14-31RESOLUTION NO. 14 -31
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE UTILITY WORK BY
HIGHWAY CONTRACTOR AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE RELOCATION OF
EXISTING POTABLE WATER AND MODIFICATION OF
EXISTING SEWER WITHIN THE S.R. 590 —WEST OF
MARILYN STREET TO EAST OF AUDREY DRIVE ;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation, hereinafter
referred to as DOT, proposes to construct or improve S.R. 590 from West of Marilyn
Street to East of Audrey Drive, hereinafter referred to as the "Project "; and
WHEREAS, in order for the DOT to proceed with their Project, it is necessary for
the City of Clearwater to execute and deliver to DOT the agreement identified as "Utility
Work by Highway Contractor Agreement," hereinafter referred to as the "Agreement ";
and
WHEREAS, said Agreement is in the best interest of the City of Clearwater.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That the application of the State of Florida Department of
Transportation for a Utility Work By Highway Contractor Agreement is for transportation
purposes which are in the public or community interest and for public welfare; that an
agreement of utility interest, or interests, in favor of the State of Florida Department of
Transportation, in the City of Clearwater, Florida, should be drawn and executed by the
City Council.
Section 2. A certified copy of this Resolution shall be forwarded forthwith to the
State of Florida Department of Transportation at Tallahassee, Florida.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 14 -31
PASSED AND ADOPTED this 2nd day of ()rtnhPr
Approved as to form:
M w M. S
Assistant City Attorney
, 2014.
2ofke A crtketc03
George N. Cretekos
Mayor
Attest:
etit
Rosemarie CaII
City Clerk
2 Resolution No. 14 -31
it I
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this , day of ,
201, by and between the State of Florida, Department of Transportation, hereinafter
referred to as " FDOT" and the State of Florida, Department of Financial Services,
Division of Treasury, hereinafter referred to as "TREASURY" and the CITY OF
CLEARWATER, hereinafter referred to as the "PARTICIPANT".
WITNESSETH
WHEREAS, " FDOT" is currently constructing the following project:
Main Financial Project No.:431491- 1 -52 -01
County: PINELLAS
hereinafter referred to as the "PROJECT ".
WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded
Agreement dated , 201 , wherein FDOT agreed to perform
certain work on behalf of the PARTICIPANT in conjunction with the PROJECT.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in
the best interest of the FDOT and the PARTICIPANT to establish an interest bearing
escrow account to provide funds for the work performed on the PROJECT on behalf of
the PARTICIPANT by the FDOT.
NOW THEREFORE, in consideration of the premises and the covenants
contained herein, the parties agree to the following:
1. An initial deposit in the amount of $294,705.00 dollars (Two Hundred and
Ninety Four Thousand, Seven Hundred and Five Dollars) will be made by the
PARTICIPANT into an interest bearing escrow account established by the FDOT for the
purposes of the PROJECT. Said escrow account will be opened with the TREASURY
on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account
will be an asset of the FDOT.
2. Other deposits may be made by the PARTICIPANT as necessary to cover
cost increases or the cost of additional work prior to the execution of any Supplemental
Agreements or Amendments.
350 - 020 -300 -m
Page 2 of 3
3. Payment will be made as follows (check appropriate payment method):
II
Wire transfer
ACH deposit
0 Check
A wire transfer or ACH deposit is the preferred method of payment and should be used
whenever possible. Following is the wiring and ACH deposit instructions:
For wire transfers: Bank of America
Account # 001009068974
ABA # 026009593
Chief Financial Officer of Florida
Re: DOT — K 11 -78, Financial Project #
For ACH deposits: Bank of America
Account # 001009068974
ABA # 063100277
Chief Financial Officer of Florida
Re: DOT — K 11 -78, Financial Project #
If a check is the method of payment, the check shall be made payable to the
Department of Financial Services, Revenue Processing and mailed to the FDOT, OOC-
GAO for appropriate processing at the following address:
Florida Department of Transportation
00C-GAO, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, Florida 32399
A copy of this Agreement should accompany any deposits. When the check is
mailed to Tallahassee, the District Office should instruct the PARTICIPANT to
mail the District Office a copy of the check.
4. The FDOT's Comptroller or designee shall be the sole signatories on the
escrow account with the TREASURY and shall have sole authority to authorize
withdrawals from said account.
5. Unless instructed otherwise by the FDOT, all interest accumulated in the
escrow account shall remain in the account for the purposes of the PROJECT as
defined in the LFA.
6. The TREASURY agrees to provide written confirmation of receipt of funds
to the FDOT.
7. The TREASURY further agrees to provide periodic reports to the FDOT.
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Page 3 of 3
STATE OF FLORIDA STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL
COMPTROLLER SERVICES, DIVISION OF TREASURY
PARTICIPANT SIGNATURE
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
FEDERAL EMPLOYER I.D. NUMBER