Loading...
HomeMy WebLinkAboutResolution 707 Joint Participation Agreement RESOLUTION NO. 707 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; 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 SECTION III - All resolutions or parts of resolutions in conflict with this resolution are hereby repealed.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, FLORIDA PHILIP A. KULBES, MAYOR ATTEST: MARY T. NORTON CITY CLERK 71~10-82 (12/91) 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 434/419 Seminole 1 N/A THIS AGREEMENT, made and entered into this day of , 1992, 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. , 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 , dated , 19__, a copy of which is attached hereto and made a part hereof, has authorized the 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 existino water lines and the installation of 24" steel casino . The estimated cost of said project is $181,387.00 including allowances. Page 1 of 5 Form: QOC-0007 (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 Form: OOC-0007 (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"i. 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, with execution of this agreement, forward to the District Utility Engineer's office, a check made payable to the "DEPARTMENT of INSURANCE, REVENUE PROCESSING" for advance payment, including allowances ( 7.5% F.D.O.T. C.E.A. Costs), in the amount of 5181.387.00 for payment of said "Utility Work". In the event that the actual bid amount plus allowances is greater than the amount previously provided, the CITY agrees that, within fourteen (14) calendar days of notification by the DEPARTMENT, it shall make an additional payment so that the total amount provided prior to awarding the bid equals the bid amount plus allowances. Both parties further agree that in the event final billing pursuant to the terms of this agreement is less than the advance payment, a refund of the excess will be made by the DEPARTMENT to the CITY; and that in the event said final billing is greater than the advance payment, 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 (Exhibit A) between CITY, DEPARTMENT and the Florida Department of Insurance, Division of Treasury. 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 covenants and agrees that it shall, to the extent permitted by law, 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 in this Agreement by the CITY or use by the CITY of the completed "Utility Work". Page 3 of 5 Form: OGC-0007 (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 the records and accounts billed can be audited. All cost records and accounts shall be subject to audit by a representative of 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. 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 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. BY: Mayor CITY: CITY OF WINTER SPRINGS (SEAL) ATTEST: Mary T. Norton (Title: City Clerk STATE OF FLORIDA - DEPARTMENT OF TRANSPORTATION Legal Review: Date BY: District Utility Engineer STATE OF FLORIDA - DEPARTMENT OF TRANSPORTATION Utilitiy 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 _, 19_, by and between the state of Florida, Department of Transportation, hereinafter referred to as "DEPARTMENT" and the state of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "TREASURY" and CITY OF WINTER SPRINGS, hereinafter referred to as the "PARTICIPANT". WITNESSETH WHEREAS, "DEPARTMENT" is currently constructing the following project: State project No: W. P . I. No.: N/A 5117664 F.A.P. No.: County: Seminole hereinafter referred to as the "PROJECT". WHEREAS, DEPARTMENT and the PARTICIPANT entered into a Joint Project Agreement (JPA) dated ' 19__ wherein DEPARTMENT 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 DEPARTMENT 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 DEPARTMENT. 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 accout will be opened by the DEPARTMENT 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. Such account will be opened and shall be deemed to be an asset of DEPARTMENT. 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 Processinq and mailed to the DEPARTMENT's 5th District Utility Engineer's Office for for appropriate processing at the following address: Florida Department of Transportation 5th District Utility Engineer 719 South Woodland Blvd. DeLand, Florida 32720 A copy of the Agreement shall accompany the deposits. Page 1 of 3 4. The DEPARTMENT's Comptroller and/or his designees shall be the sole signatories on the escrow account with TREASURY 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 TREASURY agrees to provide written confirmation of receipt of funds to the DEPARTMENT. 7. The TREASURY Office further agrees to provide periodic reports to the DEPARTMENT. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their officials seals hereto affixed, the day and year first above written. BY: Mayor SEAL PARTICIPANT: CITY OF WINTER SPRINGS ATTEST: Mary T. Norton (Title: City Clerk PARTICIPANT 'S FEDERAL TAX I. D. # 59- 1026364 Approved as to form STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION APPROVED BY: Districty Utility Engineer STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER BY: (Title: STATE OF FLORIDA DEPARTMENT OF INSURANCE, DIVISION OF TREASURY BY: (Title: ATTEST: (Title: Page 3 of 3