HomeMy WebLinkAbout386-Upsala Road Intersection UPSALA ROAD INTERSECTION CONSTRUCTION AGREEMENT
THIS AGREEMENT is 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
Sanford, a municipal corporation existing by virtue of Florida Law,
whose address is 300 North Park Avenue, Sanford, Florida 32771,
hereinafter referred to as CITY.
WITNESSETH:
WHEREAS, this Agreement is authorized by, and entered into
pursuant to Chapter 163, Florida Statutes, and
WHEREAS, the parties hereto are greatly concerned and vitally
interested in the timely and adequate provision of transportation
facilities in Seminole County and the City of Sanford, and
WHEREAS, the parties hereto have determined that the shared
goal of providing timely and adequate improvements will mutually
benefit the parties, and
WHEREAS, the parties hereto have determined that the desired
intersection improvement can be accomplished with the COUNTY
providing design and construction labor and the CITY providing the
cost of construction materials.
NOW THEREFORE, in consideration of the mutual understandings
and agreements set forth herein, the COUNTY and CITY agree as
follows:
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SECTION 1. RECITALS. The recitals, above, are true and
form a material part of this Agreement.
SECTION 2. P~RPOS~. The purpose of this Agreement is to
establish the terms and conditions for the intersection improve-
ments project known as the Upsala Road Intersection Project at SCL
Railroad Crossing.
SECTION 3. SCOPE OF THE WORK. The COUNTY, with its own
work force, shall be responsible for design and construction of the
intersection improvements in accordance with the COUNTY's construc-
tion standards.
SECTION 4. RESPONSIBILITIES OF COUNTY.
(a) The COUNTY shall prepare all design plans and specifica-
tions, secure all permits, satisfy all conditions and obtain all
materials necessary for the intersection improvements.
(b) The COUNTY, using its own work force, shall provide all
engineering services, construction labor, and equipment necessary
for construction of the intersection improvements.
(c) Upon completion of the intersection improvements, the
COUNTY shall be responsible for maintenance of the intersection
improvements as part of its maintained road system.
SECTION 5. RESPONSIBILITIES OF CITY.
(a) The CITY shall, at its sole expense, provide all right-
of-way necessary for location of roadway drainage facilities or to
'.satisfy environmental or other permit requirements resulting from
the roadway intersection improvements.
(b) The CITY shall pay COUNTY the cost of construction
materials as set forth in Section 7 of this Agreement.
SECTION 6. CONSTRUCTION PLANS. The COUNTY shall be solely
responsible for preparation of all design plans and specifications.
In the event of any change subsequent to the commencement of
construction, the COUNTY shall notify the CITY of any changes
authorized by COUNTY and the related construction materials and
costs.
SECTION 7. CONSTRUCTION COST.
(a) The CITY shall pay COUNTY the cost of construction
materials utilized in completing the intersection improvements.
The final cost shall be determined subsequent to completion of
construction. The CITY shall, prior to commencement of construc-
tion, pay COUNTY a sum equal to the COUNTY design engineer's cost
estimate for the project. The final cost for construction
materials shall be determined subsequent to the completion of
construction to reflect any cost decrease or increase including
cost changes resulting from changes in the plans and specifications
subsequent to the issuance by COUNTY of its design engineer's cost
estimate for the project.
(b) Upon issuance of the COUNTY design engineer's cost
estimate, the CITY shall notify the COUNTY within ten (10) days of
its intent to proceed with the project. If the CITY determines
that the COUNTY design engineer's cost estimate is unacceptable,
then this Agreement shall be terminated and the parties released
from their respective obligations under this Agreement.
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SECTION 8. COMMENCEMENT AND COMPLETION OF WORK.
(a) The COUNTY shall be solely responsible for scheduling the
commencement and completion of the work.
(b) The COUNTY may coordinate the work with other work
projects of the COUNTY and complete the work by whatever method the
COUNTY may deem expedient, provided the work is completed in
accordance with COUNTY construction standards.
SECTION 9. INDEMNIFICATION. Neither party to this Agree-
ment, its officers, employees and agents shall be deemed to assume
any liability for the acts, omissions and negligence of the other
party, its officer's, employees and agents.
SECTION 10. BINDING EFFECT. This Agreement shall be
binding upon and inure to the benefit of the successors in interest
of the parties.
SECTION 11. NON ASSIGNMENT. This Agreement shall not be
assigned by either party.
SECTION 12. CONFLICT. In the event of direct conflict with
the terms of any prior Agreement between the parties hereto, this
Agreement shall prevail.
SECTION 13. EFFECTIVE DATE. This Agreement shall take
effect on the later of the execution dates stated below.
SECTION 14. 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
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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 15. NOTICES. Whenever either party desires to give
notice unto the other, notice may be sent to:
FOR COUNTY
Director, Engineering Department
County Operations Center at Five Points
274 Bush Boulevard
Sanford, Florida 32773
FOR CITY
Director, Engineering Department
Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
Either of the parties may change, by written notice as provided
herein, the addresses or persons for receipt of notices.
IN WITNESS WHEREOF, the parties have hereunto set their hands
as of the dates written below.
ATTEST: CITY OF SANFORD
Date: .-;3- gO
BOARD OF COUNTY COMMISSIONERS
ATTEST: SEMINOLE COUNTY, FLORIDA
By:
MARYANNE MORSE SANDRA S. GLENN, Chairman
Clerk to the Board of
County Commissioners of Date:
Seminole County, Florida
For the use and reliance As authorized for execution by
of Seminole County only. the Board of County Commis-
Approved as to form and sioners in their ,
legal sufficiency. 19 , regular meeting.
County Attorney
HMB/drfe
08-27-90
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