities (including the poles and any and all other component parts
installed as part of the Facilities), and the locating (both vertically and horizontally) of the Facilities as may be
necessary.
c: All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices; and
(2) All other applicable local, State or Federal laws,' rules, resolutions or ordinances and Department procedures.
2. Record Keeping
The Agency shall keep records of all activities performed pursuant to this Exhibit. The records shall be kept in such
format as is approved by.the Department.
3. Default
In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are
otherwise provided for in this Agreement, the Department may exercise one or. more of the following options, provided
that at no time shall the Department be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by the Department or the public.
b. Pursue any other remedies legally av~ilable.
c. As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek
reimbursement for the cost thereof from the Agency if the Agency fails to cure the non-performance within 14
calendar days after written notice from the Department; however, that advance notice and cure shall not be
preconditions in the event of an emergency.
4. Force Majeure
Neither the Agency nor the Department shall be liable to the other for any failure to perform under this Exhibit to the
extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the
control of the non-performing party and which could not have been avoided or overcome by the exercise of due
diligence, provided that the party claiming the excuse from performance has: .
a. Promptly notified the other party of the occurrence and its estimate duration,
b. Promptly remedied or mitigated the effect of the occurrence to the extent possible, and
c. Resumed performance as soon as possible.
FORM 52s.:o10-40
CONSTRUCT1ON
OGe -02101
Page14 of 16
EXHIBIT "RL," Continued
..
Roadway Lighting Maintenance Agreement
5. Miscellaneous
a. The parties understand and agree that the Department has manuals and written policies and prOCedures which
shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the
Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent
that such a joint agreement exists, this Exhibit shall not apply to facilities covered by the joint agreement. Copies
of Department manuals. policies. and procedures will be provided to the Agency upon request.
b. Time is of the essence in the performance of all obligations under this Exhibit.
FORM 52~1 0-40
CONSTRUCTION
OGe - 02101
Page15 of 16
EXHIBIT ilL"
.. Landscape Maintenance Agreement
Article 13.14 is expanded by the following:
The Department and the Agency agree as follows:
1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 hereof the
Agency shall at all times maintain the project in a reasonable manner and with due care in accordance with all
applicable Department guidelines, standards, and procedures ("Project Standards.). Specifically, the Agency
agrees to:
a. Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects;
b. Properly mulch plant beds;
c. Keep the premises free of weeds;
d. Mow and/or cut the grass to the proper length;
\
e. Properly prune all plants which responsibility includes removing dead or diseased parts of plants, or pruning
such parts thereof which present a visual hazard for those using the roadway; and
f. Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below
original "Project Standards."
The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below"Project
Standards. caused by the Agency's failure to maintain the same in accordance with the provisions of this
paragraph. In the event any part or parts of the project, including plants, have to be removed and replaced for
whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the
original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway.
2. Maintenance of the project shall be subject to periodiC inspections by the ITepartment. In the event that any of the
aforementioned responsibilities are not carried out or are otherwise determined by the Department to be not in
conformance with the applicable project standards, the Department, in addition to its right of termination under
paragraph 4a, may at its option perform any necessary maintenance without need of any prior notice and charge
the cost thereof to the Agency.
3. It is understood between the parties hereto that any or all of the project may be removed, relocated or adjusted at
any time in the future as determined to be necessary by the Department in order that the adjacent State road be
widened, altered or otherwise changed to meet with the future criteria or planning of the Department The Agency
shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all
or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60-day
removal period, the Department will become the owner of the unremoved portion of the project, and the Department
then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost
incurred for the removal of the project.
4. This Agreement may be terminated under anyone of the following conditions:
a. By the Department, if the Agency fails to perform its duties under this Agreement following 15 days' written
notice.
b. By either party following 60 calendar days' written notice~
FORM 525-010-40
CONSTRUCTION
OGC ~ 02101
Page16 of 16
EXHIBIT "L," Continued
Landscape Maintenance ~greement
5. In the event this Agreement is terminated in accordance with paragraph 4, the Agency shall have 60 days after the
date upon which this Agreement is effectively terminated to remove all or part of the remaining project at its own
cost and expense. The Agency will own that part of the project it removed. After the 60-day removal period portion
of the project, the Department then may take any action with the project highway or all or part of the project it
deems best, with the Agency being responsible for any removal costs incurred.
6. . This Agreement embodies the entire agreement and understanding between the parties hereto, and there are no
other agreements or understandings, oral or written I with reference to the subject matter hereof that are not merged
herein and superseded hereby.
7. This Agreement may not be assigned or transferred by the Agency in whole or in part without consent of the
Department. .
8. This Agreement shall be governed,by and construed in accordance with the laws of the State of Florida.
9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage
prepaid, registered or certified with return receipt requested, or by telex or telegram:
a. If to the Department, addressed to:
James Wood
Maintenance Engineer
Orlando Metro-North
2400 Camp Road
Oviedo, Florida 32765-9417
or at such other address as the Department may from time to designate by written notice to the Local Agency;
and
b. If to the Local Agency, addressed to:
Brett W. Blackadar, P.E.
Principal Engineer
Seminole County Engineering
520 W. Lake Mary Blvd., Suite 200
Sanford, Florida 32773
or at such other address as the Agency may from time to time designate by written notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and
other instruments.
'.
,.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
.FUNDS APPROVAL
..
Contract #ANE06 Contract Type: AH
Vendor Name: SEMINOLE CNTY PUBLIC WORKS/
Vendor ID: VF596000856065
Beginning date of this Agmt: 10/23/03
Ending date of this Agmt: 12/31/04
Method of Procurement: G
************************************************************************
Description: Construction of SR 434 access management and resurfacing in
Winter Springs
************************************************************************
ORG-CODE *EO
( FI SCAL YEAR)
Ai1ENDMENT 10
*OBJECT '*AMOUNT
*BUDGET ENTITY
*SEQ. *USER ASSIGNED
*FIN PROJECT *FCT
*CATEGORY/CAT YEAR
10 *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL
Funds have been: APPROVED
55 054010508 *HC
2004
0001
*563007 *
*55100100
*00 *
2320000.00 *40467615801
*088717/04
*0001/04
*215
------------------------------------------------------------------------
Action: ORIGINAL
Funds have been: APPROVED
55 054010508 *HC
2004
0001
*563009 -;.
*55100100
*01 *
1504000.00 *40716015801
*088797/04
*0002/04
*215
------------------------------------------------------------------------
TOTAL AMOUNT:
*$
3,824,000.00 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 10/17/2003