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HomeMy WebLinkAbout1996 10 28 Regular Item C :.. r " ,.. COMMISSION AGENDA ITEM c REGULAR X CONSENT INFORMATIONAL October 28. 1996 Meeting MGR! tJ;II !DEPT j'/-j- Authorization REQUEST: Utility Department Requesting Authorization to Execute an Interlocal Utility Construction Agreement with Seminole County PURPOSE: The purpose of this Board item is to request authorization to Execute an Interlocal Utility Construction Agreement with Seminole County for the Installation of Water Mains, Reclaimed Water Mains, Landscaping and Irrigation during the Construction of Tuskawilla Road Phases III and IV. CONSIDERATIONS: This agenda item was tabled on September 23, 1996 due to concerns raised about the liability language and also the County's commitment to the 3% of construction costs for landscaping and irrigation. The City Attorney has reviewed the agreement and made modifications that are double underlined in the proposed agreement, Attachment #2. The County has also made additional changes in the proposed agreement that are single underlined. With regards to the 3% commitment, the City Attorney has indicated that he feels the City is adequately protected by the language Section 1 (q). The County also would not agree to Section l(r) which was to not oppose annexation for areas adjacent to Tuskawilla Road between S.R. 434 and Trotwood Boulevard. The previous agenda item is included as Attachment #1. r i<' October 28, 1996 Regular Agenda Item C Page.2. FUNDING: The cost for the utility portion ofthe work is estimated at $224,193. We have budgeted $150,000 in FY 1996/1997 in the Utility Capital Improvements budget, however, we expect an expenditure of only $25,000 based on a May/June bid date. The City's portion of the capital cost for the landscaping and irrigation on Tuskawilla Road is estimated at $133,789. This is projected to be needed beginning in FY 1997/1998. The City currently has $1.8 million in ''Undesignated Funds" due to the elimination of the Tuskawilla Bypass in the County One Cent Sales Tax Transportation Improvement Program. The City could designate the required amount from the undesignated portion during the annual review. The $40,000 estimated annual cost for the maintenance ofthe landscaping in the Tuskawilla Road right of way would be budgeted in FY 1998/1999 in the Publics Work Department of the General Fund. The landscape maintenance would be added to the scope of work of the City wide landscape maintenance contract. r October 28, 1996 Regular Agenda Item C Page..1 RECOMMENDATION: It is recommended that authorization be given to execute the Interlocal Utility Construction Agreement with Seminole County for the installation of Utility improvements, landscaping and irrigation during the construction of Tuskawilla Road Phases ill and IV. The interlocal includes that the City will maintain the landscaping from Sta.209 to S.R 434, pay the City portion for the landscaping/irrigation costs that exceed 3 % of the roadway costs, and provide free reclaimed water for a period of twenty years. Funding for the utility improvements will be from the Utility Capital Improvement fund. Future funding for the landscaping/irrigation capital costs will be from the City's portion of the one cent sales tax program. Future maintenance costs will be funded through the Public Works Department maintenance line code in the General Fund. IMPLEMENTATION SCHEDULE: The agreement will be executed upon approval and forwarded to the County. Funds will be budgeted as needed based on construction projections. The current projected bid date is May/June of 1997 with construction beginning around October 1, 1997. It is anticipated that Phases ill and IV will be constructed simultaneously. However, delays relative to Phase II could alter the aforementiond time frames. ATTACHMENTS: 1. Revised Interlocal Utility Construction Agreement 2. September 23, 1996 Regular Agenda Item I without Attachments 3. City Attorney Review Memorandum COMMISSION ACTION: Attachment No. 1 ;r- ~ SEMINOLE COUNTY/CITY OF WINTER SPRINGS INTERLOCAL UTILITY CONSTRUCTION AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 19_, 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 COUNTY, and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, hereinafter referred to as CITY. WIT N E SSE T H: WHEREAS, the parties hereto have the common power to construct, locate and relocate their respective utility facilities and to contract for the performance of such work; and WHEREAS, the CITY desires, at its own expense, to construct a 12"water main, 6" reclaimed water main and modify the landscaping and irrigation system, hereinafter referred to as CITY PROJECT. situated in rights-of way of the COUNTY within the COUNTY road-widening project, known as Tuskawilla Road, Phase'" and IV from E. Lake Drive to S.R. 434, hereinafter referred to as COUNTY PROJECT; and WHEREAS, the CITY has requested the COUNTY to include in the COUNTY Project, the CITY Project to meet the utility needs of the CITY; and WHEREAS, the COUNTY is agreeable to providing such work under the terms and conditions hereinafter set forth; and WHEREAS, this Agreement is authorized by the provisions of Chapters 125, 163 and 166, Florida Statutes, and other applicable law; NOW THEREFORE, in consideration of the mutual covenants herein contained the receipt and sufficiency of which is hereby acknowledged, the COUNTY and CITY agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is for the COUNTY to provide the following work to the CITY in the manner hereinafter set forth: (a) All of the work relating to the CITY Project from Dyson Drive to S.R. 434 is to be accomplished according to the plans, specifications and bid documents as prepared by CITY'S 1 ;,.- Consultant Bowyer Singleton and Associates hereinafter referred to as CONSULTANT, and coordinated by CITY'S Consultant with COUNTY Project plans, specifications and bid documents so as to create fit together sFla form a single unambiguous contract and bid package. (b) The CITY'S Consultant, shall provide the COUNTY with a copy of reproducible signed and sealed original plans, specifications and other bid documents for the CITY Project on or before November 4, 1996. (c) CITY'S Project shall be designed for permanent (and temporary if necessary) construction, coordinated with the COUNTY PROJECT Tusks'fiFills nosa, rhsse III aFla IV from C. Lake Drive to S. R 434 and added to the Utility Adjustment Plan and Profile Sheets as set forth in the COUNTY PROJECT. (d) CITY shall ensure that the CITY'S Consultant, shall provide written answers to questions from the COUNTY and~ respond~ as needed to the COUNTY with regarding to situations requiring the issuance of addenda, during the Bidding Process. The CITY or CITY'S CONSULTANT '"VritteFl ans~'v'ers shall only be furnished written answers to COUNTY'S Purchasing Agent. No written or oral communication by the CITY or the CITY'S Consultant with Bidders, Plan holders or others interested in the bid will shall be permitted, prior to the Award of Contract. (e) The COUNTY shall advertise for and receive all bids for and exclusively award any 8H construction contracts for said work representing the combined COUNTY PROJECT and CITY PROJECT. (f) The COUNTY shall provide on-site inspection services and engineering services by a Professional Engineer (hereinafter referred to as "CEI"), subcontractors for soils and material testing, and surveys for as-builts and quantities during construction (all collectively hereinafter referred to as "CEI SERVICES"). The CITY shall approve in writing all contractor payment requests for the CITY's portion of the work and sft8H promptly transmit adequate funding to the COUNTY for processing in a timely manner. The COUNTY shall process all payment requests. The CITY shall prepare all change orders related to its portion of the work and transmit same to the COUNTY for processing. The CITY shall be responsible for payment to the COUNTY for all costs resulting from change orders on its portion of the work. In the event of a conflict or dispute relating in any way to the Work, the COUNTY shall have final authority. The cost of conflict manholes not included in the 2 original contract shall be the responsibility of the CITY. The CITY is authorized to consult with and advise the COUNTY's CEI during the construction period. All directions with regard to C.E.I Services to contractor shall be through .by the COUNTY. (g) The COUNTY'S C.E.1. subcontractor will shall provide on-site inspection services and engineering services during construction for the CITY's portion of work. (h) The CITY agrees to StIppIy provide the COUNTY with reclaimed water for Tuskawilla noad rhase III and IV COUNTY PROJECT for twenty years from date of the execution of this agreement. (I) The CITY shall maintain and operate its facilities (existing, temporary and new) during the construction of the CITY Project and the COUNTY Project. (j) The plans and specifications set forth in the COUNTY PROJECT may provide for scheduled interruptions of utility service; provided, however, that the date, time and duration of such service interruptions shall first be approved by the Director of Public Works of the CITY. The CITY shall not unreasonably withhold said approval. It is further agreed that any scheduled or unscheduled cessation of utility services shall not constitute a breach of this Agreement on the part of either party hereto.; and neither party shall be liable to the other for damages resulting from such cessation of services. This release of liability shall not be construed to release the contractor awarded the construction contract or any other third party from any liability for any damage from whate'v'er cause whatsoever. (k) Upon completion and acceptance of the work by the COUNTY, the COUNTY shall transfer the respective engineering certificates and contractors' and manufacturers' bonds, indemnities and warranties to the CITY by unconditional assignment without any representation or warranty by the COUNTY or recourse to or against the COUNTY, and the water facilities as included in the CITY PROJECT hereunder shall be and become the property of the CITY, and shall be operated and maintained by the CITY, according to the terms of the standard permit required by law and shall be operated under the terms of the COUNTY's standard right-of-way utilization permit pertaining to the occupancy or use of public rights-of-way. (I) The CITY, through its Director of Public Works, shall have the right at all times to non- intrusively inspect the work and any and all records relating to the performance of the work and CEI 3 SERVICES. The COUNTY shall, upon request, furnish three (3) copies of pertinent reports requested by the CITY. (m) The COUNTY shall, upon completion and acceptance of the COUNTY Project, furnish the CITY with one (1) set of reproducible as-built drawings of the COUNTY Project. (n) The CITY shall, upon completion and acceptance of the CITY Project, furnish the COUNTY with one (1) set of reproducible as-built drawings of the CITY Project. (0) The CITY witt shall be responsible for landscaping and irrigation maintenance from Station 209+00 North to S.R. 434 within the COUNTY PROJECT. (p) The COUNTY witt shall be responsible for landscaping and irrigation maintenance from Station 209+00 South to Dyson Drive within the COUNTY PROJECT. (q) The CITY agrees to shall onlv be liable to pay that portion of the landscaping and irrigation construction costs for the proposed improvements from Sta. 209+00 North to S.R. 434 within the COUNTY PROJECT to the extent that they exceed three ill percent (%) of the total construction costs for the COUNTY PROJECT rhases III and IV excluding utilities. (r) The COUNTY agrees to not oppose annexation into the City of VVinter Springs for those properties along Tuskawilla rload from Trotwood Doule'(/'ard to S.n. 434. SECTION 2. ADMINISTRATIVE AGENT. The COUNTY is designated as the party to administer this Agreement by and through its departments and officers, consultants and independent contractors. SECTION 3. COST COMPUTATION. The CITY's share of cost of the work shall be calculated utilizing the CITY's share of Contract Sum. The CITY shall be obligated to pay the COUNTY the CITY's share of the cost of work. Payment of ten percent (10%) of the CITY's share shall be made to the COUNTY on or before the sixty-second (62nd) day immediately following the said bid award of the contract for construction. The COUNTY witt shall thereafter bill to the CITY, on a monthly basis, its share of the work completed as evidenced by an invoice from contractor. All f8te payments received after thirty days shall be assessed non-refundable interest at a rate of ten percent (10%) per annum. These funds paid by the CITY to the COUNTY shall be held in a separate account from which amounts will be drawn by the COUNTY to pay invoices of the CONTRACTOR for work accomplished on the CITY's portion of the project. In the event that excess funds are in 4 the account at contract closeout, such funds they shall be first credited against any and all other charges payable by the CITY to the COUNTY. Any remainder shall be refunded by the COUNTY to the CITY within fifteen (15) days after completion and acceptance of all the work to be performed hereunder. Final payment for any work or services required and work performed under the construction contract shall be made by the CITY to the COUNTY within fifteen (15) days after completion and acceptance of all of the work to be performed hereunder by the COUNTY. The COUNTY shall provide an itemized statement for all additional work performed. No additional work beyond these that specified hereunder above shall be performed dooe without prior notification to and concurrence of the CITY'S Director of Public Works; provided, however, that, if, in the opinion of the COUNTY's CEI, an emergency exists, the CEI may authorize measures which, in his or her professional opinion, are reasonably necessary to prevent or mitigate damages which might result from such emergency. Any aAdditional work required regarding construction of the CITY's water utilities beyond the work specified in the contract for construction shall be authorized by g Change Order issued in accordance with the procedure set forth above and payment therefor shall be the responsibility of a billed oFle hUFldred J)eFCeFlt (100%) to the CITY. SECTION 4. DUTIES AND LEVEL OF SERVICES. All Services and work hereunder shall be performed to the satisfaction of the COUNTY which or the COUNTY's CD, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of such services and work, the prosecution and fulfillment of the services and work hereunder, and the character, quality, amount and value thereof; and its decision upon all claims, questions, and disputes shall be final and conclusive with respect to all services and work performed or to be performed whether related to the COUNTY Project, the CITY Project or other work. SECTION 5. EMPLOYEE STATUS. Persons employed by one party in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted by the operation of law or by the other party. SECTION 6. COOPERATION. To facilitate performance under this Agreement, the CITY.. its officers. agents and employees agrees to fully cooperate and assist the COUNTY. that the COUNTY shall have full cooperatioFl aFld assistaFlce from the CITY, it officers, age FIts aFld 5 employees. SECTION 7. LIABILITY. The CITY shall indemnify and hold the COUNTY harmless from and against all liability for claims for damages, extra compensation and suits of any kind made or brought by the contractor awarded the contract for construction hereunder related to the CITY's Project irrespective of negligence, actual or claimed, upon the part of the COUNTY, its agents or employees, except gross negligence of the COUNTY, its agents or employees. Additionally, the CITY shall indemnify and hold the COUNTY harmless from and against all liability for claims for damages, extra compensation and suits of any kind made or brought as a result of the CITY Project including, but not limited to, the work of any CITY contractors on the CITY Project including, but not limited to, any effect that the CITY Project or other activities may have on the COUNTY Project irrespective of negligence, actual or claimed, upon the part of the COUNTY, its agents or employees, except gross negligence of the COUNTY, its agents or employees. This Agreement by the CITY to indemnify and hold the COUNTY harmless shall include any and all charges, expenses and costs, including but not limited to, attorney's fees incurred by the COUNTY on account of or by reason of any such damages, liability, claims, suits or losses. Nothina herein shall be construed as waivina the CITY'S sovereian immunitv oursuant to Federal and/or Florida law. nor shall it be construed as waivina the liability of anv contractor or third partv to the CITY or COUNTY. SECTION 8. ENTIRE AGREEMENT. (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 9. CONFLICT OF INTEREST (a) CITY agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the COUNTY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. See Seminole County Personnel Policy 4.10 (F). 6 (b) CITY hereby certifies that no officer, agent or employee of the COUNTY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%) either directly or indirectly, in the business of CITY to be conducted here, and that no such person shall have any such interest at any time during the term of this Agreement. (c) Pursuant to Section 216.347, Florida Statutes, CITY hereby agrees that monies received from the COUNTY pursuant to this Agreement shall not be used for the purpose of lobbying the Legislature or any other Federal or State agency. IN WITNESS WHEREOF, the parties hereto have made and executed this instrument for the purpose herein expressed. ATTEST: CITY OF WINTER SPRINGS (City Clerk) By: John F. Bush , Mayor Date: ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA MARYANNE MORSE, Clerk to the Board of County Commissioners in and for Seminole County, Florida. DICK VAN DER WEIDE, Chairman Date: For the use and reliance of Seminole COUNTY only. Approved as to form and legal sufficiency. As authorized for execution by the Board of COUNTY Commissioners at their , 19_, regular meeting. COUNTY Attorney Rl~IO~ IilS<k, ~ o--tc.O ):eguQ ~J ~~~ . g~~ ~~ 7 ~ ~ \)J\N~ ~ ) U~l&,\ Attachment No.2. COMMISSION AGENDA ITEM I REGULAR X CONSENT INFORMATIONAL September 23, 1996 Meeting MGR Authorization IDEPT /~ REQUEST: Utility Department Requesting Authorization to Execute an Interlocal Utility Construction Agreement with Seminole County PURPOSE: The purpose of this Board item is to request authorization to Execute an Interlocal Utility Construction Agreement with Seminole County for the Installation of Water Mains, Reclaimed Water Mains, Landscaping and Irrigation during the Construction ofTuskawilla Road Phases ill and IV. CONSIDERATIONS: This Interlocal Utility Construction Agreement is needed to incorporate necessary utility improvements designed for the Tuskawilla Road right of way into the construction ofTuskawilla Road Phase ill (Lake Drive to Winter Springs Boulevard) and Phase IV (Winter Springs Boulevard to S.R. 434). The agreement also formalizes the City's request for landscaping and irrigation improvements on Tuskawilla Road and subsequent maintenance by the City. The proposed utility improvements include exte~ding the water main from Indian Trails Middle School to S.R 434 (which interconnects the East and West systems), looping the reclaimed water main from Winter Springs Boulevard to the Florida Power Corporation easement, and relocation of water mains and a force main that are in conflict with the proposed drainage improvements. The design and permitting of these utility improvements by the County's roadway designer, Bowyer, Singleton & Associates, was previously authorized by the Commission by interlocal agreement on February 12, 1996. September 23, 1996 Regular Agenda Item I Page .2 The engineer's estimate for the utility portion of the roadway improvements is $224,193. The landscaping and irrigation improvements have been incorporated into the roadway project as requested by the City. The interlocal agreement also memorializes several County guidelines for landscape and irrigation projects: reclaimed water at no cost, perpetual maintenance by the City, and financial support from the City for landscape and irrigation costs that exceed 3% of the roadway costs. The engineer's estimate of construction costs are summarized below. Roadway Items Landscape Items Irrigation Signalization Items Signing and Pavement Marking Utility Construction - County Utility Construction - City Phase m $2,291,964 $47,804 $71 ,330 $285,990 $23,532 $132,683 $43,157 Phase IV $2,857,279 $98,343 $95,976 $196,176 $32,583 $0 $181,036 The City would be responsible for the portion of the landscape and irrigation costs that exceed 3% of the roadway pay items. The portion of the L&I costs that exceed the 3% threshold is $50,375 for Phase ill and $108,601 for Phase IV. However, we had previously indicated to the County that the southern maintenance limits would be the Church of the New Covenant median cut which would reduce the Phase ill liability by one half The total estimated cost to the City for Phases m and IV landscaping and irrigation is $133,789. The scope of the L&I for both phases includes full median landscaping, irrigation with reclaimed water, irrigation at intersections (i.e. Oak Forest Drive, Winter Springs Boulevard, Forest Creek Drive, Arbor Glen Circle, Trotwood Boulevard), St. Augustine sod where irrigation is present, and landscaping along the sides where room is available. The 465 mostly 30 gallon trees proposed from Dyson Drive to S.R 434 breakdown as follows: East Palatka Holly - 33, Dahoon Holly - 68, Southern Magnolia - 8, Wax Myrtle September 23, 1996 Regular Agenda Item I Page.J. - 82, Crape Myrtle - 57, Cherry Laurel- 13, Evergreen Pear - 113, Live Oak - 51, Cabbage Palm - 12, Drake Elm - 24, and Winged Elm - 4. In addition, over 10,000 one gallon shrubs and ground covers are proposed consisting of Hollies, Hawthomes, Aztec Grasses, Pittosporums, Junipers, Heather and Daylillies. ISSUE ANALYSIS: 1. In order for the County to include landscaping and irrigation in the construction of Tuskawilla Road they are requesting we maintain in perpetuity the landscaping and irrigation in the Tuskawilla Road right of way from the Church of the New Covenant median cut (Sta. 209) to S.R 434. This is projected to cost $40,000 annually beginning in FY 1999. The City will be required to assume this cost beginning in FY 1999. 2. The capital costs associated with the landscaping and irrigation construction to the extent they exceed 3% of the roadway costs are to be paid by the City. This cost is estimated at $133,789 and is projected for FY 1998. The City will be required to assume this cost in FY 1998. 3. The reclaimed water for the City maintained portion is to be provided at no cost to the County. The County has requested that reclaimed water for the County maintained portion ofTuskawilla Road, Dyson Drive to Sta. 209, be provided at no cost to the County for 20 years. This is valued at approximately $350 annually. In consideration for same, the County has agreed to pay the construction and engineering inspection services cost for the utility construction which normally runs 7.5% to 10% ($16,800 to $22,400). The City will be required to assume this cost beginning in FY 1998. September 23, 1996 Regular Agenda Item I Page.A 4. The City could construct the proposed utility improvements through our normal bidding process and deal directly with a contractor. However, it is advantageous to include the utility work with the roadway construction to avoid any conflicts with scheduling and keep the responsibility of all the work with a single general contractor. FUNDING: The cost for the utility portion of the work is estimated at $224,193. We have budgeted $150,000 in FY 1996/1997 in the Utility Capital Improvements budget, however, we expect an expenditure of only $25,000 based on a May/June bid date. The City's portion of the capital cost for the landscaping and irrigation on Tuskawilla Road is estimated at $133,789. This is projected to be needed beginning in FY 1997/1998. The City currently has $1.8 million in ''Undesignated Funds" due to the elimination of the Tuskawilla Bypass in the County One Cent Sales Tax Transportation Improvement Program The City could designate the required amount from the undesignated portion during the annual review. The $40,000 estimated annual cost for the maintenance of the landscaping in the Tuskawilla Road right of way would be budgeted in FY 1998/1999 in the Publics Work Department of the General Fund. The landscape maintenance would be added to the scope of work of the City wide landscape maintenance contract. FY 1996 FY 1997 FY 1998 Future General Fund Construction Maintenance $0 $0 $0 $0 $0 $0 $0 $40,000 Utility Fund Construction Maintenance (Irrigation) $31,280 $0 $224,193 $0 $0 $0 $0 $2,000 One Cent Sales Tax (City Portion) Construction $0 Maintenance $0 $0 $0 $133,789 $0 $0 $0 September 23, 1996 Regular Agenda Item I Page.2 RECOMMENDATION: It is recommended that authorization be given to execute the Interlocal Utility Construction Agreement with Seminole County for the installation of Utility improvements, landscaping and irrigation during the construction of Tuskawilla Road Phases ill and IV. The interlocal includes that the City will maintain the landscaping from Sta.209 to S.R 434, pay the City portion for the landscaping/irrigation costs that exceed 3% of the roadway costs, and provide free reclaimed water for a period of twenty years. Funding for the utility improvements will be from the Utility Capital Improvement fund. Future funding for the landscaping/irrigation capital costs will be from the City's portion of the one cent sales tax program. Future maintenance costs will be funded through the Public Works Department maintenance line code in the General Fund. lMPLEMENTATION SCHEDULE: The agreement will be executed upon approval and forwarded to the County. Funds will be budgeted as needed based on construction projections. The current projected bid date is May/June of 1997 with construction beginning around October 1, 1997. It is anticipated that Phases m and IV will be constructed simultaneously. However, delays relative to Phase II could alter the aforementiond time frames. ATTACHMENTS: 1. Interlocal Utility. Construction Agreement 2. Map with Limits of Phase m and IV 3. Seminole County Landscape and Irrigation Guidelines COMMISSION ACTION: