HomeMy WebLinkAboutEmergency Item 01 First Amendment to Interlocal Agreement regarding Fullers Cross & Ocoee-Apopka Intersection ImprovementI q Wkwo %, /640 0 1
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AGENDA ITEM COVER SHEET
Meeting Date: May 5, 2020
Item # FMf,rAe(\rq 7r-%rn
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Reviewed By:
Contact Name: Stephen C. Krug Department Director: _
Contact Number: 6002 City Manager:
Subject: Approval of the First Amendment to the Interlocal Agreement a een Orange County
and City of Ocoee for the Improvements and the Transfer of the Intersection of Fullers Cross
Road and Ocoee-ADODka Road. Commissioner Brinson. District 1.
Background Summary:
At the August 21, 2018 meeting, the City Commission approved entering into an Interlocal Agreement
with Orange County for the improvements to the Fullers Cross Road and Ocoee -Apopka Road
intersection. From the inception of the concept between the City and County to jointly improve the
intersection, the region has experienced an unprecedented surge in construction industry costs. The
City and County have evaluated the Guaranteed Maximum Price (GMP) proposal from the awarded
Construction Manager at Risk, Oelrich Construction, Inc., and have determined the pricing to be in line
with current industry standards, however this pricing is above the funding limits set in the original
Interlocal Agreement approved in 2018. The Amendment will increase the limits of the joint 50% funding
split between the City and County to allow the project to proceed to the construction phase. The City's
increase is funded through Road Impact Fees with the adjustment covered under the separate Second
Reading of Ordinance for Fiscal Year 2020 Budget Amendment agenda item. Public Works
recommends approval of this amendment.
Upon City Commission approval, the executed Amendment will be sent to Orange County for formal
approval and execution.
Issue:
Request the Honorable Mayor and City Commission approve the First Amendment to the Interlocal
Agreement with Orange County for a cost share for road improvements for the Fullers Cross and Ocoee
Apopka Road intersection.
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve the First Amendment to the
Interlocal Agreement with Orange County for a cost share for road improvements for the Fullers Cross
and Ocoee Apopka Road intersection.
Attachments:
First Amendment to the Interlocal Agreement
Financial Impact:
City is responsible for a 50% share of cost for design and construction. The value of City owned property
for future Right of Way is included in the 50% share. Funding and other contributions shall not exceed
One Million One Hundred Thousand Dollars ($1,100,000) per party. The additional funding is available
in the Road Impact Fee Fund.
The City has the following amounts held in Fund 317 & 106 for this improvement:
Chevron/Eagle Creek- $250,000
Arbours at Crown Point - $34,884.00
Type of Item: (please mark with an 'Y)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
x Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
Reviewed by City Attorney Dana Crosby -Collier, Assistant City Attorney
Reviewed by Finance Dept. Robecca Roberts, Finance Director
Reviewed by ( )
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FIRST AMENDMENT
to the
INTERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA
and the
CITY of OCOEE, FLORIDA
regarding
IMPROVEMENTS to and the TRANSFER of the
INTERSECTION
of
FULLERS CROSS ROAD and OCOEE-APOPKA ROAD
Approved by the Orange County
Board of County Commissioners
,2020
Approved by the City of Ocoee
City Commission
.2020
FIRST AMENDMENT
to the
INTERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA
and the
CITY of OCOEE, FLORIDA
regarding
IMPROVEMENTS to and the TRANSFER of the
INTERSECTION
of
FULLERS CROSS ROAD and OCOEE-APOPKA ROAD
THIS FIRST AMENDMENT ("First Amendment") is made and entered into by and between
Orange County, Florida, a political subdivision and charter county existing under the laws and
constitution of the State of Florida ("County") at 201 South Rosalind Avenue, Orlando, Florida 32801,
and the City of Ocoee, Florida, a Florida municipal corporation ("City") at 150 North Lakeshore Drive,
Ocoee, Florida 34761.
WITNESSETH:
WHEREAS, on August 21, 2018, and September 18, 2018, respectively, the City and the County
approved and executed an Interlocal Agreement regarding improvements to and transfer of jurisdiction of
the intersection of Fullers Cross Road and Ocoee -Apopka Road; and
WHEREAS, changes in circumstances, including those relating to the costs of making those
improvements, necessitate that the County and the City amend certain portions of the Interlocal
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and agreed, the County and the City agree to amend the Interlocal Agreement as follows:
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Section 1. Recitals.
The foregoing recitals are true and correct and form a material part of this First Amendment.
Section 2. Amendments to Sections 3, 4 and 5 of the Interlocal Agreement.
Sections 3, 4 and 5 of the Interlocal Agreement, are amended to read as follows, with additions
being shown by underlines and deletions being shown by strike-throughs:
Section 3. Intersection Project; Intersection Project Costs; Good Faith
Estimate; Parties' Shares of Costs.
(a) Intersection Project. The County and the City agree to improve the
Intersection by having the City design, permit, bid and construct a left turn lane at each of
the four (4) legs of the Intersection, and install a new mast arm traffic signal system at the
Intersection, all as generally depicted and described in Appendix °B" ("Intersection
Project").
(b) Intersection Project Costs. All actual design, permitting,
construction and related costs for the Intersection Project shall be deemed "Intersection
Project Costs."
(c) Good Faith Estimates. The parties' good faith estimate of the
Intersection Project Costs is Two Million and Two
Hundred Thousand Dollars ($2,200,000.00). The itemization of those costs is set forth in
Revised Appendix "C" attached hefete-to the First Amendment and incorporated herein
in the First Amendment by reference.
(d) Parties' Shares of Costs. The County shall be responsible for fifty
percent (50%) of the Intersection Project Costs, or Five 14, adr-ea '''heusand Dollars-
($500,000.00)
oll -s-($-500;000:08) One Million and One Hundred Thousand Dollars ($1,100,000.00),
whichever is less. The City shall be responsible for the balance of the Intersection Project
Costs, even if the City's share exceeds_ fifty percent (50%) of the Intersection Project
Costs, or One Million and One Hundred
Thousand Dollars ($1,100,000.00).
Section 4. City's Responsibilities for the Intersection Project.
(a) Project Management. The City shall be responsible for managing,
designing, obtaining necessary permits, bidding, and constructing the Intersection
Project. Coupled with the interests in the Intersection that are being dedicated and/or
conveyed by the County to the City under Section 7, the City has or will have all the
necessary right-of-way to construct the Intersection Project.
(b) Invoices. Before the County makes any payment for the Intersection
Project pursuant to Section 5, the City shall provide the County with a copy of the
invoice for such payment, for the County's review and approval.
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(c) Use of County Funds. The City shall deposit and maintain the County
funds in a separate account ("Account"), and distribute the County funds solely for
construction of the Intersection Project. The City shall make payments to its contractor
pursuant to the payment procedures set forth in the contract. Each payment to the City's
contractor shall consist of one-half City funds and one-half County funds until the
County funds are depleted, at which time, the City shall be solely responsible to fund the
remainder of the costs, including change orders. Also, the City shall maintain records of
the Account, and the County may, at any time, upon five (5) days' notice, inspect any or
all records maintained by the City related to the Account. Within twenty (20) days after
completion of the Intersection Project and final payment to the contractor, the City shall
provide the County with an accounting of the County funds expended from the Account
and return any unexpended County funds to the County within fifteen (15) days
thereafter.
(d) County Approvals. The City must seek and obtain County approvals,
as follows.
(1) Design. The City shall be responsible for the Intersection
Project design, including procuring all applicable permits and coordinating with all
applicable utilities and other third parties. The City may elect to use the Request for
Qualifications process or an alternative method acceptable to the County. In either case,
the County reserves the right to approve or disapprove the design. If the County does not
approve or disapprove the proposed process within fifteen (15) days of being noticed by
the City, the proposed process shall be deemed approved by the County.
(2) Contracts. Before entering into any contract or contracts for the
design, permitting, and construction of the Intersection Project, the City shall send the
County a copy of each proposed contract for the County's review and comment. If the
County does not approve or disapprove a proposed contract within thirty (30) days of its
delivery, the proposed contract shall be deemed approved by the County. The City shall
provide the County with a copy of all fully executed contracts within five (5) business
days after execution by the last party to approve and sign the contract.
(3) Construction Plans. During the design process, the City shall
send the construction plans to the County for its review and comment at the 60% and
90% completion stages, and then send the County the final (100%) plans for its review
and comment. Before advertising for the solicitation of construction contract bids, the
City shall obtain the County's approval of the final plans. The County shall have thirty
(30) days from delivery to review and comment on the final plans. Failure by the County
to approve or disapprove the final plans within such thirty (30) day period shall be
deemed approval of the plans.
(e) Timelines for Intersection Project. The City shall make a good faith
effort to ensure that the final design plans for the Intersection Project are completed
within twelve (12) months from the effective date of this Agreement, and that
construction of the Intersection Project is completed within twenty four (24) months from
the County's approval of the final design plans.
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M Delays, overruns, etc. The City shall timely communicate to the
County any material delays, cost overruns, and substantive issues that may arise
throughout the Intersection Project. (Notwithstanding any cost overruns, the County's
share of the total Intersection Project Costs shall not exceed fifty percent (50%) of the
Intersection Project Costs, or One Million
and One Hundred Thousand Dollars ($1 100 000 00), whichever is less.)
(g) County's Right to Inspect. The County shall have the right, at its
discretion, to inspect the Intersection Project throughout the construction phase.
(h) Completion of Intersection Project. The City shall ensure that the
Intersection Project is completed pursuant to the approved final design plans, as may be
modified when agreed by the parties. Upon completion of the Intersection Project, the
City's Public Works Director shall promptly so notify the County's Public Works
Director. The completion date of the Intersection Project shall be the date when the
County's Public Works Director accepts such completion.
Section 5. County's Responsibilities for Intersection Project.
(a) Payment Schedule. The County shall make payments directly to the
City, according to the following schedule:
(1) Design Costs. Upon the City issuing a Notice to Proceed to the
design contractor/consultant and issuing the County an invoice, the County shall, within
sixty (60) days' notice, pay the City one-half of the contract price of the design contract,
which one-half amount shall not exceed One Hundred Thousand Dollars ($100,000.00).
Thereafter, for any change orders or design contract amendments, the County shall,
within thirty (30) days' notice, pay the City one-half of such change order or amendment,
subject to the County's $500;000.00 maximum contribution of fifty percent (50%) of the
Intersection Project Costs, or One Million and Onc Hundred Thousand Dollars
($1,100,000.00), whichever is less.
(2) Construction Costs. Upon the City issuing a Notice to Proceed to
the construction contractor and issuing the County an invoice, the County shall, within
sixty (60) days' notice, pay the City one-half of the remaining Intersection Project Costs,
subject to the County's $500,G00.00 maximum contribution of fifty percent (50%) of the
Intersection Project Costs or One Million and One Hundred Thousand Dollars
($1,100,000.00), whichever is less.
(b) Permits. At no cost to the City, the County shall, upon request by the
City, grant the City all County permits and authorizations appropriate or necessary for the
City to construct the Intersection Project, including but not limited to right -of -entry and
right-of-way use permits. The County waives all fees associated with such permits and
authorizations. -
(c) County Review of Estimates, Costs, Payments, and Plans. To the
extent the County disapproves or objects to any estimates, costs, payments or plans where
authorized to do so under this Agreement, the parties shall attempt to reach agreement on
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such issue within thirty (30) days of the County's disapproval or objection, or within such
other time as may be agreed upon by the City's and the County's representatives.
Section 3. Remainder of Interlocal Agreement.
Except as set forth in Section 2 of this First Amendment, the Interlocal Agreement shall remain
unchanged.
Section 4. Effective Date. This First Amendment shall become effective on the date of
approval by the County, or on the date of approval by the City, whichever date is later ("Effective Date").
IN WITNESS WHEREOF, the County and the City have executed this First Amendment as of
the dates written below.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
Jerry L. Demings, Mayor
Date: , 2020
ATTEST: Phil Diamond, CPA, County Comptroller,
as Clerk of the Board of County Commissioners
IM
Deputy Clerk
Print Name:
Col
ATTEST:
Melanie Sibbitt, City Clerk
Print Name:
FOR THE USE AND RELIANCE
ONLY OF THE CITY OF OCOEE, FLORIDA:
APPROVED AS TO FORM AND LEGALITY
this day of , 2020
M
Scott Cookson, City Attorney
7
CITY OF OCOEE, FLORIDA
By: City Commission
LE
Date:
Rusty Johnson, Mayor
2020
APPROVED BY THE OCOEE
CITY COMMISSION AT A MEETING
HELD ON , 2020
UNDER AGENDA ITEM NO.
ISTOOMMMUM
General Description of Intersection Project
The project is to construct improvements to the intersection of Ocoee -Apopka
Road and Fullers Cross Road. The existing intersection is a signalized, four-way
crossing with rural sections on both roads. The proposed improvements will be to
add left -turn deceleration lanes from the four approaches, adding south -bound
and east -bound right turn deceleration lanes, and the replacement of the existing
traffic signal with a mast arm traffic signal.
Revised Appendix "C"
Good Faith Estimate and Itemization of Intersection Project Costs
s:ljprinselllagrcntTust amendment to interlocal agreement between the county and ocoee; intersection of fullers cross rd and ocoee-apopka rd -
04-20-20 v2.docx
Appendix "C"
Good Faith Estimate and Itemization of Intersection Project Costs
$ 212,600 Design fees with VHB (Includes $3,000 for expenses)
$ 80,000 Value of anticipated right of way dedication of City property.
%2 acre at $160,000/acre commercial property.
$ 2,000 Value of corner clip from southeast quadrant development.
450 square feet.
$ 1.905,400 Allowable Construction Costs.
$ 2,200,000 Total Project