94-23RESOLUTION NO. 94 -23
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 THE RELOCATION AND /OR
INSTALLATION OF NATURAL GAS MAINS DURING THE EAST BAY
DRIVE WIDENING PROJECT, AND AUTHORIZING THE PLACING OF
FUNDS WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE COMPLETION OF THE UTILITY
INSTALLATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (Department) is
widening State Road 686 (East Bay Drive) from Highland Avenue to Belcher Road,
which calls for the relocation or installation of new City gas facilities over
and /or under said highway; and
WHEREAS, the City requires additional gas capacity in certain locations
within the construction limits of this project; and
WHEREAS, the City authorized the preparation of plans and specifications
for such work, and the plans and specifications have been prepared and approved
by the Clearwater Gas System; 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 Department
for relocation and /or installation of city natural gas mains designated as
Utility Job 6528, Section 15030, Parcel 1, R/W Job N /A, a copy of which is
attached hereto as Exhibit A, is hereby approved and authorized for execution by
the City officials.
Section 2. The City shall assume all costs incurred for such work, which
costs are estimated to be $340,000. 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 _ 17th day of _ March 1994.
Attest:
Cynt a E. Goudeau Rita Garvey
City lerk Mayor- Commissioner
W - "2_4
710- 010 -82 Form: OGC - 0007
(5/92)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PROJECT AGREEMENT
UTILITY INSTALLATION BY HIGHWAY CONTRACTOR
(Municipal)
WPIr
PROJECT, -r
STATE RD.
COUNTY
PARCEL
FAR,,
7116978
15030 - 3526/6528
686
PINELLAS
1
XU- 1414(16)
THIS AGREEMENT, made and entered into this day of
19 by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
DEPARTMENT, and the CITY OF Clearwater, 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. 15030 -3526, Road No. 686
between Hicrhland Avenue and Belcher Road which shall call for the
adjustment, relocation and /or installation of CITY facilities
along, over and /or under said highway; and
WHEREAS, the plans for the said construction, reconstruction
or other changes to be made, as above described, have been reviewed
by the DEPARTMENT and the CITY, said above described utility
relocation hereinafter designated as "Utility Work "; and
WHEREAS, the term "Cost of Utility Work" shall include the
entire amount paid by the CITY properly attributable to such work;
and
WHEREAS, the CITY has expressed its desire to assume all costs
incurred by this "Utility Work" and has requested the DEPARTMENT to
include in said Project certain plans and specifications to meet
the CITY'S needs; and
WHEREAS, the DEPARTMENT and the CITY have determined that it
would be to the best interest of the general public and to the
economic advantage of both parties to enter into a JOINT PROJECT
AGREEMENT providing for such work; and
Page 1 of 7
EXHIBIT A Vies. 94 -23 r
WHEREAS, the CITY, by Resolution '
dated , 19 a copy of which is attached
hereto and made a part hereof, hats authorized tho enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, it is agreed by the parties as follows:
1 The DEPARTMENT and the CITY shall participate in a JOINT
PROJECT, the scope of which will cover only CITY utility facility
within the limits of the project as included in the plans and
estimate of the highway contract, more specifically described as
he installation or a or line. The estimated cost of said project
t
is $ 34Q OQQ.Q including allowances; and the method of payment is
specified in Exhibit 11A.11 attached hereto and made a cart hereof .
The CITY will prepare, at its expense, the design _and
plans for all of the CITY'S necessary `,Utz1'ty work" specified
above, and will furnish, to the DEPARTMENT no later than Januarv777,
1924, complete criginal plans on standard size sheets X 36"),
all suitable for reproduction by the DEPARTMENT,. together ,r�th a
complete. set of specifications covering all construction
requirements for the "Utility Work ". Final "Utility Work" plans
shall be complete in every detail and will include a "Summary o= to
Quantities" sheet. It will be the resnonsib r {y plans e with r" -the
coordinate the development of the "Utility ol
DEPARTMENT'S highway plans. The DEPARTMENT, upon rea est . bedtbv
CITY, will furnish all available highway information
the CITY for the development of the "Gtility fork" plans; and the
DEPARTMENT shall cooperate fully with the CITY to this end.
3. All of the work on the JOINT PROJECT is to be done
according to the plans and specifications of the DEPARTMENT Which
plans and specifications are, by
reference hereto, made a part.
hereof. The CITY will be responsible er i yin and the accuracy be
the DEPAR'TMENT'S underground survey in or
responsible for any changes to the CITY'S plans made necessary by
errors or missions in the DF.PAE2TME 1T' S , survey ifo at on tae
furnished to the CITY. All errors, omiss_ons or a r sp nsibi14 -y
design of the CITY'S "Utility Work" will be the so_
de the CITY. in any conflict between CITY and DEPARTMENT
sp_ ecificat_'ons,
the DEPARTMENT'S specifications will govern.
r 'l:e ^�_Y, at its "fpense, :J1:.1 furnish all engineering
_. i , i _ �,e aUt:l=ty racrk ", and
itispectior., tasti ^g ar,d acn to _:ig o= re for
also f:�rnish t- e DE'P.kRT,.,SENT' S enginee- with progress , Iportsy 1 y
diary records, approved quantities and amounts f Weekly,
," on�hy✓
and ina est :a es. A11 field sur•/ey control fo'' �he U.
r ,1 ,�; :stied by the Cyy under the superiision °= the
r�`�yEyiy .y ).. +.w :;e " r ,y _ G YW'. e.Y.,ir r= ;t_-_- ... V.y
JsEispa..Saui.il ' J �� �. i'eP.'�. . The coordination of al
page 3 of 7
17 0 -
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 constderation 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 (10 %). 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 wi•11, at its expense, arrange
for the prompt construction. of the " Utility Work and will
cooperate with the DEPARTMENT'S contractor to schedule the sequence I
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 , Bela s
Administrative Code. The CITY shall not be responsible y
beyond its normal control.
6. it adjustments, relocations, repairs and incidentals
the existing CITY utilities within this
required to be performed to
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, difficul e t -J sonanod
dispu�s of whatever nature, which may arise under or by
such contract for "Utility Work "; the prosecution and fulfillment
of the services thereunder, and the character, quality, amounu and
value thereof; and his decision upon all claims, questions and
disputes thereunder shall be final and conclusive upon the par ties
her eta.
3, The C;t'l of Clearwater /Gas Division agrees that W11 1'
at least thirty (3o) days prior to the Di,PsRT1MEy1T'S advertising the
projer.t for bid, furnish the DEPARTMENT an advance deposit est- :�ta��
of S 340,000.QQ for full paynent of project c.s�
project (15030-.6,528'), Said deposit estimate
Page 3 of
should be the total estimated project cost plus allowances (5%
Mobilization 2 112% Maintenance of Traffic 10% Contincfencv and 2%
CEA) . 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- 5528).
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 forty (40)
days from the date of the invoice.
The payment of funds as required above will be made as follows ^
(choose one):;
Y 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 out 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 a5 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
q/ _073
.s,
11. The CITY covenants and agrees that it shall, to the
extent permitted by law, defend, save and hold harmless the
DEPARTMENT from any and all legal actions, claims or demands by any
person or legal entity against the DEPARTMENT arising out of the
participation in this Agreement by the CITY or use by the CITY of
the completed "Utility Work ".
12. Upon final payment to the contractor for the entire
project, the DEPARTMENT shall, within one hundred eighty (180) days
furnish the CITY with two (2) copies of its final and complete
billing of all cost incurred in connection with the work performed
hereunder, such statement to follow as closely as possible the
order of the items contained in the job estimate. The final
billing show the description and site of the project; the date on"
which the f irst work was performed or the date on which. the
earliest item of billed expense was incurred; the date on which the
last work was performed or the last item of billed expense was
incurred; and the location where the records and accounts billed
can be audited. All cost records and accounts shall be subject to
audit by a representative of the CITY within three •(3)•years after
f inal billing by the DEPARTMENT to the CITY. In the event final
cost is less than the .advance payment, the DEPARTMENT will refund
the balance to the CITY. If the final cost exceeds the advance
payment the CITY will be invoiced for the balance. Upon receipt of
the final invoice, the CITY agrees to reimburse the DEPARTMENT in
the amount of such actual cost within forty (40) days. The CITY
shall pay an additional charge of 1% per .month on any invoice not
paid within the time specified in,the preceding sentence until the
invoice is paid.
In the event it becomes necessary for the DEPARTMENT to institute
suit for the enforcement of the provisions of this Agreement, the
CITY shall pay the DEPARTMENT'S reasonable attorney fees and court
costs if the DEPARTMENT prevails.
13. The CITY shall pay the DEPARTMENT'S reasonable attorneys'
fees and court costs if the DEPARTMENT prevails in litigation for
the enforcement of the provisions of paragraphs 11 8 and 12 of this
Agreement.
14. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any
prior representation or agreements whether oral or written. It is
further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality
and of equal dignity herewith.
page 5 of 7
1 1 -,).3
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 full 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
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: , FLORIDA
BY: SEAL
(Title: )
ATTEST:
(Title: )
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
(Title: ) SEAL
ATTEST:
(Title: )
FOR DEPARTMENT USE ONLY
Approved as to form and Legality
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: APPROVED BY:
Attorney Dist. Utility Eng.
Approval pbyy office ^of Comptroller
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
(Title: )
Page 7 of 7
CITY SIGNATURE PAGE - Joint Project Agreement between the State of Florida Department of
Transportation and the City of Clearwater - Project 1/15030- 3526/6528 (State Road 686).
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey Betty Deptuta
Mayor - Commissioner Acting City Manager
Approved as to form and Attest:
correctness:
M. A. Galbraith, Jr. Cynthia E. Goudeau
City Attorney ' City Clerk
;E
q� - ,23 1
Exhibit A
5/92
Page 1 of 4
EXHWIT "A"
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day , 199_, by and between the
State of Florida, Department of Transportation, hereinafter referred to as "DOT" and the State of Florida,
Department of Insurance, Division of Treasury, hereinafter referred to as "Treasurer" and The City of
Cleazwater Gas, hereinafter referred to as the "Participant ".
WrTNESS ETH
WHEREAS, "DOT" is currently constructing the following project:
State Project No: 15030 - 3526/6528
F.A.P. No: XU- 1414(161
W.P.I. No: 7116978
County: PINELLAS
hereinafter referred to as the "Project ".
WHEREAS, DOT and the Participant entered into a Joint Participation Agreement dated
199,, wherein DOT agreed to perform certain work on behalf of the Participant in
conjunction with the Project.
WHEREAS, the parties to this AGREEiviENT mutually agreed that it would be in the best interest
of the DOT and the Participant if an escrow account were established to provide funds for the additional
work performed on the Project on behalf of the Participant by DOT.
NOW THEREFORE, in consideration of the premises and the covenants contained herein the parties
agree to the following:
three hundred fourty
1. An initial deposit in the amount of S 340,000.00_ ( thousand dollars) will be made by
the "Participant" into an escrow account. Said escrow account will be opened by DOT on behalf of the
Participant in the name of the Florida Department of Transportation with the Department of Insurance,
r.
Division of Treasury, Bureau of Collateral Securities upon receipt of this Memorandum of Agreement.
Such account will- be opened and shall be deemed an asset of DOT. °
Exhibit A
5/92
Page 2 of 4
2. Other deposits will be made only by the Participant as necessary to cover the cost of the gas line work
prior to the execution of any Supplemental Agreements.
3. All deposits shall be made payable to the Department of Insurance Revenue Processing and mailed
to the DOT Office of Comptroller for appropriate processing at the following address:
FLORIDA DEPARTMENT OF TRANSPORTATION
Office of Comptroller (M.S. 24)
605 Suwannee Street
Tallahassee, Florida 32399 -0450
ATINT : JPA Coordinator
A copy of this Agreement shall accompany the deposits.
4. The DOT's Comptroller and/or his designees shall be the sole signatories on the escrow account with
Department of Insurance and shall have sole authority to authorize withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall
remain in the account for the purposes of the project as defined in the JPA.
6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT.
7, The Treasurer's- Office further agrees to provide periodic reports to the DOT.
-,23
Exhibit A
5192
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the duly
authorized officers, and their official seals hereto affixed, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (SEAL)
Director of Production
ATTEST:
Executive Secretary
APPROVED BY:
District Utility Engineer
Approved as to Form, Execution, and Legality:
Department Attomey
STATE OF FLORIDA
DEPARTMENT O.F. INSURANCE
DIVISION OF TREASURY
BY: (SEAL)
TITLE:
ATTEST:
TITLE:
STATE; OF FLORIDA
DEPARTINIENT OF TRANSPORTATION
BY: (SEAL)
Comptroller
ATTEST: _..
TITLE:
m .
Exhibit A
5/92
-page 4 of 4
(Participant)
BY-. (SEAL)
TITLE:
ATTEST:
TITLE:
PARTICIPANT ADDRESS:
FEDERAL TAX I.D.
•
i
i
EXHIBIT A
CITY SIGNA'T'URE PAGE -
Joint Project Agreement between the State of Florida Department of
Transportation and the City of Clearwater - Project #15030- 3526/6528 (State Road 696).
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey
Betty Deptula
Mayor- Commissioner
Acting City Manager
i
Approved as to form and
Attest: _
correctness:
1
i
Nf. A. Galbraith, Jr.
Cynthia E. Goudeau
City Attorney
City Clerk t
1
PARTICIPANT ADDRESS:
t
!
City of Clearwater/
i
Clearwater Gas System
400 N. Myrtle Avenue
Clearwater, FL•34615
FEDERAL TAX I.D.
- i
i
59- 6000239