HomeMy WebLinkAboutFlorida Department of Transportation Joint Participation Agreement (Utility Installation by Highway Contractor & Construction Modification Agreement) - 1993 rte_
!U), CITY OF WINTER SPRINGS, FLORIDA
1954 ,' 1126 EAST STATE ROAD 434
_.' WINTER SPRINGS, FLORIDA 32708-2799
�` Telephone(407) 327-1800
November 11, 1993
Ann S. Turner
Staff Assistant
District Utility Section
Florida Dept. of Transportation
719 S. Woodland Blvd. M.S. 2-546
DeLand, FL 32720-6800
Re: WP#5117664
WP#5117657
Section 77070-6517; State Road 434/419; FAP#N/A
Section 77070-6516; State Road 434 ; FAP#N/A
County Seminole ; Parcel #1 ;
From Tuskawilla Rd to Eastern Beltway
From SR 419 to East of Tuskawilla Rd.
Dear Ms. Turner:
Per your letter of September 10, 1993, regarding the above listed
projects, enclosed please find the agreements which have been initialed
by Mayor Philip A. Kulbes.
Upon execution of the documents, please return to this office.
Yours truly,
CITY OF WINTER SPRINGS
Mary T. Norton,
City Clerk
Enc.
CITY OF WINTER SPRINGS, FLORIDA
IrcorporaEe.i't, Jj
i9'4 i 1126 EAST STATE ROAD 434
F��Rti�p' WINTER SPRINGS, FLORIDA 32708-2799
Telephone(407) 327-1800
C E R T I F I C A T I O N
STATE OF FLORIDA)
COUNTY OF SEMINOLE)
I, Mary T. Norton, City Clerk of the City of Winter Springs, Florida,
hereby certify that the attached copy of Resolution No. 707 is a true copy
of the document as it appears on file in my office.
Given under my hand and the corporate seal of the City of Winter
Springs, Florida, affixed this 20th day of May, 1993.
A4:ts Fr 7
Mary T. Norton, City Clerk
CORPORATE SEAL
I
I
J
RESOLUTION NO. 7 7
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING
THE MAYOR, PHILIP A. KULBES, TO ENTER INTO A JOINT PARTICIPATION
AGREEMENT, ON BEHALF OF THE CITY OF WINTER SPRINGS, FLORIDA, WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND AUTHORIZING THE
PLACING OF FUNDS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE COMPLETION OF THE UTILITY INSTALLATION; CONFLICTS AND EFFECTIVE
DATE.
WHEREAS, the State of Florida Department of Transportation proposes to
construct or reconstruct a part of State Road 434/419; and
WHEREAS, the State of Florida Department of Transportation has requested
the City of Winter Springs, Florida to execute and deliver to the State of
Florida Department of Transportation a Joint Participation Agreement for
Utility Installation by Highway Contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA:
SECTION I - That Philip A. Kulbes, Mayor, be hereby authorized and
directed to execute and deliver to the State of Florida Department of
Transportation a Joint Participation Agreement for the adjustment, relocation,
and/or installation of a certain utility facilities on State Road 434/419,
Section 77070-6517; WPI No. 5117664; Seminole County; Parcel 1.
SECTION II - That a certified copy of this Resolution be forwarded to
I
the State of Florida Department of Transportation along with the executed
Joint Participation Agreement.
SECTION III - All resolutions or parts of resolutions in conflict with
this resolution are hereby repealed.
SECTION IV - This Resolution shall take immediate effect upon its
passage and approval.
Passed and adopted this 2_A��day of 1993.
IT F WINTER SPR IGS, FLORIDA
IT
P� LIP A. LBES,2 MAYOR
ATTEST:
710-010-82 Form:OGC-0007
(12/91) (11/91)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
UTILITY INSTALLATION BY HIGHWAY CONTRACTOR
(Municipal)
WPI NO. PROJECT NO. STATE ROAD NO. COUNTY PARCEL FAP NO
5117664 77070-6517 434/419 Seminole 1 N/A
THIS AGREEMENT, made and entered into this day of , 1993,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred
to as the DEPARTMENT, and the CITY OF WINTER SPRINGS_ , a municipal corporation,
hereafter referred to as the CITY.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a
portion of the State Highway System designated by the DEPARTMENT as State Project No.
77070-6517, Road No. SR 434!419 from Tuskawilla Road to Eastern Beltwav which
shall call for the adjustment, relocation and/or installation of CITY facilities along,
over and/or under said highway; and
WHEREAS, the plans for the said construction, reconstruction or other changes to
be made, as above described, have been reviewed by the DEPARTMENT and the CITY, said
above described utility relocation hereinafter designated as "Utility Work"; and
WHEREAS, the term "Cost of Utility Work" shall include the entire amount paid by
the CITY properly attributable to such work; and
WHEREAS, the CITY has expressed its desire to assume all costs incurred by this
"Utility Work" and has requested the DEPARTMENT to include in said Project certain
plans and specifications to meet the CITY'S needs; and
WHEREAS, the DEPARTMENT and the CITY have determined that it would be to the best
interest of the general public and to the economic advantage of both parties to enter
into a JOINT PARTICIPATION AGREEMENT providing for such work; and
WHEREAS, , the CITY, by Resolution 717. _, dated r-xil 26 T_., 1993, a
copy of which is attached hereto and made a part hereof, has authorized the Ma=1
Phi 1 i p A_ _Xul hec to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained,
it is agreed by the parties as follows:
1. The DEPARTMENT and the CITY shall participate in a JOINT PROJECT, the scope
of which will cover only CITY utility facilities within the limits of the project as
included in the plans and estimate of the highway contract, more specifically described
as relocation of existing water lines and the installation of 24" steel casing_. The
estimated cost of said project is $181,387.00 including allowances.
Page 1 of 5
710-01482 Form:OGC-0007
(12191) (11191)
2. The CITY will prepare, at its expense, the design and plans for all of the
CITY'S necessary "Utility Work" specified above, and will furnish to the DEPARTMENT no
later than June 30, 1993, complete original plans on standard size sheets (24" X 36"),
all suitable for reproduction by the DEPARTMENT, together with a complete set of
specifications covering all construction requirements for the "Utility Work". Final
"Utility Work" plans shall be complete in every detail and will include a "Summary of
Quantities" sheet. It will be the responsibility of the CITY to coordinate the
development of the "Utility Work" plans with the DEPARTMENT'S highway plans and any
other Utility's planned or existing facilities. The DEPARTMENT, upon request by the
CITY, will furnish all available highway information required by the CITY for the
development of the "Utility Work" plans, and the DEPARTMENT shall cooperate fully with
the CITY to this end:
3. All of the work on the JOINT PARTICIPATION is to be done according to the
plans and specifications of the DEPARTMENT which plans and specifications are, by
reference hereto, made a part hereof. The CITY will be responsible for verifying the
accuracy of the DEPARTMENT'S underground survey information, and will also be
responsible for any changes to the CITY'S plans made necessary by errors or omissions
in the DEPARTMENT'S survey information as furnished to the CITY. All errors,
omissions, or changes in the design of the CITY'S "Utility Work" will be the sole
responsibility of the CITY. In any conflict between CITY and DEPARTMENT
specifications, the DEPARTMENT'S specifications will govern.
4. The CITY, at its expense, will furnish all engineering inspection, testing and
monitoring of the "Utility Work", and will also furnish the DEPARTMENT'S engineer with
progress reports for diary records, approved quantities and amounts for weekly, monthly
and final estimates. All field survey control for the "Utility Work" will be furnished
by the CITY under the supervision of the DEPARTMENT'S engineer. The coordination of
the CITY'S "Utility Work" with that of the highway contractor and other utilities
and/or their contractors will be the responsibility of the DEPARTMENT, and the CITY
shall cooperate fully in this matter. All information required for Changes or
Supplemental Agreements pertaining to the CITY'S "Utility Work_" shall be promptly
furnished to the DEPARTMENT by the CITY upon the request of the Department.
5. The DEPARTMENT will provide the necessary engineering supervision to assure
construction is in compliance with the plans and specifications hereinabove referred
to, and shall receive all bids for and let all contracts for said "Utility Work" all
at the sole expense of the CITY. All bids for said "Utility Work" shall be taken into
consideration in the award of bid on the Highway Job and the CITY shall have the right
to reject any and all bids on the "Utility Work" if said bids exceed the CITY'S
estimated cost by more than ten percent (10%) . In the event of rejection of bids for
the "Utility Work", the highway contract documents will be so amended prior to award
and the CITY will, at its expense, arrange for the prompt construction of the "Utility
Work", and will cooperate with the DEPARTMENT'S contractor to schedule the sequence of
their work so as not to unnecessarily delay the work of the DEPARTMENT'S contractor,
defend any legal claims of the DEPARTMENT'S contractor due to delays caused by the
permittee's failure to comply with their relocation schedule, and shall comply with all
provision of the law and Rule 14-46, Florida Administrative Code. The CITY shall not
be responsible for delays beyond its normal control.
6. All adjustments, relocations, repairs and incidentals required to be performed
to the existing CITY utilities within this project, not included in this contract, will
be the sole responsibility of the CITY, and will be handled under a separate agreement
and utility relocation schedule. All such work is to be coordinated with the
construction of this project and in a manner that will not cause delay to the highway
contractor.
Page 2 of 5
710.010-82 Fes:0CC-00m
(12/91) (11191)
7. All services and work under the construction contract shall be performed to
the satisfaction of the DISTRICT DIRECTOR OF OPERATIONS, and he shall decide all
questions, difficulties and disputes of whatever nature, which may arise under or by
reason of such contract for "Utility Work"; the prosecution and fulfillment of the
services thereunder, and the character, quality, amount and value thereof; and his
decision upon all claims, questions and disputes thereunder shall be final and
conclusive upon the parties hereto.
8. The CITY agrees that it will, at least seven (7) days prior to the
DEPARTMENT'S advertising the project for bid, furnish the DEPARTMENT an advance deposit
estimate of $181,387.00 for full payment of project cost for project 77070-6517. Said
deposit estimate should be the total estimated project cost plus allowances ( 7.5% FDOT
C.E.A. Costs ). If the accepted bid amount plus allowances is in excess of the deposit
amount, the CITY will provide an additional deposit within fourteen (14) calendar days
or prior to posting the bid, which ever is earlier, so that the total deposit is equal
to the bid amount plus allowances. If the accepted bid amount plus allowances is less
than the deposit amount, the DEPARTMENT will refund the amount that the deposit exceeds
the bid amount plus allowances if such refund is requested by the CITY. The
DEPARTMENT may utilize this deposit for payment of the project (77070-6517) . Both
parties further agree that in the event final billing pursuant to the terms of this
agreement is less than the advance deposit, a refund of an excess will be made by the
DEPARTMENT to the CITY; and that in the event said final billing is greater than the
advance deposit, the CITY will pay the additional amount within forty (40) days from
the date of the invoice.
The payment of funds as required. above will be made as follows (choose one)"
Directly to the DEPARTMENT for deposit into the State Transportation Trust
Fund.
XX Deposit as provided in the attached Memorandum of Agreement between CITY,
DEPARTMENT and the State of Florida Department of Insurance, Division of Treasury.
The provisions of this section have preference over any other provision of this or any
other related contract.
9. Upon completion and acceptance of the work, the CITY shall own, control,
maintain, and be responsible for all CITY utility facilities involved, according to the
terms of the utility permit. The CITY further agrees that it will maintain and keep
in repair, or cause to be maintained and kept in repair, all of such constructed
facilities or utilities within the right of way of said State Road, to comply with all
provisions of law and of the DEPARTMENT's regulations pertaining thereto.
10. The CITY covenants and agrees that should the DEPARTMENT allow the CITY to
place out of service rather than remove the utility facilities presently in existence,
the CITY agrees that it will indemnify and hold harmless the DEPARTMENT and all of the
DEPARTMENT'S officers, agents and employees from any claim, loss, damage, costs, charge
or expense which may arise as a result of the placing out of service the utility
facilities including, but not limited to causes arising out of any future removal of
the said utility facilities by the CITY or entity other than the CITY. The CITY also
agrees to adhere to all applicable required federal, state and local laws, regulations,
or authorities.
11. The CITY eevenants and agEeee that -it sh-R, , to the --,.__t _ t d by ,
defend, save and held harmless tire-DEP IIE?vP €rem anyanda:JJ: legal aetlens, elaims
legal entity agalnsl= the BEPARTmENT arising eut e€ the
#tom^g t T #u_ _e_._
�-.---�,y—�?�--61T3E or use by GI�i� e€ t--- ,_`_�
"ilti 11�-- weelf". ' r-___-
Page 3 of 5
710-01M2 Form:OCC-0007
(12191) (11191)
12. Upon final payment to the contractor for the entire project, the DEPARTMENT
shall, within one hundred eighty (180) days furnish the CITY with two (2) copies of its
final and complete billing of all cost incurred in connection with the work performed
hereunder, such statement to follow as closely as possible the order of the items
contained in the job estimate. The final billing shall show the description and site
of the project; the date on which the first work was performed or the date on which the
earliest item of billed expense was incurred; the date on which the last work was
performed or the last item of billed expense was incurred; and the location where
records and accounts billed can be audited. All cost records and accounts shall be
subject to audit by a representative of the CITY within three (3) years after final
billing by the DEPARTMENT to the CITY. In the event final cost is less than the
advance payment, the DEPARTMENT will refund the balance to the CITY. If the final cost
exceeds the advance payment, the CITY will be invoiced for the balance. Upon receipt
of the final invoice, the CITY agrees to reimburse the DEPARTMENT in the amount of such
actual cost within forty (40) days. The CITY shall pay an additional charge of 1% per
month on any invoice not paid within the time specified in the preceding sentence until
the invoice is paid.
in the event it beeemes neeeeBary fer the DEPARTMENT te Institute suit fer the
enfereereent ef the previsleas of this AGREEMENT, the GIT--- --hall tivey ,S
the nc+nrnmvc+�rm �. 7 �.. v4-
13.
reaeeeable atterne�fees and eeurt eesto if ��;'��
13. The CITY shall pay the DEPARTMENT'S reasonable attorneys' fees and court
costs if the DEPARTMENT prevails in litigation for the enforcement of the provisions
of paragraphs 1, 8 and 12 of this. Agreement.
14. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters
contained herein, and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, it is agreed that no deviation from the terms hereof
shall be predicated upon any prior representation or agreements whether oral or
written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
15. This Agreement shall be governed, interpreted and construed according to the
laws of the State of Florida.
16. If any part of this Agreement shall be determined to be invalid or
unenforceable by a court of competent jurisdiction, or by any other legally constituted
body having the jurisdiction to make such determination, the remainder of this
Agreement shall remain in full force and effect provided that the part of the Agreement
thus invalidated or declared unenforceable is not material to the intended operation
of this Agreement.
Page 4 of 5
a
710-010-82 Form:OGC_0007
(12/91) (11/91)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers, and their official seals hereto affixed, the day and
year first above-written.
CITY: ITI OF NT SPRINGS
BY: `.
__ (SEAL)
Philip A. Kulbes
(Titl : mayor )
ATTEST: �LGn t }
Mary T. Norton
(Title: _ City Clerk )
STATE OF FLORIDA - DEPARTMENT OF TRANSPORTATION
Utility Review: Date 5Z
BY: h
District ti it Engineer
STATE OF FLORIDA - DEPARTMENT OF TRANSPORTATION
Legal Review: Date
BY:
Attorney - FDOT
STATE OF FLORIDA - DEPARTMENT OF TRANSPORTATION
BY: (SEAL)
Robert H. Cortelyou
(Title: District Director of Production)
ATTEST:
(Title: )
Page 5 of 5
MEMORANDUM OF AGREEMENT
EXHIBIT "A"
THIS AGREEMENT, made and entered into this , day of ,
1993, by and between the State of Florida, Department of Transportation, hereinafter
referred to as "DOT" and the State of Florida, Department of Insurance, Division of
Treasury, hereinafter referred to as "TREASURY" and the CITY OF WINTER SPRINGS,
hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "DOT" is currently constructing the following project:
State Project No: 77070-6517
F.A.P. No. : N/A
W.P.I. No. : 5117664
County: Seminole
hereinafter referred to as the "Project".
WHEREAS, DOT and the PARTICIPANT entered into a Joint Project Agreement
dated , 19_ wherein DOT agreed to perform certain work on behalf
of the Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the
best interest of the DOT and the Participant if an escrow account were established to
provide funds for the additional work performed on the Project on behalf of the
Participant by DOT.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein the parties agree to the following:
1. An initial deposit in the amount of $181,387.50 (7.5% F.D.O.T. C.E.A.
Costs) will be made by the Participant into an escrow account. Said escrow account
will be opened by DOT on behalf of the Participant in the name of the Florida
Department of Transportation with the Department of Insurance, 'Division of Treasury,
Bureau of Collateral Securities upon receipt of this Memorandum of Agreement. Such
account will be opened and shall be deemed to be an asset of DOT.
2. Other deposits will be made only by the Participant as necessary to cover the
cost of the UTILITY work prior to the execution of any Supplemental
Agreements.
3. All deposits shall be made payable to the Department of Insurance; Revenue
Processinci and mailed to the DOT'S Office of Comptroller for appropriate processing at
the following address:
Florida Department of Transportation
Office of Comptroller (M.S. 42)
605 Suwannee Street
Tallahassee, Florida 32399-0450
ATTN: JPA Coordinator
A copy of the Agreement shall accompany the deposits.
1 of 2
4. The DOT's Comptroller and/or his designees shall be the sole signatories on
the escrow account with the Department of Insurance and shall have sole authority to
authorize withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated
in the escrow account shall remain in the account for the purposes of the project as
defined in the JPA.
6. The Treasurer agrees to provide written confirmation of receipt of funds to
the DOT.
7. The Treasurer's Office further agrees to provide periodic reports to the DOT.
PARTICIPANT:
i p ,
(Tit e: Mayor
ADDRESS: 11_6 East S. R. 434
__Winter Springs, FL 32708
PARTICIPANT'S FEDERAL TAX I.D. # 59-1026364
STATE OF FLORIDA STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF INSURANCE
COMPTROLLER DIVISION OF TREASURY
2 of 2
FORk ,NO.. 723-25A-M
9/87
Page 1 of 3
I.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION MODIFICATION AGREEMENT
( MUNICIPAL)
WPI NO. PROJECT NO. STATE ROAD NO. COUNTY PARCEL FAP NO.
5117657 77070-6516 434 Seminole #1 N/A
THIS AGREEMENT, made and entered into this �� day of _ _ ,
199 LL, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
called the DEPARTMENT, and the CITY OF WINTER SPRINGS, a municipal corporation,
hereinafter referred to as the CITY.
WITNESSETH:
WHEREAS, the DEPARTMENT is constructing, reconstructing, or otherwise changing
a portion of the State Highway System, designated by the DEPARTMENT as Job No. 77070-
6516, Road No. 434, between SR419 and East of Tuskawilla Road, which shall call for the
adjustment, change or relocation of certain facilities and/or utilities owned by the
CITY (whether within the corporate limits thereof or not) and located within the right
of way of said highway,
AND WHEREAS, the proposed said construction, as above described, has been
reviewed by the DEPARTMENT and the CITY and said above-described adjustment, change or
relocation work hereinafter be designated as "Utility Work,"
AND WHEREAS, the CITY has expressed its desire to assume all costs incurred by
this "Utility Work" and has requested the DEPARTMENT to include in said Job certain
plans and specifications to meet the CITY'S needs,
AND WHEREAS, the DEPARTMENT and the CITY have determined that it would be to the
best interest of the general public and to the economic advantage of both parties to
enter into a JOINT PROJECT providing for such work,
NOW, THEREFORE, the premises considered, and in consideration of the sum of One
Dollar each to the other in hand paid, the receipt whereof is hereby acknowledged, and
in further consideration of the mutual covenants hereinafter contained, it is agreed
by the parties as follows:
1. The DEPARTMENT and the CITY shall participate in a JOINT PROJECT, the scope
of which will cover only CITY utility facilities within the limits of the project as
included in the plans and estimate of the highway contract, more specifically described
as the installation of 24" steel casings at three locations.
2. All of the work on the JOINT PROJECT is to be done according to the plans and
specifications of the DEPARTMENT which plans and specifications are, by reference
hereto, made a part hereof. The CITY will be responsible for verifying the accuracy
of the DEPARTMENT'S underground survey information, and will also be responsible for
any changes to the CITY'S plans made necessary by errors or omission in the
DEPARTMENT'S survey information as furnished to the CITY. All errors, omission, or
changes in the design of the CITY'S "Utility Work" will be the sole responsibility of
the CITY. In any conflict between CITY and DEPARTMENT specifications, the DEPARTMENT'S
specifications will govern.
Form 723-25A-,M
9/87
Page 2 of 3
3. All adjustments, relocations, repairs and incidentals required to be performed
to the existing CITY utilities within this project, not included in this contract, will
be the sole responsibility of the CITY. All such work is to be coordinated with the
construction of this project and in a manner that will not cause delay to the highway
contractor.
4. All services and work under the construction contract shall be performed to
the satisfaction of the DEPARTMENT'S Director, Division of Construction, and he shall
decide all questions, difficulties and disputes of whatever nature, which may arise
under or by reason of such contract for "Utility Work," the prosecution and fulfillment
of the services thereunder, and the character, quality, amount and value thereof; and
his decision upon all claims, questions and disputes thereunder shall be final and
conclusive upon the parties hereto,
5. The CITY agrees that it will, prior to the award of the contract, furnish the
DEPARTMENT an advance deposit estimated at $18,000.00 for the payment of said "Utility
Work". The actual amount of deposit will be determined by the DEPARTMENT upon receipt
of the contract bids. The DEPARTMENT may utilize this deposit
for the payment of "Utility Work". Both parties further agree that in the event the
final billing pursuant to the terms of paragraph 8 is less than the advance deposit,
a refund of any excess will be made by the DEPARTMENT to the CITY; and that in the
event said final billing is greater than the advance deposit the CITY will pay the
additional amount within forty (40) days from date of the invoice.
6. Upon completion and acceptance of the work, the CITY shall own, control,
maintain and be responsible for all CITY utility facilities involved, according to the
terms of the standard permit required by the State Statutes for occupancy of public
rights of way. The CITY further agrees that it will maintain and keep in repair, or
cause to be maintained and kept in repair, all of such constructed facilities or
utilities within the right of way of said State Road, to comply with all provision of
law and of the DEPARTMENT'S manual with amendments and specifications for traffic
control routing and parking and to conform with the regulations of the DEPARTMENT
pertaining thereto.
4. The GITY shall defend, save and held harmless the DEPA4VTMENT from any and
legal aetlens, elaims er demands by any perBea or legal entity against the DEPARTMENT
8. Upon completion of the work, the DEPARTMENT shall, within one hundred eighty
(180) days furnish the CITY with two (2) copies of this final and complete billing of
all cost incurred in connection with the work performed hereunder, such statement to
follow as closely as possible the order of the items contained in the job estimate.
The final billing shall show the description and site of the project; the date on which
the first work was performed; the date on which the earliest item of billed expense was
incurred; the date on which the last work was performed or the last item of billed
expense was incurred; and the location where the records and accounts bill can be
audited. Adequate reference shall be made in the billing to the DEPARTMENT'S records,
accounts or other revellent documents. All cost records and accounts shall be subject
to audit by a representative of the CITY within three (3) years after final billing by
the DEPARTMENT to the CITY. In the event final cost is less than the advance payment,
the DEPARTMENT will refund the balance to the CITY. In the event final cost exceeds
the advance payment, the CITY will be invoiced for the balance. Upon receipt of the
final invoice, the CITY agrees to reimburse the DEPARTMENT in the amount of such actual
cost within forty (40) days. The CITY shall pay an additional charge of 1% per month
on any invoice not paid within the time specified in the preceding sentence, until the
invoice is paid.
In the—e�-p� }� beeemes neeessa��€er- the DEPARTMENT to instit4tte eult €ems
—._f -:_ L _f the -Pns�cxi gin»a of this P. , '
9. The CITY will inform the Departments's appropriate Resident Engineer in
writing when they start or resume work on the project.
FORM NO. 723-25A _M
9/87
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their duly authorized officers, and their official seals hereto affixed, the day and
year first above written.
CITY: Y OF WINTER SPRINGS
BY: (SEAL)
(Title: 41A�e_4 )
ATTEST•
(Title:
STATE OF FLORIDA - DEPARTMENT OF TRANSPORTATION
Utility Review: Date
BY: P—
Distri t it Engineer
STATE OF FLORIDA - DECPARTMENTr�OF TRANSPORTATION
Legal Rcew: Date "[ Vl
BY:
Attorney) FDOT
STATE *"FLORID - D NT OF TRANSPORTATION
BY: G (SEAL)
Robert H, ortelyou
(Title: Distric Director of Production)
ATTEST: V
(Title: ,Z,-1,C Q � C�� ��\r%i )
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l 21 1994 !Y1!? YK.11t UPyAM - CUTUFI- DAM 06/10/94
FLORIDA. ! - DEPARTMENT OF TRANSPORTATION
IAWTOff CHILES REN G.WATTS
GOVER14OR '� SECRETARY
�+ /fdTT91
.s_w(1 ''A6�tii
719 S. Woodland Blvd. MS 2-546 ���sp
DeLand, FL 32720-6800 JAN 1 9 1995'
(904) 736-5045 (Fax)
January 13, 1995 CITY OF WINTER SPRING:
City Manager
Mr. Mark Jenkins
City Engineer
City of Winter Springs
1126 East SR 434
Winter Springs, FL 32708
Re: WP# 5117657
Section 77070-6516; State Road 434; FAP# N/A
County Seminole Parcel #1 t R/W - NJ A_
From SR 419 to East of Tuskawilla Road
Dear Mr. Jenkins:
Enclosed is the executed Construction Modification Agreement in the
amount of $18, 000.00 with supporting documents for the above
referenced project. The attached Work Order Change No. 1 in the
amount of $10, 079.00 reflects the adjusted cost of proposed work
based on the final plans and estimate. Therefore, the total
adjusted amount of the Joint Participation Agreement/Construction
Modification is now $28,079.00.
You will be notified of the Pre-Construction Conference by the
Project Engineer for the purpose of coordinating your utility
facilities with that of the projects construction.
Thank you for your cooperation in concluding this stage of
negotiations. If I can be of any further help to you, I can be
reached at (904) 943-5252.
Sincerely,
Roy L. Brantley
Utility Coordinator `77
RLB/cm �8,Attachment: Agreement & Change Order
cc: P.E. File ��N 1 ' 1995
Fiscal
C-C- ; 1 OE WINTER SPHINGL
G 1,-t VIA 6,#Z {Jn,,{T1( ENG1NEa
"�' 0-4v� C:) I V RECYCLED PAPER
a FORM 710-030-01
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO" Replsa 7M-04
UTILITY WORK ORDER CHANGE NO. 1 Utilities 06-91
WPI NO. PROJECT NO. STATE ROAD NO. COUNTY PARCEL FAP NO.
1, — -
5117657 77070-6516 I 434 Seminole 1 — N/A
City of Winter Springs
A. 1. The Agency is hereby authorized to observe the following changes in the plans
and/or specifications to the subject Utility Agreement, and to perform such work
accordingly, further described as:
This Utility Work Order Change No. 1 is to increase the amount of the estimate
to reflect the final estimated construction cost.
2. The items of work covered by this Work Order Change are referenced to a
Construction Modification Agreement of record dated 4-22-94 and no
Supplemental Agreement is required.
B. 1. The Utility Relocation Work is to conform to that shown by the utility adjust-
ment plans as:
a. ATTACHED
b. XX INCLUDED IN THE HIGHWAY CONTRACT PLANS
2. Reimbursement for the Cost of this Utility Work is to be in accord with the
provisions set forth in Administrative Rule Chapter 14-46 as:
a. XX NON-REIMBURSABLE - Section .01(4) (A)
b. REIMBURSABLE - Section .01(4) (A)
(1) Force Account Method
(2) Lump Sum Method
(3) Third Party Contract Method
(4) X JPA/Construction Modification
ESTIMATED COST OF WORK DUE TO THIS CHANGE
ITEM ITEM UNIT WORK ELIMINATED - ADDITIONAL WORK +
NO PRICE QUANTITY AMOUNT QUANTITY AMOUNT
1. 24" Casing $18,000.00
2. Restrained Joint Pipe
and PVC Pipe $ 28,079.00
Sub-Totals... . .. . . . .. . .. . .. . .. . .. ... ... . .. ... . .. . .. . .$18,000.00 $_28,079.00
Net Cost of Construction Changes, this order . . . . .. . .$18,000.00 $_28,079.00
Cost of Construction Changes, previously ordered.. . ..$ 0.00 $ _0.00
Net Total Cost Construction changes to date. . .. . . . . . . . . . . . . . .. .. . . 10.079.00
Contract Amount. .. . . . ... .. . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . .. . . . . . . . 18,079.00
Estimated Cost of Work Authorized to date... ... ... ... .. . .. . . . . .. . . 28.079.00
Examined as to provisions and participating items of costs:
Recommended 12-30-94 Approve 12-30-94 Approved:
J Date 'Date Date
.✓ 1
J0:00R. Ner6, Sr. Richarc( T or Division Administrator
Diri t Utility Coordinator Distri ty Engineer Federal Highway Administration