HomeMy WebLinkAboutItem 02 Approval of the Interlocal Agreement with Orange County
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: November 19, 2024
Item #: 2
Contact Name: Milen Womack Department Director: Stephen Krug
Contact Number: Ext. 6013 City Manager: Craig Shadrix
Subject: Approval of the Interlocal Agreement with Orange County regarding Signalization
and Transfer of Impact Fees for the West Road and Fountains West Boulevard Intersection.
(City Engineer Womack)
Background Summary:
The intersection of West Road and Fountains West Boulevard is an Orange County owned and maintained
intersection. The City of Ocoee has collected mitigation fees (held in a deferred fund account) on top of road
impact fees from developments accessing Fountains West Boulevard to specifically go towards the
construction of a future signalized intersection. Orange County has designed, permitted, and bid the
construction for the signalization of the intersection with mast arms and would like to enter into an Interlocal
Agreement to transfer the collected road mitigation fees for this project. Fees were collected by the Arbours
PUD, Greens at Forest Lake PUD, and Magnolia Reserve PUD. The projected cost of the intersection
improvements amounts to $808,136.81. The City has collected $132,636.21 in mitigation fees for the
intersection improvements. Orange County will fund the difference in costs between the collected road impact
fees and the final cost of construction. Public Works recommends approval of the Interlocal Agreement with
Orange County regarding Signalization and Transfer of Impact Fees for the West Road and Fountains West
Boulevard Intersection.
Upon City Commission approval, the executed Agreement will be sent to Orange County for formal approval
and execution. Construction of the intersection improvements is anticipated to begin in the spring of 2025.
Issue:
Should the Honorable Mayor and City Commissioners approve and sign the Interlocal Agreement with Orange
County regarding Signalization and Transfer of Impact Fees for the West Road and Fountains West Boulevard
Intersection?
Recommendations:
City Staff recommends the Honorable Mayor and City Commissioners approve and sign the Interlocal
Agreement with Orange County regarding Signalization and Transfer of Impact Fees for the West Road and
Fountains West Boulevard Intersection.
Attachments:
1. Interlocal Agreement
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Financial Impacts:
The City is responsible for $132,636.20; the funds which were paid from Arbours PUD, Greens at Forest Lake
PUD, and Magnolia Reserve PUD are being held in a deferred funding account.
Type of Item: Consent
INTERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA
and the
CITY of OCOEE, FLORIDA
regarding
SIGNALIZATION and TRANSFER OF IMPACT FEES
for the INTERSECTION of
WEST ROAD at the FOUNTAINS
WEST BOULEVARD
INTERSECTION
Approved by the Orange County
Board of County Commissioners
, 2024
Approved by the City of Ocoee
City Commission
, 2024
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INTERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA
and the
CITY of OCOEE, FLORIDA
regarding
SIGNALIZATION AND TRANSFER OF IMPACT FEES
for the INTERSECTION of WEST ROAD at the
FOUNTAINS WEST BOULEVARD INTERSECTION
THIS INTERLOCAL AGREEMENT (the “Agreement”), effective as of the latest date
of execution (“Effective Date” is made and entered into by and between Orange County, a charter
county and political subdivision of the State of Florida ("County") with a mailing address of P.O.
Box 1393, Orlando, Florida 32802-1393, and the City of Ocoee, a Florida municipal corporation
(“City”) located at 150 North Lakeshore Drive, Ocoee, Florida 34761. County and City may
occasionally be referred to herein individually as “Party” and collectively as “Parties.”
WITNESSETH:
WHEREAS, County has authority pursuant to Section 125.01(1)(p), Florida Statutes, to
enter into agreements with another governmental entity or agency for joint performance, or
performance by one unit on behalf of the other, of any of either entity’s or agency’s authorized
functions;
WHEREAS, City has authority pursuant to Section 166.021, Florida Statutes, to enter into
agreements;
WHEREAS, all roads that are open and available for use by the public and dedicated to
public use, according to law or by prescription, are declared to be and established as, pursuant to
Section 335.01(1), Florida Statutes, public roads;
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WHEREAS, a “road” is defined by Section 334.03(22), Florida Statutes, as “a way open
to travel by the public, including, but not limited to, a street, highway, or alley, including, but not
limited to, associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices,
ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges [and]
tunnels . . .”;
WHEREAS, the term “road” as defined by Section 334.03(22), Florida Statutes, also
implicitly includes, but is not limited to, curbs, guardrails, landscaping, and traffic control devices
(such as signals and signs);
WHEREAS, according to Section 335.01(2), Florida Statutes, public roads are divided
into four systems: (1) the “county road system”; (2) the “city street system”; (3) the “State Highway
System”; and (4) the “State Park Road System”;
WHEREAS, the “county road system” is defined by Section 334.03(8), Florida Statutes,
as “all collector roads in the unincorporated areas of a county and all extensions of such collector
roads into and through any incorporated areas, all local roads in the unincorporated areas, and all
urban minor arterial roads not in the State Highway System”;
WHEREAS, the “city street system” is defined by Section 334.03(3), Florida Statutes, as
“all local roads within a municipality, and all collector roads inside that municipality, which are
not in the county road system”;
WHEREAS, pursuant to Section 335.0415(1), Florida Statutes, the jurisdiction of public
roads and the responsibility for operation and maintenance within the right-of-way of any road
within the State, county, and municipal road systems shall be that which existed on June 10, 1995;
WHEREAS, under Section 335.04(2), Florida Statutes, the predecessor statute to Section
335.0415, Florida Statutes, each local government’s responsibilities were expressly described
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therein, and the responsibility of a county for the operation and maintenance of any roads under
its jurisdiction that extended into and through a municipality was limited to the roadbed, curbs,
culverts and drains, but did not include sidewalks, embankments and slopes;
WHEREAS, pursuant to Section 335.0415(2), Florida Statutes, any change of the
jurisdiction of a public road after July 1, 1995, that is a part of a county road system or a city street
system is governed by Section 335.0415(3), Florida Statutes;
WHEREAS, pursuant to Section 335.0415(3), Florida Statutes, subsequent to July 1, 1995,
public roads within the respective road systems of a county or a city may be transferred between
those jurisdictions only by mutual agreement of those local governmental entities;
WHEREAS, the intersection of Fountains West Boulevard and West Road, is currently
operated and maintained by County;
WHEREAS, County and City have determined that the construction of certain traffic
signalization improvements at the intersection (the “Improvements”) will provide improved safety
and intersection operations based on the conducted signal warrant analysis;
WHEREAS, County and City desire to cooperate in funding the Improvements for the
mutual benefit of the citizens, property owners, and businesses of both City and County, according
to the terms and conditions of this Agreement;
WHEREAS, County and City concur that the Improvements will be most efficiently and
expeditiously completed if County and City partner to fund such Improvements, and if one party,
in this case County, designs, permits, bids, and constructs the Improvements, according to the terms
and conditions set forth herein; and
WHEREAS, however, this Interlocal Agreement is not intended to apply and shall not be
construed as applying to the subject of which law enforcement authority (the City’s Police
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Department or the Orange County Sheriff’s Office) has jurisdiction to enforce traffic laws at the
intersection, pursuant to Section 316.640, Florida Statutes.
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 as follows:
Section 1. Recitals.
The foregoing recitals are true and correct and form a material part of this Agreement.
Section 2. “Intersection” defined.
The “Intersection” is defined in this Agreement as the general area of convergence of the
rights-of- way of West Road with Fountains West Boulevard, all as generally depicted and
described in Appendix “A” attached hereto and incorporated herein by reference.
Section 3. Intersection Project; Intersection Project Costs; Good Faith
Estimate; Parties’ Shares of Costs.
(a)Intersection Project. County and City agree to modify the Intersection in
accordance with the results of County’s warrant study and design, permit, bid, construct, and install
and a new mast arm traffic signal system at the Intersection (“Intersection Project”), all as generally
depicted and described in Appendix “B”, attached hereto and incorporated herein by reference.
(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 Estimate. The parties’ good faith estimate of the Intersection Project
Costs is Eight Hundred Eight thousand and One Hundred Thirty Six 81/100 dollars ($808,136.81).
The itemization of those estimated costs is set forth in Appendix “C” attached hereto and
incorporated herein by reference.
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(d)Parties’ Shares of Costs. City shall be responsible for One Hundred Thirty Two
thousand and Six Hundred Thirty Six 21/100 dollars ($132,636.21). The County shall be
responsible for the remainder of the Intersection Project costs.
Section 4. County’s Responsibilities for the Intersection Project.
(a)Project Management. County shall be responsible for managing, designing,
obtaining necessary permits, bidding, and constructing the Intersection Project.
(b)Completion of Intersection Project. County shall make reasonable efforts to
ensure that the Intersection Project is completed pursuant to the approved final design plans, as
may be modified. Upon completion of the Intersection Project, County’s Public Works Director
shall promptly so notify City’s Public Works Director.
Section 5. City’s Responsibilities for Intersection Project.
(a)Payment. Upon execution of this agreement the City shall make full payment in
the amount of One Hundred Thirty Two thousand and Six Hundred Thirty Six 21/100 dollars
($132,636.21) directly to the County.
(b)Permits. At no cost to County, City shall, upon request by County and compliance
with the City of Ocoee Code of Ordinances and all other rules, requirements and procedures of
City, grant to County all City permits and authorizations appropriate or necessary for the County
to construct the Intersection Project, including but not limited to right-of-entry and right-of-way
use permits. City hereby waives all fees associated with such permits and authorizations.
(c)City Review of Estimates, Costs, Payments, and Plans. To the extent City
disapproves or objects to any estimates, costs, payments, or plans, as and where authorized to do
so under this Agreement, the parties shall attempt to reach agreement on such issue within thirty
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(30) days of City’s disapproval or objection, or within such other time as may be agreed upon by
City’s and the County’s representatives.
Section 6. Assignment of Responsibility for Traffic Control for
Intersection; Liability for Torts.
(a)Responsibility for Traffic Control. Orange County hereby acknowledges and
accepts the responsibility for traffic control for the Intersection and associated costs for signal
operation and maintenance as of the Effective Date.
(b)Liability for Torts. The City shall be liable for torts arising from events occurring
on or after the Effective Date of this agreement; however, nothing in this Agreement waives or is
intended to waive the sovereign immunity of City (or County for events occurring before the
Effective Date) or of the provisions of Section 768.28, Florida Statutes.
Section 7. Traffic Control at Intersection.
As of the Effective Date and upon completion of the Intersection Project, Orange County
shall be responsible for regulating, warning, guiding, and controlling traffic of both vehicles and
pedestrians in the Intersection, as authorized under Section 316.006(2), Florida Statutes, regardless
of any future alteration, realignment, construction, extension, or widening of the Intersection.
Section 8. General Provisions.
(a)Validity. County and City each represents, warrants, and covenants to and with the
other its respective authority and power under Florida law to enter into this Agreement,
acknowledges the validity and enforceability of this Agreement, and waives any future right or
defense based on any claim of illegality, invalidity or unenforceability of any nature.
(b)Governing Law; Venue; Attorney’s Fees and Costs.
(1)Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
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(2)Venue. Venue for any action arising out of or related to this Agreement shall
be in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida.
(3)Attorney Fees and Costs. In the event a party deems it necessary to take
legal action to enforce any provision of this Agreement, each party shall bear its own attorney fees
and costs.
(c)Remedies. Upon any failure of either party to perform its obligations under
this Agreement, the aggrieved party shall have the right to pursue any remedy available in
law, equity, or otherwise, but before a court action is maintained, such party must comply with
Chapter 164, Florida Statutes, incorporated herein by reference.
(d)Entire Agreement. This Agreement, including its appendixes, constitutes the
entire agreement of the parties with respect to the subject matters of this Agreement. Any
previous oral or written communications or understandings of the parties with respect to the
subject matters hereof are null and void and pre-empted by this Agreement.
(e)Amendments. Any amendments to this Agreement shall be deemed enforceable
only if in writing, approved by the Board of County Commissioners and the City Commission, and
signed by the parties hereto.
(f)Waivers. No waiver of any provision of this Agreement shall be effective unless
in writing and signed by the party against whom it is asserted. A waiver shall be applicable only to
the specified instance to which it relates and shall not be deemed a continuing or future waiver
unless expressly deemed otherwise in writing.
(g)Notices. All notices required to be given hereunder shall be in writing and shall be
deemed given and received in the following circumstances: (1) when personally delivered by hand;
(2) three business days after being deposited in the United States Mail, postage prepaid, certified
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or registered; (3) the next business day after being deposited with a recognized overnight mail
courier delivery service; (4) when sent by electronic mail; or (5) when transmitted by facsimile or
telecopy transmission, with receipt acknowledged upon transmission. All notices hereunder shall
be addressed as follows (or to such other official or as such other address, of which either party
hereto shall subsequently give written notice as provided herein):
If to the County: Director
Orange County Public Works Department
4200 S. John Young Parkway
Orlando, Florida 32839-9205
Phone: (407) 836-7900
Telecopy: (407) 836-7716
With a copy to: County Administrator
Post Office Box 1393
Orlando, Florida 32802-1393
Phone: (407) 836-7370
Telecopy: (407) 836-7399
If to the City: Craig Shadrix
City Manager City of Ocoee
1 North Bluford Avenue
Ocoee, Florida 34761
Phone: (407) 905-3111
Telecopy: (407) 905-3118
With a copy to: Richard Geller
City Attorney
Fishback Dominick
1947 Lee Road
Winter Park, Florida 32789
Phone: (407) 262-8400
In all cases, notices shall be deemed delivered to a party only upon delivery of copies to the
persons indicated above in the same manner as for the party being notified. Either party may
change its address or official for notice purposes by giving the other party notice as provided
herein.
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(h)Ambiguities. Both parties have been allowed equal input regarding the terms and
wording of this Agreement and have had the benefit of consultation with their respective legal
counsel prior to its execution, such that all language and wording herein shall be construed equally
for and against the parties.
(i)Headings. The headings or captions of sections or subsections used in this
Agreement are merely for the convenience of the parties for reference only and are not intended
to define or limit their contents, and are not intended to affect the construction of or to be taken
into consideration in interpreting this Agreement.
(j)Indemnification. Each party agrees to defend, indemnify, and hold harmless the
other party, its officials, and employees from all claims, actions, losses, suits, judgments, fines,
liabilities, costs, and expenses (including attorney’s fees) attributable to its negligent acts or
omissions, or those of its officials and employees acting within the scope of their employment, or
arising out of or resulting from the indemnifying party’s negligent performance under this
agreement. Nothing contained herein shall constitute a waiver of sovereign immunity or of the
provisions of Section 768.28, Florida Statutes. The foregoing shall not constitute an agreement by
either party to assume any liability for the acts, omissions, and/or negligence of the other party.
IN WITNESS WHEREOF, County and City have executed this Agreement as of the dates
written below.
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ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Jerry L. Demings
Orange County Mayor
Date: , 2024
ATTEST: Phil Diamond, CPA, County
Comptroller, as Clerk of the Board of County
Commissioners
By:
Deputy Clerk
Print Name:
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CITY OF OCOEE, FLORIDA
By: City Commission
By:
Rusty Johnson, Mayor
Date: , 2024
ATTEST:
By:
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 _______________, 2024
By: ______________________________
Richard Geller, City Attorney
APPROVED BY THE OCOEE
CITY COMMISSION AT A MEETING
HELD ON ___________________, 2024
UNDER AGENDA ITEM NO. _________
S:\AMAI\Agreements\Ocoee for Clarcona Signalization\Interlocal Agreement with Orange County for Clarcona-Ocoee Road (formatting
revised) - 2024-10-14.docx
Appendix “A”
General Depiction of Intersection
Appendix “A”
Appendix “B” (Page 1 of 3)
Appendix “B”
General Description of Intersection Project
Orange County Traffic Engineering requires professional engineering services from VHB, Inc to
provide construction plans for a new signal at the intersection of Clarcona Ocoee Road and
Fountains W Boulevard.
All work performed under this task shall comply with the most recent edition of the Federal
Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) and the most
recent edition of the Florida Department of Transportation (FDOT) Design Standards, and Traffic
Engineering Manual (TEM). Specific tasks may include, but are not limited to, the following:
1.0 Engineering Services
Roadway
ADA Ramps will be modified to include crosswalks across Clarcona Ocoee Road that currently
do not exist.
Roadway plans to include but not be limited to:
•Typical section
•Roadway Plan Sheets
•Roadway Cross sections
•Temporary Traffic Control Plans
•Utility Verification Sheets
Traffic Signal and Interconnect Design
Includes the design and preparation of construction plans for the addition of four mast arm signals
(one per approach), as well as specifications and an engineer’s estimate of construction costs. The
signal will be connected to Orange County’s network via fiber interconnect to the signalized
intersection of Ocoee Apopka Road and Clarcona Ocoee Road.
a. Traffic Signal Design shall include the following:
I. Structural Engineering - VHB will provide structural engineering services for five
proposed mast arm designs. The services are limited to analyzing the loading to
determine compliance with the FDOT standard mast arm assemblies and to provide
special drilled shaft foundation designs should the standard loading be exceeded, or
should geotechnical recommendations not meet minimum standard FDOT criteria.
VHB will communicate with Nadic, the geotechnical engineer, to determine the
appropriate soil characteristics for use in the foundation design calculations.
Utility Coordination
VHB will contract with ECHO UES, Inc (ECHO) to provide professional utility coordination
services for both locations. The scope shall include initial contact, follow up contact, utility design
meeting and project documentation to confirm no conflicts or utility relocations.
Appendix “B” (Page 2 of 3)
Environmental
VHB will prepare and submit a Request for Verification of an Exemption (Form 62-330.050) to
the St Johns River Water Management District (SJRWMD). Due to the nature of the work, the
project is anticipated to be exempt under FAC 62-330.051(4)(c) Minor roadway safety
construction, alteration, maintenance, and operation. VHB assumes there will be no additional
impervious area, no additional travel lanes, no work in wetlands and no reduction in capacity to
the existing drainage system. VHB, will also respond to one RFI from SJRWMD.
Signing and Pavement Markings
VHB will prepare signing and pavement marking plans for the proposed roadway improvements.
Lighting
VHB will prepare the photometrics and coordinate with the power company, Duke Energy, for the
installation of any additional lighting necessary to meet the required light levels for the new
signalized intersection at Fountains W Blvd.
Survey and Subsurface Utility Engineering (SUE)
VHB will contract with ECHO UES, Inc (ECHO) to provide professional surveying and SUE
services.
Survey services to include:
•Identification and marking of existing utilities.
•Verification of utility location and characteristics.
•SUE services will be completed at the proposed mast arm locations at Fountains W Blvd.
The purpose of the SUE work is to locate and identify conflicts between the proposed
foundation and existing underground utilities. VHB will provide an alternate location,
should conflicts be found during the process until a clear hole is located; if conflicts are
unavoidable due to the density of underground utilities, VHB will communicate with the
utility companies for a feasible conflict resolution.
Geotechnical Engineering
VHB will contract with Nadic Engineering Services, Inc. (Nadic) to explore subsurface conditions
for the proposed improvements. The geotechnical engineer will conduct the soil borings at the
proposed mast arm pole foundations at Fountains W Blvd. Once the soil is analyzed, the
subconsultant will provide a soils report for the project. The subconsultant’s report will
characterize the subsurface soil conditions which will then be used to compare with FDOT
standard design soil conditions. Sub-standard soil conditions will require a special foundation
design. The subconsultant will provide foundation design and construction recommendations
based on the properties encountered.
2.0 Contract Documents
Final Engineering Plans
VHB will develop the engineering design plans detailing the improvements to Clarcona Ocoee
Road at Fountains W Blvd. The contract documents will provide roadway, signalization, signing
and pavement markings, utility adjustment sheets (if necessary), and maintenance of traffic plans
for the proposed improvements.
The design plans will be prepared on 11” x 17” half size sheets.
Appendix “B” (Page 3 of 3)
Deliverables:
•30% Plans Submittal
•75% Plans Submittal
•90% Plans Submittal
•Final Signed and Sealed Plans Submittal
SCHEDULE
VHB will begin performance of the above services on the date written authorization to proceed is
received.
VHB will complete the tasks described above and provide final contract documents within 6
months of notice to proceed.
Appendix “C” (Page 1 of 2)
Appendix “C”
Good Faith Estimate and Itemization of Intersection Project Costs
Appendix “C” (Page 2 of 2)
Good Faith Estimate and Itemization of Intersection Project Costs (cont.)