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HomeMy WebLinkAboutIII (B) Acceptance and Authorization to send the Water Meter Relocation Agreement to each property owner & Authorization for Morris Contract Services to perform the service line installation work at the rate of $298 per location per signed agreements AGENDA 2-7-95 Ocoee Item III B y f.of coon`.% JAMES W.SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322 MEMORANDUM DATE: January 27, 1995 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira,P.E. City Engineer/Utilities irector SUBJECT: FY 94/95 Water Meter Relocation Project As a continuation of the program of water meter relocation that was begun last fiscal year,the current budget includes funds for the relocation of water meters in the Brentwood Subdivision this year. There are 46 locations in the Brentwood Subdivision that are candidates for water meter relocation. The existing meters at these locations are either in back yard easements, or are connected to small diameter service lines that are reaching the end of their useful service life. On March 3, 1994 we opened bids for the work involved to install new service lines from the relocated meters to individual homes in an area south of City Hall. This bid was awarded on March 15, 1994 to Morris Contract Services, Inc. for the per-location fee of$298.00. At the completion of that project,Mr. Morris told me that if we had any similar work within the next twelve months, that he would hold his price firm, and would do the additional work at that rate if we wanted him to. There were 53 homes involved in last year's project, and we had no complaints against Morris that were not quickly resolved to the satisfaction of the homeowner. In the nine months that have passed, not many goods or services have decreased in cost, and I do not believe that there is a significant chance that a costly advertisement for new bids would result in a new bid lower than the one submitted by Morris nearly a year ago. In order to do the work that is required on private property, we had the owner of each affected property sign a Water Meter Relocation Agreement that was then signed by the Mayor and City Clerk. A copy of this agreement is attached for your review. We are prepared to begin the current project, and I am requesting the approval of the City Commission on two issues before we can proceed. To that end, I recommend that the City Commission: GC THE PRIDE OF WEST ORANGE ,''� 1. Authorize staff to send the Water Meter Relocation Agreement form to each affected property owner, and authorize the Mayor and City Clerk to execute each Agreement as it is received from the owner. 2. Authorize Morris Contract Services to perform the service line installation work at the rate of$298.00 per location at each location for which we have a signed Agreement. W P60NDOCS\91 951m6271o495\ WATER METER RELOCATION AGREEMENT THIS WATER METER RELOCATION AGREEMENT (the "Agreement") is made and entered into this day of , 199 , by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City") and , whose mailing address is (the "Property Owner"). WITNESSETH: WHEREAS, the City has identified several areas within the corporate limits of the City where large diameter water mains are installed in the street right-of-way (the "New Water Main"), and where adjacent properties are connected to small diameter water lines in rear yard easements (the "Old Water Line"); and WHEREAS, in order to provide residents of the City with improved water service, the City desires to abandon the Old Water Line and connect those homes presently served by the Old Water Line to the New Water Main on a voluntary basis by such property owners; and WHEREAS, the City shall perform or cause to be performed all work in connection with the abandonment of the Old Water Line and connection to the New Water Main at no cost or expense to the Property Owner; and WHEREAS, the Property Owner owns certain real property located at , Tax Parcel Identification Number (the "Property") and desires to disconnect from the Old Water Line and connect to the New Water Main pursuant to the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereto do hereby agree as follows: ARTICLE 1. Recitals. 1.1. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. ARTICLE 2. Access to the Property. 2.1. The Property Owner grants the City and its employees, agents, advisors, contractors and consultants (collectively, the "City Representatives") the right to enter upon the Property for the purposes of performing the Work (as defined below). The City's and City Representatives' right to enter upon the Property shall commence upon the date hereof and terminate upon the completion of the Work. 2.2. To the extent permitted by law, the City agrees to hold the Property Owner harmless and to indemnify the Property Owner from and against any claims of third parties for personal injury or property damage due to any negligence on the part of the City or the City Representatives arising out of the performance of the work, except to the extent such claims arise out of the negligence of the Property Owner or its agent. ARTICLE 3. The Work. 3.1. The City shall perform or cause to be performed the Work consistent with the interests of the Property Owner. The Work shall include (a) the disconnection of the Property from the Old Water Line and connection of the Property to the New Water Main; (b) the minimum necessary removal of landscaping and other improvements located on the Property; (c) the restoration of the Property to substantially the same condition existing prior to such disconnection and connection; (d) all investigations and inspections of the Property which the city may determine to be necessary to complete the foregoing; and (e) the installation of such water lines as are necessary to connect the existing water service on the Property to the New Water Main. 3.2. The City shall, in its sole discretion, determine the location within the Property of the new water line which will connect the existing water service to the New Water Main. 3.3. The Work shall be performed at no cost or expense to the Property Owner with all such costs and expenses of the Work to be paid by the City. 3.4. At least thirty (30) days prior to the commencement of the Work, the City shall provide the Property Owner with notice of its intent to commence the Work. The City, in its sole discretion, shall determine the date of commencement of the Work. However, once the Work has commenced, the City shall use its best efforts to complete the Work in an expeditious manner. The Property Owner shall otherwise cooperate with the City and City Representatives performing the Work and provide the City upon request with documents and information available to the Property Owner regarding the Property relating to the Work. 3.5. Following the completion of the Work, the Property Owner shall own and maintain all of the newly installed water line from the owner's side of the water meter. ARTICLE 4. Miscellaneous. 4.1. The Property Owner hereby represents and warrants to the City that it owns fee simple title to the Property and has the right to permit the city to enter on to the Property for the purposes and on the terms set forth in this Agreement. 4.2. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing signed by the parties hereto, or their respective successors and assigns. 4.3. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. 4.4. All the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives. 4.5. The headings of this Agreement are for purposes of reference only and shall not otherwise limit or affect the meaning hereof. IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Agreement to be executed as of the day and year first written above. WITNESSES: PROPERTY OWNER: Name: Name: CITY: ATTEST: CITY OF OCOEE, FLORIDA By: JEAN GRAFTON, City Clerk S.SCOTT VANDERGRIFT, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, APPROVED AS COMMISSION AT A MEETING TO FORM AND LEGALITY THIS HELD ON , 199_ DAY OF , 199_: UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney