JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY HIGHWAY CONTRACTOR NONREIMBURSABLE (SP# 15080-3510/WPI# 7116900) RESOLUTION 95-81
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STATE OFF1.0RIDADEPARTMENT OF TRANSPORTATION
I JOINT PROJECT AGREEMENT I
UTILIT\"INSTALLATION BY HIGHWAY CONTAAcrOR
NONREIMBURSABLE
FORM 710-010-22
UTILITIES - 04/94
Pag.1afS
7116900 15080-3510/6513 584 PINELLAS 1 XU-1520-(1l)
THIS AGREEMENT, made and entered into this /4 day of De.ce mber
1915, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
FDOT, and Clearwater Gas System, 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 Pine lias, 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. 15080-3510, Road No. ~ 84 from E. of Gim Gong to SR586, which shall call
for the adjustment, relocation and/or installation of the Utility's facilities along, over and/or under said highway; and
WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above described, have
been reviewed by the FDOT and the UTILITY, said above described UTILITY relocation, hereinafter referred to as "Utility
Work"; and
WHEREAS, the term "Cost of Utility Work" shall include the entire amount paid by the UTILITY properly
attributable to such work; and
WHEREAS, the UTILITY has expressed its desire to asswne 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 public
and to the economic advantage of both parties to enter into a JOINT PROJECT AGREEMENT, hereinafter referred to as
"JP A," providing for such work;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as
follows:
1. The FDOT and the UTILITY shall participate in a JP A, the scope of which will cover 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 ~
main work. The estimated cost of said project is $ 630, 000 . 00
including allowances; and the method of payment is specified in Exhibit "A" attached hereto and made a part hereof
2. The UTILITY will prepare, at its expense, the design and plans for all of the necessary Utility Work specified
above, and will furnish to the FDOT no later than October 16, , 19 95, complete original plans,
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FORM 710-010-22
UTll.ITIES - 04/94
Page 20f5
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 JPA 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, montWy and fmal 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, an~ shall receive all bi~ 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 Manual." The UTILITY shall not be responsible for delays beyond its normal control.
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FORl,,! 71 0-01 0-22
lJI1LITIES - 04/94
Page 3 of5
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 under 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 under the construction contract shall be performed to the satisfaction of the DISTRICT
DIRECTOR OF OPERA nONS or designee, and he shall decide all questions, difficulties and disputes of whatever nature,
which may arise under or by reason of such contract for Utility Work; the prosecution and fulfillment of the services
thereunder, and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes
thereunder shall be final and conclusive upon the parties hereto.
8. The UTll.JTY 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 amount of $ 630,000.00
for payment of said Utility Work. In the event that the actual bid amount plus allowances is greater
than the amount previously provided, the UTILITY agrees that, within fourteen (14) calendar days of n9tification 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 amount plus allowances if such refund is requested by the UTILITY. Both parties
further agree that in the event final 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 amount within forty (40) days from the date of the invoice.
The payment offunds as required above will be made as follows (choose one):
Directly to the FDOT for deposit into the State Transportation Trust Fund.
X- Deposit as pr()vided.in the attached Memorandum of Agreement (Exhibit A) between UTILITY, FDOT, and
the Florida Department of Insurance, Division of Treasury.
9. Upon completion and acceptance of the work, the UTILITY shall 0\\'11, 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
hannless 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 hundred eighty (180)
days, furnish the UTILITY with two (2) copies of its fmal and complete billing of all cost incurred in connection with the work
performed hereunder, such statement to follow as closely as possible the order of the items contained in the job estimate. The
final billing will show the description and site of th~ project; the date on which the first work was performed or the date on
which the last work was performed or the last item of billed expense was incurred; and the location where the records and
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FORM 710-010-22
Ul1LlTIES - 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 [mal cost is less than the advance payment, the FDOT will
refund the balance to the UTILITY. If the [mal cost exceeds the advance payment, the UTILITY will be invoiced for the
balance. Upon receipt of the [mal 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 of the 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 not material to the intended operation of this Agreement.
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FORM 710-010-22
UI1UTIES - 04/94
Page 5 of5
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:
BY:
Clearwater Gas System
V~e --e~
Assistant City Manager
(Title:
)
(SEAL)
ATTEST(s):
~~... ~/AA~.
(Title,lJr'7~ )
FDOT Approved as to Form, Legality and Execution
BY:
~<C'~
BY:
~ gl XJJ
District Util Engineer
Attorney
STATE OF FLORIDA
DEPARTMENT OF TRANSPORT A TION
BY, ~kd/- =>a/Is
A TTEST(s):
(Title: Director of Production
~
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(SEAL)
(Title:
)
RECYCLEDPAPE~
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CITY SIGNATURE PAGE - Joint Project Agreement between the State of Florida Department of
Transportation and the City of Clearwater - Project #15080-3510/6513 (State Road 584).
Countersigned:
CITY OF CLEARWATER, FLORIDA
lk/fbJ
Mayor-Commissioner
By:
Elizabeth M.l:"a~
City Manager
Approved as to form and
correctness:
Attest:
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Pamela K. Akin
City Attorney
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C "aE. Goudeau ,',., ',' ,,'
City Clerk
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RESOLUTION NO. 95-81
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, REGARDING UTILITY JOINT PROJECT
AGREEMENT BElWEEN THE CITY OF CLEARWATER
AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE EXECUTION OF
AGREEMENTS FOR INSTALLATION AND ACCEPTANCE
OF NEW CITY FACILITIES; AND AUTHORIZING THE
PLACING OF FUNDS WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE
COMPLETION OF THE UTILITY INSTALLATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation is constructing,
reconstructing or otherwise changing a portion of the State Highway System, from E. of
Gim Gong to SR586, which shall call for the installation of new City gas facilities over
and/or under said highway; and
WHEREAS, the City requires additional gas capacity in certain locations within the
construction limits of this project; and
WHEREAS, the City has heretofore authorized that plans and specifications be
prepared for the installation of said new City facilities over and/or under said highway;
and
WHEREAS, the plans and specifications have been prepared and approved by
the City Engineering Department; such plans and specifications to be made a part of the
Department's highway construction contract; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1 That the City of Clearwater enter into a Joint Project
Agreement with the State of Florida Department of Transportation for installation by the
Department of said new City facilities designated as Utility Job 3510, Section 15080,
Parcel 1, R/W Job N/A, and that the City assume all costs incurred in the respective
utility installations, which costs are estimated to be $630,000.00.
Section 2. That the Mayor and City Manager be authorized to enter into
such agreements with the State of Florida Department of Transportation for the
installation and acceptance of said new City facilities.
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Section 3. That the estimated costs of such utility installations as set
forth above be paid in advance to the State of Florida Department of Transportation in
accordance with such utility installation agreement.
PASSED AND ADOPTED this 2nd
day of November
,1995.
Attest:
......
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eiliibil A
5/92
Page 1 of2
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EXHIBIT "A"
MEMORANDUM OF AGREEMENT
TBIS AGREEMENT, made and entered into this ~ dayJQ,rw.~, 199 ~ by and between the State
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 System,
hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "DOT" is currently constructing the following project:
State Project No: 15080-3510/ 6513
F.A.P. No: XU-1520(I 1)
W.P.I. No: 7116900
County: Pinellas
hereinafter referred to as the "Project".
WHEREAS, DOT and the Participant entered into a Joint Participation Agreement dated Ue..c6--n ~r J4-,
1992, wherein DOT 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 ~ould be in the best interest 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 lHEREFORE, in consideration of the premises and the covenants contained herein the parties agree
to the following:
1. An initial deposit in the amount of $ 63),OXU1)
Six hn::Ire:i arrl
(thirty tlu~ cbll~ill 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 TransDortation 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.
E.'<hibit A
5/92 '
Page 2'012
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2. Other deposits will be made only by the Participant as necessary to cover the cost of the gas main 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 DEPARTl\1ENT OF TRANSPORTATION
Office of Comptroller (M.S. 24)
605 Suwannee Street
Tallahassee, Florida 32399-0450
ATTN: JPA Coordinator
A copy of this Agreement shall accompany the deposits.
4. The DOT's Comptroller and/or his designees shall be the sole signatones 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.
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STATE OF FLORIDA
DEP ARTMENT OF TRANSPORTATION
COMPTROLLER
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STATE OF FLORIDA
DEPARTMENT OF INSURANCE
DIVISIGf'T.OF TREASURY
t-/~G~
A6;::,i6 Lal, L Ci Ly Hal,ager
PARTICIPANT SIGNATURE
PARTICIPANT ADDRESS
?o '5cx 4748
C/~_. t=l. 34<c '8
FEDERAL TAX J.D. 59-6000289
LAWTON CIllLES
GOVERNOR
I
DEPARTMENT OF TRANSPORTATION
11201 N. McKinley Drive, MIS 7-8:WN G. WATTS
Tampa, Florida 33612 SECRETARY
(813) 975-6040
February 9, 1996
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FLORIDA
Clearwater Gas System
Mr. Kelly O'Brien
400 N, Myrtle
Clearwater, FL 34615 }
SECTION: 15080-3510
JPA NO.: 15080-6513
WPINO: 7116900
SR: 584
COUNTY: PINELLAS
DESCRIPTION: TAMP A ROAD/CURLEW (SR586) TO E, OF GIM GONG
P',ECEIVED
MAR 05 1996
CITY CLERK DEPT.
Dear Mr. O'Brien,
Weare enclosing your copy of the executed Joint Project Agreement and Change Order No,l for utility installation by
Highway Contractor.
Thank you for your cooperation in this phase of the negotiation, and we will be keeping you abreast as the remaining phases
take place.
If you have any questions regarding this project, don't hesitate to call me,
Respectfully,
Steven 1. Tidwell
District Utility Engineer
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By: Stephanie S, Dreher
Assistant Utility Engineer
form#23
Enclosure
xc: Marc Knapp, District Const. Services Engineer
Brian McKishnie, Resident Construction Engineer, CEI
Debbie Carraway, Office of the Comptroller
Project File
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,FORM ,71 0-030-0 1
7/91 ' '
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ST"l.E OF FLORIDA DEPARTMENT OF TRANSPORTATItN
'1 DMSION OF PRECONSTRUCTION & DESIGN '
UTILITY WORK ORDER CHANGE NO. 01
WPI PROJECT NUMBER S.R. COUNTY PAR.&R/W# FAP#
7116900 15080-3510/6513 584 PINELLAS
UTILITY AGENCY
CLEARWATER GAS SYSTEMS
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:
Hil!bwav 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 a Joint Project Agreement 12/14/95 of record daled and no Supplemental
Allreement is required.
B. I. 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, 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. ..x.. NONREIMBURSABLE - Section.01(4)(a)
b. - REIMBURSABLE - Section,OI(4)(b)
(I) _ Force Account Method
(2) _ Lump Sum Method
(3) Third Party Contract Method
C. ESTIMATED COST OF WORK DUE TO THIS CHANGE
ITEM NO. ITEM UNIT PRICE WORKELIMINATED(-) ADDITIONAL WORK (+)
QUANTITY AMOUNT QUANTITY AMOUNT
Estimate of relocation work 630,000.00
(includes 2% Maintenance of
Traffic, 5% Mobilization, 5%
CEA, and 10% Contingency)
Sub-Totals .....,............................".................,.,.,.",..,"'.,.....................,.,..............,,..........,..........,...,....$ -0- $ 630.000.00
Net Cost of Construction changes, this order ......,.......""""..".........."...,..........,.....,.""""""..,......,.,.........."."",.$ -0- $ 630.000.00
Cost of Construction changes, previously ordered .......".,..................,.."......,.,...""",............"",..".""......$ -0- $......:.!!=-.
Net Total Cost Construction changes to date ......,.......,..""'........."....................,.."..,,,..,."",................,."""",..,.$ 630.000.00
Contract Amount ..............,....................."."""..........".........".......................".,.""..",..,.................""""""",.$ 630.000.00
Estimated Cost of Work Authorized to date ..,.,."........................,....................,.,."",",...................,.."""""."",,$ 630 000.00
Examined as to provisions and participating items of cost:
District Utility Coordinator
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District Utility Engineer
Approved: 3/41 CJ ~
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Recommended: 2 - z.f> ~~l"
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