JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY HIGHWAY CONTRACTOR
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STITE OF FLORIDA DEPARTMENT OF lllANSPORTATI01
_ JOINT PROJECT AGREEMENT '
UTILITY INSTALLATION BY mGHW A Y CONTRACTOR
NONREIMBURSABLE
FORM 71~lo-22
UI1U11ES - 04/94
PaploC'
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THIS AGREEMENT, made and entered into this ~ day of f}.or, I , 19'1 C
_, by and between the STATE OF FLORIDA DEPARTMENT OF TRAN~TATION, hereinafter referred to as
the FDOT, and City of Clearwater Gas , 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 FOOT is constructing, reconslructing or otherwise changing a portion of the State Highway
System designated by the FOOT as State Project No. 15150-3706 . Road No. 55
between Live Oak and PinellaslPasco County Line , which shall call for the
adjustment. relocation andlor installation of the Utility's. facilities along, over andlor 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 FOOT 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 FOOT to include in said Project certain plans and specifications to meet the UTILlTY;s needs; and
WHEREAS, the FOOT and the UTILITY have detennined 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:
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 FOOT no laler Februarv 1. 1996 complete original
plans, same as FOOT's contract plans, all suitable for reproduction by the FOOT, together with a complete set of
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RlRM 710-411l-22
Ul1UTII!S . 04/94
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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 FOOT's plans. The FOOT, upon request by the UTlUTY, will
furnish all available highway infonnation required by the UTILITY for the development of the Utility Worlc plans;
and the FOOT 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 FOOT which
plans and specifications are. by reference hereto, made a part hereof. The UTILITY will be responsibie for verifying
the accuracy of the FOOT's underground survey infonnation, and will also be responsible for any changes to the
UTILITY's plans made necessary by errors or omissions in the FOOT's survey infonnation as furnished to the
UTILITY. All errors, omissions or changes in the design of the Utility Work will be the sole responsibility of
UTILITY. In any conflict between UTILITY and FOOT specifications. the FOOT's specifications will govern.
All Utility Work covering facilities to be relocated 10 a position within the FOOT right of way will be
accommodated in accordance with the FOOT '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 FOOT's engineer with progress reports for diary records, approved quantities
and amounts for weekly, monthly and final estimates. All field survey control for the Utility Work will be furnished
by the UTILITY under the supervision of the FOOT's engineer. The coordination of the Utility Work with that of
the FOOT contractor and other UTILITIES and/or their conlractors will be the responsibility of the FOOT, and the
UTILITY shall cooperate fully in this matter. All infonnation required for Changes or Supplemental Agreements
pertaining to the Utility Work shall be promptly furnished to the FOOT by the UTILITY upon the request of the
FDOT.
S. The FOOT 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 collSideration
in the award of bid on the FOOT 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 FOOT's estimaled 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 FOOT's official estimate plus ten percent (10%) and the amounl awarded for the Utility Work. In the
event the FOOT 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 UTILlTY. In the event the UTILITY elects this option. the UTILITY
shall notify the FOOT of its intent and request the refund of the deposited funds. Upon the receipt of such notice,
the FOOT 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 FOOT's
contractor. The UTILITY shall defend any legal claims of the FOOT's contractor due to delays caused by the
UTILITY's failure to comply with their relocation schedule, :ind shall comply with all provision of the law and the
FOOT 'Utility Accommodation Manual.' The UTILITY shall not be responsible for delays beyond its normal
control.
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FORM 71~10-22
lTI1UllES . 04/94
Pac" of 5
6. All adjustments, relocations, repairs and incidentals required to be performed to the existing utilities
within the project, not included in this contract, will be the sole responsibility to 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 maMer that will not cause delay to the FOOT contractor.
7. All services and work under 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 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 UTILITY agrees that it will, alleast seven (7) days prior to !be FDOT's advertising the
construction project for bid, furnish the FOOT and advance payment, including allowances, in the amount of $ 235,000.00
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
notifIcation by the FOOT. 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 that the deposit
amount, the DEPARTMENT wilI refund the amount that the deposit exceeds the bid amount plus allowances if such
refund is requested by the UTILITY. Both parties funher agree that in the event fina1 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 fmal billing is greater than the advance payment, the UTILITY will pay the additional
amount within forty (40) days from the date of invoice.
The payment of funds as required above will be made as follows (choose one):
Directly to the FOOT for deposit into the State Transportation Trust Fund.
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Deposit as provided in the attached Memorandwn of Agreement (Exhibit A) between
UTILITY. FOOT, and the Florida Department of Insurance. Division of Treasury.
9. Upon completion and acceptance of the work, the UTll1TY shall own, control, maintain and be
responsible for all of its facilities, according to the terms of the utility pennit. The UTIUTY funher agrees 10
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 FOOT from any and all legal actions, claims or demands by any person or legal entity
against the FOOT arising out of the joint participation in this Agreement.
11. Upon Iina1 payment to the contractor for the entire project, the FOOT shall, within one hundred
eighty (180) days, furnish the UTILITY with two (2) copies of its Iina1 and complete billing of all cost incurred in
colUlection 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 the projecl; 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
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FORM 71~1()'22
UI1U11ES . 04/94
I'a6c4o(j
incurred; and the location where the records and 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 fOOT will refund the balance to the UTILITY. If the final
cost exceeds the advance payment, the FOOT will be invoiced the for the balance. Upon receipt of this final invoice,
the UTILITY will reimburse the FOOT in the amount of such actual cost within forty (40) days. The UTILITY shall
pay and additional charge of I % 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 FOOT's reasonable attorney's fees and court costs if the FOOT prevails
in litigation for the enforcement of the provisions of paragrap~ I, 8 or 12 of this Agreement.
13. This document incorporates and includes all prior negotiations, correspondence, conversations.
agreements or understandings applicable to Ihe matters contained herein, and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreemenl that are not contained in
this document. Accordingly, it is agreed that no deviation from the temlS hereof shall be predicated upon any prior
representation or agreement 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 this same formality and of equal dignity herewith.
14.
Florida.
This Agreement shall be governed, interpreted and construed according to Ihe laws of the State of
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 thus invalidated or
declared unenforceable is not material to the intended operation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by Iheir duly
authorized officers, and their official seals hereto affixed, the day and year first above written.
UTILITY:
City of Clearwater Gas Systems ICi tv of Clearwater, FL Countersigned:
BY:
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Eliza~M.Deptul; .
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(Title:'6:ty Mallag~r'-_/.\
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ssioner
Ri a Garvey, Mayor-
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Approved as to form and
Legal Sufficiency:
ATIEST(s):
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tltxRt~Na~x~ttJohn Car ass as
Assistant City Attorney
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fORM 71()'()10-22
tmUTlES - 04/94
Page , 0( 5
FDOT Approved as to Form, Legality and Execution
BY:
Aj~Mi~
Attorney
BY: ~ C ) 0_1 j
District dimty Engineer
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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BY:
ATTEST(s):
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EXHIBIT 'A'
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 3:ili. day (Jf:P , 199.k, by and between
, the State of Florida. Department of Transportation. hereinafter re~ rred to as "DOT' and the Stale of Florida,
Department of Insurance, Division of Treasury, hereinafter referred to as 'Treasurer' and City of
Clearwater Gas Svslem . hereinafter referred to as the "Participant'.
WITNESSETII
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WHEREAS, DOT and the Participant entered into a Joint Participation Agreement dated '" en
. 199_, wherein DOT agreed to perform certain work on behalf of the Participant in conjunction
with the Project.
WHEREAS, "DOT' is currently constructing the following project:
State Project No.: 15150-370616707
F.A.P. No.:
W.P.I.No.:
County:
7//7125
Pinellas
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hereinafter referred to as the . Project' .
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WHEREAS, the parties to this AGREEMENT mutually agreed that it would 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 THEREFORE. in consideration of the premises and the covenants contained herein the parties
agree to the following:
I. An initial deposit in the amount of $ 235, 000 . 00 ( ) 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 DeDartment of Transoortation 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 lli'fP<sary to cover the cost of the Gas facility
_ work prior to the execution of any Supplemental Agreements,
3. All deposits shall be made payable to the DeDartment of Insurance. Revenue Processing and mailed to
the DOT Office of ComplroHer for appropriate processing at the foHowing address:
FLORIDA DEPARTMENT OF TRANSPORTATION
Office of Comptroller (M.S. 24)
60S Suwannee Street
Tallahassee, Florida 32399-04S0
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 signatories on the escrow account with
Department of Insurance and shal1 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.
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Exhibit A
Page 2
6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT.
7., ~rer's Office further agrees to provide periodic reports ~.the DOT.
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STATE OF FLORIDA STATE OF FLO A
DEPARTMENT OF DEPARTMENT OF INSURANCE
COMPTROLLER DIVISION OF TREASURY
PARTICIPANT SIGNATURE
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ElizateKh M. DePtula, Cjty Manager
PARTICIPANT ADDRESS
102 S. Osceola Avenue
Clearwater, FL 34616
59-6000289
FEDERAL TAX J.D.
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RESOLUTION NO 96-13
A RESOLUTION OF THE CITY OF CLEARWATER.
FLORIDA, REGARDING UTILITY JOINT PROJECT
AGREEMENT BETWEEN THE CITY OF CLEAR WATER
AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE EXECUTION OF
AGREEMENTS FOR INSTALLATION AND ACCEPTANCE
OF NEW CITY FACILITIES; AND AUTIlORIZING 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, between
Live Oak Street and the PinellasIPasco County line., which shall call for the installation
of new Clearwater Gas System facilities over and/or under said highway; and
WHEREAS, the City requires a secondary feed across the Anc10te River and
additionally 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 Gas System; such plans and specifications to be made a part of the Department's
highway construc!ion 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 6707, Section 15150, Parcel 1, RfW
Job N/ A, and that the City assume all costs incurred in the respective utility installations,
which costs are estimated to be $238,236.72.
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.
Resolution 96-13
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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
7th day of March
1996.
Attest:
fk~ ~. .jJ,,. .fl
C 'aE. Goudeau, City Clerk
Approved as to form and
legal sufficiency:
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john Carassas
Assistant City
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Resolution 96-13
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FORM'710-0%,m
7191
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WPf PROJECT S.R. COUNTY PAR. & RIW # FAP#
NUMBER
7117125 15156-3706/6707 55 PineUas 1 N/A
UTILITY AGENCY
Clearwater Gas
A. 1. 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:
This original Joint Project Agreement installation by Highway Contractor was estimated $235,000.00. This includes allowances for mobilization
(5%0. MOT (2%). CEI (5%), and cootigency (10%),
2, The ilem(s) of work covered by this Work Order Cbaoge is referenced to an Agreement April 4,1996 of record dated and no Supplemental
Agreement is required.
B. 1. The Utility Relocation Work is to conform to that shown by the utility adjustment plans as:
a, ATTACHED
b...1L INCLUDED IN TIIE illGHWAY CONTRACT PLANS
2, Reimbursement for the cost of this Utility Work is 10 be in accord with the provisions set fonh in Administrative Rule Chapter 14-46 as:
a...1L NONREIMBURSABLE - Section,OI(4)(a)
b, - REIMBURSABLE - Section,OI(4)(b)
(I) - Force Account Method
(2) - Lump Sum Method
(3) Thin! Party Conlr.icl Method
C. ESTIMATED cosr OF WORK DUE TO THIS CHANGE
ITEM NO. ITEM UNIT PRICE WORK ELlMlNATED(-) ADDffiONAL WORK (+)
QUANTITY AMOUNT QUANTITY AMOUNT
Estimale for relocation of Gas
System $190,084,00
Mobilization 190.084,00 ,05 $ 9.504,20
Maintenance of Traffic 190.084,00 ,02 $3,801.68
Subtotal $203.389,88
CEA 203.389,88 ,05 $10,169.49
Subtotal $213.559,37
Contigency 213.559,37 ,10 $21.355,93
Extra Contigency $84,70
Sub-Totals......... .............. ............................... """"""""""""""""""""""""""'$ -D. $235 000,00
Net Cost of Construction changes, this order ..................................................................$ -D- $ -D-
Cost of Construction changes, previously ordered................. ............................. ...............$ -D- $~
Net Total Cost Construction changes to dale ,'."..", "",'.. """,.........,".."""", "',"'"'' "",,,,,,,,,,,,,,'..,,,,, ",,'.... ,,$ 235 000 ,00
ContJact Amount ",.", ''''''''''''''''''''''"',..""""..""""""""""""""".,,,,, ,,,,,,,,,,,'...,,, "",".."""",.,..." ,$ 235 000 00
Estimated Cost of Work Authorized to date ,'.. ,,,,,,,,,,'.... """",.",.""""""",.' """"" '" ."""",.,."""""",'."" ,$ 235 000,00
srAt OF FLORIDA DEPARTMENT OF TRANSPORTATI1'
DIVlSION OF PRECONSTRUCTION & DESIGN
Ul1LlTY WORK ORDER CHANGE NO ..!11.
Examined as to provisions and participating items of cost
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Approved:
District Utility Coordinator
District Utility Engineer
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DEPARTMENT OF TRANSPORTATION
FLORIDA
LAWTON CIDLES
GOVERNOR
U.S. 19 North, Suite 550
Clearwater, Florida 34624
April 12, 1996
BEN G. WATTS
SECRETARY
Clearwater Gas System
Mr. Kelly O'Brien
400 N, Myrtle
Clearwater, Florida 34615
RE:
SECTION: 15150-3706
JPA NO,: 15150-6707
WPI NO: 7117125
SR: 65
COUNTY: Pinellas
DESCRIPTION: US 19 LIVE OAK TO PASCO COUNTY LINE
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Dear Mr. O'Brien:
We are enclosing your copy of the executed Joint Project Agreement and Change Order No, 1 _for
utility installation by Highway Contractor,
Thank you for your cooperation in this phase of the negotiation, and we will be keeping you up-to-
date as the remaining phases take place.
If you have any questions regarding this project, don't hesitate to call me,
Respectfully.
Steven J, Tidwell
District Utility Engineer
By: Bob L. Clemens
Utility Coordinator
Enclosure
cc: Marc Knapp, District Cons!. Services Engineer
Brian McKishnie, Resident Construction Engineer
Bob Griner, Preliminary Estirnales, Central Office
Debbie Carroway, Office of the Comptroller
Tampa Bay Engineering, Inc,
009j~93.27\fonn#23
@RECYClED PAP~