HomeMy WebLinkAboutIII (F) Approval and Authorization for the Mayor and City Clerk to execute Interlocal Agreement with Orlando-Orange County Expressway Authority relating to Western Beltway/State Road 429 Construction and Water Services in the Amount of $199,897.65 Agenda 1-19-99
"`- Item III
D. r
tri:
* Co.
or coov` JAMES W. SHIRA, P.E.
CITY ENGINEER/ UTILITIES DIRECTOR
150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761
PHONE(407)656-222 EXT. 142•FAX(407)656-7835
MEMORANDUM
DATE: January 14, 1999
TO: The Honorable Mayor and Board of City Commissioners
FROM: David A. Wheeler. P.E.✓P'0,�
Assistant City Engineer/Utilities Director
SUBJECT: Intcrlocal 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) needed water for the toll plazas to be located at the
interchange with Franklin Street, SR 439. As a part of the water system improvements included
tinder the 1997 Bond Issue program, the City was to install a water main from the end of the
City's system on Franklin Street west to East Crown Point Road, north to Palm Drive, and east to
connect to the water main near Pioneer Key No. 2. When OOCEA asked the City about water
service, we reciprocated and asked OOCEA if they would include our water main project in their
construction project.
OOCEA agreed to construct and pay for the extension of our water main west to a point where
their service connection would occur and they agreed to include the design and construction of
the rest of the water main in the construction of that portion of the Western Beltway. The City
had three options for its portion of the water main: (1) include it in OOCEA's project and realize
use of this pipeline by mid 1999; (2) construct the pipeline before or during the construction of
the expressway and hope that there would not be any conflicts and/or delays which could
required removal and replacement in some areas and or increases in cost and maybe not realize
use of this pipeline until 2000; or(3) wait until the expressway is constructed and install the
pipeline and not realize use until mid 2000. The Engineering Department felt the advantages of
including the water main with the expressway far outweighed the disadvantages of the other two
options and proceeded.
Bids were received and construction of the roadway began last fall. The City's cost to design
and construct the water main along Franklin Street, East Crown Point Road, and Palm Drive is
$199,897.62. This includes a 5% contingency for any unforeseen changes resulting in cost
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THE PRIDE OF WEST ORANGE
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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 i t
there is a change order required and eliminate the needed 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
$199,897.62 thereby authorizing the Orlando-Orange County Expressway Authority to proceed
with construction of the water main.
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 602
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 AUTI IORITY; and
WHEREAS, the CITY desires the AUTHORITY to construct a 12 inch water main and
ail necessary appurtenances within the right-of-way limits of S.R. 438 (W. Franklin Street), East
Crown Point Road, and Palm Drive as generally shown on Exhibit A and more specifically
detailed on the Utility Contract drawings t1-1 through U-I 9 included in the construction plans for
State Project No. 75320-3460-602, hereinafter referred to as PROJECT A, within the
AUTHORITY'S Contract 602; and
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 AUTHORITY shall obtain all necessary
permits (Florida Department of Environmental Protection and Orange County) on the
CITY'S behalf. No permit from the AUTHORITY will be required.
3. The CITY shall reimburse the AUTHORITY I'or all work and materials required to design,
permit, and complete construction of PROJECT A; provided, however, the reimbursement
for all work shall not exceed One-Hundred-Ninety-Nine Thousand Eight-Hundred-Ninety-
Seven DOLLARS and Sixty-Two CENTS ($199,897.62), 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 fora 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,
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
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due to any negligent act or occurrence of omission or commission of the AUTI IORITY, 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. I lowever, 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.
I I. 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. 'Ihe 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 AUTHORI'IY 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 he 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.
4
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Exhibit B
SR-429 (WESTERN BELTWAY) - PART A-CONTRACT 602
Total Costs for the Watermain Extension for the City of Ocoee
Construction Costs (See Below) $158,842.00
Engineering Design, Survey & Geotechnical $29,574.69
Orange County ROW Utilization/Underground Utility Pipeline Permit Fee $1,962.00
Subtotal $190,378.69
5% Contingency (As needed and Approved) $9,518.93
Grand Total $199,897.62
ITEM NO. ITEM DESCRIPTION QUANTITY UNIT • UNIT COST TOTAL COST Il
730-76-216 CASING STEEL(JACK 8 BORE)(30") 60 LF $370.00 622,200.00'i
1600-900-1 2 5 PIPE(REMOVAL)( OR
WATER FITTINGS(F� LESS)
&I))(DIP CEMENT LINED) 9 161114035 TN $4,400.00 $5,94000"!
1613-130-321 WATER PIPE(F 8 I)(PUSH-ON JT.)(PVC CL.150) 12") 3,214 LF $23.00 $73,922.00
1613-140-721 WATER PIPE(PUSH-ON JT)(F 8 I)(DIP CL.50)(12") 400 LF $28.00 $11,200.00
1617-130-316 WATER PIPE(REST JT)(F&I)(PVC CL.150)(6") 35 LF $28.00 $980 00
1617-130-321 WATER PIPE(REST JT)(F&I)(PVC CL.150)(12") 530 LF $30.00 $15.900.00
1617-140-721 WATER PIPE(REST JT)(F& I)(PVC CL.50)(12") 70 LF $40 00 $2.800.00.
1642-111-16 WATER VALVE(F 8 I)(CI GATE 125-150 LB)(6") 2 EA $600 00 $1 200 00
1642-111-21 WATER VALVE(F&I)(CI GATE 125-150 LB)(12") 10 EA $1,200.00 $12,000.00
1643-132-191 'VALVE BOX(F 8 I)(SLIP 3 PC)(W/O SLEEVE 8 VALVE)(CI 5-1/4") 11 EA $300.00 $3,30000
1644-113-16 FIRE HYDRANT(F&I)(STD)(2 HOSE, 1 PUMPER)(6") 1 EA $1,800.00 $1,800.00
CONSTRUCTION COSTS TOTAL $158,84200,
Sheet B-1