HomeMy WebLinkAboutFlorida Department of Transportation Joint Participation Agreement 1997FORM NO. 723-25A.R
9/87
Page 1 of 3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
CONSTRUCTION MODIFICATION
(MUNICIPAL)
WPI NO. PROJECT NO. STATE ROAD NO. COUNTY DOC. NO. FAP NO.
5117664 77070-6518 434 Seminole 2 N/A
THIS AGREEMENT, made and entered into this ~ day of ,
1997, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPOR TI , hereinafter
called the DEPARTMENT, and the CITY OF Winter Springs , a munic' al 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.
77070-6517 Road No. _434 between Tuskawilla Road and the ExAresswav, 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 coats 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 Water_Main, valve and.Fire Hydrant Relocation and Irrigation Line Installation
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 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.
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.
Form 723-25A.R
9/87
Page 2 of 3
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, at least thirty(30) days prior to the
DEPARTMENT'S advertising the project for bid, furnish the DEPARTMENT an advance deposit
estimate of $ 34,606.00 for full payment of project cost for project
(77070-6518 ). Said deposit estimate should be the total estimated project coat plus
allowances ( 2$ FDOT C E A Costa ). 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, whichever 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 ( 77070-6518 ). 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.
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 provisions 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.
7. 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.
8. 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.R
• 9/87
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their du:1y authorized officers, and. their official seals hereto affixed, the day and
year first above written.
CITY:
(SEA])
(Title: PAUL. P. PARTYKA, 1~'IAYOR )
ATTEST•
(Title: MARGO M. HOPKINS, CITY CLERK)
STATE OF FLORIDA - DEPARTMENT OF
Utility Review: Da
BY:
Distri Uti
STATE OF FLORIDA - D PARTMENT OF/TRANSPORTATION
Legal R view: Date [ ~ ~ _
Attorney - FDOT
STATE OF FLG~~$X~~ I,~EP~dQNT OF TRANSPORTATION
BY:
nistrator
o6e H. Cortelyou
~Q, (T'_ D's .ict Director of Production)
ATTEST: v/ a~.«n S6•
(Ti.tle: )
»ate: ~/~~ /~ 7
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S5««~«<c«;S~«««««~««t««««««t~~5~~~~ .
>~ o,~*PV ore Nancy J. Landry ;
~ ~ ~ Notary Public, State of Florida ~ ~,,
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FORM 723-38M
` 1-83
PAGE 1 OF 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CITY RESOLUTION
JOINT PROJECT AGREEMENT
CONSTRUCTION MODIFICATION AGREEMENT
WPI NO. PROJECT NO. STATE ROAD NO. COUNTY DOC. NO. FAP NO.
5117664 77070-6518 434 Seminole 2 N/A
A RESOLUTION AUTHORIZING THE CITY'S .!L ~ ~ ~ e 1. To
ENTER INTO A JOINT PROJECT 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.
WHEREAS, the state of Florida Department of Transportation proposes to construct
or reconstruct a part of State Road 434 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 Project Agreement Construction Modification
Agreement.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
Winter Springs , FLORIDA:
That ~-ame ) ,1 title ~ be hereby authorized and directed
to execute and deliver to the State of Florida Department of Transportation a Joint Project
Agreement for the adjustment, relocation, and/or installation of a certain utility facilities on State
Road 434 , Section 77070-6517
A certified copy of this Resolution be forwarded to the. State of Florida Department of Transportation
along with the executed Joint Project Agreement.
ON MOTION of Council Member , seconded by Council Member
the above resolution was introduced and passed by the City of
Council meeting held on the
ATTEST: ~
City C1 k
~~- n ~,
.'
RESOLUTION NO. _$1$
Attachment No. 1
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING
THE CITY MANAGER 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; 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 Depaztment of
Transportation a Joint Participation Construction Modification Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA:
.~ :-
SECTION I -That Ronald W. McLemore, City Manager, be hereby authorized and
directed to execute and deliver to the State of Florida Department of Transportation a Joint
Participation Construction Modification Agreement for the adjustment, relocation, and/or
installation of a certain utility facilities on State Road 434, Section 77070-6517.
SECTION II - That a certified copy of this Resolution be forwarded to 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.
' e. ,r4
• • •
Passed and adopted this la ~ day of , 1997.
CITY OF WINTER SPRINGS, FLORIDA
~t
PAUL P. PARTYKA, A ~'OR
ATTEST:
.~
City Clerl
r
CERTIFIED COPY
OFFICE OF THE CLERK
CITY OF WI ER RI G~, FL
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FLORIDA
WWTON QDLES
GOVERNOR
Mr. Kip Lockcuff, P.E.
Director of Public Works
City of Winter Springs
110 N. Flamingo Ave
Winter Springs, FL 32708
DEPARTMENT OF TRANSPORTATION
719 S. Woodland Blvd. MS 2-546 nanUSF.flARRY,.1R
Deland, FL 32720-6800 sECRErveY
(904) 736-5045 (Fax)
August 28, 1997
Re: WP# 5117664
Section 77070-6518; State Road 434; FAP# N/A
Coun Seminole ;Document # 2 ; R/W - N/A
From East of Tuskawilla Road to Eastern Beltway
Dear Mr. Lockcuff:
Enclosed is your fully executed Joint Participation /Construction Modification Agreement for
$34,606.00.
Your consultant is working on the fmal negotiated estimate. After review and acceptance the
Department will process a Utility Work Order Change adjusting the estimated cost of the utility
work in the agreement.
Thank you for your cooperation in negotiating this agreement. If you should need additional
information please contact Roy Brantley, District JPA Coordinator at (904)943-5249.
Sincerely,
~~ ~
Ann S. Turner
District Utility
Compliance Coordinator
Attachment: Agreement
cc: P.E. File
Comptroller
alyl 4 ~ ~d~ ~
G r','~,~ clf,k
y
WPI NO. STATE PROJECT NO. STATE RD. COUNTY DOC NO. FAP NO.
S t 17664 77070-6517 434 SEMINOLE 3 NSA
THIS AGREEMENT, made and entered into this ~ ~ day , 1997 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, ere after called the DEPARTMENT, rind
The Cit~of Winter Syrines , A Municipal Corporation, hereinafter referred to as UTILITY OWNER.
WITNESSETH:
WHEREAS, the DEPARTMENT and the UTILITY OWNER heretofore on the 22nd day of December, 1993,
entered into an Agreement whereby the UTILITY OWNER agreed to perform certain services for the DEPARTMENT under
State Job No. 77070-6517 ,
AND WHEREAS, the parties hereto are now desirous of terminating said Agreement,
NOW, THEREFORE, inconsideration of the mutual undertakings as herein set forth, the parties hereto agree as follows:
1. That the UTILITY OWNER and the DEPARTMENT hereby agree to the cancellation and termination of said
agreement and each of the parties hereby releases and discharges the other from any further claims or demands thereunder.
IN WITNESS WHEREOF, the parties hereto hAVe caused these presents to be executed by their duly authorized.officers,
and tlieir official seals hereto affixed, the day and year first above written.
UTII
BY:
ATTEST(s)
(Title: MARGO M' HOPKINS, CITY CLERK ~
Recommend Approval by the District Utility Office
BY:
FDOT Approved as
BY:
DATE: 6
STATE OF FLORIDA
DEPARTMENT O TRANSPORTATION
BY: DATE: ~ ~
Rob t C el ou
(Tit Istr t Dlre or of Production
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ATTEST(s): `~ (~ ~`
(Title:
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< osrpv "GSA Nancy J. Landry ~ '
~ _ c+ 1*;otary Public, State of rlorida ~ ,
<'~ o Corcumssion No. CC 4A5853 ,
~ ~'~'oF e~o~ wty Commission Expires 05/29/99 ~ ;
~ 1-800.3•NDTARY - Fla. Notary Service & Bonding Co. ' ,
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DATE: 7
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