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HomeMy WebLinkAboutResolution 706 Joint Participation Agreement RESOLUTION NO. 706 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 77070-1516; WPI No. 5117657; Seminole County, Parcell. 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 SECTION III - All resolutions or parts of resolutions in conflict with this resolution are hereby repealed.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. Passed and adopted this 26th day of April, 1993. CITY OF WINTER SPRINGS PHILIP A. KULBES, MAYOR ATTEST: Mary T. Norton CITY CLERK FORM NO. 723-25A 9/87 Page 1 of 3 WPI NO. PROJECT NO. STATE ROAD NO. COUNTY PARCEL FAP NO. 5117657 434 Seminole #1 N/A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION MODIFICATION AGREEMENT ( MUNICIPAL) THIS AGREEMENT, made and entered into this day of ' 199____, 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. ----- , Road No. 434, between SR 419 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 casinos 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 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 30 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. 7. The CITY shall defend, save and hold harmless the DEPARTMENT from any and all legal actions, claims or demands by any person or legal entity against the DEPARTMENT arising out of the participation of this Agreement by the CITY, or use by the CITY, of the completed "Utility Work". 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. Upon receipt of invoices prepared in accordance with the provision set forth in the Florida Department of Transportation General Audit Manual and any supplements or revisions, etc." The CITY agrees to reimburse the DEPARTMENT in the amount of such actual cost. 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 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: CITY OF WINTER SPRINGS (SEAL) BY: Mayor ATTEST: Mary T. Norton (Title:City Clerk 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) ATTEST: (Title: