Resolution 95-802A ~. -LUI,
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OKiGIIVAL
- SEM INOLE COUNTY/CITY Of Longwood
INTERLO[AI„_IIT IL_f TV CONSTRUCT [ON AGRFEM~FNT
iN (S AfrREFMEHT is made and nt erect into this /~ Day pf
19~, by and bekwean SEM INOLE COUNTY, a political subdivision of the State
of Florida, whose address is Seminole County Serri ces Build fng, 1101 Eas[
First Street, Sanford, Florida 32 ]]I, hereinafter referred to as COUNTY, and
the City of Longwood a Llor ida municipal corporation, whose
address is 1J5 N. Marren Avenue Eongwcod 32]50 ~ hereinafter
referred tp as CITY.
N [TNESSETH:
r
MHEREAS, 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
MHEREAS, the CITY desires, at its own expense, to construct water and
sewer uti ltt Les situated in rights-of-way of [he COUNTY within the Cou n [y
road widening project, known as the C.R. 42J Phase 111
Project; and
MHEREAS, the CfTY has requested the COUNTY to include in said
C.R. 42] Phase III Project certain additional work to meet Lhe needs
of ene aiv; and
MHEREAS, the COUNTY is agreeable [o providing such work under the terms
am rune u;ons here; nafeer :ee fOrtn; ana
MHEREAS, this Agreement is authorized by the provisions of Section
163.01, Florida Statutes, which authorizes the exert use by agreement of two
(2) or mare public aqe ncies of any paver common to them;
NOM THEREFORE, in consideration of the mutual covenants herein
REY/ISED 4/14/9A
mnta idea the muetr aid uTr agree as follow::
SECTION 1. PURPOSE. the pu rpa se of this Ag reemenC is for the COUNTY Ya
provide the following work to the CI iY in the manner hereinafter set forth:
(a) All of the work is to be done according to the pla nz, specifica-
tions and bidd fny documents as Orepared by CI iY'S Consultant Cochrane
E¢gf nr<r'nq Inr , and word ina [ed by CI iY'S Consultant with fOUNTV's plans,
specifications and bidding documents so as to fit together forming a single
u namb tquous contract and bitl package.
(bf C[Tr'S LONSNI. TANT, shall provide COIIN TY with prig lnal plans,
s pecif ica[iq ns and q[ner bidding documents, signed and sealed, on or before __
~IL¢e1_, 1g$ri .
(c) Lf TY'S utilities shall be designed far permanent (and temporary if
necessary) construction, coordinated with COUNTY'S proposed construction, and
added [o Utility Adjustment Pia ns, on Plan and Profile.
(d) CITY'S CONSULTANT, shall provide written answers to questions or
situations requ iri n9 the issuance of addenda, during the Bidding Process.
Answers shall only be furnished to CWNTY'S Pu rchasi ny Agent. No written or
oral communication by C[TY or CITY'S Consultant with Bidders, Planholders or
others interested in the bid will be permitted, prior tq Award of Contract.
(e) The COUNTY shall advertise for and rece eve all Aids far and
exclusively award all construction contracts for said work.
(f) The COUNTY shall provide on-site inspection serv zces,__
subcontractors for soils and material testing, engineering services, and
surveys for as-bui lts and quantities du rinq c ns truct~o hereinafter referred
to as CEI Services. for the LITV's portion of [he work for an estimated fee
of Forty-five thousand and 00/100----------- (545,000.00 ).
/' 2 REVISED 4!14/94
the CITY shall approve in writing all contractor payment requests for LM1e
City's portion of the work and transmit [o CM1e COUNTY for processing in a
timely manner. The COUNTY shall process all payment requests. the C[TY shall
prepare all change orders related to its portion of the work and CEI Services
and transmit same to the COUNTY for process iny. TM1e CI iY shall be responsible
far payment to Ghe COUNTY for alt casts 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. TM1e cost of conflict manholes no[ included in the
original contract shall be the responsibility of the CITY. the C[iY is
author izetl to consult with and advise the COUNTY's consulting engineer during
the construction period. All direction tp contractor shall be through the
COUNTY.
(g) C[iY will ma ~nta~n and operate its facilities (esisCl ng, temporary
and new) during the construction of COUNTY'S pro Sect.
~ (h) The plans anA specifications may provide for scheduled
interruptions of utility service; provided, however, that the da [e,time and
duration of su cM1 serv ice interruptions firs[ shall be approved by the _P pl 'r
Wgrks_Oepartment of [1 iY. I[ is further agreed that any scheduled or
unscheduled cessation of u[ili ty services shall not con sti tote a breach of
this Agreement en the part of either party hereto: and neither party shall be
liable tp the other for damage resulting from such cessation of services.
This release of liability shall not be construed to release the contractor
awarded the censtruci ion contract or any other third party from any liability
far any damage from whatever cause whatsoever.
(i) Upon completion and a ceptance of the work by the COUNTY, [he
CUUNTY shall transfer the respective enq sneer i ng certificates and contractors'
3 REVISED 4/14/94
aid m n~far corers' Hones, mdemnrties and warm nG;es m the an by
unconditional assignment without any representation or warranty by the COUNTY
or recourse [o [he COUNTY, and [he water and sewer fa[i lilies shall be and
become the property of the L[IY, and shall be operated and maintained by the
C [TY, according [o the terms of the standard permit required by law far
occupancy of public rights-of-way.
(j) the CITY, through its Pubt tc Works Department shall have [he
right at all times to inspect [he work and any and all records relating to the
performance of work and CEI Services. The COUNTY shall, upon request, furnish
[h ree (3) cap ies of pertinent reports.
(k) The COUNTY shall, upon completion and acceptance of the work,
furnish the CITY with one (t) set of reproducible as-built drawings of the
COUNTY'S Dort ion of work.
(1) The CI iY shall, upon completion and acceptance of the work,
r
furnish the COUNTY with one (1) set of reproducible as-built drawings of the
C ITY's portion of the work
SECTION 2. ADMINI STRAT [VE A6ENT. The COUNTY is designated as Che party
eo administer this Agreement by and through its departments and officers,
consultants and independent contractors.
SECTION 3. COST COMPUTAT [ON. The C[TY's share of cost of the
construction work and CEI Services shall be ca lcv lated utilizing the bid award
plus the fee for CEI Services, and that figure shall be incorporated as part
of this Agreement. C[iY shall be obligated to pay Lhe COUNTY the C[TY's
share of the cost of work and CEf Services. Payment of ten percent (]0%) of
the CITY'S share shall Ve made [o the COUNTY on or before the sixty-second
(62nd) day immediately following said bid award of the contract for construc-
~ a REVISED 4/14/94
t ion. the COUNTY wlll the rea f[er bill tp Che CITY, on a monthly bas iz, i[z
share of [he work and CEI Services completed as evidenced by an ~nvo ice from
contractor. Any payme n[z sM1a 11 be assessed at a rate of ten percent (]0%) per
annum. these funds paid by the CITY shall be held In a separate account from
which amounts will be drawn by the COUNTY [o pay invoices of the CONTRACTOR
for work and CEI Services ac omplished on the C[TV's portion of the project.
Any interest earned on the funds shall be credited [o the account and accrue
tp the benefit of [he CITY. In the event that excess funds are in the account
at contract closeout they shall be first credited against otM1er charges
payable by the CI TV under other provisions of this clause. Any remainder
shall be refunded by the COUNTY to the CITY within thirty (3U) days after
completion and acceptance of all the work and CEI Services to be performed
M1ereu nder. Final payment for any work or se rv~ces required in addition to the
construction administration se rv~<es and work performed under Che bid award
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shall be made by the CI iY to the COUNTY within thirty (30) days after
completion and acceptance of a71 of the work and CEI Services to be performe0
hereunder by the COUNTY. the COUNTY shall provide an itemized statement for
any add i[ignal work or CE[ Services performed. No additional work or CE[
Services beyond those specified above shall be done without notification to
and concurrence of the C[TY'S Public Norki 02partment prpv ided,
however, [ha [, if fn the opinion of the COUNTY'S consul ti nq engineer an
emergency exists, the consulting engineer may authorize measures which in his
professional opinion are reasonably necessary to prevent pr mitigate damages
wh icM1 might result from such emergency. Adtli tionai work or CE[ Services
required regarding c ns tru ct ion of [he C[TY's water and sewer utilities beyond
the work specified in the contract far construction shall be authorized by
5 REVISED 4/14/94
cna nqe araer ixs~ea m accordance with the aroceaUre xet fortn ano~e ana
ni ned oDe Hundred percenc Ilooa to me aTV.
SECTION 4. DUTIES ANO LEYEL OE SERVICES. Atl serv ices and work
hereunder shall be performed tv Lne satixfact ion pf [he COUNTY or the LOUNTY's
consulting en9 ineer, who sha 11 decide all ques[iq ns, difficulties and disputes
of whatever nature wh icn may arise under or by reason of such services and
work, [ne Dro secvti on and fulfillment of [he serv ices and work hereunder, and
the character, quality, a unt and value thereof; and its decision upon all
claims, questions, and disputes shall be final and conclusive with respect [p
all services and work performed ar [o be performed.
SECTION 5. EMPLOYEE STATUS. Persons empl Dyed by the COUNTY in the
performance of services and functions pursuant to this Agreement shall have no
claim to pension, worker's cvmpe nxativn, unemployment compensation, ct vil
service or other employee rights Dr privileges granted by the operation of law
yr by the CITY [o Officers and employees of the CITY.
SECT ION fi. LOOPERAT [ON. To facilitate performance under this
Agreement, the C[TY agrees that [he COUNTY shall have full cooperation and
assistance from the CI iY, it officers, agents and emp lDYee s.
SECTION ]. LIAR IL ITY. The CITY shall indemnify and hold the COUNTY
harmless from and against all liability for claims for Aama9es, extra
compensation and suits of any kind made or brought by the contractor awartled
the contract for construction hereunder related to the L[TY's portion of [he
project irrespective of negligence, actual or claimed, upon the part of the
COUNTY, its agents or emD lvyees, except gross negligence of the COUNTY, its
agents or employees. Additionally, the C[TY shall indemnify and ho td the
COUNTY harmless from and ago i nxt atl liability for claims for damages, extra
REVISED 4/1 d/94
coin . n ifs of a y kind ma tle or 0 uu ghc a_ -.. zu It of tee CLTY's
vervi~ including the work nY a y Clrv co n cra c for I.g CITV's par ci on of
[i.. i n9 ~ effect Chat the i ies have on the
l! s par n I o~ C it es pect of al or c1aiTM,
u6u~~ [le part of the LONNiV, ftr agan is of amp to ss neyltgen<e
of CM1e IORNTY, t[s agents or employees. This A [he [TY to
ind~nn i4y and no is ffie COUNTY harmless shall tncl itl< I cha ryes, expenses and
cos cs ~nclud inq attorney's flees inevreetl by the COUNiY on account o. or by
leas on of any such demo ges, tiab tlf Ey, claims, suits or lossez.
SECTSON tl. FNTIRI'_' AGRffMFNT.
(a7 [C 1s ands rstooa and agreed that fns entire Agreement o! thm
poi ti¢s is co ntainetl herein a~A that Lhis Agreement su pe r sea es all oral
m¢n ~s and negol is t'ions .en fhe parties re to ti ng to fns subjecf matter
hereof as 4a II as any ^•~~~ eements pr¢sent ly in effect hefween the
parCixs reta ti ng i~ [hx it r h roof.
(D) ~~ny al ~~i ci io ., .omen vs, deletions, o. salvers of the
provisions of [n is Agreeme ill Ue vat itl only when ozp ressca in wr iting and
Du lv i by she parties.
IN ViTNESS NtiFRFAF, ¢tle parties her ~ Y ni, and e-secu [ed to is
ii_ the purpc t e
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8 RLVI$ED a/Se/9c