JOINT PROJECT AGREEMENT FOR UTILITY WORK SR 54 - U.S. 19 TO MADISON STREET
RECETv'ED
,JAN U 5 ZOO"!
CITY CLERK DEPARTMENT
CLEARWATER GAS SYSTEM
Interoffice Correspondence Sheet
TO: Cyndie Goudeau, City Clerk
FROM: Tom Robertson, Program Specialist
COPIES: Thomas K. Sewell, Assistant Director Operations, File.
SUBJECT: ORIGINAL EXECUTED AGREEMENT
DATE: January 2, 2001
Attached please find one (1) fully executed original Joint Project Agreement with the
Florida Department of Transportation, for utility work on SR 54 (US 19 to Madison
Street) for your records.
If you have any questions, feel free to call me at 462-6630 ext. 240.
TBR
Attachment
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UTlUTY WORK BY HIGHWAY CONTRACTOR AGREEMENT
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Financial Project 10: 256338 1 62 01
Work Program Item No. (old): 7115976
State Job No. (old): 14570-3519
Federal Project 10: 1712.o08U
CountylSection No: 141670
District Document No:
THIS AGREEMENT, entered into this2ft.~ay of Nn Vlml:Pf< ,year of tow, by and between the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION. hereinafter referred to as the "FOOT", and CITY OF CLEARWATER-
CLEARWATER GAS SYSTEM, hereinafter referred to as the .UAO.;
WITNESSETH:
WHEREAS,the FOOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly
owned rail corridor, said project being identified as SR 54 from SR 55 (US 19) to East of Madison Street, State Road No.: 54,
hereinafter referred to as the "Project"; and
WHEREAS,the UAO owns or desires to install certain utility facilities which are located within the limits of the Project
hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated,
adjusted, installed, or placed out of service pursuant to this Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation,
adjustment or removal of the Facilities. or some combination thereof, hereinafter referred to as "Utility Work"; and
WHEREAS,the FOOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida
Statutes for the Utility Work to be accomplished by the FOOT's contractor as part of the construction of the Project; and
Work;
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT and
the UAO hereby agree as follows:
1. Design of Utility Work
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a.
UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special
provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used
in the case of a bid rejection) for the Utility Work (hereinafter referred to as the .Plans Package") on or before
September 20, year of 2000.
b.
The Plans Package shall be in the same format as the FOOT's contract documents for the Project and shall
be suitable for reproduction.
c.
Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work
effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work
and shall include a traffic control plan.
d.
The Plans Package shall be prepared in compliance with the FOOT's Utility Accommodation Manual and the
FOOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FOOT's
contract documents for the Project. If the FOOT's Plans Preparation Manual has been updated and conflicts
with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts
exist.
e.
The technical special provisions which are a part of the Plans Package shall be prepared in accordance with
the FOOT's guidelines on preparation of technical special provisions and shall not duplicate or change the
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UnUTY WORK BY HIGHWAY CONTRACTOR AGREEMENT
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general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and
any Supplemental Specifications, Special Provisions, or Developmental Specificatio.. of the FOOT for the
Project.
f. UAO shall provide a copy of the proposed Plans Package to the FOOT, and to such other right of way users
as designated by the FOOT, for review at the following stages: one month prior to production date. Prior to
submission of the proposed Plans Package for review at these stages, the UAO shall send the FOOT a work
progress schedule explaining how the UAO will meet the FOOT's production schedule. The work progress
schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package
within the time specified in Subparagraph a. above.
g. In the event that the FOOT finds any deficiencies in the Plans Package during the reviews performed pursuant
to Subparagraph f. above, the FOOT will notify the UAO in writing of the deficiencies and the UAO will correct
the deficiencies and return corrected documents within the time stated in the notice. The FOOT's review and'
approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or
omissions.
h. The FOOT shall fumish the UAO such information from the FOOT's files as requested by the UAO; however,
the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and
for verifying all information necessary to properly prepare the Plans Package, including survey information as
to the location (both vertical and horizontal) of the Facilities. The providing of information by the FOOT shall
not relieve the UAO of this obligation nor transfer any of that responsibility to the FOOT.
I. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits
of the Project, except as generally summarized as follows: NONE
These
exceptions shall be handled by separate arrangement.
j. If any facilities of the UAO located within the project limits are discovered after work on the project commences
to be qualified for relocation at the FOOT's expense, but not previously identified as such, the UAO shall file
a claim with the FOOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily
entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error.
The discovery of facilities not previously identified as being qualified for relocation at the FOOT's expense shall
not invalidate this Agreement.
k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any
conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FOOT.
I. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publiclv
owned rail corridor under and pursuant to the Utility Permit The FOOT RIW Utilization Permit will be applied
for at a later date.
(Note: It is the intent of this line to allow either attachment of or separate reference to the permit).
2. Performance of Utility Work
a. The FOOT shall incorporate the Plans Package into its contract for construction of the Project.
b. The FOOT shall procure a contract for construction of the Project in accordance with the FOOT's requirements.
c. If the portion of the bid of the contractor selected by the FOOT which is for performance of the Utility Work
exceeds the FOOT's official estimate for the Utility Work by more than ten percent (10%) and the FOOT does
not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1 )(b), Florida Statutes, the
UAO may elect to have the Utility Work removed from the FOOrs contract by notifying the FOOT in writing
within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility
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Work shall be performed a. part of the Project ~ the Foor. contractor.
d. If the UAO elects to remove the Utility Work from the Foor. contract in accordance with Subparagraph 2.
c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOrs
standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by
this reference, and in accordance with the contingency relocation schedule which is a part of the Plans
Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FOOT or
the FOOT's contractor in constructing the Project.
e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it
is orooerlv performed in accordance with the Plans Package, except for the following activities:
NONE
and will furnish the FOOT with daily diary records showing approved quantities and amounts for weekly,
monthly, and final estimates in accordance with the format required by FOOT procedures.
f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with
Subparagraph 2. e., the FOOT will perform all contract administration for its construction contract.
g. The UAO shall fully cooperate with the FOOT and the FOOT's contractor in all matters relating to the
performance of the Utility Work.
h. The FOOrs engineer has full authority over the Project and the UAO shall be responsible for coordinating and
cooperating with the FOOT's engineer. In so doing, the UAO shall make such adjustments and changes in
the Plans Package as the FOOT's engineer shall determine are necessary for the prosecution of the Project.
I. The UAO shall not make any changes to the Plans Package after the date on which the FOOT's contract
documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the
categories of changes which are allowed by supplemental agreement to the FOOT's contract pursuant to
Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the
change, shall be subject to the prior approval of the FOOT.
3. Cost of Utility Work
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a.
The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or
changes to the Utility Work determined by the FOOrs engineer to be necessary, including, but not limited to
the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the
adjustments or changes are necessitated by an error or omission of the FOOT. The UAO shall not be
responSible for the cost of delays caused by such adjustments or changes unless they are attributable to the
UAO pursuant to Subparagraph 4.a.
The initial estimate of the cost of the Utility Work is $278.156.25 . At such time as the FOOT
prepares its official estimate, the FOOT shall notify the UAO of the amount of the official estimate for the Utility
Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to
accept the official estimate for purposes of making deposits and for determining any possible contribution on
the part of the FOOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the
FOOrs contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2.
d. hereof.
b.
c.
At least fourteen (14 ) calendar days prior to the date on which the FOOT advertises the Project for bids, the
UAO will pay to the FOOT an amount equal to the FOOT's official estimate; plus 5% for administrative costs
of field work, tabulation of quantities, Final Estimate processing and Project accounting (said three amounts
for mobilization, maintenance of traffic and administrative costs to be hereinafter collectively referred to as the
"Allowances"); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for
changes to the utility Work during the construction of the Project (the .Contingency Fund").
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UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710.410.22
UT1UT1ES
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d. Payment of the funds pursuant to this paragraph will be made (choose one):
directfy to the FOOT for deposit Into the State Transportation Trust Fund.
as provided in the attached Memorandum of Agreement between UAO, FOOT and the State of
Florida, Department of Insurance, Division of Treasury. Deposits of less than $100,000.00 must
be pre-approved by the FOOT Comptroller's Office prior to execution of this agreement.
e. If the portion of the contractor's bid selected by the FOOT for performance of the Utility Work exceeds the
amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the
limitations and conditions established by Subparagraph 2. c. hereof regarding FOOT participation in the cost
of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within
fourteen (14) calendar days from notification from the FOOT or prior to posting of the accepted bid, whichever
is earlier, pay an additional amount to the FOOT to bring the total amount paid to the total obligation of the UAO
for the cost of the Utility Work, plus Allowances and 100", Contingency Fund. The FOOT will notify the UAO
as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the
advance deposit amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its
obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that
the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that
the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty
(60) calendar days from notification from the FOOT to pay the additional amount, regardless of when the
accepted bid is posted.
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f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount. the
FOOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and
contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FOOT
or his designee.
g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be
notified by the FOOT accordingly. The UAO agrees to provide, in advance of the additional work being
performed, adequate funds to ensure that cash on deposit with the FOOT is sufficient to fully fund its share of
the project costs. The FOOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun
the award amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its
obligation to pay for its full share of project costs on final accounting as provided herein below.
h. The FOOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency
Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or
because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any
of the Contingency Fund, the FOOT will obtain the written concurrence of the person delegated that
responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for
written concurrence. If the delegatee refuses to provide written concurrence promptly and the FOOT
determines that the work is necessary, the FOOT may proceed to perform the work and recover the cost
thereof pursuant to the provisions of Section 337.403(3), Florida StaMes. In the event that the Contingency
Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FOOT, pay to the
FOOT an additional 1 0% of the total obligation of the UAO for the cost of the Utility Work established under
Subparagraph 3. e. for Mure use as the Contingency Fund.
I. Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost
records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years
after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event
the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits
to date, a refund of the excess will be made by the FOOT to the UAO in accordance with Section 215.422,
Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to
date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The
UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice
not paid within the time specified in the preceding sentence until the invoice is paid.
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j. The FOOT shall have the right to retain out of any payment due the UAO under this Agreement an amount
su1Iicient to satisft any amount due and owing to the FOOT by the UAO on any other Agreement between the
UAO and the FOOT, whether existing now or In the future.
4. Claims Against UAO
a. The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its
contractors caused by errors or omissions in the Plans Package Oncluding inaccurate location of the
Facilities) or by failure of the UAO to property perform its obligations under this Agreement in a timely
manner.
b. In the event the FOOT's contractor provides a notice of intent to make a claim against the FOOT
relating to the Utility Work, the FOOT will notify the UAO of the notice of intent and the UAO will
thereafter keep and maintain daily field reports and all other records relating to the intended claim.
c. In the event the FOOT's contractor makes any claim against the FOOT relating to the Utility Work, the
FOOT will notify the UAO of the claim and the UAO will cooperate with the FOOT in analyzing and
resoMng the claim within a reasonable time. Any resolution of any portion of the claim directly between
the UAO and the FOOT's contractor shall be in writing, shall be subject to written FOOT concurrence
and shall specify the extent to which it resolves the claim against the FOOT.
d. The FOOT may withhold payment of surplus funds to the UAO until final resolution Oncluding any
actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited
to actual claim payments made by the FOOT to the FOOT's contractor.
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and
conditions shall apply to Facilities placed Out-of-Service:
a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities.
b. The FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of
a breach of this Agreement by the UAO, the Facilities !;>hall be removed upon demand from the FOOT
in accordance with the provisions of Subparagraph e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all appfJCable local. state or federal laws and regulations and in accordance
with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely
responsible for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to,
records of the location, nature of, and steps taken to safety secure the Facilities and shall promptly
respond to information requests of the FOOT or other permittees using or seeking use of the right of
way.
e. The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT determines
that removal is necessary for FOOT use of the right of way or in the event that the FOOT determines
that use of the right of way is needed for other active utilities that cannot be otherwise accommodated
in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right
of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall
be completed within the time specified in the FOOT's notice to remove. In the event that the UAO fails
to perform the removal properly within the specified time, the FOOT may proceed to perform the
removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida
StaMes.
f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall
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UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTlUTY EXPENSE)
Fonn No. 710..01l).22
UTILmES
Rw. 03100
forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT
for any and all costs of any nature wha1soever resulting from the presence of the Facilities within the
right of way. Said cos1s shall include, but shall not be fimited to, charges or expenses which may result
from the future need to remove the Facilities or from the presence of any hazardous substance or
material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require
the UAO to indemnify the FOOT for the FOOT's own negligence; however, it is the intent that all other
costs and expenses of any nature be the responsibility of the UAO.
6. Default
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies
which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following
options, provided that at no time shall the FOOT be entitled to receive double recovery of damages:
1 . Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from
written notice thereof from FOOT.
2. Pursue a claim for damages suffered by the FOOT or the public.
3. If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the
breach is cured. The right to withhold shall be limited to actual claim payments made by FOOT to third
parties.
4. If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FOOT
or the public against payments due under this Agreement for the same Project. The right to offset shall
be limited to actual claim payments made by FOOT to third parties.
5. Suspend or terminate the issuance of further permits to the UAO for the placement of Facilities on
FOOT property if the breach is material and has not been cured within sixty (60) days from written
notice thereof from FOOT.
6. Pursue any other remedies legally available.
7. Perform any work with its own forces or through contractors and seek repayment for the cost thereof
under Section 337.403(3), Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any other remedies
which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options:
1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from
written notice thereof from the UAO.
2. If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement,
pursue any statutory remedies that the UAO may have for failure to pay invoices.
3. Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties nor from any statutory obligations that either party may have with regard to
the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to the extent
such performance is prevented by an act of God, war, riots. natural catastrophe, or other event beyond the control of
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UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 110410.22
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the non-perfonning party and which could not have been avoided or overcome by the exercise of due diligence; provided
that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its
estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c)
resumed performance as soon as possible.
8. Indemnification
FOR GOVERNMENT -OWNED UTlUTlES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers,
agents, and employees from 'any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error,
neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except
that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of
the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of
its officers, agents, or employees during the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the performance
of services required under this Agreement, the FOOT will immediately forward the claim to the UAO. The UAO and the
FOOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly
discuss options in defending the claim. After reviewing the claim, the FOOT will determine whether to require the
participation of the UAO in the defense of the claim or to require the UAO to defend the FOOT in such claim as
described in this section. The FOOT's failure to notify the UAO of a claim shall not release the UAO from any of the
requirements of this section. The FOOT and the UAO will pay their own costs for the evaluation, settlement negotiations,
and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for
all costs.
FOR NON-GOVERNMENT -OWNED UTlUTlES,
The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any
claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO,
its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether
to any person or property to which FOOT or said parties may be subject, except that neither the UAO, its agents,
employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons
or property direcUy caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees
during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FOOT's option, to participate and
associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement negotiations,
shall arise within fourteen (14) days of receipt by the UAO of the FOOT's notice of claim for indemnification to the UAO.
The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify
within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or
because the UAO evaluates liability and determines the UAO is not liable or determines the FOOT is solely negligent.
Only a final adjudication of judgment finding the FOOT solely negligent shall excuse performance of this provision by
the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FOOT. The
FOOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend.
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9. Miscellaneous
a. Time is of essence In the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO
in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is
prepared and the current utility permit for the Facilities; provided. however, that the UAO shall not be obligated
to protect or maintain any of the Facilities to the extent the FOOT's contractor has that obligation as part of the
Utility Work pursuant to the FOOT's specifications.
c. The FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all
documents, papers, letters. or other material subject to the provisions of Chapter 119. Florida Statutes, and
made or received by the UAO in conjunction with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter
hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that
the parties understand and agree that the FOOT has manuals and written policies and procedures which may
be applicable at the time of the Project and the relocation of the Facilities.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof.
f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile
transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five
business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall
have a continuing obligation to notify each District of the FOOT of the appropriate persons for notices to be sent
pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following
addresses:
If to the UAO:
Tom Robertson
Clearwater Gas System
400 North Myrtle Avenue
Clearwater, FL 33755
If to the FOOT:
Sunny DeCoster. DUE
FOOT
11201 N. McKinley Drive, MS 7-820
Tampa, FL 33612-6456
10. Certification
This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto by the UAO
in the form of additions, deletions, or substitutions, are reflected only in an Appendix entitled "Changes To Form
Document" and no change is made in the text of the document itself. Hand notations on affected portions of this
document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do
not change the terms of the document. By signing this document, the UAO hereby represents that no change has been
made to the text of this document except through the terms of the appendix entitled .Changes To Form Document."
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IN WITNESS WHEREOF I the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: CITY OF CLEARWATER-CLEARWATER GAS SYSTEM
Countersigned:
CITY OF CLEARWATER. FLORIDA
~f--
Mayor-Commissioner
By:
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William B. Horne, "
Interim City Manager
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Approved as to form:
Attest:
~,D4
e C. Hayman ~
Assistant City Attorney
ia E. Goudeau
lerk
Recommend Approval by the District Utility Office
BY: (Slgnaturel J ~ 9~ {o,.d L , 1.
DATE: /o/2.s/0()
I
FOOT Legal review
BY:(Slgnaturel~ ~~
/ ~
District Counsel
DATE: IO~ 0 Iou
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature) ;/)4<'// C}- ~
(Typed Name: Donald J. Skel t on. P F
(Typed Title: D i r p r r () r P 1 '" n n i g g ,I P r 9 9 u c t i 0 Fl
DATE: II/Z!Oo
,
)
)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
DATE:
(Typed Name:
(Typed Title:
)
)
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APPENDIX
"CHANGES TO FORM"
Item 3C "Cost of Utility Work" is revised as follows:
3c. At least Fourteen (14) calendar days prior to the date on which the FDOT
advertises the Project for bids, the UAO will pay to the FDOT an amount equal to
the FDOT's official estimate; plus 5% for administrative costs offield work,
tabulation of quantities, Final Estimate processing and Project accounting (said
amounts are to be hereinafter collectively referred to as the "Allowances"); plus
10% of the official estimate for a contingency fund to be used as hereinafter
provided for changes to the Utility Work during the construction of the Project
(the "Contingency Fund").
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RESOLUTION NO. 00-37
A RESOLUTION OF THE CITY OF CLEARWATER,
, FLORIDA, APPROVING THE EXECUTION OF A UTILITY
JOINT PROJECT AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION
REGARDING INSTALLATION AND RELOCATION OF
NATURAL GAS '. MAINS FOR THE IMPROVEMENT
PROJECT FOR STATE ROAD 54 FROM U.S. 19 TO
MADISON STREET; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FOOT) has a
project to widen and improve State Road 54 from U. S. 19 to Madison Street including
roadway, sidewalk, other improvements and utilities to include those existing
Clearwater Gas System facilities which conflict with the design; and
WHEREAS, under the Joint Project Agreement, the FOOT's general contractor
will perform the relocation of existing and installation of new natural gas mains; and
WHEREAS, having FOOT's general contractor install the natural gas mains
allows for work to be done in a timely manner and releases Clearwater Gas System
from penalty payments; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Joint Project
Agreement between the City and the State of Florida Department of Transportation,
identified as Utility Work By Highway Contractor Agreement, Financial Project 10
256338-1-51-01, a copy of which is attached as Exhibit A.
Section 2. The City Commission hereby authorizes the Mayor-Commissioner and
City Manager to sign the Joint Participation Agreement described in this resolution and
associated documents.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th
day of October, 2000.
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Approved as to form:
r\~ C I~~
,~ane C. Hayman
Assistant City Attorney
Attest:
\
Resolution No. 00-37
, '
, ~
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, October 5, 2000 - 6:00 P.M. - Commission Chambers
1. Invocation - Father James Rousakis, Greek Orthodox Church of the Holy Trinity.
2. Pledge of Allegiance - Mayor.
3. Service Awards - None.
4. Introductions and Awards
a) Savvy Award to PC&M - Presented.
b) Proclamation: Seat Belt & Child Restraint Safety Month - 10/00
c) Proclamation: Alternative Transportation Week - 10/8-14/00
d) Proclamation: October Jazz Month & Clearwater Jazz Holiday 21 st Anniversary - 10/19-22/00
e) Proclamation: Fire Prevention Week - 10/8-14/00
f) Proclamation: Make a Difference Fishing Tournament Day - 10/7/00
5. Presentations
a) Citywide leadership Class of 2000 - Recognized.
b) Brian Smith, Pinellas County re traffic signals - Update given.
c) Marketing Person of Year Award from Florida Natural Gas Association for Roger Harris - Given.
6. Approval of Minutes - Regular Meeting 9/21/00 & Special Meeting 9/21/00 (attorney/client) _
Approved as submitted.
7. Citizens to be heard re items not on the Agenda
Sam Elliott complained that language had been omitted in the September 21, 2000 Commission
minutes.
Tim Conway expressed concern that people are not picking up after their animals. Consider
ordinance prohibiting animals running lose and fining owners who do not pick up after their
animals.
Marv DeMoss, Foundation for Religious Tolerance, gave an update on the organization.
PUBLIC HEARINGS
Not Before 6:00 P.M.
Second Reading Ordinances
8. Ord. #6579-00 - Annexation, 110 McMullen Booth Rd., Sec. 16-29-16, M&B 22.01 (First Baptist
Church of Clearwater, Inc.)
ACTION: Ordinance adopted.
9. Ord. #6588-00 - Annexation, 7 S. McMullen Booth Rd., Sec. 16-29-16, M&B 21.09 (KB
Investments Group)
ACTION: Ordinance adopted.
10. Ord. #6589-00 - land Use Plan Amendment to Residential Urban, 7 S. McMullen Booth Rd., Sec.
16-29-16, M&B 21.09 (KB Investments Group)
ACTION: Ordinance adopted.
11. Ord. #6590-00 - lMDR Zoning, 7 S. McMullen Booth Rd., Sec. 16-29-16, M&B 21.09 (KB
Investments Group)
ACTION: Ordinance adopted.
10/05/00
1
12. Ord. #6591-00 - Annexation, 18167 US19N, Sec. 29-29-16, M&B 22.02 (5t Joe Company)
ACTION: Ordinance adopted.
13. Ord. #6592-00 - land Use Plan Amendment to Commercial General, 18167 US19N, Sec. 29-29-
16, M&B 22.02 (5t Joe Company)
ACTION: Ordinance adopted.
14. Ord. #6593-00 - Commercial Zoning, 18167 US19N, Sec. 29-29-16, M&B 22.02 (5t Joe
Company)
ACTION: Ordinance adopted.
15. Ord. #6601-00 - amending Operating Budget for Fiscal Year ending 9/30/00
ACTION: Ordinance adopted.
16. Ord. #6602-00 - amending Capital Improvement Program Report and Budget for Fiscal Year
ending 9/30/00
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17-31 - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
17. Approval of Purchases & Declaration of Surplus per Purchasino Memorandum:
1) Penny's School of Dance, gymnastics instruction, 10/6/00-10/31/01, est. $45,000 (PR)
2) Rotonics Manufacturing, 90 gallon refuse containers & spare parts, 10/6/00-9/31/01, est.
$75,000 (5W)
3) Voyager Fleet Systems, 1 st of 2 renewal options, vehicle fuel & related services, 1211 /00-
11/30/02, est. $800,000 (G5)
4) General Chemical Corporation, low iron aluminum sulfate, 10/6/00-10/31/01, est. $60,000
(PW)
5) Jimmie's Wrecker Service, towing service, 11/1/00-10/31/03, est. $100,000 (G5)
6) Declare vehicles & equipment surplus to city needs; authorize disposal through sale at Tampa
Machinery Auction or by transfer to Solid Waste
18. Amendment to Agreement with Florida Gas Transmission, additional est. $54,000; contract to
Citrus Energy Services, Inc., est. $49,500; contract to Motorfueler's Inc. of Clearwater,
$161,542; construct gate station at Mitchell & Trinity Oaks Blvd. in Pasco County (est. total
$265,042)(585)
19. Agreement with Pinellas County School System / Clearwater Adult Education Center, provision of
educational services, est. $75,000 (PO)
20. Engineer of Record Contract to Wade-Trim for design, permitting & construction of N. Greenwood
Recreation and Aquatics Center, $311,000 (PR)
10/05/00
2
21. Approve locating N. Greenwood Recreation and Aquatics Center on Ray Green Ball field (SW
corner of Palmetto & Greenwood) and the N. Greenwood Branch Library on Jack Russell Stadium
Parking lot (PR)
22. Agreement with FOOT, providing funding of project costs up to $150,000 to fund study to
evaluate proposed guideway (light rail or other technology) linking Clearwater Beach and
downtown Clearwater; determine technical feasibility, economic contribution to revitalization
(PW)
23. Work Order to Wade-Trim (Engineer of Record), conditional upon approval by FOOT; services
related to study of proposed guideway, amount not to exceed $145,000 (PW)
24. Contract to Oakhurst Construction Company, Inc., Restroom & Shower Facilities at Clearwater
Municipal Marina (45 Causeway Blvd.), $101,310 (PW)
25. Agreement with Pinellas County, provide funding for South Beach Reclaimed Water Project, costs
of up to $39,676 (PW)
26. Contract to Keystone Excavators, Inc., South Beach Reclaimed Water Distribution System,
$1,412,695 (PW)
27. One Year Lease with Pinellas County for use of City parking lot #15, 111 Pierce Blvd., located on
west side of City Hall building (PW)
28. Contract to Altec Industries, Inc., purchase of one 2001 Ford F450 utility truck with Altec AL32
aerial lift, $57,126; increase crp budget from $38,000 to $57,126; authorize funding under
City's Master Lease-Purchase Agreement (PW)
29. Amendment to Agreement with SWFWMO, for Stevenson Creek Watershed Management Plan, to
change effective date of Agreement to 3/6/00 (PW)
30. Ratify/Confirm 12/27/99 Agreement with Meristar Hospitality Operating Partnership, LP (Hilton
Clearwater Beach Hote/); approve payment to Meristar in the amount $34,550.34 for
replacement of property affected by construction of Clearwater Beach Roundabout (PW)
31. Establish one additional full time employee, Heavy Equipment Operator'" in Stormwater Utility,
annual cost of $29,800 (PW)
OTHER ITEMS ON CITY MANAGER REPORT
32. Approve Clearwater Airpark Master Plan (MR)
ACTION: Approved.
33. First Reading Ord. #6597-00 - Relating to Waterways and Vessels; amending Sec. 33.067 to
create a new subsection (10) to add a new defined area for speed restrictions of vessels at Island
Estates - Palm Island SE - Harbor Island (MRI
ACTION: Approved. Ordinance passed 1 st reading.
34. Agreement with FOOT to install natural gas mains for relocation & install new natural gas mains
during SR54/US19 to Madison Street improvement project, est. $278,156.25; Res. #00-37 _
approving execution of the utility joint project agreement (SBS)
ACTION: Approved. Resolution adopted.
35. First Reading Ord. #6548-00 - amendments to fee schedule for land development applications
(PLDI
ACTION: Approved. Ordinance passed 1 st reading.
10/05/00
3
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36. Library Board - 1 appointment (CLK)
ACTION: Reappointed Judy Me/ges.
37. Municipal Code Enforcement Board - 3 appointments (ClK)
ACTION: Reappointed David Allbritton, Joyce Martin, & Pete Caffentzis.
38. Other Pending Matters - None.
CITY ATTORNEY REPORTS
39. Other City Attorney Items - None.
40. City Manager Verbal Reports
City Manager said Largo is asking Clearwater if we are going to publicize the annexation issue on
the November ballot. The Planning Director reviewed the key points of the referendum. The PPC
is requesting local governments support in this effort. The issue will be discussed at the next
Worksession.
41. Other Commission Action
Clark said the Make A Difference Fishing Tournament at Pier 60 is from 7:00 to 11 :00 a.m. this
weekend is a great event for disabled children. Registration is required, but no fees are charged.
He said it was great to be downtown last weekend. He said the Ultimate Transportation Week
next is a great time for everyone to car pool, walk, take public transportation, or bike to work at
least one day of the week to save fuel.
Hooper said the Make A Different Fishing Tournament is a worthwhile cause that everyone
should attend. He encouraged everyone to attend the Uno Festival at Coachman Park this Friday
evening and Saturday.
Aunqst thanked everyone for their efforts regarding the Safety Village reopening. He thanked
Morton Plant Hospital for their participation. He was pleased to see the turnout last weekend for
the concert and craft show downtown. He said, the South Clearwater Citizens for Progressive
Action anti-drug march will be held on October 14, 2000, departing from the Ross Norton
Recreation Center. He congratulated former Assistant City Attorney John Carassas for his
election as District 54 State representative. He requested interested parties send donations to
the Clearwater Marine Aquarium for the rehabilitation of Daisy, a rescued dwarf pygmy sperm
whale.
42. Adjournment - 7:41 p.m.
10/05/00
4
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