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93-2r RESOLUTION N0. 93 -2 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A JOINT PROJECT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR RELOCATION AND /OR INSTALLATION OF NATURAL GAS MAINS DURING THE EAST BAY DRIVE WIDENING PROJECT; AUTHORIZING THE PLACING OF FUNDS WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COMPLETION OF UTILITY INSTALLATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation is widening East Bay Drive from Belcher Road to U. S. Highway 19 North, which calls for the relocation and /or installation of natural gas mains in the right -of -way; and WHEREAS, the City of Clearwater requires additional gas capacity in certain locations within the construction limits of this project; and WHEREAS, the City has authorized the preparation of plans and specifications for such work, and the plans and specifications have received Clearwater Gas System approval; and WHEREAS, an agreement to provide for such work in conjunction with the Road reconstruction work has been prepared, and a copy of the agreement is attached hereto; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Joint Project Agreement between the City and the State of Florida Department of Transportation for relocation and /or installation of city natural gas mains, a copy of which is attached hereto as Exhibit A, is hereby approved, and execution by the Mayor and City Manager is hereby authorized. Section 2. The City shall assume all costs incurred for such work, which costs are estimated to be $81,000. The estimated costs of such work shall be paid in advance to the State of Florida Department of Transportation in accordance with the Joint Project Agreement. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 7th ay of LJayuary, 1993. Attest: Rita Garvey, Mayor -Com ssioner Cyn 'ia E. Goudeau, City Clerk %3 -ri # F:�975 Form: OGC -0007 (5/92) littDA bEPARTMENT OF TRANSPORTATION JOINT PROJECT AGREEMENT 'UTILITY INSTALLATION BY HIGHWAY CONTRACTOR (Municipal) ig — 1PROJEC ST='TE RD . COUNTY S I PARCEL I M_ 414 1503T 686 PINELLA 0 (12) THIS AGREEMENT, made and entered into this day of lg , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF CLEA_ RWATER, a municipal corporation, hereafter referred to as the CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the State Highway System designated by the DEPARTMENT as State Project No. 1503_ 0 -3524, State Road No. 686,East Bay Drive from E. of Belcher to W. of US 19, Packa e D which shall call for the adjustment, and /or undergo said dhighwaytaandtion of CITY facilities along, o WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above ddescribe, Ve described revieied by the DEPARTMENT and the CITY, said relocation hereinafter designated as "Utility Work "; and WHEREAS, the term "Cost Of Utility orkutable to such include entire amount paid by the CITY properly and WHEREAS, the CITY has expressed its desire to assume all costs incurred by this "Utility Work" and has requested p cati ns DEPARTMENT Nmeet include in said project certain plans and specifications the CITY'S needs; anti it WHEREAS, the DEPARTMENT and the general public gnand ttotthe would be to the best ir�4 -11 arties ttoe enter into a JOINT PROJECT economic advantage of t o such work; and AGREEMENT providing page 1 of 7 T xHiBIT ?"m � _q `� WHEREAS, the CITY, by Resolution a copy of which is attached 19 —r City of dated art hereof, has authorized the Agreement. hereto and made a p to enter into this Clearwater f the NOW, THEREFORE, in consideration it is agreed by the parties mutual g llows: hereinafter contained, ate in a JOINT 1. The DEPARTMENT and the CITY shall particip the scope of which will cover only CITY utility Facility PROJECT, project as included in the plans and within the limits of the contract more specifically described as estimate c the highway and the i P.A. 15030 -6524 Natural Gas Main rerloca including The estimated cost o said project is $ 81 000 " l+ attached hereto and method of payment is specified in Exhibit A made a part hereof. and 2, The CITY will prepare, at its expense, the design plans for all of the. CITY'S necessary "Utility Work" specified 19 92 complete original plans on standard above, and will furnish to the DEPARTMENT no later than _--- -- December 24 „ „ all suitable for reproduction by the size sheets (24 X 36 ), Final DEPARTMENT, together with a complete set or Work " - covering all construction requirements for the y lens shall be complete in every detail and wthe "Utility work" p of Quantities" sheet. It will be include a Summary responsibility of the CITY to coordinate the development of e lens with the DEPARTMENT'S highway plans. The "Utility Work" plans by the CITY, will furnish all available the DEPARTMENT, upon request information required by the CITY for the development of with highway „ lens; and the DEPARTMENT shall cooperate fully" "Utility Work p the CITY to this end. 3, All of the work on the JOINT PROJECT is to be done to the plans and specifications of the DEPARIa e which according b reference hereto, plans and specifications are, y the accuracy of information, and will also be hereof. The CITY will be responsible for verifying the DEPARTMENT'S undchangesdtoutheyCITY'S .plans made necessary by s responsible for any survey information as or changes in the errors or omissions ill the DEPARTMENT' S furnished to the CITY. errors, w lllbelthe sole responsibility design of the CITY'S ,,Utility conflict between CITY and DEPARTMENT of the CITY. In any , ecifications will govern. specifications, the DEPARTMENT'S sp 4. The CITY, at its expense, will furnish all engineering wil testing and monitoring of the ,Utility Work "� reports for inspection, Progress rep monthly also furnish the DEPART''r� NT enineeramounts for weekly,�� monthly diary records, approved quantities control for the All bold survey supervision of the and final estimates. "Utility Work" will be furnished by the CITY under the sup DEPARTMENT'S engineer. The coordination of the CITY'S Z�at e 2 of 7 73 -a Work" with that of the highway contractor and other utilities and /or their contractors will be the responsibility of the DEPARTMENT, and the CITY shall cooperate fully in this matter. All information required for Changes or Supplemental Agreements pertaining to the CITY'S "Utility Work" shall be promptly furnished to the DEPARTMENT by the CITY upon the request of the Department. 5. The DEPARTMENT will provide the necessary engineering supervision to assure construction is in compliance with the plans and specifications hereinabove referred to, and shall receive all bids for and let all contracts for said "Utility Work" all at the sole expense of the CITY. All bids for said "Utility Work" shall be taken into consideration in the award of bid on the Highway Job and the CITY shall have the right to reject any and all bids on the "Utility Work" if said bids exceed the CITY'S estimated cost by more than ten percent (l00). In the event of rejection of bids for the "Utility Work ", the highway contract documents will be so amended prior to award and the CITY will, at its expense, arrange for the prompt construction of the "Utility Work ", and will cooperate with the DEPARTMENT'S contractor to schedule the sequence of their work so as not to unnecessarily delay the work of the DEPARTMENT'S contractor, defend any legal claims of the DEPARTMENT'S contractor due to delays caused by the permittee's failure to comply with their relocation schedule, and shall comply with all provision of the law and Rule 14 -46, Florida Administrative Code. The CITY shall not be responsible for delays beyond its normal control. 6. All adjustments, relocations, repairs and incidentals required to be performed to the existing CITY utilities within this project, not included in this contract, will be the sole responsibility of the CITY, and will be handled under a separate agreement and utility relocation schedule. All such work is to be coordinated with the construction of this project and in a manner that will not cause delay to the highway contractor. 7. All services and work under the construction contract shall be performed to the satisfaction of the DISTRICT DIRECTOR OF OPERATIONS, and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for "Utility Work "; the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 8. The city of Clearwater agrees that it will, at least seven (7) days prior to the DEPARTMENT'S advertising the project for bid, furnish the DEPARTMENT an advance deposit estimate of $_ 81,000 for full payment of project cost for project ( J.P.A. F-1-MG-­6524 ) . Said deposit estimate 711-_z should be the total estimated project cost plus allowances $ 81,000 ). if the accepted bid amount plus allowances is in excess of the deposit amount, the CITY will provide an additional deposit within fourteen (14) calendar days or prior to the posting the bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. If the accepted bid amount plus allownances is less than the deposit amount, the DEPARTMENT will refund the amount that the deposit exceeds the bid amount plus allowances if such refund is requested by the CITY. The DEPARTMENT may utilize this deposit for payment of the project ( 15030 - 6524). Both parties further agree that in the event final billing pursuant to the terms of this agreement is less than the advance deposit, a refund of an excess will be made by the DEPARTMENT to the CITY; and that in the event said final billing is greater than the advance deposit, the CITY will pay the additional amount within 40 days from the date of the invoice. The payment of funds as required above will be made as follows (choose one): X Directly to the DEPARTMENT for deposit into the State Transportation Trust Fund. Deposit as provided in the attached Memorandum of Agreement (Exhibit A) between CITY, DEPARTMENT and the Florida Department of Insurance, Division of Treasury. 9. Upon completion and acceptance of the work, the CITY shall own, control, maintain, and be responsible for all CITY utility facilities involved, according to the terms of the utility permit. The CITY further agrees that it will maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed facilities or utilities within the right of way of said State Road, to comply with all provisions of law and of the DEPARTMENT's regulations pertaining thereto. 10. The CITY covenants and agrees that should the DEPARTMENT allow the CITY to place our of service rather than remove the utility facilities presently in existence, the CITY agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents and employees from any claim, loss damage, costs, charge or expense which may arise as a result of the placing out of service the utility facilities including, but not limited to causes arising out of any future removal of the said utility facilities by the CITY or entity other than the CITY. The CITY also agrees to adhere to all applicable required Federal, state and local laws, regulations, or authorities. Page 4 of 7 r y 11. The CITY covenants and agrees that it shall, to the defend, save and hold harmless the extent permitted by law, al actions, claims or demands by any and all leg out of the DEPARTMENT from any against the DEPARTMENT arising the CITY of person or legal entity Agreement by the CITY or use by participation in this Ag feted "Utility Work ". the comp the entire to the contractor for days 12. Upon final payment within one hundred eighty (181ete Y project, the DEPARTMENT shall, copies of its final and complete furnish the CITY with two ( ) as possible the billing of all cost incurred in connection with the work performed such statement to follo�heas. oblOesti ate. The final hereunder, the date on order of the items contained of the project' billing show the description erformed or the date on which the which the f irst work was P was incurred; the date on which the earliest item of billed expense expense was last work was performed or the last item of bill exp ebilled incurred; and the location here and accounts shall be subjct to can be audited.- P.11 cost In the event final cost is audit by a representative of the CITY• a ent less than the advance payment, the DEPARTMENT will refund the balance to the CITY. If the final cost exceeds the advance receipt po the o reimburse the DEPARTMENT CITY the the CITY hall will be invoiced for the balance. ARM final invoice, the CITY agrees 4p days. e of 1% per month on any invoice not paid amount of such actual cost within forty ( sentence until pay an additional char in the Preceding within. the time sp invoice is paid. to institute rovisions of this Agreement, the In the event it becomes necessary for the DEPARTMENT fees and court suit for the enforcement CITY shall pay the DEPT Eeasonable attorney costs if the DEPARTMENT prevails. the DEPARTMEP7'1" S reasonable attorneys' for he DEPARTMENT p 13. The CITY shall pay prevails in litigation sions of paragraphs 1, 8 and 12 of this fees and court costs if t the enforcement of the P rovi Agreement. prior 14. This document incorporates conversations, agreements, or and includes all and the negotiations, corres?ondence, understandings applicable to the mnotecommptments,l hagreements or parties agree that there are Agreement that s concerning the subject matter of this i reed that understandings Accordingly, it is agreed on any are not contained in this do- predicated UP It is reements whether or or written- no deviation from the terms hereof shall e prior representation or ag amendment or alteration unless further agreed that no modification, ten document executed with the same formality terms or condition contained herein shall be effective contained in dignity herewith. and of equal sage 5 of I J ".), 15. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 16. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction -to make such determination, the remainder of this Agreement shall remain in Lull force and effect provided that the part of the Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. Page 6 of 7 r t IN WITNESS WHEREOF, the parties hereto have caused these Presents to be executed by their duly authorized officers, and their officials seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CITY. OF:. BY: FLORIDA (Title: ATTEST: SEAL (Title: STATE OF FLORIDA � -- °- '- ----------- - ----- - - - -____ DEPARTMENT OF TRANSPORTATION BY: (Title: ATTEST: (Title:-- FOR DEPARTMENT USE ONLY Approved as to form and Legality STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: SEAL AttOrne APPROVED BY: Dist. Utility Eng. --------------- Approval by Office of Comptroller ---~-----------------"-__--- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Title: Page 7 of 7 �?3 ` 2