501-Utility Construction Agrmt 10/1993 Sanford,
P.O. Box 1788 - 32772-1788
Telephone (407) 330-5601
Fax (407) 330-5666
April 14, 1994
Mr. Jerry McCollum, P.E., County Engineer
County of Seminole
520 West Lake Mary Boulevard, Suite 200
Sanford, Florida 32773
RE: Lake Mar~ Boulevard Phase II - City of Sanford Utility Relocations
Dear Jerry:
This letter confirms our conversations of April 11, 1994, regarding
alternatives .for City action concerning the relocation of utilities in
Lake Mary Boulevard.
The Interlocal Agreement of October 14, 1993, between Seminole
County and Sanford provided the City the .right to withdraw its work from
the County construction contract if the construction bid price for City
work exceeded the City's estimated utility construction cost by greater
than 20 percent. The bid price was $498,000- while the City's estimate
(revised) was $328,000-. It is my understanding that bids for the
County contract were opened on March 16, .1994, and. that the
specification required that the bids he good for sixty days.
I have discussed this matter with our engineer And the
Commission, and it has been decided that Sanford will advertise for bids'.
for a separate utility contract for our work, with bids to be open on
May 3, 1994. A decision will be made on May 9, 1994 to either award a
separate utility contract under the City bid advertisement., or to
authorize the waiver of the City right to withdraw from the County
construction contract, authorizing the necessary additional funds to
facilitate construction under the County contract. I will. notify you
immediately following that action, on May 10.
I appreciate your assistance in this matter.
City Manager
WAS / acd
cc :. Utility Director City Attorney
Conklin, Porter & Holmes Engineers
a: \letter\mccollum
"The Friendly City"
O~tober 28, ~993
TO: City Clerk~
From: Utility Director ~
Re: Interlocal Utility Construction Agreement
Lake Mary Boulevard
Jan
Attached is an original interlocal agreement executed by the City
and County. Please file for safe keeping.
PM/dh
Attachment
SEMINOLE COUNTY/CITY OF SANFORD
[NTERLOCALUTILITYCONSTRUCTIONAGR~T
THIS AGREEMENT is made and entered into this ~_ of ,
1993, by and between SEHINOLE COUNTY, a political subdivision of the State
Florida, whose address is Seminole County Services Building, lIO1 East First
Street, Sanford, Florida 32771, hereinafter referred to as the COUNTY, and the
CITY OF SANFORD , a Florida municipal corporation, whose address is 300 N. Park
Avenue, Sanford, Florida 32771, hereinafter referred to as the CITY.
WITNESSETH:
NHEREAS, the parties hereto have the common power to construct, locate and
relocate their respective utility facilities and to contract for the performance
of such work; and
WHEREAS, the CITY desires, at its own expense, to construct water and sewer
utilities situated in rights-of-way of the COUNTY within the County road-widening
project, known as the Lake Mary Boulevard Phase II (C-IS to U.S. 17/92) Project;
and
WHEREAS, the CITY has requested the COUNTY to include in said Lake Mary
Boulevard Phase IZ (C-15 to U.S. Z7/92) Project certain additional work to meet
the needs of the CITY; and
WHEREAS, The COUNTY is agreeable to providing such work under the terms and
conditions hereinafter set forth; and
WltEREAS, this Agreement is authorized by the provisions of Section
Florida Statutes, which authorizes the exercise by agreement of two (2) or more
public agencies of any power common to them and other applicable law;
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the COUNTY and CITY agree as follows:
SECTION 1. PURPOSE. The purpose of this Agreement is for the COUNTY to
provide the following work to the CITY in the manner hereinafter set forth:
(a) All of the work is to be done according to the plans and specifica-
tions as prepared by Conklin, Porter and Holmes Engineering, Inc..
(b) The COUNTY shall advertise for and receive all bids for and let all
construction contracts for said work.
(c) The CITY reserves the right to terminate this Agreement and withdraw
its work from the COUNTY's construction contract if the construction bid price
for the CITY's work exceeds the CITY's estimated utility construction cost of
TWO HUNDRED AND SEVENTY-FIVE THOUSAND AND 00/100 Dollars ($ 275,000.00
__) by twenty percent (20%) or greater.
{d) The COUNTY shall provide on-site inspection services, subcontractors
for soils and material testing, engineering services, and surveys for as-builts
and quantities during construction, hereinafter referred to as CEI Services, for
the CITY's portion of the work for an estimated fee of THZRTY THOUSAND TWO HUNDRED
FZFTY AND 00/100Dollars {$ 30,250-09. The CITY shall approve in writing all contrac-
tor payment requests for the CITY's portion of the work and transmit to the
COUNTY for processing in a timely manner. The COUNTY shall process all payment
requests. The CITY shall prepare all change orders related to its p%rtion of the
work and CEI Services and transmit same to the COUNTY for processing. The CITY
shall be responsible for payment to the COUNTY for all costs resulting from
change orders on its portion of the work and CEI Services. In the event of a
conflict, the COUNTY shall have final authority. The cost of conflict manholes
not included in the base contract shall be the responsibility of the CITY. The
CITY is authorized to consult with and advise the COUNTY's consulting engineer
2
during the construction period. All direction to contractor shall be through the
COUNTY.
{e} The plans and specifications may provide for scheduled interruptions
of utility service; provided, however, that the date, time and duration of such
service interruptions first shall be approved by the Director of Public utilities of
CITY. It is further agreed that any scheduled or unscheduled cessation of
utility services shall not constitute a breach of this Agreement on the part of
either party hereto; and neither party shall be liable to the other for damage
resulting from such cessation of services. This release of liability shall not
be construed to release the contractor awarded the construction contract or any
other third party from any liability for any damage from whatever cBuse
whatsoever.
{f} Upon completion and acceptance of the work by the COUNTY, the COUNTY
shall transfer the respective engineering certificates and contractors~ and
manufacturers~ bonds, indemnities and warranties to the CITY by unconditional
assignment without any representation or warranty by the COUNTY or recourse to
the COUNTY, and the water and sewer facilities shall be and become the property
of the CITY, and shall be operated and maintained by the CITY, according to the
terms of the standard permit required by law for occupancy of publit rights-of-
way.
(g) The CITY, through its Director of Public .Utilities, shall have the righi
at all times to inspect the work and any and all records relating to the
performance of work and CEI Services. The COUNTY shall, upon request, furnish
five {5) copies of pertinent reports to the CITY.
3
(h) The COUNTY shall, upon completion and acceptance of the work, furnish
the CITY with two {2) dated copy sets of reproducible as-built drawings of the
COUNTY~s portion of work.
{i) The CITY shall, upon completion and acceptance of the work, furnish
the COUNTY with two (2) data copy sets of reproducible as-built drawings of the
CITY~s portion of the work
SECTION 2. ADMINISTRATIVE AGENT. The COUNTY is designated as the party
to administer this Agreement by and through its departments and officers,
consultants and independent contractors.
SECTION 3. COST COMPUTATION. The CITY's share of costs of the construc-
tion work and CEI Services will be calculated utilizing the bid award plus the
portion of the fee for project CEI Services that applies to the CITY's portion
of the work, and that figure shall be incorporated as part of this Agreement and
the CITY shall be obligated to pay the COUNTY the CITY's share of the cost of
work and CEI Services. Payment of ten percent {10%} of the total sum due to
COUNTY from the CITY shall be made to the COUNTY on or before the sixty-second
{62nd) day immediately following said bid award of the contract for construction.
The COUNTY will thereafter bill to the CITY, on a monthly basis, for its share
of the work and CEI Services completed as evidenced by invoices from contractor
for the CITY's share of construction costs and invoices from the COONTY for CEI
charges. Any late payments shall be assessed at a rate of ten percent {10%} per
annum. The sums to be paid by the CITY pursuant to this Agreement shall be
maintained in a separate account of the CITY and drawn upon by the CITY to pay
all costs pursuant to this Agreement. The CITY recognizes that the COUNTY is
relying upon the funds so deposited in order to award contracts and create
obligations. Any interest earned on the funds shall be credited to the account
4
and accrue to the benefit of the CITY. Final payment for any work or services
required in addition to the construction administration services and work
performed under the bid award shall be made by the CITY to the COUNTY within
thirty {30) days after completion and acceptance of all of the work and CEI
Services to be performed hereunder by the COUNTY. The COUNTY shall provide an
itemized statement for any additional work or CEI Services performed. No
additional work or CEI Services beyond those specified above shall be done
without notification to and concurrence of the CITY~s Manager; provided, however,
that, if in the opinion of the COUNTY's consulting engineer an emergency exists,
the consulting engineer may authorize measures which in his professional opinion
are reasonably necessary to prevent or mitigate damages which might result from
such emergency. Additional work or CEI Services required regarding construction
of the CITY~s water and sewer utilities beyond the work specified in the contract
for construction shall be authorized by Change Order issued in accordance with
the procedure set forth above and billed one hundred percent {100%) to the CITY.
SECTION 4. DUTIES AND LEVEL OF SERVICES. All services and work hereunder
shall be performed to the satisfaction of the COUNTY and the CITY's engineer.
In the event of conflict, however, the decision of the COUNTY shall control as
to all questions, difficulties'and disputes of whatever nature which may arise
under or by reason of such services and work, the prosecution and f~lfillment of
the services and work hereunder, and the character, quality, amount and value
thereof. The COUNTY's decision upon all claims, questions, and disputes shall be
final and conclusive with respect to all services and work performed or to be
performed.
SECTION 5. EMPLOYEE STATUS. Persons employed by one party to this
agreement in the performance of services and functions pursuant to this Agreement
shall have no claim to pension, worker's compensation, unemployment compensation,
civil service or other employee rights or privileges granted by the operation of
law or by the other party to its officers and employees. It is further agreed
that each party's employees shall at all times remain in the employment of said
party and said party shall be responsible for all wages, compensation, benefits,
payroll taxes and insurance coverage for such employees.
SECTION 6. COOPERATION. To facilitate performance under this Agreement,
the CITY agrees that the COUNTY shall have full cooperation and assistance from
the CITY, it officers, agents and employees.
SECTION 7. LIABILITY. The CITY shall indemnify and hold the COUNTY
harmless from and against all liability for claims for damages, extra compensa-
tion and suits of any kind made or brought by the contractor awarded the contract
for construction hereunder related to the CITY~s portion of the project
irrespective of negligence, actual or claimed, upon the part of the COUNTY, its
agents or employees, except gross negligence of the COUNTY, its agents or
employees. Additionally, the CITY shall indemnify and hold the COUNTY harmless
from and against all liability for claims for damages, extra compensation and
suits of any kind made or brought as a result of the CITY~s services including
the work of any CITY contractor~ on the CITY's portion of the project including
any effect that the CITY~s activities may have on the COUNTY's portion of the
project irrespective of negligence, actual or claimed, upon the part of the
COUNTY, its agents or employees, except gross negligence of the COUNTY, its
agents or employees. This Agreement by the CITY to indemnify and hold the COUNTY
harmless shall include all charges, expenses and costs including attorney~s fees
incurred by the COUNTY on account of or by reason of any such damages, liability,
claims, suits or losses.
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SECTION 8. ENTIRE AGREEMENT.
(a) It is understood and agreed that the entire Agreement of the parties
is contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter heraof as well
as any previous agreements presently in effect between the parties relating to
the subject matter hereof.
{b) Any alterations, amendments, deletions, or waivers or the provisions
of this Agreement shall be v.alid only when expressed in writing and duly signed
by the parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this
instrumeBt for the purpose herein expressed.
ATTEST: CITY F S~FO,~.~M
~6~o~a~. , Clerk By: RD
ATTEST: BOARD OF COUNTY COMMISSIONERS
MORSE
-Clerk to th a f
County i i s f · Date:
i
o mi.ole Co..ty As a.thori ed for exec.tio. by
Approved as to form andat their
legal sufficiency. regular meeting.
FVP/jac
~11719~
SAN/SEMCO.LM2