Item 08 Approval of the Interlocal Agreement between Orange County and City of Ocoee Regarding the Thornebrooke Drive Ditch,_'Woee
. ••
AGENDA ITEM COVER SHEET
Meeting Date: November 1, 2022
Item #
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager:
Background Summary:
Orange County and the City have been working together on a solution to address erosion on the County
maintained ditch along the north side of Thornebrooke Drive which is affecting the subdivision wall along
the south side of the City's Meadow Ridge neighborhood. Following several field meetings, and an initial
in-house design by the City, it was determined the most effective solution would be to pipe the ditch to
eliminate erosion of the slopes which were affecting the Meadow Ridge wall. Orange County agreed to
split the cost with the City and an interlocal agreement was drafted. The cost for the work as estimated
by Public Works is $400,000.00. This will provide an exfiltration pipe system to enclose the ditch and
simplify maintenance which will be taken over by the City. Public Works successfully utilized this type of
design to enclose an open drainage ditch along the east side of South Maguire Road in front of the
Thornebrooke Subdivision. The current Stormwater Division budget includes funding for the City's
portion of the work. The City will utilize our continuing service construction term contractors to bid and
complete the work following execution of the agreement by the Board of County Commissioners. Public
Works recommends approval of this agreement.
Issue:
Request the Honorable Mayor and City Commission approve the Interlocal Agreement with Orange
County regarding the Thornebrooke Ditch.
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve the Interlocal Agreement with
Orange County regarding the Thornebrooke Ditch.
Attachments:
Interlocal Agreement with Exhibits.
Financial Impact:
The City has adequately funded the project in the Stormwater Capital Improvements budget.
Type of Item: (please mark with an 'V)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
x Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
Orininal nr)ri imont/(.nntrart Attar hart fnr Fvrari itinn by (.ihi ('.hnrk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( N/A
' 1.
Approved by the Orange County
Board of County Commissioners
,2022
Approved by the City of Ocoee
City Commission
, 2022
INTERLOCAL AGREEMENT
between
COUNTY,ORANGE R ',
and the
CITY of OCOEE, FLORIDA
regarding the
THORNEBROOKE
THIS INTERLOCAL AGREEMENT ("Agreement") 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.
Limbo RUSIAM
WHEREAS, the County has authority pursuant to Section 125.01(l)(p), Florida Statutes, to enter
into agreements with another governmental entity or agency for joint performance, or performance by one
unit in behalf of the other, of any of either entity's or agency's authorized functions;
WHEREAS, the 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;
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, 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, Thornbrooke Road is part of the City street system;
WHEREAS, an open ditch exists adjacent to the northern side of Thornebrooke Road;
WHEREAS, the County has drainage easement over the ditch, recorded at Deed Book, Page 405,
and Deed Book 411, Page 406;
WHEREAS, the ditch has been subject to and susceptible to erosion;
WHEREAS, the County and the City have determined that installation of a pipe in the ditch will
address and alleviate issues relating to erosion;
WHEREAS, the County and the City therefore desire to cooperate in designing, permitting, and
installing a pipe in the ditch for the mutual benefit of the citizens and residents of the City and the County,
according to the terms and conditions of this Agreement;
WHEREAS, the County and the City concur that the pipe improvements will be most efficiently
and expeditiously completed if the County and the City partner to fund such improvements, and if one party
designs, permits, bids, and installs the pipe improvements;
WHEREAS, therefore, this Interlocal Agreement is intended to set forth the terms and conditions
relating to the design, permitting, bidding and installation of the pipe in the ditch;
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WHEREAS, furthermore, this Interlocal Agreement is intended to acknowledge that the City will
operate and maintain the ditch and the pipe, subject to the County having the right to access the ditch and
the pipe during emergency situations.
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. Pipe Project; Costs; Good Faith Estimate; Parties' Shares of Costs.
(a) Pipe Project. The County and the City agree to improve the Thornebrooke Road ditch by
having the City design, permit, bid, and install a thirty inch (30") diameter perforated pipe in the ditch
("Pipe Project"). The design of the Project shall be consistent with Appendix "A" attached hereto and
incorporated herein by reference.
(b) Costs. All actual design, permitting, construction and related costs for the Pipe Project
shall be deemed "Project Costs."
(c) Good Faith Estimate. The parties' good faith estimate of the Project Costs is Three
Hundred Ninety -Five Thousand and One HUndred Eighty -Six Dollars ($395,186.00), and an itemization of
those costs is set forth in Appendix "B" attached hereto and incorporated herein by reference.
(d) Parties' Shares of Costs. The County shall be responsible for fifty percent (50%) of the
Project Costs, or One Hundred Ninety -Seven Thousand and Five Hundred Ninety -Three Dollars
($197,593.00), whichever is less. The City shall be responsible for the balance of the Project Costs, even if
the City's share ultimately exceeds One Hundred Ninety -Seven Thousand and Five Hundred Ninety -Three
Dollars ($197,593.00).
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Section 3. City's Responsibilities for the Project.
(a) Project Management. The City shall be responsible for designing, obtaining necessary
permits, bidding, managing and constructing the Pipe Project within the Drainage Easement.
(b) Invoices. Before the County makes any payment for the Pipe Project pursuant to Section
4, the City shall provide the County with a copy of the invoice for such payment, for the County's review
and approval.
(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 the Pipe 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 fimds
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 Pipe 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 Pipe 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 ►nethod 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) 'Third Party Contract. Before entering into any contract with a third party for the
design, permitting, and installation of the pipe, the City shall send the County a copy of the proposed
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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 the fully executed contract 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) Timeline for Project. The City shall make a good faith effort to ensure that the final
design plans for the Project are completed within six (6) months from the effective date of this Agreement,
and that construction of the Intersection Project is completed within twelve (12) months from the County's
approval of the final design plans.
(f) Delays, overruns, etc. The City shall timely communicate to the County any material
delays, cost overruns, and substantive issues that may arise throughout the Project. Notwithstanding any
cost overruns, the County's share of the total Intersection Project Costs shall not exceed fifty percent (50%)
of the Project Costs, or One Hundred Ninety -Seven Thousand and Five Hundred Ninety -Three Dollars
($197,593.00), whichever is less.
(g) County's Right to Inspect. The County shall have the right, at its discretion, to inspect
the Project throughout the construction phase.
(h) Completion of Project. The City shall ensure that the Project is completed pursuant to
the approved final design plans, as may be modified when agreed by the parties. Upon completion of the
Project, the City's Public Works Director shall promptly so notify the County's Public Works Director.
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The completion date of the Intersection Project shall be the date when the County's Public Works Director
accepts such completion.
Section 4. County's Responsibilities for Project.
(a) Payment Schedule. Upon the City issuing a Notice to Proceed to the construction
contractor and issuing the County an invoice, the County shall, within thirty (30) days' notice, pay the City
one-half of the Project Costs, which one-half amount shall not exceed the County's $197,593.00 maximum
contribution. Thereafter, for any change orders or construction 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 $197,593.00 maximum contribution.
(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 Project,
including but not limited to a right -of -entry permit. 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 so authorized under this Agreement,
the parties shall attempt to reach agreement on 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 5. Responsibility for Operation and Maintenance of Pipe and Ditch.
Upon completion of the Project, the City shall be responsible for operating and maintaining the
pipe and ditch, subject to the County having the right to access the ditch and the pipe during emergency
situations.
Section 6. General Provisions.
(a) Validity. The County and the 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
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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.
(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's 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's 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, and its appendixes, constitutes the entire agreement
of the parties with respect to the subject matters of this Agreement. Therefore, 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 only 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.
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(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 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 at 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
Phone: (407) 836-7370
Telecopy: (407) 836-7399
If to the City: Robert D. Frank
City Manager
City of Ocoee
1 North Bluford Avenue
Ocoee, Florida 34761
Phone: (407) 905-3111
Email: rfrank@ocoee.org
Telecopy: (407) 905-3118
With a copy to: Scott Cookson
City Attorney
1000 Legion Place #1700
Orlando, Florida 32801
Phone: (407) 581-9800
Email: scookson@shuffieldlowman.com
Telecopy: (407) 581-9801
E?
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.
(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.
Section 6. Effective Date. This Agreement shall take 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 Agreement as of the dates
written below.
ORANGE COUNT', FLORIDA
By: Board of County Commissioners
C
Jerry L. Demings
County Mayor
Date: , 2022
ATTEST: Phil Diamond, CPA, County Comptroller,
as Clerk of the Board of County Commissioners
LIM
Deputy Clerk
Print Name:
I
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 52022
By:
Scott Cookson, City Attorney
CITY OF OCOEE, FLORIDA
By: City Commission
Date:
Rusty Johnson, Mayor
2022
APPROVED BY THE OCOEE
CITY COMMISSION AT A MEETING
HELD ON 2022
UNDER AGENDA ITEM NO.
s:Ajprinsell\agrcnt\interlocal agreement with ocoee for piping of thornebrooke rd. ditch - 08-01-22.docx
10
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