HomeMy WebLinkAboutIII(I) Approval And Authorization For Mayor to Execute Interlocal Agreement with The Orlando-Orange County Expressway In The Amount Of $175,801.50 for Construction Of The Water Main Under The Florida's Turnpike At Marshall Farms Road Agenda 4-06-99
Ocoee Item III I
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of coon JAMES W. SHIRA,P.E.
CITY ENGINEER/UTILITIES DIRECTOR
150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761
1' PHONE(407)656-2322 EXT. 142•FAX(407)656-7835
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MEMORANDUM
DATE: April 1, 1999
TO: The Honorable Mayor and Board of City Commissioners
FROM: David A. Wheeler, P.E.,49'Oja/
Assistant City Engineer/Utilities Director
SUBJECT: Interlocal Agreement
with
Orlando-Orange County Expressway Authority
As a part of the construction of the Western Beltway, State Road 429, the Orlando-Orange
County Expressway Authority (OOCEA),the City of Ocoee worked with OOCEA to design and
install a water main under the Florida's Turnpike at Marshall Farms Road. As a part of the water
system improvements included under the 1997 Bond Issue program, the City was to install a
water main from the South Water Treatment Plant to SR 50 along a corridor that generally
follows the South WTP access road, Maguire Road, Tomyn Road, and Marshall Farms Road.
The South WTP access road portion and the portion on Marshall Farms Road from SR 50 to the
Florida's Turnpike are being constructed by the City under the phase 2 water main project. The
Tomyn Road portion is being constructed and paid for by the developers of the Brookestone
Subdivision.
The City staff approached OOCEA about including our water main in their project during the
design phase of the expressway. OOCEA agreed to include the construction of the water main in
the construction of the SR 429 interchange with the Florida's Turnpike. This option proved to
be the best for the City because of scheduling the water main construction around the interchange
construction and the location of the water main in relation to the stormwater ponds being
constructed on the south side of the turnpike as a part of the interchange project.
The bids were received by OOCEA in March and construction is projected to start this month on
the interchange. The City was responsible for the design and permitting of the water main
THE PRIDE OF WEST ORANGE j �'
project and furnished the plans and specifications to OOCEA for inclusion into their bid
documents. The City's cost to construct the water main under the Florida's Turnpike and south
down the Marshall Farms Road right-of-way to Tomyn Road is $175,801.50. This includes a 5%
contingency for any unforeseen changes resulting in cost overruns. Should a change order be
required it will be brought to the City Commission for action. The inclusion of a contingency in
this agreement will allow for only one action item if there is a change order required and
eliminate the need to amend this agreement.
I recommend that the City Commission authorize the Mayor and City Clerk to execute the
Interlocal Agreement with the Orlando-Orange County Expressway Authority in the amount of
$175,801.50 thereby authorizing the Orlando-Orange County Expressway Authority to proceed
with construction of the water main.
attachment
INTERLOCAL AGREEMENT BETWEEN
ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY
AND
THE CITY OF OCOEE
FOR CONSTRUCTION OF
WATER MAIN TO BE INCLUDED
IN THE
SR 429 (WESTERN BELTWAY) CONTRACT 600
THIS AGREEMENT is made and entered into as of the day of
1999, by and between the CITY OF OCOEE, FLORIDA, hereinafter referred to as "CITY" and
the ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY, a corporate body and an
agency of the State of Florida, hereinafter referred to as "AUTHORITY."
WHEREAS, the CITY is authorized by Section 240.241 Florida Statutes, to enter into
interlocal agreements providing for the performance by one governmental unit on behalf of
another of any function which either agency is authorized to perform; and
WHEREAS, the AUTHORITY is created and established to acquire, hold, construct,
improve, maintain and operate the Orlando-Orange County Expressway Authority System,
pursuant to Part IV, Chapter 348, Florida Statutes; and
WHEREAS, pursuant to Section 348.754, Florida Statutes, the AUTHORITY has been
granted the power to make and enter into contracts or other transactions and to do all acts and
things necessary or convenient for the conduct of its business and for carrying out the purposes
of the AUTHORITY; and
WHEREAS, the CITY desires the AUTHORITY to construct'a 16 inch water main, with
some of the pipe installed within a 30 inch steel casing pipe, and all necessary appurtenances
within the right-of-way limits of the Florida's Turnpike and Marshall Farms Road as generally
shown on Exhibit A and more specifically detailed on the Utility Contract drawings U-1 through
U-6 included in the construction plans for State Project No. 75320-3460-600, hereinafter referred
to as PROJECT A, within the AUTHORITY'S Contract 600; and
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WHEREAS, pursuant to Section 348.754, Florida Statutes, the CITY is desirous of
contracting with the AUTHORITY for the construction of PROJECT A.
NOW, THEREFORE, in consideration of the promises herein made and the benefits to
accrue to the parties, and for good and valuable consideration, the parties agree as follows:
1. It shall be the responsibility of the AUTHORITY to provide all labor, materials, equipment
and incidentals necessary to construct PROJECT A as indicated on the plans attached hereto
and incorporated herein as Exhibit A. Any changes must be approved by the CITY and the
AUTHORITY.
2. Anything contained herein to the contrary notwithstanding, the AUTHORITY shall have
final approval of PROJECT A construction. The CITY shall/has obtain all necessary permits
(Florida Department of Environmental Protection and Florida Department of Transportation-
Florida's Turnpike) on its own behalf. No permit from the AUTHORITY will be required.
3. The CITY has assumed all responsibility and costs associated with the design and permitting
of the water main project as detailed on the plans as shown in Exhibit A. However, the CITY
shall reimburse the AUTHORITY for all work and materials required to complete
construction of PROJECT A; provided, however, the reimbursement for all work shall not
exceed One-Hundred-Seventy-Five Thousand Eight-Hundred-one DOLLARS and fifty
CENTS ($175,801.50), as outlined in the price proposal attached hereto and incorporated as
Exhibit B. Invoices shall be submitted as costs are incurred for PROJECT A. Invoices shall
be submitted in a format acceptable to the CITY. Invoices shall be in detail sufficient for a
proper pre-audit and post-audit thereof.
4. The AUTHORITY shall keep and maintain accounts in order to record complete and correct
entries as to all costs and expenditures. No funds provided by the CITY shall be expended
for expenses other than for PROJECT A. Such books and records shall be available at all
reasonably times for examination and audit by the CITY. Incomplete or incorrect entries in
such books and records will be grounds for disallowance by the CITY of any fees, expenses
or costs based upon such entries, until complete and/or corrected entries are made in such
books and records.
5. Both parties (and any subcontractors) to this Agreement are required to comply with the
provisions of Chapter 119, Florida Statutes, and shall permit public access to all documents,
papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, and
made or received in conjunction with this Agreement.
6. This Agreement may be extended or supplemented for future services, as mutually agreed.
7. To the extent allowed by law, the AUTHORITY shall indemnify, defend, save and hold
harmless the CITY and all of its officers, agents or employees from all suits, actions, claims,
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demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of
the agreement by the AUTHORITY, its consultants, subconsultants, agents or employees or
due to any negligent act or occurrence of omission or commission of the AUTHORITY, its
consultants, subconsultants, agents or employees. Neither the AUTHORITY, nor any of its
consultants, subconsultants, agents or employees will be liable under this section for damages
arising out of injury or damage to persons or property directly caused or resulting from the
negligence of the CITY or any of its officers, agents or employees.
8. The AUTHORITY warrants it has not employed or obtained any company or person, other
than bona fide employees or consultants of the AUTHORITY to solicit or to secure this
Agreement, and it has not paid or agreed to pay any company, corporation, individual or
firm, other than bona fide employees employed by the AUTHORITY. For the breach or
violation of this provision, the CITY shall have the right to terminate the Agreement without
liability at its discretion, and to withhold additional payments or funds budgeted and
allocated for PROJECT A.
9. This Agreement or any interest herein shall not be assigned, transferred or otherwise
encumbered under any circumstances by the AUTHORITY without the prior written consent
of the CITY. However, the Agreement shall run to the CITY and its successors. The
AUTHORITY is not an agent or authorized representative of the CITY, and shall not be
entitled to bind or commit the CITY.
10. This Agreement may be terminated by the CITY upon 30 days notice. The CITY will
reimburse the AUTHORITY for costs incurred or obligated up to and at termination.
11. During the construction of the water main and all necessary appurtenances, PROJECT A will
be owned by the contractor of record until such time as "clearance to place into service" has
been obtained from the Florida Department of Environmental Protection and the contractor of
record has completed any "punch list" corrective work to the satisfaction of the
AUTHORITY and the CITY. The CITY will require written certification from the
AUTHORITY'S engineer that PROJECT A was constructed in accordance with the design
plans, specifications, and approved change orders, as necessary. At that time the CITY will
be ready to assume beneficial occupancy and ownership of PROJECT A and to place the
water main and all necessary appurtenances into service.
12. The CITY through and in partnership with the AUTHORITY will hold the contractor of
record responsible for a warranty period of one year from the date of beneficial occupancy, as
determined in section 11. It shall be the contractor of record's responsibility to repair or
replace any and all work deemed defective during that warranty period. After the warranty
period expires,the CITY shall be responsible for any and all repairs to PROJECT A.
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IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year.
first above written.
CITY OF OCOEE,FLORIDA ORLANDO-ORANGE COUNTY
EXPRESSWAY AUTHORITY •
S. Scott Vandergrift, Mayor Executive Director
Date: Date:
Jean Grafton, City Clerk Assistant Secretary
(SEAL) (SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1999
FOLEY & LARDNER
By:
City Attorney .
APPROVED BY THE OCOEE CITY .
COMMISSION AT A MEETING
HELD ON , 1999
UNDER AGENDA ITEM NO.
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Exhibit B
SR-429 (WESTERN BELTWAY) -PART A -CONTRACT 600
Total Construction Costs for the Watermain Extension for the City of Ocoee
Construction Costs (See Below) $167,430.00
5% Contingency (As needed and Approved) $8,371.50
Grand Total $175,801.50
ITEM NO. ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
730-76-116 CASING STEEL(FURNISHED&INSTALLED(30") 310 LF $40.00 $12,400.00
730-76-216 CASING STEEL(JACK&BORE)(30") 200 LF $190.00 $38,000.00
730-77-09 CASING SPACERS(F&I)(16") 84 EA $160.00 $13,440.00
1617-140-324 WATER PIPE(REST JT)(F&I)(DIP CEMENT LINED)(CL.53)(16") 1,174 LF $85.00 $99,790.00
1642-116-24 WATER VALVE(F&I)(CAST IRON)(GATE)(16") 1 EA $3,200.00 $3,200.00
1642-100-9 MISC.WATER FIXTURES(F&I)(2"BLOWOFF ASSEMBLY) 1 EA $600.00 $600.00
CONSTRUCTION COSTS TOTAL $167,430.00
Sheet B-1