JOINT PROJECT AGREEMENT FOR UTILITY WORK U.S. 19 AT DREW STREET
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S~TE OF f'LORIOA OEPARTMENT OF TRANSPORTATION-
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fonn No. 71CHllo.22
UTlJTIES
CI2tW
Financial Project 10: 256957-1-56-01 Federal Project 10:
Work Program Item No. (old): 7117045 County/Section No: 15 150
State Job No. (old): 15150-3566 District Document No:
THIS AGREEMENT, entered into this 15t~day of pecem be. ,year of Jill, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as
the NFDOT., 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 U.S. 19 (at Drew Street), State
Road No.: 55, 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 8Facilities. (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 Work8; and
WHEREAS, the FOOT and the UAO desire to enter into a joint agreement pursuant to Section
337 .403( 1)(b) of the Florida Statutes for the Utility Work to be accomplished by the FOOT's contractor
as part of the construction of the Project;
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs
associated with the Utility Work;
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
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design,
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ST~E OF FLORIDA DEPARTMENT OF TRANSPORTATION J Form No. 710-010-22
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTIL~~~~
(AT UTILITY EXPENSE)
plans, technical special provisions, a cost estimate, and a contingency utility
relocation 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 March 29, 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 maintenance of traffic.
d. The Plans Package shall be prepared in compliance with the FOOT'S the 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 general contracting
provisions of the FOOT's Standard Specifications for Road and Bridge Construction
and any Supplemental Specifications, Special Provisions, or Developmental
Specifications 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: Phase IV submittal. 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 furnish the UAO such information from the FOOT's files as
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STJ-E OF FLORIDA DEPARTMENT OF TRANSPORTATION J
UTILITY WORK dy HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No, 710-010-22
UTILITIES
02199
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 ofthe 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 ofthe Utility Work, the Facilities shall be deemed to be located on
the public road or publicly owned rail corridor under and pursuant to the Utility
Permit: The FDOT 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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Foml No, 71CHllo.22
UTILITIES
CI2tW
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) of the Florida
Statutes, the UAO may elect to have the Utility Work removed from the FOOT's
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 Work shall be
performed as part of the Project by the FOOT's contractor.
d. If the UAO elects to remove the Utility Work from the FOOT's contract in
accordance with subparagraph 2. c., the UAO shall perform the Utility Work
separately pursuant to the terms and conditions of the FOOT's 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
FOOTs 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 properly 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 FOOT'S 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
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ST.tlE OF FLORIDA DEPARTMENT OF TRANSPORTATION I Form No, 710-{)10-22
UTILITY WORK dY HIGHWAY CONTRACTOR AGREEMENT UTlL6~~~
(AT UTILITY EXPENSE)
allowed by supplemental agreement to the FOOT'S contract pursuant to Section
337.11 of the Florida Statutes. All changes, regardless ofthe nature ofthe change
or the timing of the change, shall be subject to the prior approval of the FOOT.
3. Cost of Utility Work
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
FDOT's 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.
b. The initial estimate of the cost of the Utility Work is $ 80.000 . 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 FOOT'S contract and performed separately
pursuant to the terms and conditions set forth in subparagraph 2. d. hereof.
c. At least seven (7) 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 mobilization of equipment for the Utility Work, 2% for
additional maintenance of traffic costs for the Utility Work, and 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").
d. Payment of the funds pursuant to this paragraph will be made (choose one):
X directly 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-
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FOIYTI No. 7lCHllo.22
UTIlITIES
02I9ll
approved by the FDOT 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 10% 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.
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 District 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) of the Florida Statutes. In
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fonn No, 71CHllo-22
UTIlITIES
02ilIlI
the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14)
calendar day 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 future 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.
j. The FOOT shall have the right to retain out of any payment due the UAO under this
Agreement an amount sufficient to satisfy 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 shal~ 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 (including inaccurate location of the Facilities) or
by failure of the UAO to properly perform its obligations under this
Agreement in a timely manner.
b. In the event the 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 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 resolving the
claim within a reasonable time. Any resolution of any portion of the
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FOIm No, 71CHlto.22
UTIUTIES
02J89
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 (including any actual payment required) of all claims
relating to the Utility Work,
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 shall 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 applicable
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 safely secure the Facilities and shall promptly respond
to information requests of the FOOT or other permitees 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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
FOIl'II No. 71CHllo.22
UTIUTIES
CI2tW
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 of the Florida Statutes.
f. Except as otherwise provided in subparagraph e. above, the UAO
agrees that the Facilities shall forever remain the legal and financial
responsibility of the UAO. The UAO shall reimburse the FOOT for
any and all costs of any nature whatsoever resulting from the
presence of the Facilities within the right of way. Said costs shall
include, but shall not be limited 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.
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.
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. Payments due under this Agreement for
Projects other than the one under which the breach occurred may be
withheld pending resolution of the merits of the breach.
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) of the Florida
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fonn No. 71CHllo.22
UTILITIES
CI2tW
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 the non-performing 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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fotm No. 7lCHllo.22
UTIlITIES
CI2tW
8. Indemnification
Check one of the appropriate boxes 0 below:
X For government-owned utilities,
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 subcontractors 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 subcontractors 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 FOOTs 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.
o For non-government-owned utilities,
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 subcontractors 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
subcontractors 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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fonn No. 71CHllo.22
UTILITIES
0M9
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 seven (7) 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 seven (7)
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 or 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.
9. Miscellaneous
f.
0'"
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.
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.
d.
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.
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
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irATE OF flOAIOA OEPAANEHr Of TAANSIIOATATIOH
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTIUlY EXPENSE)
sending thereof unless proof of prior actual recerpt 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 shan be sent to the following addresses:
'CImINo. 7lHI~12
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If to the UAO:
Imn.Bobertson
Qlty of Clearwater
Clearwater Gas Systems
~. Myrtle Avenue
Clearwater. Fl 33755
727-462.6630 ext. 240
If to the FOOT:
.Henry E.~umbert'4Dlstrlct Utility Engineer
Florida DepartmenlofJranspor1afoo Me 7-820
j 1201 N. McKinley Drive. Tampa. florida 33612
10. Certification
This document Is a printout of an FOOT form maintained In an electronic format and an
revisions thereto by the UAO In the form of additions, deletions or substitutions are
reflected only In an Appendix entitled -changes To For~ Documenr and no change Is
made In the text of the document "self. Hand notations on affected portions of this
document may refer 10 changes reflected In the above-named Append"ax 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 'hrough the terms of the Appendix entiUed .Changes To Form
Document.. ,
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year
first written.
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:;'1 AI t Ut' r-LUHIUA Utt-'AH1MI;N1 Of 1 AANSPOHTATION
UTILITY WORK BY HIGHWAY CONTRACTOR r"'GREEMENT
I (AT UTILITY EXPENSE)
Fonn No. 71CHlIo-22
UTUTIES
ClI2I9t
UTILITY:
City of Clearwater I Clearwater Gas System
BY:
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Michael J. Roberto.
(Title: City Manager
A TIEST(s):
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(Title: CHy flerk
Recommend Approval by the District Utility Office
BY: (Signature) 4. 0 ( -tJ-I- I-
FOOT Approved as to Form and Legality
BY:(Slgnature);;- ~;;1. K--+f-&.
District coun~
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: Ls,gnature)4lff~rM
(Typed Name: D W/I Y#E Kc
(Typed Title: /lc;'fi7J j}1r2~/l "t= ?/ZVPttcTa.,V
FEDERAL HIGHWAY ADMINISTRATION (If applicable)
BY:
(Typed Name:
(Typed Title:
(j()
J:\OOC 1\00195100 195059,32171001022, vas
C'&""""", 1 ,QQQ
Pf'lOP- 14 of 14
Countersigned:
----
)
(SEAL)
)
Approved as to Form and Legal Sufficiency:
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John Carassas, Assistant City Attorney
DATE: 11/13/57
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RESOLUTION NO. 99-41
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, REGARDING UTILITY JOINT PROJECT
AGREEMENT BETWEEN 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
UTILITY INSTALLATION.
WHEREAS, the State of Florida Department of Transportation is constructing,
reconstructing or otherwise changing a portion of the State Highway System, namely, State
Road 55 (US 19) at Drew Street, which call for the installation of new CITY gas facilities
over and/or undersaid highway; and proposes to construct or reconstruct a transportation
facility identified above, hereinafter referred to as the "Project", and
WHEREAS, in order for the FDOT to proceed with the project, it is necessary for
the City of Clearwater, hereinafter referred to as the "UAO", to execute and deliver to the
FDOT the agreement identified as Utility Work By Highway Contractor Agreement,
hereinafter referred to as the "Agreement";
BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That the City of Clearwater enters 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 6566" Section 15150, Financial Project ID
256957-1-56-01, RIW Job N/A, and that the City assume all costs incurred ill. the respective
utility installations, which costs are estimated to be $80,000.
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, and that the City Manager be hereby authorized and
directed to execute and deliver to the State of Florida Department of Transportation a Utility
Agreement for the adjustment, change or relocation of certain utility facilities within the limits
of said State Road 55.
(
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Resolution No. 99-41
"
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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
16th
day of September
1999.
Approved as to form and
legal sufficiency:
Brian1:;-J 4s:-
Mayor-Commissioner
therebY certrfv that this is It ~ and
correct wpy ol the oril!i.n<al as It
appears in the files of the City of
Attest: Clearwater. W~tness my hand .and
~'.' '. .' ,the c; ileanv~tel:'O
, . of , ,lW..:,t.
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J 0 ' Carassas
Assistant City Attorney
~.(~~/JuL-~77L~
-;/J;J Cynthi . oudeau =-7 I
o City Clerk '
2
Resolution No. 99-41
~
"
UilLlTY RELOCATION SCHEDULE I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form 710-010-05
UTILlTIES2/99
Financial Project 10: 256957-1-56-01 Federal Project 10:
Work Program Item No. (old): 7117045 County/Section No: 15 150
State Job No. (old): 15150-3566 District Document No:
UtiWy Agency/Owner (UAO): Clearwater Gas System
A Summary of Relocation And Execution
NON-CONSTRUCTION ITEMS ESTIMATED CONSTRUCTION ITEMS ESTIMATED
- CALENDAR DAYS CALENDAR DAYS
Preliminary 30 Prior to FOOT Project Construction 0
Material Procurement 60 During FOOT Project Construction 37
Right-of-Way Acquisition 0
Other 30
This document has been developed as the method for a Utility Agency/Owner (UAO) to transmit to the Florida Department of
Transportation (FOOT), the Highway Contractor, and other right-of-way users, the location, relocation, adjustment, installation,
and/or protection of their facilities, on this FOOT project. The following data is based on FOOT preliminary construction plans
dated May 21. 1999 . Any deviation by the FOOT or its contractor from the plans, as provided, may render this
relocation schedule null and void. Upon notification by FOOT of such change, this utility may require additional days for
assessment and negotiation of a new relocation schedule. This UAO is not responsible for events beyond the control of the
UAO that could not reasonably be anticipated by the UAO and which could not be avoided by the UAO with the exercise of
due diligence at the time of the occurrence. The UAO agrees to notify the Department in writing prior to starting, stopping,
resuming, or completing work.
During the project, the UAO shall locate their facilities within 48 hours of notice to their
Representative Sunshine State One Call , Telephone Number 800/432-4770
This UAO's Field Representative is Dane Whitt , Telephone Number 727/462-6630
This document is a printout of an FDOT 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 Documenf'.
Aut:L. Utility Agent: /oftr /97 ~?)imnce ;[1t ;tiOO: lo/z!>/19
j//~
(Date) . .
(Signature) (SignaturwT (Date)
Thomas K. Sewell Henry E. Humbert
(Printed Name) (Printed Name)
Manaqer Gas Operations. South Area District Utility EnQineer
(Title) (Title)
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J:lDOaOOO83~830 15.01\Relo.gas
Page 1 of 4
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UilLlTY RELOCATION SCHEDULE I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form 710-010-05
UTlLlTlES2/99
Financial Project 10: 256957-1-56-01
Work Proaram Item No. (old): 7117045
State Job No. (old): 15150-3566
Utility Agency/Owner (UAO): Clearwater Gas System
B. Special Conditions I Constraints
Federal Project ID:
County/Section No: 15 150
District Document No:
1. New facilities must be activated prior to the removal of any existing facilities.
2. 48 hours prior to construction, FDOT Contractor shall call Sunshine at 1/800/432-4770.
3. Any proposed right-of-way acquisitions by FDOT are to be completed prior to utility construction.
4. This relocation schedule is to be used if the Clearwater Gas System rejects the FDOT Contractor's
bid on financial project ID 256957-1-56-01.
J :\DOC\OO()83\ooo830 15,0 I \Relo.gas
Page 2 of 4
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UTllTY RELOCATION SCHEDULE I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form 710-010-05
UTILlTIES2I99
Financial Project 10: 256957-1-56-01 Federal Project ID:
Work Program Item No. (old): 7117045 County/Section No: 15 150
State Job No. (old): 15150-3566 District Document No:
Utility Agency/Owner (UAO): Clearwater Gas System
c. Disposition of Facilities (List All Existing & Proposed) on Project:
UTILITY FACILITIES by DESCRIPTION M.O.T. CONSECUTIVE
TYPE! SIZE' MATERIAU OFFSET OF DEPENDENT PHASE CALENDAR
TO BASELINE FROM STA TO STA UTILITY WORK ACTIVITIES NUMBER DAYS
US 19
Gas
1. Existing 4-inch BIW Gas Main from TO REMAIN N/A N!A 0
Station 980+00, 97 feet right to
Station 989+55, 117 feet right of
baseline survey.
2. Existing 4-inch BIW Gas Main from TO REMAIN N/A N/A 0
Station 980+00 to Station 983+74,
95 feet left of baseline survey.
3. Existing 4-inch BIW Gas Main from TO BE N/A 2 13
Station 983+74 to Station 1003+25, REMOVED
180 feet left of baseline survey.
4. 4-inch PE Gas Main from Station TO BE Concurrent 2 18
983+74 to Station 1002+52, 66 feet INSTALLED with
left of baseline survey. Drainage
5. 4-inch BIW Gas Main Crossing at TO REMAIN N/A N/A 0
Station 980+ 12.
6. 4-inch PE gas main from Station TO BE Concurrent 2 2
1002+52, 66 feet left to Station INSTALLED with
1003+25, 180 feet left of baseline Drainage
survey.
7. Existing 4-inch (abandoned) steel TO BE Concurrent 3 1
gas main crossing at Station 32+22. REMOVED with
Drainage
1:\DOaOOO83\OOO8301S.0 1\Relo.gas
Page 3 of 4
U,JUTY RELOCATION SCHEDULE I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form 710-010-05
UTILlTIES2/99
.. -' ~
>. .
Financial Project 10: 256957-1-56-01
Work Program Item No. (old): 7117045
State Job No. (old): 15150-3566
Utilitv Agency/Owner (UAO): Clearwater Gas System
C. Disposition of Facilities (List All Existing & Proposed) on Project:
Federal Project 10:
County/Section No: 15 150
District Document No:
UTILITY FACILITIES by
TYPEI SIZEI MATERIAU OFFSET
TO BASELINE FROM STA TO STA
DESCRIPTION
OF
UTILITY WORK
DEPENDENT
ACTIVITIES
M.O.T.
PHASE
NUMBER
CONSECUTIVE
CAlENDAR
DAYS
DREW STREET
8. Existing 4-inch Gas Main from TO BE Concurrent 3 1
Station 41 +67 to Station 43+00, 47 REMOVED with
feet left of baseline survey. Drainage
9. Existing 4- inch Gas Main from TO REMAIN N/A N/A 0
Station 43+00 to Station 44+00, 45
feet left of baseline survey.
10. 4-inch PE Gas Main from Station TO BE Concurrent 3 2
41 +67 to Station 43+00, 47 feet left INSTALLED with
of baseline survey. Drainage
J :\D0C\00083\OOO830 15.0 1 \Relo.gas
Page 4 of 4
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STATIOF FLORIDA DEPARTMENT OF TRANSPORTATll
UTI ITY WORK ORDER CHANGE NO. 1
FORM NO, 710-010-04
UTILITIES
11/99
Financial Project ID: 256957-1-56-01 Federal Project ID:
Work Program Item No. (old): 7117045 County/Section No: 15 150
State Job No. (old): 15150-3566 District Document No:
UTILITY AGENCY/OWNER (UAO): CITY OF CLEARWA TER-CLEARWA TER GAS SYSTEM
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 Participation Agreement by Highway Contractor is estimated for $75,382.89. This amount includes
surcharges of 5% for Mobilization, 2% for MOT, 5% for CEA and 10% contingency.
2. The items of work covered by this Work Order Change are referenced to an Agreement of record dated 12/06/82 ,
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, ~ 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. ----2L-NONREIMBURSABLE - Section .001 (4)(a)
b. _REIMBURSABLE - Section ,001 (4)(b)
(1) _ Force Account Method
(2) _Lump Sum Method
(3) Third Party Contract Method
C.
ESTIMATED COST OF WORK DUE TO THIS CHANGE:
ITEM ITEM UNIT UNIT WORK ELIMINATED (-) ADDITIONAL WORK (+)
NO. PRICE
QUANTITY AMOUNT QUANTITY AMOUNT
Engineer's 61,262.00
Estimate
Mobilization 3,063.10
MOT 1,225,24
CEA 3,277,52
Contingency 6,555,03
Sub-Totals"",.".,.."""""",..,.,.".,.""""".""",....."""""",."."",."...""". , $ $ 75,382,89
Net Cost of Construction Changes, this order..""...."....,...."..""..,......... $ $ 75,382.89
Cost of Construction Changes, previously ordered........,......,..",.."....,.., $ $ 0,00
Net Total Cost Construction Changes to Date...,.........,....,..,...........",.... $ 0,00
Contract Amount....... ....", ,..,..",,'.., ....,.. .."..... "",........., ...."..... ....,....,...." $ 80,000.00
Estimated Cost of Work Authorized to Date...""".....,........"................... $ 75,382.89
} Examined as to provisions and participating items of cost:
Recommended: 1l.IZ7 9'1 Approved: 1/3/00
;J~ ~ 4 -lJ--/ r/-
DiStrictL!1; Coordinator ~ Utility Engineer
Approved:
Date
Division Administrator
Federal Highway Administration
j' ,
. .
~
Florida Department of Transportation
,~
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JEB BUSH
GOVERNOR
11201 N. McKINLEY DRIVE" TAMPA, FL 33612-6403" (813) 975-6040 "1-800-226-7220
DISTRICT UTll..ITIES MS 7-820
THOMAS F. BARRY, JR.
SECRETARY
December 30, 1999
Tom Robertson
Clearwater Gas Systems
400 North Myrtle Avenue
Clearwater, FL 33755
RE: Fin. Proj. ID: 256957-1-56-01 SPN: 15150-3536 WPI: 7117045
Joint Project Agreement - City of Clearwater 1 Clearwater Gas System
Description: SR 55 (US 19) at Drew Street
Dear Mr. Robertson:
We are enclosing your copy of the Agreement, Relocation Schedule and executed Change Order
No.1 for utility installation by Highway Contractor.
Thank you for your cooperation in this phase of the negotiations. We will keep you abreast as the
remaining phases take place.
If you have any questions regarding this project, don't hesitate to call me.
Sincerely,
iJi~ $, M~
Nina S. Mabilleau
FDOT Utility Coordinator
form#23
Enclosure
cc:
Daphne Mahagan, District Construction Services, w/copy of change order
Marty Sanchez, Construction Engineer, w/original change order
Debbie Carroway, Office of the Comptroller, w/original change order
Project File, w/original change order
..},:1!'J
www.dot.state.fl.us
S RECYCLED PAPER