HomeMy WebLinkAboutFlorida Department of Transportation Utility Installation Agreement 1994 12 12
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710-010-83.R
(12/91)
Form: OGC-0007.R
(11/91)
STATE OF FLORIDAD~PARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
UTILITY INSTALLATION BY HIGHWAY CONTRACTOR
(Municipal)
WPI NO. PROJECT NO. STATE ROAD NO. COUNTY PARCEL FAP NO.
5117657 77070-6517 SR 434 Seminole 2
THIS AGREEMENT, made and entered into this 12 t h day of De c em be r ,
19~, 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,
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 State proj ect
No. 77070-3516, Road No. 434 between SR 419 and 1300 feet east of Tuskawilla. Road which
shall call for the adjustment, relocation and/or installation of CITY facilities along,
over and/or under said highwaYi 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"i 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 707, dated April 26, 1993 a copy of which is
attached hereto and made a part hereof, has authorized the Mayor 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 installation and relocation of water main and reuse water main. The estimated cost
of said project i7f.. $-1.a~rJ.8..7....s0-including 'allowancesi and the method of payment is
specified in Exhib.it.t "A" attached ~~ and made a part hereof.
$194,726.00 T
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7l0-010-83.R
(12/91)
Form: OGC-0007.R
(1l/91)
2. The CITY will prepare, at it's 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 December 9, 1994, 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" plansi and the DEPARTMENT shall cooperate fully with
.the CITY to this end.
3. 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.
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 (~O%). 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
provisions 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, repa~rs 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.
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710-010-83.R
(12 /91)
Form: OGC-0007.R
(11/91)
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 ~eto.
$194,726.00 I~ '
8. \he CITY agrees'ihat it will, at least seven (7) days prior to the
DEPARTMENT' advertising the project for bid, furnish the DEPARTMENT an advance deposit
estimate of ;j,8-J...,..J~=l..s.o- for full payment of project cost for project (7707-6517). 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, 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 (77070-6517). 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 said utility facilities'shall forever remain the property and
responsibility of the CITY. The CITY further agrees that it shall reimburse the
DEPARTMENT for any and all costs of any nature resulting from the presence of said out
of service utility facilities within the DEPARTMENT right-of-way and the costs shall
include, but not limited to, the charge or expense which may result from the future need
to remove said facilities. Nothing in this paragraph shall be interpreted to require
the CITY to indemnify the DEPARTMENT for the DEPARTMENT'S own negligence; however, it
is the intent that all other costs and expenses of any nature are the responsibility of
the CITY.
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(11/91) .
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11. The CITY covenants and a~rees that it !:IRall, to the eJttent permittca hy la\:,
defend, sa-..e and hold Rarlflleoo the DEI':l\RTHE!l'l' from any and all le~al actions, claims or
dem:mdo by any peroon or le~:11 entity :1~ainot the DEJ:'MTHENT :1rioing- out of the
p:1rtioipation in thiD 1\greoment by tho CITY or UDe by the CITY of the oompleted "Utility
Work", eJccept for mat tera arioing out of the DEI'.'\RTI1EN'I" I:; neg-li~cncc.
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 costs 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.
13. 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.
14. This Agreement shall be governed, interpreted and construed according to the
laws of the State of Florida.
15. 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.
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7l0-010-83.R
(12/91)
Form: OGC-0007.R
(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 OF W
(SEAL)
SPRINGS II tJ
1-,/~
n F. Bush
itle: Mayor)
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ATTEST: .t1 ig-{:IJ)-~XH . ~I >J/...:v
Ma gO M. Ho kins
(Title: City Clerk)
BY:
STATE OF FLORIDA - DEPARTMENT OF TRANSPORTATION
Utility Review: Date
BY:
District Utility 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)
Date:
ATTEST:
(Title:
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