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HomeMy WebLinkAboutV (F) Approval and Authorization for Mayor and City Clerk to Execute the Joint Project Agreement with Orange County for Old Winter Garden Road Project Agenda 6-17-2003 Item V F Mayor ,Geiger of Geed city Commissioners S. Scott Vandergrift & Danny Howell, District 1 Scutt Anderson, District 2 City Menages �� b.. Rusty Johnson, District 3 Jim C lesson I. Nancy l P irker. District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: David A. Wheeler, P.E., Director of Public Works DATE: lone 10, 2003 RE: Joint Project Agreement between Orange County and City of Ocoee for Old Winter Garden Road Project ISSUE Orange County has some water lines within the Old Winter Garden Road right-of-way that need to be moved as a part of the improvements/ widening to the roadway. Orange County' and Ocoee staffs agree that Orange County's relocations should be performed as a part of the Ocoee road project. The attached agreement needs to be executed by both parties prior to the start of construction of the project. BACKGROUND/DISCUSSION The existing Orange County water lines are located in the eastern section of the road right-of- way and would be under the new west bound lanes of Old Winter Garden Road. The County does want their water lines to be under the road and has performed the design to relocate the pipelines within the new right-of-way. The design has been coordinated with the City's engineer of record for this project. Orange County proposes to pay Ocoee upfront the estimate cost for this work and depending upon the actual bids and potential changes during the project, work with the City to finalize payment for the work. Orange County has included costs for construction contingency and an amount to be paid to the City for handling the administration of their portion of the overall project. This type of agreement is similar as those executed between Ocoee and the Florida Department of Transportation and the Orlando-Orange County Expressway Authority on similar type work. The agreement has been through many revision cycles between Foley & Lardner, staff and Orange County staff and legal counsel. RECOMMENDATION Staff recommends that the City Commission approve the Joint Project Agreement between Orange County and City of Ocoee for Old Winter Garden Road Project and authorize the Mayor and City Clerk to execute the agreement for the City of Ocoee. JOINT PROJECT AGREEMENT BETWEEN ORANGE COUNTY AND CITY OF OCOEE OLD WINTER GARDEN ROAD THIS JOINT PROJECT AGREEMENT (hereinafter referred to as the "Agreement"), entered into this day of , 2003, by and between Orange County, Florida, a political subdivision and charter county of the State of Florida, hereinafter called the"County", and the City of Ocoee, Florida, a political subdivision of the State of Florida, hereinafter called the"City". WIINESSETII WHEREAS, the City is or will be constructing, reconstructing or otherwise changing a portion of a public road in accordance with the terms and conditions of that certain Interlocal Agreement between Orange County and City of Ocoee Relating to Old Winter Garden Road From Hemple Avenue to SR 50 and Professional Parkway, dated February 15, 2000 (the "Interlocal Agreement"); and WHEREAS, the Interlocal Agreement defines the "Project" with Old Winter Garden Road and Professional Parkway and all references herein to the "Project" shall be defined in the Interlocal Agreement; and WHEREAS, the County has certain utilities facilities which are located within the limits of the Project, hereinafter referred to as the "Facilities"; and WHEREAS, the Project requires the relocation, protection, adjustment, installation or removal of the Facilities, or some combination thereof, hereinafter referred to as"Utility Work"; and WHEREAS, the City and County desire to enter into this joint agreement for the Utility Work to be accomplished by the City's contractor as part of the construction of the Project; and WIIEREAS, the County will bear certain cost associated with the Utility Work. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the County and City agree as follows: 1. The above recitations are true and correct and form a material part, and arc incorporated herein as fully as if set forth hereafter. 2. The County will coordinate the preparation of complete drawings, specifications and cost estimates for the Utility Work to be placed in the public right of way. Drawings, specifications and other documentation shall be furnished in accordance with all City requirements. "Exhibit A" attached hereto and by this reference made a part of this Agreement, shows the limits of the Project, including the general location of the utilities to be relocated. A narrative description of the Utility Work is set forth at "Exhibit B" of this Agreement. 3. The City shall incorporate insurance, contract bond, and maintenance bond requirements for t he requested Utility Work in the contract documents. All such insurance policies shall name Orange County as co-insured. The maintenance bond shall name City and the County as "Co-Obligees", and shall remain in full force and effect until two years after acceptance of work by the County and shall specifically recognize the right of County to enforce the maintenance bond provisions relating to the Utility Work. 4. The City shall cause the Utility Work to be bid with and included in the Project. The City and the County agree that the bid will be awarded by the City to the contractor who is selected for the road construction phase of the Project. The County design engineer shall be available and answer (in a timely manner) contractor questions concerning proposed Utility Work during the bidding period. Upon receipt of bids and prior to awarding the contract for construction of the Project, the City will provide the County a detailed list of pay items, quantities, unit prices and costs associated with the Utility Work. Cost of the Utility Work which is necessary or incidental to the construction herein provided includes (together with any other proper items of construction cost not specifically mentioned herein), the cost of: (1) construction, (ii) performance and maintenance surety bonds and premiums on insurance during construction, and (iii) necessary and appropriate administrative expenses of the City directly related to the Utility Work for the County. The Utility Work will be bid as an Add Alternative to the roadway Project, and County may reject the Add Alternative for the Utility Work within twenty one (21) days of receipt of the costs described in the prior sentence, in which event this Agreement shall terminate, and any sums paid by the County to the City will be reimbursed to County within fifteen (15) days. The County will agree to reimburse the City the Cost of the Utility Work. The estimated cost to the County for the Utility Work=$175,896.00, 10% Contingency Fee = $17,589.60, 3"/ Administration Fee to City = S5,276.88. Total Estimated Cost of Utility Work = S198,762.48. The County financial obligation under this Agreement shall not exceed 5198,762.48, unless otherwise agreed to by the County. The Cost of the Utility Work contemplated by this agreement is based in part on estimates. Because construction contracts may be based in whole or in part on unit price bids, which can vary the total construction costs, change orders may result in increasing or decreasing the contract cost of construction. All change orders for the proposed Utility Work shall be submitted to the County for review and approval prior to issuance. The 2 County shall be responsible for paying for change orders to the Utility Work approved by County, which change orders may result in the Cost of the Utility Work exceeding the maximum amount set forth above. The County shall notify the City within twenty-one (21) days whether or not County approves a particular change order or does not approve it. The County agrees to deposit in escrow with City 50% of Total Estimated Cost of Utility Work on or before the date of award of the bid for the roadway Project (including Utility Work) and pay over to the City the balance of the estimated cost for Utility Work within sixty (60) days of the bid award. At the conclusion of the Project, City shall reimburse the County sums not expended within twenty (21) days of acceptance of the Project by County. The cost estimates are set forth on "Exhibit C" of this Agreement. 5. During construction, the County personnel shall inspect the Utility Work. Deficiencies in the Utility Work shall be reported in writing to the City's City Engineer or his designated representative. Upon completion of the Utility Work, the County and City shall conduct a final inspection. Upon completion of outstanding issues listed during final inspection (punch list), the County shall notify the City in writing of its acceptance of the Utility Work, and shall assume responsibility for the maintenance and operation of the Utility Work. Within thirty (30) days after the County assumption of maintenance of the Facilities, the City shall cause the Contractor to submit to the County sealed record drawings by a Florida Professional Engineer, red lined to show the actual location of the Utility Work. No final payment shall he made by the City to the City's Contractor until the County has accepted, in writing, the completed Facilities. 6. This Agreement is solely for the benefit of the parties herein, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party that is not a party hereto. However, as to Utility Work, County is a third party beneficiary to the contract between the City and its roadway Contractor. City shall assign to County any rights City may have against Contractor or any surety with Contractor in the event County has a claim for Utility Work against the Contractor. Notwithstanding any provision contained herein to the contrary, the City shall have no financial responsibility for any costs associated with the Utility Work except to the extent the City receives funds from the County for such work. Further, the City shall have no liability or obligation to pursue any claims against the Contractor except to the extent the County agrees to bear all costs and expenses associated with any such claims. City shall notify County immediately of any claim by Contractor regarding Utility Work or any deficiencies in said work of which City becomes aware, and City a grees t o cooperate with C ounty i f C ounty pursues any claim against the Contractor or any surety. 3 7. The County shall, at the County's expense, be responsible for obtaining permits from all appropriate agencies for the utilities constituting the Utility Work under this Agreement and will have all such permits prior to commencement of construction of Utility Work. 8. The term of this Agreement shall b e for the period oft ime necessary t o complete the Project. 9. To the extent permitted by law, the County hereby agrees to indemnify, defend and save the City harmless from and against those losses, costs, expenses, claims, damages, judgments, liabilities and causes of action defined herein (collectively, "County Facilities Claims") including reasonable atlomey's fees and paralegal fees both at trial and at appellate levels, arising or alleged to have arisen entirely and exclusively out of the Utility Work relating to County Facilities Utility Work under this Agreement. The City shall promptly notify the County in writing of any Claim and shall provide the County with information regarding the Claim. 10. Any notice required or allowed to be delivered hereunder shall be in writing and be deemed to be delivered when (a) hand delivered to the official hereinafter designated, or (b) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail return receipt requested, addressed to a party at the address set forth opposite the party's name below, or at such other address as the party shall have specified in written notice to the other party in accordance herewith. COUNTY: Orange County Utilities Attention: Manager, Utilities Engineering Division 109 E. Church Street, Suite 300 Orlando, Florida 32801-3318 With a copy to: Orange County Administrator County Administration Building 201 S. Rosalind Avenue Orlando, Florida 32801 CITY: City of Ocoee Attention: Director of Public Works 150 N. Lakeshore Drive Ocoee,Florida 34761 4 11. Each of the parties hereto shall give the other Party written notice of any defaults hereunder and shall allow the defaulting party thirty (30) days from the date of receipt to cure such defaults. 12. If part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained therein arc not materially prejudiced and if the intentions of the panics can continue to be affected. To that end, this Agreement is declared severable. 13. Subject to the limitations of state law applicable to the City and County, including but not limited to the maximum amounts set forth in Chapter 768.28, Florida Statutes, the County and the City agree to h old the other h armless from then egligent acts o r o missions o f themselves, their officers, employees or agents. 14. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. 15. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 16. The County and City have heretofore entered into the Interlocal Agreement. Nothing contained herein shall be construed to amend the Interlocal Agreement. In the event of any conflict between this Agreement and the Interlocal Agreement, it is agreed that the Interlocal Agreement shall control. 17. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this agreement. Amendments to, and waivers of the provisions herein, shall be made by the parties in writing by formal amendment. 5 DONE AND AGREED to on the date first written above. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T. Crotty County Chairman ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk CITY OF OCOEE, FLORIDA By: ATTEST: S. Scott Vandergrift, Mayor Jean Grafton, City Clerk ((SEAL)) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 2003, LEGALITY this day of UNDER AGENDA ITEM NO. _ , 2003. FOLEY & LARDNER By: City Attorney S:'&Guthric'GRCNIVCity ofOcaec PA mar 13 2003 moditicd.doc G is • • Re Agenda 6-17-2003 Item V F Joint Project Agreement with Orange County for Old Winter Garden Road Project Attached are Exhibits A and B which were not included with the document in your packet. �.a E X A A I H I T A WEST OAKS MALL Lake Bennet SR 50 HEALTH ca CENTRAL 'fiy PROJECT START-. OLD WINrfR Df •�T o z GAR N a RD 0f > 4m z a C Lake m 0 3 a Lilly = a f o s w PROJECT END---/ T 900 ET. PASSED Py CHID AVE. f.�'e05:2 9\CSS Lake PS`" Pearl Lake Bonnet EXHIBIT B The Utility Work is on Old Winter Garden Road from Matador Drive to Pond No. 3 on the east with some work within adjacent streets. The Utility work includes but not limited to the adjustments and relocation of 2,700 feet of 12-inch water main, 70 feet of 6-inch water main and the removal of 2,710 feet of 12-inch water main.