780-FDOT/Turnpike/417FPID: 240258-2-56-01
MEMORANDUM OF AGREEMENT
FOR::
RELOCATION/CONSTRUCTION OF UTILITY IMPROVEMENTS
BETWEEN
CITY OF SANFORD
AND
FLORIDA DEPARTMENT OF TRANSPORTATION
TURNPIKE DISTRICT
AT
FDOT' S ~SR 417 (GREENEWAY)
PROJECT 2, SECTION 1
SEMINOLE COUNTY, FLORIDA
This instrc,.ment prepared by:
Turnpike District Utilities
8-19-99
240258-2-56-01 417 Seminole N/A
THIS AGREEMENT, made and entered into this / ~ dayof OcT~a0/~ ,1999, byand
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TURNPIKE
DISTRICT, hereinafter referred to as the FDOT, and the City of Sanford, a political subdivision
oft he State of Florida hereinafter referred to as UTILITY.
WITNESSETH:
WHEREAS, the FDOT is constructing, reconstructing or otherwise changing a portion
of the State Highway System designated by the FDOT as Financial Project No.240258-2, State
Road No. 417 Seminole County Expressway ( Greeneway ) - Project 2, Section 1, beginning at
US 17/92 and ending at a point west of Old Lake Mary Boulevard, hereinafter referred to as the
PROJECT and, which shall call for the protection, adjustment, relocation, removal, installation
and/or some combination thereof, of the Utility's facilities along, over and/or under said
highway; and
WHEREAS, the plans for said construction, relocation, or other changes to be made to
the Utility' s facilities have been reviewed by the FDOT and the UTILITY, and are hereinafter
referred to as "Utility Work"; and
.'WHEREAS, the FDOT shall assume all costs as outlined in Exhibit 'A' to this
agreement for the reimbursable utility work that FDOT has included in its project: and
WHEREAS, the UTILITY shall assume all costs as outlined in Exhibit 'A' to this
agreement for the non-reimbursable Utility Work that FDOT has included in its Project; and
WHEREAS, the FDOT and the UTILITY have determined that it would be to the best
interest of the general public and to the economic advantage of both parties to enter into a
MEMORANDUM OF AGREEMENT, hereinafter referred to as "MOA', providing for such
Utility Work;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it
is agreed by the parties as follows:
1. The MOA govems the Utility's proposed reimbursable and non-reimbursable
facilities within the limits of the FDOT project as set forth in the plans and cost estimate
of the FDOT road construction contract, more specifically described as:
Reimbursable- ref. Sheets U-4 thru U-10 of the utility plans- reloeation of existing
utilities along Southgate Road between Airport Blvd. and State Street, including 8" water
main lines, gravity sanitary sewer lines, and casing pipe at the SR 417 crossing. The
estimated cost of said reimbursable work is $ 458,504.25, which includes design,
permitting, engineering inspection, testing, monitoring and construction '.
Non- Reimbursable- ref. Sheets U-11 thru U-14 -"Relocation and or construction
of an 18" water main and 18" force main in the area west of highway 17-92 in and around
the Airport Blvd. overpass. The estimated cost of said non-reimbursable work is
$440,130.20 which includes design, permitting, engineering inspection, testing,
monitoring, and construction.
2. The UTILITY will prepare the design plans and specifications for all of the
necessary Utility Work, and shall furnish complete original plans together with a
complete set of specifications covering all construction requirements for the UTILITY
WORK to the FDOT no later than April 30,1999. The furnished plans shall be of the
same type as FDOT's contract plans and suitable for reproduction by the FDOT. Final
plans shall be complete in every detail and will include a "Summary of Quantities" sheet.
The UTILITY shall coordinate the development of the Utility Work plans with the
FDOT's plans. The FDOT, upon request by the UTILITY, will furnish all available
highway information required by the UTILITY for the development of the Utility Work
plans and the FDOT shall cooperate fully with the UTILITY to this end.
3. The UTILITY accepts sole responsibility for obtaining at its expense all the
necessary Department of Environmental Protection permits required by this Utility Work.
4. All Utility Work included in the MOA shall be performed in accordance with the
plans and specifications of the FDOT relating to the Project, which plans and
specifications are, by reference hereto, made a part hereof. The UTILITY will be
responsible for verifying the accuracy of its facilities, and the FDOT will be responsible
for any changes to the Utility's plans made necessary by errors or omissions in the survey
information as fumished by the FDOT. In any conflict between UTILITY and FDOT
specifications, the FDOT's specifications will govem. All Utility Work performed on
facilities to be relocated to positions within the FDOT right of way shall be accomplished
in accordance with the FDOT "Utility Accommodation Manual", 1993 revision.
5. The UTILITY shall furnish engineering inspection, testing and monitoring
services for the non-reimbursable Utility Work, and shall furnish the FDOT's engineer
with progress reports for diary record, approved quantities and mounts for weekly,
monthly and final estimates. All field survey control for the Utility Work shall be
provided by the FDOT pursuant to the supervision of the FDOT's engineer. The FDOT
shall be responsible for the coordination of the Utility Work with that of the FDOT
contractor and other utilities and/or their contractors and the UTILITY shall cooperate
fully in this matter. All information required for changes pertaining to the Utility Work
shall be promptly fumished to the FDOT by the UTILITY upon the request of the FDOT.
6. The FDOT will provide the necessary engineering supervision to assure that
construction is in compliance with the plans and specifications hereinafter incorporated.
The FDOT shall adhere to its standard bidding procedures for all contracts related to the
Utility Work at its sole expense. All services and work provided pursuant to such
contracts shall be performed to the satisfaction of the FDOT TURNPIKE DISTRICT
DIRECTOR OF OPERATIONS or designee, who shall decide, with the concurrence of
the UTILITY, all questions, difficulties and disputes of whatever nature related to such
contracts, and the character, quality, mount and value of services provided; and his
decision upon all claims, questions and disputes thereunder shall be final and conclusive
upon the parties hereto.
7. Upon completion and acceptance of the work by the UTILITY, it shall own,
control, maintain and be responsible for all facilities, in accordance with the terms of any
and all utility permits.The UTILITY further agrees to comply with all provisions of the
FDOT "Utility Accommodation Manual", 1993 revision.
8. Neither party to this MOA, its officers, employees and agents shall be deemed to
assume any liability for the acts, omissions and negligence of the other party, its officers,
employees and agents.
9. This MOA incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this MOA that are not contained herein. Accordingly, it
is agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. It is further agreed that no
modification, amendment or alteration in the terms or conditions herein shall be effective
unless contained in a written document executed with the same formality and of equal
dignity herewith.
10. This MOA shall be govemed, interpreted and construed according to the laws of
the State of Florida. In the event of any conflicts between this MOA and any conditions
contained in any utility permits that have or will be issued for Utility Work, the terms of
the MOA shall control.
11. If any part of this MOA shall be determined to be invalid or unenforceable by a
court of competent jurisdiction, or by any other legally constituted body having the
jurisdiction to make such determination, the remainder of this MOA shall remain in full
force and effect provided that the part of the MOA thus invalidated or declared
unenforceable is not material to the intended operation of this MOA.
(THIS SPACE INTENTIONALLY LEFT BLANK)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their duly authorized officers, and their official seals hereto affixed, the day and year first
above written.
Utility: City of Sanford
By: o/fny"2Mff.~M
Anth anager
As authorized by the City Commission during it ,.s~ c>~ '7
meeting
et
STATE OF FLORIDA
DEPARTMENT OF .
BY: JZ
Tumpike District
ATTEST(s): ~ ~ .~d4~~,~q,-- (SEAL)
,1999
FDOT Approved as to Form, Legality and Execution
By ~Auorney ~ 'ct Utili
Exhibit 'A '
A breakdown of all costs associated with the reimbursable and non- reimbursable utility
improvements for the project, ref. Sheets U-5 thru U-14 of the plans;
Total construction bid amount:
$ 787,914.88
Total engineering design, permit
and inspection costs:
$110,719.57
Total of costs
$ 898,634.45
The Utility will pay:
Engineers estimate based on FDOT
payitem average unit costs, for items
on sheets U-11 thru U-14:
$ 336,482.00
10% overage based on JPA policy $ 33,648.20
Portion of the design, permitting
and inspection costs for the
non-reimbursable utility
improvements:
$ 70,000.00
$ 440,130.20
The FDOT will pay:
Balance of the bid price for the
improvements:
$ 417,784.68
Portion of the design,permitting,
and inspection costs for the
reimbursable improvements:
$ 40,719.57
Total: $ 458,504.25
BUCKLEY,
:i~ SCHUH &
JERNIGAN, INC
General Consultant
Florida- Department of Transportation. Turnpike District
May 6,1998
Mr. W. A. Simmons. P. E.
City Manager
City of Santbrd
300 North Park Avenue
Sanford, FL 32771
Dear Mr. Simmons:
Re: FINAL AGREE~,IENT PACKAGE
WPI: 5117756
SPN:' 77310-650l
DESC:Serninole County Expressway, Section l
We concur that the City is eligible for reimbursement for all work performed due to our
construction. This approval is authori:,ation to proceed and ~nalize all engineering on above listed
project. All work should be documented and perthtreed as described by FDOT policy and procedures.
All costs associated with the reloeation/adjustrnent of the City's facilities, which the city has
compensable interest, will be borne by the FDOT.
The City's reloeationiadjustment work will be inchuled in the FDOT plans. Our contractor will do the
work and FDOT will pay contractor. All other costs will be covered under a standard FDOT
reimbursable agreement/work arder. This office will work closely with the City.
If we can be of further assistance, please contact this office at (850)877-7275.
Sincerely,
Jerry Sasscr
Turnpike Utilit3' Engineer
CC:
M. Crumpton
J. Clark
B. Bolan
I Z I 1 Governors Sauare Boulevard. Suite 400, Tallahassee. florida 32301 * Teleohone: 904/877-7Z75 * Fax: 904/878-5904
gggggggggggggggggggggggggg~g
8888888888888888888888888gg8
88888888'83888888888888888gS8
gggggggggg
gggg S~
88'88888888
888898gggg
888888gggg
0
S ~
"~888:BS8888~88888888:sssSss~~$~~ ~
ra,~ au, ~U / e4'/'/UU~ P. 3
Sent by: GPH Engineers Inc 407 330 0639; 09/02199 8:55AM;JIIrjlL#21; Page 2/2
u,
c1
0
I-
;z
0
tJ
w
o,
0
0
.,r
Jerry Sasser
Turnpike Utility Engineer
Post, Buckley, Schuh, and Jernigan
1211 Governoads Square Boulevard, Suite 100
Ta!lahassee, Florida 32301
Sub|ect:
Seminole County Expressway
Phase 2 - Section I
U.S. 17-92 to Old Lake Mary Road
WPI# 5117756
Dear Jerry:
As you requested on July 9th during our telephone conversation, the City's
antidpated engineering costs associated with the above prolect's reimbursable work
items are:
Design, permitting, investigation, and coordination - $21,822.57 ' :
Construction, englneering, inspection, and coordination - $18,897.00
Should you have any questions, please do not hesitate to contact me at
(407) 330-5639.
Sincerely,
THE CITY OF SANFORD
MIchael G. Crumpton, PE, MPA
Utility Engineer
cc: David Gierach, PE, Conkiln, Porter, and Holmes
"The
Friendly City"
MEMORANDUM OF AGREEMENT
EXHIBIT "B"
THIS AGREEMENT, made and entered into this /8 , day of O~-/-o ~,, , 19 3_9 , byand
between the State of Florida, Department of Transportation, Turnpike District, hereina~er referred to
as "FDOT" and the State of Florida, Department of Insurance, Division of Treasury, hereina~er
referred to as "TREASURY" and City of Sanford, hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "FDOT" is currently constructing the following project:
SR 417 - Project 2, Section 1
State Project No: 240258-2-52-01 and 240258-2-52-02
F.A.P. No.: TNPK 007 Y
County: Seminole
hereinafter referred to as the "Project".
WHEREAS, FDOT and the PARTICIPANT entered into a Joint Project Agreement dated
0~ ~ /~ ,19 ,e,~ , wherein FDOT agreed to perform certain work on behalf of the
Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of the FDOT and the Participant if an escrow account were established to provide funds for
the additional work performed on the Project on behalf of the Participant by FDOT.
NOW THEREFORE, in consideration of the premises and the covenants contained herein the
parties agree to the following:
1. An initial deposit in the amount of $329,410.63 (Three Hundred Twenty-Nine Thousand. Four
· Hundred Ten and 63/100 dollars) will be made by the Participant into an escrow account. Said
escrow account will be opened by FDOT on behalf of the Participant in the name of the Florida
Department of Transportation, Turnpike District with the Department of Insurance, Division of
Treasury, Bureau of Collateral Securities upon receipt of this Memorandum of Agreement. Such
account will be opened and shall be deemed to be an asset of FDOT.
2. Other deposits will be made only by the Participant as necessary to cover the cost of the Utility
work prior to the execution of any Supplemental Agreements.
3. All deposits shall be made payable to the Department of Insurance. Revenue Processing and
mailed to the FDOT's Office of Comptroller for appropriate processing at the following address:
Florida Department of Transportation
Office of Comptroller (M.S. 24)
605 Suwannee Street
Tallahassee, FL 32399-0450
ATTN: JPA Coordinator
Page 1 of 2
A copy of the Agreement shall accompany the deposits.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers, and their official seals hereto affixed, the day and year first above
written.
UTILITY: CITY OF SANF~L~
Anthony nderwor
,1999 meeting
(SEAr'), ,- -
STATE OF FLORIDA- DEPARTMENT OF TRANSPORTATION
STATE OF FLORIDA - DEPARTMENT OF TRANSPORTATION
Legal Review: Date
BY: _
ey - FDOT
:~TE ,,~/DEB F TRANSPORTATION
itle: )
ATTEST:
J :~JOBS~S0620.00~
(SEAL)
Page 2 of 2