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UTILITY INSTALLATION PACO COUNTY/ROWAN ROAD TO MITCHELL BYPASS ... I DEPARTMENT OF TRANSPORT A TION FLORIDA LAWTON CHILES GOVERNOR 11201 N. McKinley Drive, MIS 7-8!ll' G. WATTS Tampa, Florida 33612 SECRETARY (813) 975-6040 April 3, 1996 Cleanvater Gas System Mr. Kelly O'Brien 400 N. Myrtle C1eanvater, FL 34615 CL1i;J7 Gi,-S :::,"{'sTEJ'-.'{ -.'-:; j:-j) ::';: SECTION: JPANO.: WPINO: SR: COUNTY: DESCRIPTION: 14560-3515 14570-6517 7115970 54 PASCO E. OF ROW AN ROAD TO MITCHELL BYF ASS n 'r:~~ -,.....-1 -:-. .il.~ Ju "c...... ';;,.:, Dear Mr. O'Brien, We are enclosing your copy of !he executed Joint Project Agreement and Change Order No.1 for utility installation by Highway Contractor. Thank you for your cooperation in this phase of !he negotiation, and we will be keeping you abreast as !he remaining phases take place. If you have any questions regarding !his project. don't hesitate to call me. Respectfully, Steven J. Tidwell District Utility Engineer ~.;j.~ By: Stephanie S. Dreher Assistant Utility Engineer form#23 Enclosure xc: Marc Knapp, District Const. Services Engineer Brian McKishnie, Resident Construction Engineer Bob Griner, Preliminary Estimates, Central Office Mi Yeon Dunn, Office of the Comptroller Project File /";('; L/'.1.../ (i)RECYCUIl PAP..{i) HORM 710-030-01 7/91 STfTE OF FLORIDA DEPARTMENT OF TRANSPORTATtN DIVISION OF PRECONSTRUCfION & DESIGN UTILITY WORK ORDER CIIANGE NO 01 WPI PROJECT NUMBER S.R. COUNTY PAR. & R1W# FAP# 7115970 14570-3515/6517 54 PASCO 1 N/A UTILITY AGENCY CLEARWATER GAS SYSTEM 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: Highway Contractor will adjust and/or relocate their facilities to nonconflicting locations, For details, see the attached Relocation Schedule. 2. The item(s) of work covered by this Work Order Change is referenced to an Agreement 2-1-96 of record dated and no Supplemental Agreement is reQuired. B. I. The Utility Relocation Work is to conform to that shown by the utility adjustment plans as: "- - ATTACHED b. ..1L INCLUDED IN THE HIGHWAY CONTRACT PLANS 2. Reimbursement 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. ..1L NONREIMBURSABLE - Se<tion.Ol(4)(a) b. - REIMBURSABLE - Se<tionOI(4)(b) (I) ..1L Force Account Method (2)_ Lump Sum Method (3) Third Partv Contract Method C. ESTIMATED COST OF WORK DUE TO THIS CHANGE ITEM NO. ITEM UNIT PRICE WORK ELIMINATED'-' ADDITIONAL WORK (+) OUANTITY AMOUNT OUANTITY AMOUNT Estimate to install proposed 87,375.00 natural gas main 4,368.75 Mobilization 5% 1,747.50 Maintenance of Traffic 2% 93,491.25 Subtotal 4.674.56 Contingency 10% 9.816.58 CEA 5% GrandTotal ......0.. ....-................. .. ................_......................n....................................... ................... ...$ -0- $ 107 982.39 Net Cost of Construction changes, this order .......................... ...n........................................ ..................... ........$ -0- $ 107.982.39 Cost of Construction changes, previously ordered .... ....................................... ............-.............. ..... .....$ -0- $ -0- Net Total Cost Construction changes to date ................... ........................................... .................... .................$ 107982.39 Contract Amount .....'n................. ..................... .......................-..-..-.............-. ..................... .... ...................$ 107982.39 Estimated Cost of Work Authorized to date .........n.......................... ....................... .................... .....................$ 107 98239 Examined as to provisiom and participating items of cost: Recommended: 4/3/0)G, r _ ~~(D.J.Q--L Approved: J District Utility Coordinator District Utility Engineer Division Administrator Federal Highway Administration I STATE OF Fl..ORIDA DEPARTMENT OF TRANSPORTATION I JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY HIGHWAY CONTRACTOR NONREIMBURSABLE FORM 710-010-22 urn:..rrmS. 04/94 Page t of 5 . 111'i!.jlll~!~tDI!w~(i.'III~II!! :~1fllk'll ~1!1111.lIIil!ll:lllllil.lli!11!II(~!I!lill!III!III~I!'1!rlll!lllli;~:I:lllll~rlll;I'1 7115970 14570-3515/6517 54 PASCO N/A. THIS AGREEMENT, made and entered into this I~ day of Febn..JClry , l~ by and between the STATE OF FLORlDA DEPARTMENT OF TRANSPORTATION, hereinafterreferred to as the FDOT, and Clearwater Gas Systems, hereinafter referred to as UTILITY, an organization organized and existing under the laws of Florida , with its principal place of business in Clearwater, County of Pinellas State of Florida WITNESSETH: WHEREAS, the FDOT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the FDOT as State Project No. 14570-3515, Road No. 54, from E. of Rowan Road to Mitchell Byuass, which shall call for the adjustment, relocation andlor installation of the Utility's facilities along, oyer andlor under said highway; and WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as aboye described, have been reyiewed by the FDOT and the UTILITY, said above described UTILITY relocation, hereinafter referred to as "Utility Work"; and WHEREAS, the term "Cost of Utili ty Work" shall include the entire amount paid by the UTILITY properly attributable to such work; and WHEREAS, the UTILITY has expressed its desire to assume all costs incurred by this Utility Work and has requested the FDOT to include in said Project certain plans and specifications to meet the UTILITY'S needs; and WHEREAS, the FDOT and the UTILITY have determined that it would be to the best interest of the general publi" and to the economic adyantage of both parties to enter into a JOINT PROJECT AGREEMENT, hereinafter referred to as "lP A," proyiding for such work; NOW, THEREFORE, in consideration ofthe mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The FDOT and the UTILITY shall participate in a lP A, the scope of which will coyer only the UTILITY facility within the limits of the project as included in the plans and estimate of the FDOT contract, more specifically described as installation of ~as facilities. The estimated cost of said project is $107 , 982.39 including allowances; and the method of payment is specified in Exhibit "A" attached hereto and made a part hereof. I I FORM 71 0-01 0-22 UTILITIES. 04/94 Pago2orS 2. The UTILITY will prepare, at its expense, the design and plans for all ofthe necessary Utility Work specified above, and will furnish to the FDOT no later than January 15 . 19 96 , complete original plans, same as FDOT's contract plans, all suitable for reproduction by the FDOT, together with a complete set of specifications covering all construction requirements for the Utility Work. Final plans shall be complete in every detail and will include a "Summary of Quantities" sheet. It will be the responsibility of the UTILITY to 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. All of the work on the IP A is to be done according to the plans and specifications of the FDOT which plans and specifications are, by reference hereto, made a part hereof. The UTILITY will be responsible for verifYing the accuracy of the FDOT'S underground survey information, and will also be responsible for any changes to the UTILITY'S plans made necessary by errors or omissions in the FDOT'S survey information as furnished to the UTILITY. All errors, omissions or changes in the design of the Utility Work will be the sole responsibility of the UTILITY. In any conflict between UTILITY and FDOT specifications, the FDOT'S specifications will govern. All Utility Work covering facilities to be relocated to a position within the FDOT right of way will be accommodated in accordance with the FDOT "Utility Accommodation Manual." 4. The UTILITY, at its expense, will furnish all engineering inspection, testing and monitoring of the Utility Work, and will also furnish the FDOT'S engineer with progress reports for diary records, approved quantities and amounts for weekly, monthly and [mal estimates. All field survey control for the Utility Work will be furnished by the UTILITY under the supervision of the FDOT'S engineer. The coordination of the Utility Work with that of the FDOT contractor and other UTILITIES and/or their contractors will be the responsibility of the FDOT, and the UTILITY shall cooperate fully in this matter. All information required for Changes or Supplemental Agreements pertaining to the Utility Work shall be promptly furnished to the FDOT by the UTILITY upon the request of the FDOT. 5. The FDOT will provide the necessary engineering supervision to assure construction is in compliance with the plans and specifications hereinafter referred to, and shall receive all bids for and let all contracts for said Utility Work all at the sole expense of the UTILITY. All bids for said Utility Work shall be taken into consideration in the award of bid on the FDOT Project and the UTILITY shall have the right to review and reject any and all bids on the Utility Work. If said bids exceed the FDOT'S estimated cost by more than ten percent (10%), the FDOT may elect to participate in the cost involved in the Utility Work. Such participation shall be limited to the difference between the FDOT'S official estimate plus ten percent (10%) and the amount awarded for the Utility Work. In the event the FDOT does not elect to participate in the manner prescribed above and the bid is rejected by the UTILITY, then the UTILITY shall arrange, at its own expense, for the prompt construction of the Utility Work in accordance with the relocation schedule submitted by the UTILITY. In the event the UTILITY elects this option, the UTILITY shall notifY the FDOT of its intent and request the refund of the deposited funds. Upon the receipt of such notice, the FDOT shall amend the highway contract documents prior to award. The UTILITY shall cooperate with the FDOT'S contractor to schedule the sequence of the UTILITY'S work so as not to delay the work of the FDOT'S contractor. The UTILITY shall defend any legal claims of the FDOT'S contractor due to delays caused by the UTILITY'S failure to comply with their relocation schedule, and shall comply with all provision of the law and the FDOT "Utility Accommodation Manua1." The UTILITY shall not be responsible for delays beyond its normal contro1. I I FORM 71 0-01 0-22 UfILrrms - 04/94 Pag~ 3 ofS 6. All adjustments, relocations, repairs and incidentals required to be performed to the existing utilities within this project, not included in this contract, will be the sole responsibility of the UTILITY and will be handled llilder a separate agreement and utility relocation schedule. All such work is to be coordinated with the construction of this project and in a manner that will not cause delay to the FDOT contractor, 7. All services and work llilder the construction contract shall be performed to the satisfaction of the DISTRICT DIRECTOR OF OPERATIONS or designee, and he shall decide all questions, difficulties and disputes of whatever nature, " which may arise llilder or by reason of such contract for Utility Work; the prosecution and fulfillment ofthe services therellilder, and the character, quality, amollilt and value thereof; and his decision upon all claims, questions and disputes_ therellilder shall be [mal and conclusive upon the parties hereto. 8. The UTILITY agrees that it will, at least seven (7) days prior to the FDOT'S advertising the.construction project for bid, furnish the FDOT an advance payment, including allowances, in the amollilt of $ 107,982.39 for payment of said Utility Work. In the event that the actual bid amollilt plus allowances is greater than the amollilt previously provided, the UTILITY agrees that, within fourteen (14) calendar days of notification by the FDOT, it shall make an additional payment so that the total amount provided prior to award of the bid equals the bid amount plus allowances. If the accepted bid amount plus allowances is less than the deposit amount, the DEPARTMENT will refund the amount that the deposit exceeds the bid amollilt plus allowances if such refund is requested by the UTILITY. Both parties further agree that in the event [mal billing pursuant to the terms of this agreement is less than the advance payment, a refund of the excess will be made by the FDOT to the UTILITY and that in the event said final billing is greater than the advance payment, the UTILITY will pay the additional amollilt within forty (40) days from the date of the invoice. The payment of funds as required above will be made as follows (choose one): Directly to the FDOT for deposit into the State Transportation Trust Fllild. ...x Deposit as provided in the attached Memorandum of Agreement (Exhibit A) between UTILITY, FDOT, and the Florida Deparbnent of Insurance, Division of Treasury. 9. Upon completion and acceptance of the work, the UTILITY shall own, control, maintain and be responsible for all of its facilities, according to the terms of the utility permit. The UTILITY further agrees to comply with all provisions of the FDOT "Utility Accommodation Manual." 10. The UTILITY covenants and agrees that it shall, to the extent permitted by law, indemnifY, defend, save and hold hannIess the FDOT from any and all legal actions, claims or demands by any person or legal entity against the FDOT arising out of the joint participation in this Agreement. 11. Upon fmal payment to the contractor for the entire project, the FDOT shall, within one hllildred eighty (180) days, furnish the UTILITY with two (2) copies of its final and complete billing of all cost incurred in connection with the work performed herellilder, SUfh statement to follow as closely as possible the order of the items contained in the job estimate. The fmal billing will show the description and site of the project; the date on which the first work was performed or the date on which the last work was perfonned or the last item of billed expense was incurred; and the location where the records and , ' I t FORM 71 0-01 0-22 UTUJTlES - 04.'94 Page 4 of5 accounts billed can be audited. All cost records and accounts shall be subject to audit by a representative of the UTILITY within three (3) years after acceptance of the project. In the event final cost is less than the advance payment, the FDOT will refund the balance to the UTILITY. If the final cost exceeds the advance payment, the UTILITY will be invoiced for the balance. Upon receipt of the fmal invoice, the UTILITY will reimburse the FDOT in the amount of such actual cost within forty (40) days. The UTILITY shall pay an additional charge of 1% per month on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 12. The UTILITY shall pay the FDOT'S reasonable attorneys' fees and court costs if the FDOT prevails in litigation for the enforcement of the provisions of paragraphs 1,8 or 12 of this Agreement. 13. This document 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 Agreement that are not contained in this document. 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 contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14. This Agreement shall be governed, interpreted and construed according to the laws ofthe State of Florida. 15. If any part of this Agreement 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 Agreement shall remain in full force and effect provided that the part of the Agreement thus invalidated or declared unenforceable is notrnaterial to the intended operation of this Agreement. < . I I FORM 71 O-tll CJ...22 um..m::eS. 04/94 Pagll50fS . 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: Clearwater Gas Svstems/City of Clearwater. Florida Countersigned: BY: ~~~=u Elizabe M. De ula issioner (Title: City Manager ) (SEAL) ATTESTfS):'.."C1~~,,~~..., 11- p~ . ,/ ~ ~a E"Q)uc1eau ., ,,' ,_ ,-" .., 0', - .cniIe:Cit'i Clerk > -'-'""~ '~_.~-~,-,,,,,~ Approved as to form and Legal sufficiency: ~~- '*'- P;ul Richard Hull Assistant City Attorney FDOT Approved as to Form, Legality and Execution BY: ~ ~vl.}.-- Attorney BY: ~C:Lli:~ie~ / BY: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~4dL~t) ATTEST(s): (SEAL) (Title: ) RECYCLED PAPEZ@ ,> " . " I I Exhibit A ,/92 Page 1 of2 EXHIBIT "A" MEMORANDUM OF AGREEMENT h[CEIVU; S 'L\ T r:: l' ;U")~~, I~! n':' FES 14 3 1'1 PM '95 5;;P,~AU Di" GJLLA ITfUd_ :3ECU,\I]IES THIS AGREEMENT, made and entered into this ~ day F~ . 199 ~ WanM~tWe~Mf1W~tate of Florida, Department of Transportation, hereinafter referred to as "DOT" and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasurer" and Clearwater Gas Systems, hereinafter referred to as the "Participant". WITNESSETH WHEREAS, "DOT" is currently constructing the following project: State Project No: 14570-3515/6517 FAP. No: w.P.I. No: 7115970 County: PASCO hereinafter referred to as the "Project". WHEREAS, DOT and the Participant entered into a Joint Participation Agreement dated fcio..-uary I . 199~ wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Proj ect. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best inter~st of the DOT 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 DOT. 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 $ 107.982.39 ( ) will be made by the "Participant" into an escrow account. Said escrow account will be opened by DOT on behalf of the Participant in the name of the Florida Department of Transportation 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 an asset of DOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of the gas system 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 DOT Office of Comptroller for appropriate processing at the following address: FLORIDA DEPARTMENT OF TRANSPORTA nON Office of Comptroller (M.S. 24) 605 Suwannee Street Tallahassee, Florida 32399-0450 ATTN: JPA Coordinator A copy ofthis Agreement shall accompany the deposits. 4. The DOT's Comptroller and/or his designees shall be the sole signatories on the escrow account with Department of Insurance and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the JP A. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT. 7. The Treasurer's Office further agrees to provide periodic reports to the DOT. ~~_I STATE OF FLO~A~ DEPARTMENT OF TRANSPORTATION COMPTROLLER ""/0 uJk STATE OF FLORIDA DEPARTMENT OF INSURANCE DIVISION OF TREASURY 0/u J.za t . PARl'ICIPAN anager 112 S. Osceola Avenue PARTICIPANT ADDRESS Clearwater, FL 34616 59-6000289 FEDERAL TAXLD.