VII (I) Olympia PUD Sewer Line Construction Agreement Agenda 11-21-2000
Item VII I
"(LA IF.R OF GOOD/.II'LAG PRIDE OE If'ESZ ORANGE" MAYOR•COMNISSIONIA
Ocoee S. SCOT-r VANDPRGRIPT
_°� •� �#�� CITY OF OCOEE „,<�.�R,
�� _ D1NNY 110%1 1
2 150 N. 1.ARP.SHORE DRIVE
SCO11 ANDI RSON
n� �V OCULL.FLORIDA 2122 3258 RI IOIINSON
tir �.+ lam>esezazz NnNcvt PARKER
Fp OF GOOD♦S
Ciir MANACLIa
NLLIS SIIAPIRO
MEMORANDUM
DATE: November 13, 2000
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shiro, P.E., City Engineer/Utilities Director
SUBJECT: Olympia PUD - Sewer Line Construction Agreement
On August 15, 2000 the City of Ocoee executed an agreement with the Florida Department of
Transportation related to the relocation of certain utilities within FDOT's current SR 438 right-
of-way.
Under that agreement, FDOT agreed to pay to the city up to $633,900.00 toward the cost of
relocation of city utilities in return for the city's conveyance of certain right-of-way interests
along SR 438. On December 7, 1999 City Commission entered into an agreement with Lochrane
Engineering for design of necessary utility relocation plans. The agreement with Lochrane was
funded by FDOT in the amount of $58,565.00. This left a "balance" of$575,335.00 to be
applied to additional utility relocation expenses.
Utility facilities which are located within state road right-of-way must be relocated at the utility
owner's expense if the facility is in the way of a planned road project. The city has water and
wastewater facilities within the SR 438 right-of-way which we would have been required to
relocate at our expense if we had not reached the previously mentioned agreement with FDOT.
One of these facilities is a sanitary sewer force main which runs along the south side of SR 438
across the Olympia PUD frontage. This force main will need to be relocated due to conflicts
with proposed storm drainage facilities which will be constructed when the road is widened.
We have discussed the proposed relocation of the portion of this force main that lies along the
Olympia PUD site with the developers, and they have agreed to grant an easement to the city
for that purpose. This section of force main will be built now, and will be placed into service
when the SR 438 widening takes place and the remaining utility relocations are accomplished.
Olympia has provided us with a quote from their contractor for the construction of this
relocated force main for a fee of$39,743.43. A copy of the quote is attached for your review.
Olympia's attorney and Assistant City Attorney Scott Cookson have worked together to draft a
Sewer Line Construction Agreement that describes the responsibilities of each party. There are
two easement documents involved because some of the property is owned by the developer,
POWI oft
and some is owned by the property owner's association. Copies of the two Utility Easements
and the Sewer Line Construction Agreement are attached for your review.
FDOT has deposited with the city the sum of $39,743.43 as payment for this force main
relocation work. A copy of the Electronic Funds Transfer receipt is attached. Also attached you
will find a copy of FDOT's Utility Work Order Change No. 1, which is a form used by FDOT
to keep track of the funds allocated to this project. FDOT is asking that the City execute this
form to acknowledge receipt of the funds.
I am requesting that the City Commission take the following actions in this matter:
1. Authorize the Mayor and City Clerk to execute the Sewer Line Construction Agreement
between the City of Ocoee and Olympia Development Group, Inc.
2. Authorize the Mayor and City Clerk to execute the Utility Easement between the Olympia
P.U.D. Property Owner's Association and the City of Ocoee.
3. Authorize the Mayor and City Clerk to execute the Utility Easement between the Olympia
Development Group, Inc. and the City of Ocoee.
4. Authorize the Mayor and City Clerk to execute the FDOT Utility Work Change Order No. 1.
As always you are welcome to come into my office or call me if you have any questions on this
or any other topic.
JWS/jbw
Attachments
POW
d0 09:27 FROM:BILL TOULOUMIS 727-733-1507 TO:407E567935 PAGE:0144014
8" F.M.
OLYMPIA P.U.D.
OCOEE, FLORIDA
ITEM r t , -,+,� i .;K .. r u �,I t CATEGORY
, QUANTITY UNIT UNIT COST TOTAL e.. TOTAL1
BASE CONTRACT
CONTRACTOR MOBILIZATION
and SUPERVISION 1 LS $ 5,000.00 $ 5,000.00
8"C-900 DR-18 1,350 LF $ 15.85 $ 21,397.50
B"M.J.45 4 EA $ 285.50 $ 1,142.00
8"JOINT RESTRAINT 15 EA $ 95.00 $ 1,425.00
BLOW OFFS 2 EA - $ 450.00 S 900.00
PRESSURE TEST 1 LS $ 750.00 $ 750.00
SURVEY 1 LS $ 850.00 $ 850.00
MAINTENANCE OF TRAFFIC 1 LS $ 500.00 $ 500.00
CATEGORY SUBTOTAL: $ 31,964.50
CONTRACTOR OVERHEAD AND PROFIT®15%: $ 4,794.68
BASE CONTRACT TOTAL: $ 36,759.18
ALTERNATE ITEMS
8'M.J.TEE 1 EA $ 432.75 $ 432.75
B"PLUG VALVE 1 EA $ 1,592.25 $ 1.592.25
6"JOINT RESTRAINT 6 EA $ 95.00 $ 570.00
CATEGORY SUBTOTAL: $ 2,695.00
CONTRACTOR OVERHEAD AND PROFIT 41 16%: $ 389.25
ALTERNATE ITEMS TOTAL: $ 2,984.25
GRAND TOTAL $ 39,743.43
NOTES:
1. Quantities shown here are approbmate. Payment to be based on field measurement.
2. Alternate prices are for the future tie-in for the Olympia P.U.D. Form Main.
3. Any deflections which require fittings win be at additional cost per unit prices shown here
4 As-Buitt Survey by others.
5. Above prices do not include connecting to ony emsting line.
6. All work to be performed during day-time hours Monday through Friday.
7. All work to be completed prior to P.U.D. Road Construction.
8. Maximum trench cut to be 4 feet.
RR:C:F,cl Forms\OCOEE-CONTRACT ITEMS-COST,7.21-00 7/24/00 2-40 PM
STATE OF FLORIDA
OFFICE OF COMPTROLLER
REMITTANCE ADVICE THIS IS NOT A PAYMENT DEVICE
SAMAS ACCOUNT CODE OLO SITE DOCUMENT NUMBER OBJECT DATE PAYMENT NO
_ 55-102540001755100100-00-08877701 550000 05 D1000103269 5620 08/24/00 0080355
PAYMENT AMOUNT
$ 39,743.43
DO NOT CASH
L ILiLIIL 11 l II LI LI LI II I I II I,I,I AGENCY DOCUMENT NO
CITY OF OCOEE VF50071
150 N. LAKE SHORE DRIVE
OCOEE FL 34761-2258
PLEASE DIRECT QUESTIONS TO: (904) 943-5519, DEPARTMENT OF TRANSPORTATION - DISTRICT FIVE
VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP://FLAIR.DBF.STATE.FL.US
INVOICE
NUMBER AMOUNT
T327987 $ 39.743.43
THE PAYMENT HAS BEEN TRANSMITTED
ELECTRONICALLY ( EFT ) TO YOUR FINANCIAL
INSTITUTION ACCORDING TO YOUR INSTRUCTIONS.
hIIhd.II.AII...IIiil.I11III1II1I11IIliiiIdI1111I1I1I
CITY OF OCOEE
150 N. LAKE SHORE DRIVE
OCOEE FL 34761-2258
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NEED WARRANT FORM 575WJ1 -M
RIGHT OF WAY INVOICE - -.- g1G1f OF WAY
TO COMPTROLLER Al <At GMw
No. T 32 ( 387
I Date - August 11 2000 District No. 5 B I APPROVEDFOR MENT C I AMOUNT OF WARRANT(S):
ii • -_—__ No. 1 $ 39,743.43
--- � _ -- — ----
payable to: City of Ocoee Ge��S.A ovatt g.g-ver
150 N.Street Address Ocoee, lk Shore 34761-2258e Type Cr Printed Name Date No.2$ _ -
City. State 8 Zip
Send Warrant(s)to: (Check)
District RNV Administrator —_, Other Type or Printed Name Date TOTAL$ 39,743.43
Above Address - -
D I Special Instructions or Information: E FOR EXCESS PAYMENT ONLY
(HG,SR 438) p/ ram- 1. Agreement Amount $
)i •t 1;1� ^ u,'1 ��i� 2. Approved Appraised Value $
Itt ) 3, Excess Payment(line 1 less 2) $
jl' Recommended By:
FM#: T. I _i '::03 2392891.43-01 (75250-2525) The excess payment is approved and the agreement amount is eligible for
Fap#: 8832-009-U Federal Aid Participation, if applicable. in the full or$ __ amount.
Auth Date: 08/18/98
PaymentTyPECORDS a FUNDS PF-539,743.43 _
Parcel No.: MANAGEC' _..I 0113 Typed or Printed Name
District RNV Administrator Date
COST DISTRIBUTION
SECTION 215.422 STATUTORY REQUIREMENTS
BF OBJ FOR COMPTROLLER USE ONLY
TR 1 VENDOR IDENTIFICATION NUMBER DATE GOODS OR
TROT _ _ _ SERVICES RECEIVED N/A
C 59-6 01 9 764 CK DT DATE GOODS OR
BF CAT SERVICES APPROVED N/A
Auditor's Initials
---_ --_— -- DATE INVOICE
RECEIVED N/A
OTHERDOC B INVOICE EOB QUANTITY
C VOUCHER DOCUMENT C LAND PROP PARCEL
LINE ORGCODE EO OBJECT R AMOUNT LINE NUMBER B (A) AREA FCT PROJECT ID TYPE B NUMBER
55053010541 R14) 562029 839,743.43 T327987 1 121 23928914301 0113
n ORIGINAL-OFFICE OF COMPTROLLER J COPY DISTRICTPJwORIGINATOR a COPY STATE COMPTROLLER
(I COPY,COMPTROLLER-TO BE MAILED WIN WARRANT In COPY,DISTRICT RECORDS AND FUNDS MANAGEMENT n COPY.SUSPENSE FILE `^^ ^co /JN
pTC ➢;1, IRIIID DITAKIMEN r of EKANSMRIANON
CONTACT RECORD (atm.»nm III
RIGHT(IF
UIIW
F. M. No.: 2392891
PROJECT NUMBER: 75250-2525
S. R. NO.: 438
FAP NO.: 8832-009-11
COUNTY. ORANGE
PARCEL NO : 113
DATE OF CONTACT August I 2000 CONTACT NO.
PERSON CONTACTED For the record
ADDRESS
TELEPHONE
RELATIONSHIP TO OCCUPANT/NAME/OWNER
PERSONS PRESENT
OCCUPANT'S NAME/OWNER'S NAME
TYPE OF CONTACT
0 PERSON TO PERSON ❑ TELEPHONE
❑ MAIL y ❑ OT$ER
AGENT'S SIGNATURE `1'�1 &.fk7L6-)
REMARKS I l
The attached invoice is a request for a warrant in the amount of$39,743.43 payable to the City of Ocoee.
This figure represents a draw on the credit the DOT has determined that the city is eligible to receive for right
of way necessary for the widening of SR 438 (Silver Star Road).
The DOT is providing this specific payment to the City of Ocoee so that they can proceed with the
construction of a force main required as part of the relocation of utilities on this project.
Attached is the estimate for the 8" Force Main construction.
APPROVED F MENT
toot,__
S.Laren. min.,t'10 -€
11 -
STATE OF FLORIDA f'A(,C U
885
y DEPARTMENT OF BANKING AND FINANCE `,
OFFICE OF THE COMPTROLLER EFT EFFECTIVE DATE 08/24/00
PAYMENT REGISTER HARRANT DATE 08/22/00
OL0-SITE 550000 05
• ____ -- cNi UJ
PAYMENT •PA YLIENT gMOUNI PAYEE Af t;C UNT(,OD(.
NUFTEK - DOCJALNI I: •
• 44
8 0080353 12,853.60 TAMPA BAY ENGINEERING INC 01000099606 55 10 2 540001 55100100 00 088849 99 '
18167 US HWY 19 N STE 550
• /, CLEARWATER FL 33764 * II
1 l.1453.60 ** VOUCHER TOTAL ** 08/22/00 ' -0174 01000099606 55 10 2 540001 55100100 00 088849 99
EFT EFFECTIVE DATE 08/24/00
•
8 0080354 154,021.55 BREVARD COUNTY BOCC 01000103260 55 10 2 540001 55100100 00 088854 00
HOUSING 8 COMMUNITY DEV
2725 JUDGE FRAN JAMIESON WAY
• // MELBOURNE FL 32940� AS }
1 ' 021.55 ** VOUCHER TOTAL ** 08/22/00 Q 0058 D1000103260 55 10 2 540001 55100100 00 088854 00
Q ,EFT EFFECTIVE DATE 08/24/00 1
4 0325866 27,649.86 VOLUSIA COUNTY METROPOLITAN 01000103261 55 10 2 540001 55100100 00 088854 01 0
UN
FLAWING ORGANIZATION
1190 PELICAN BAY DR
DAYTONA BEACH FL 32119-1381* : V
,,// .i
1 641 649.86 ** VOUCHER TOTAL ** 08/22/00 '059 D1000103261 55 10 2 540001 55100100 00 088854 01
4 0325867 26.746.00 LAKE COUNTY CLERK OF THE D1000103267 55 10 2 540001 55100100 00 088777 01 V
CIRCUIT COURT
PO BOX 7800
TAVARES FL 32778-7800*
• V
1 746.00 *0 VOUCHER TOTAL ** 08/22/0 50069 03000303267 55 10 2 540001 55100100 00 O813777 01
40325868 666,809.46 CLERK OF MARION COUNTY 01000103268 55 10 2 540001 55100100 00 088777 01
CIRCUIT COURT e
PO BOX 1030
OCALA FL 34478-1030
• 1 6,809.46 ** VOUCHER TOTAL ** 08/22/00 50070 01000103268 55 10 2 540001 55100100 00 088777 01 41
8 0080355 39,743.43 CITY OF OCOEE 01000103269 55 10 2 540001 55100100 00 088777 01
150 N. LAKE SHORE DRIVE
// OCOEE FL 34761-2258*
1 IX9.743.43 ** VOUCHER TOTAL ** 08/22/00 WF50071 01000103269 55 10 2 540001 55100100 00 088777 01
I e6 EFT EFFECTIVE DATE 08/24/00 1' ' 04' '
AP i
l _ �_�
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson,Esq.
FOLEY&LARDNER
1 I 1 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive For Recording Purposes Only
Ocoee, Florida 34761
UTILITY EASEMENT
THIS UTILITY EASEMENT is made this day of , 2000, by
OLYMPIA P.U.D. PROPERTY OWNER'S ASSOCIATION, INC., a Florida non-profit
corporation, whose address is 1060 Keene Road, Dunedin, Florida 34698 (hereinafter referred to
as "Grantor") in favor of the CITY OF OCOEE, FLORIDA, a municipal corporation duly
created and existing under and by virtue of the laws of the State of Florida, whose address is 150
North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City").
(wherever used herein the terms "Grantor" and "City" shall include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors and
assigns of corporations, partnerships (including joint ventures), public bodies and quasi-public
bodies.)
WITNES SE TH:
That for and in consideration of the sum of Ten Dollars (S10.00) and other valuable
considerations in hand paid to the Grantor by the City, the receipt and sufficiency of which is
hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey and warrant to the
City, its successors and assigns forever, a perpetual nonexclusive easement for the purpose of
installing, maintaining, operating and repairing a sanitary sewer force main and related
improvements, together with the rights, easements, privileges and appurtenances in or to said land
which may be required for the full enjoyment of the rights herein granted, over, under, upon and
through the following-described lands situate in the County of Orange, State of Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE (the
"Easement Area")
TO HAVE AND TO HOLD said easement unto said City and its assigns forever.
Section 1. Each party shall use the rights granted and reserved by this Utility
Easement with due regard to the rights of the other party to use and enjoy the Easement Area.
006.193555.1
The City and its assigns shall have the right to clear, keep clear and remove from said Easement
Area all trees, undergrowth, and other obstructions that may interfere with the location,
excavation, operation or maintenance of the utilities or any facilities installed thereon, and the
Grantor agrees not to build construct or create, or permit others to build, construct or create any
buildings or other structures on the Easement Area that may interfere with the location,
excavation, operation or maintenance of the utilities, or any facilities installed thereon.
Section 2. After the improvements are initially installed in the Easement Area, the
City shall, at its sole cost and expense, restore all landscaping on the Easement Property that is
damaged by the City incident to the maintenance, replacement or repair of the improvements or
incident to the City's use of the Easement Area to a condition which approximates as closely as is
reasonably practicable the condition of said Easement Area prior to the work being performed by
City.
Section 3. Grantor does hereby covenant with the City, that it is lawfully seized
and possessed of the real estate above described, and that the Easement Area is free from all liens
and encumbrances. By execution of this document, the Grantor affirmatively represents that it has
the contractual right, consent and lawful authority to execute this instrument and convey said
easement to the City. The Grantor recognizes that the City is relying upon the Grantor's
representations as herein expressed.
Section 4. To the extent permitted by law, the City agrees to indemnity and hold
harmless the Grantor from and against any and all claims, actions, causes of action, loss, damage,
injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred
before, during or after trial, or upon any appellate level), arising from the City's use of the
Easement Area or from the exercise by the City of any rights contained in this Utility Easement.
006.193555.1 -2-
IN WITNESS WHEREOF, the parties hereto have subscribed their names and have
caused this instrument to be executed as of the day and year first above written.
Signed, sealed and delivered GRANTOR:
in the presence of:
OLYMPIA P.U.D. PPERTYFlorida OWNERnon-profi'St
CASSOCIATION, INC.,ROa
let - Ldt��7?tiv corporation
Print Name/LSA r Q13 yNir7,C 1 1'a---
By:
Oit,c,E:_ L 4, Name: TFd0are( gerirrA -,
Print Name e A-ge uS 4 rO Lz Title: Prn,(li ni
STATE OF E or t di a
COUNTY OF (Pc nrI
The foregoing instrument was acknowlee ged before me this I3 day of v()Veal Der
2000, by M Edu ec-cA -h'r reVV as I r ,1cn4 of Olympia P.U.D. Property
Owner's Association, Inc. de/She is a personally known to me or ❑ has produced
as identification. �,
WITNESS my hand and official seal in the Cougry and Stake af9{esaid this .3' day gf
/vDJemhr'K 2000. "✓�(jyt,�,. �{ / i Q'�y�—�
sY^Ua IISISSON#CC9 Notary Public
/ f
¢` �n A COMMISSION SE CC 63191901
cc. E%PiRBONDE 2HRU
t'a °T ATLANTIC BONDING CO-,INC.
Print Name
My Commission Expires:
006.193555.1 -3-
Signed, sealed and delivered CITY:
in the presence of: CITY OF OCOEE, a Florida municipal
Corporation
By:
Print Name Name: S. Scott Vandergrift
Title: Mayor
Print Name Attest:
Name:
Title: City Clerk
[Affix Seal]
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON UNDER
LEGALITY THIS DAY OF AGENDA ITEM NO.
2000.
By:
Foley&Lardner
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
2000, by S. Scott Vandergrift, as Mayor of the City of Ocoee. He is n
personally known to me or n has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this day of
2000.
Notary Public
Print Name
My Commission Expires:
006.193555.1 -4-
EXHIBIT "A"
(the"Easement Area")
The North fifteen(15) feet of Tracts B and C, Olympia—P.U.D., according to the plat thereof
recorded in Plat Book 44, Page 66, of the Public Records of Orange County, Florida.
006.193555.1 -5-
SEWER LINE CONSTRUCTION AGREEMENT
THIS SEWER LINE CONSTRUCTION AGREEMENT (the "Agreement") is made and
entered into this day of ,2000, by and between OLYMPIA DEVELOPMENT
GROUP, INC., a Florida corporation (hereinafter referred to as "Olympia"), whose address is 1060
Keene Road, Dunedin, Florida 34698, and the CITY OF OCOEE, a Florida municipal corporation
(hereinafter referred to as the "City"), whose address is 150 North Lakeshore Drive, Ocoee, Florida
34761.
WITNESSETH:
WHEREAS, Olympia has heretofore obtained from Post, Buckley, Schuh & Jernigan
("PBS&J") certain plans for the Olympia P.U.D. (the "Project") consisting of Sheets C-1 through C-18
dated February 25, 2000 and approved by the City on February 29, 2000(the"Plans"); and
WHEREAS, the Plans depict water, sanitary sewer, storm sewer, reclaimed water, roadway
and grading improvements on Olympia's property required in order to develop the Project ("Olympia's
Improvements"); and
WHEREAS, the City desires to construct a sanitary sewer force main (the"New Force Main")
within the North 15' of the Olympia P.U.D. along Olympia's S.R. 438 frontage, and
WHEREAS, the City has prepared a plan showing the New Force Main (the "Force Main
Plan"), and
WHEREAS, the City desires to have the New Force Main constructed concurrent with
Olympia's project in order to minimize disruption of service due to relocation of utilities required by
FDOT's planned widening of S.R. 438, and
WHEREAS, Olympia is currently constructing the Project, said construction being in
accordance with the Plans; and
WHEREAS, the City desires to have Olympia construct the New Force Main for the benefit of
the City; and
WHEREAS, construction of the New Force Main by Olympia instead of by the City would(I)
allow Olympia to utilize the construction contract with Olympia's Contractor and thereby promptly begin
construction of the New Force Main; and (2) eliminate potential scheduling and coordination conflicts
involving the construction of the Project and the New Force Main thereby benefiting the City by
minimizing disruption of service due to FDOT's widening of S.R. 438; and
WHEREAS, the City and Olympia agree that it is in the best interests of both parties for
Olympia instead of the City to construct the New Force Main in accordance with the terms and conditions
set forth below.
NOW, THEREFORE, in consideration of the mutual premises contained herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
006.197997.2
Section 1. Recitals.
The above recitals are true and correct and are incorporated herein by this reference.
Section 2. New Force Main.
A. Olympia hereby agrees to construct the New Force Main in accordance with the Force
Main Plan.
B. The City shall obtain all permits and approvals necessary for the construction of the New
Force Main.
C. Olympia has provided the City with a copy of the contract between Olympia and
Olympia's Contractor (the "Construction Contract"). The City has reviewed and
approved the Construction Contract and, by execution of this Agreement, authorizes
Olympia to cause the New Force Main to be constructed for a total fixed price of
THIRTY-NINE THOUSAND SEVEN HUNDRED FORTY-THREE AND 43/100
DOLLARS ($39,743.43)(the"Contract Price").
D. The New Force Main shall be constructed in accordance with the Force Main Plan and
shall be inspected and tested by the City in accordance with City standards.
E. Any cost overruns for the New Force Main under said Construction Contract shall be
reimbursed by City only upon the prior written approval of City, which approval will not
unreasonably be withheld. All reimbursements shall be made only in accordance with a
construction draw schedule consistent with the draw schedule of Olympia's Contractor.
said draw schedule to be mutually agreed upon by City and Olympia. In order to obtain a
draw, Olympia shall submit to City a draw request in a form reasonably acceptable to
City, which draw request will include, but not be limited to, lien waivers from Olympia's
Contractor and all subcontractors, and affidavits of Olympia's Contractor evidencing
payment in full of the amount of the draw request. Olympia shall at ail times fully
comply with the terms and requirements of the State of Florida Construction Lien Law
and shall not allow any liens to attach to the New Force Main in connection therewith.
F. Olympia shall obtain a written statement from Olympia's Contractor acknowledging that:
(1) The New Force Main is being constructed for the benefit of the City, (2) the City is a
third party beneficiary to the Construction Contract with respect to the New Force Main;
and (3) all warranties, bonds and other guarantees to be provided by the Contractor under
the Construction Contract shall extend to the City with respect to the New Force Main.
Section 3. Applicable Law.
This Agreement and the provisions contained herein shall be construed, controlled and interpreted
according to the laws of the State of Florida.
006.197997.2
Section 4. Enforcement.
This Agreement shall be enforceable by an action for specific performance or any other action
permitted by law.
Section 5. Effective Date.
The Effective Date of this Agreement shall be the date that the last of the parties to this
Agreement has executed the same and such date shall be inserted on the first page of this Agreement.
IN WITNESS WHEREOF, Olympia and the City have caused this Agreement to be executed
by their duly authorized officers or representatives as of the day and/year first above written.
oar 1P 'O ",INC.,a
Name: . . Too-lo ,
Title: Petsklent
Executed on: 97l r II—I3-od
Attest: CITY OF OCOEE, Florida
By:
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL) Executed on:
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON ,2000
LEGALITY this day of UNDER AGENDA ITEM NO.
2000
FOLEY& LARDNER
By:
City Attorney
006.1979972
JL.I . 8
Florida Department-d ransportation
MB HFSH 719 3. Woodland Blvd MS 2-546 THOMAS F.RARRV.JR.
GOVERNOR SECRETARY
DeLand. FL 32720-6834
Fax (904) 736-5045
September 18, 2000
Mr. James W. Shira, P.E.
City Engineer/Utilities Director
City of Ocoee
150 No. Lakeshore Drive
Ocoee, FL 34761
Re: FIN PROJ ID 239289 1 56 01
WP# 5114625
County Orange
State Road 438
Document #2
FAP# N/A
From West of Clarke Road to Hiawassee Road
Dear Mr. Shira:
The attached Work Order Change Number 1 , in the amount of($39,743.43), and Fact Sheet
have been prepared to adjust the appendix for offset against payment from the City, for the
above referenced project(See Work Order Change and Summary Sheet for detailed
explanation).
Please be aware Mr. Scott Vandergrift, Mayor, must sign the Change Orders for the City of
Ocoee, as he is the one who signed the JPA Agreement. Please have him sign all four original
change orders and return them to this office, as soon as possible.
Upon receipt of your signed change orders, the Department will process and forward a copy to
your office for your records.
Thank you for your cooperation. If I can be of further assistance, please contact me at (904)
943-5250.
Sincerely,
Staci L. Nester
District Utility
Compliance Coordinator
sln
Attachments: WOC and Fact Sheet
k.\wpdocsV letters\lawodetest
VHI7. VENDOR PAYMENT HISTORY - INQUIRY BY VENDOR NUMBER 09/12/00 14: 14:45
ACCOUNT CODE CFI AMOUNT VCHR NO COMP RFC PAY
SEL VENDOR NO SWDN OB] CNTR PYMT TYPE--NO---DATE CANX
102-540001-55100100-00-088777-01 39, 743 .43 VF50071 08/21/00
C596019764 D1000103269 5620 8 0080355 08/24/00
VEN NAME: CITY OF OCOEE — - -
SEL LEGEND: I = INVOICE INQUIRY W = WARRANT RECONCILIATION INQUIRY
T = TRANSACTION INQUIRY
CONTINUING. . .
NEXT: VENDOR NO: MM: YY: - TYPE SEL
Enter-PF1---PF2---PF3---PF4---PFS---PF6---PF7---PF8---PF9---PF10--PF11--PF12---
CONT EXIT MAIN RFRSH TOP FWD
FORM 71,1030.0 I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
r,nnia"6-91 UTILITY WORK ORDER CHANGE NO. 1
JOINT PROJECT AGREEMENT
FIN PROJ ID OLD WPI NO. STATE ROAD NO. COUNTY DOCUMENT FAP NO.
239289 I 56 01 5114625 438(Silver Star) Orange 2 N/A
UTILITY OWNER'S NAME: CITY OF OCOEE
A. I. The Agency is hereby authorized to observe the following changes in the plans and/or specifications
to the subject Utility Agreement,and to perform such work accordingly, further described as:
TO ADJUST APPENDIX FOR OFFSET AGAINST PAYMENT BY CITY OF OCOEE.
B. 2. The items of work covered by this Work Order Change are referenced to a Joint Project Agreement
of record dated Ault st 24 2000 and a Supplemental Agreement is or is not X required.
1. The Utility Relocation Work is to conform to that shown by the utility adjustment plans as:
a. ATTACHED
b. X INCLUDED IN THE HIGHWAY CONTRACT PLANS
2. Participation for the cost of this Utility Work is to be in accord with the provisions set forth in
Administrative Rule Chapter 14-46 as:
a. X NON-PARTICIPATION-Section.01(4)(A)
b. PARTICIPATION -Section.01(4)(B)
(I) X Utility Installation by Highway Contractor
(2) Construction Modification
(3) Other
ESTIMATED COST OF WORK DUE TO THIS CHANGE
ITEM ITEM UNIT WORK ELIMINATED (-) ADDITIONAL WORK (+1
NO PRICE QUANTITY AMOUNT QUANTITY .AMOUNT
Adjustment of Appendix for Offer against (539.943.43)
payment by City of Ocoee
Previous Appendix Amount S575,335.00
Adjustment ($39 743 43)
New Appendix Amount $535,591.57
"THIS WOC DOES NOT AFFECT THE
CONTRACT AMOUNT
Sub-Totals _. S $ 000
Net Cost of Construction Changes,this order S $ 0.00
Cost of Construction.previously ordered . $ S IL00
Net Total Cost Construction changes to date _. _. .. . S 000
Contract Amount $ 249,071 20
Estimated Cost of Work Authorized to date .. $ 0'm)
Examined as to provisions and participating items of costs:
Approved: Approved: Approved:
Date Date Date
Scott Vandergrifl Joseph R.Nero,Sr. William P.Richards, P.E.
Mayor-City of Ocoee District Utility/Consultant Manager District Utility Engineer
As of 08i1712000 CITY OF OCOEE b4....,. a..e,••....,..,,.,,.,.,,,,,w,,,>„„ ...wo.,aonobi aq•Mvl tb.P Eby dW.•^b
FACTSHEET .. .,w, .Iv..,.,of GE.Contaw v.w♦•...•. aaw♦E
FPN#239289 1 56 01
UWHC(JPA)#239289 1 56 01
UTILITY WORK ORDER CHANGE(WOC)SUMMARY SHEET
Orp,nal Estimate Amount Original CEA Value is Original Contnnpency Value is
is= S222.385.00 2.00%• S4,447.70 10.00%• 522.238 50
Contractors Adjusted CEA Vale is Adjusted Contingency Value is
3,0= • S0.00 • S0.00
Utility Adjustment Adjusted Adjusted Adjustments New Value Total Contingency Esaow Construction Comments
WOC w/o • CEA • Contingency = to UWHC of UWHC Contingency Construction Amount CSASAVO0
No. Additives Amount Amount Agreement Agreement Amount Has Available
S222,385.00 S4.447.70 S22238.50 S249.07120 S249.07120 I S22238.50 S21,793.73 This represents the values of each respective item in the original agreement
jAcSustment to Appendix in the amount of(S39-743.43)forOffset against payment by the City of
1 S0.00 • $0A0 • S0.00 = S0.00 S0.00 Ocoee.it New Appendix Value Is$535,591.57.THIS WOC DOES NOT AFFECT THE CONTRACT
_ AMOUNT
• S222.385.00 st,Mi.70 $22238.50 5249.07120 S249Ai1.20 _$22238.5 _0 $21,793.i3 - FLtrrnig Totals as of this WOC
- (Ring Totals as of this WOC--_----— --_-- _-unn
• • .• I
_ - 1 — .. _.- ._._.__—!Resting Totals as of this WOC . ..
• ♦ :
- I .-- - (Resting Totals as d Ws WOC _
►Runnhq Totals as of liis WOC __--
• i
1 = I I I I