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91-23 . I . . t7.'J:\ ~ Q) RESOLUTION NO. 91~23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, AUTHORIZING THE EXECUTION OF A JOINT PROJECT AGREEMENT, A UTILITY RELOCATION AGREEMENT. AND A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR UTILITY RELOCATION AT COUNTRYSIDE BOULEVARD AND U. S. HIGHWAY 19: 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 is reconstructing a portion of the State Highway System from South of Countryside Boulevard to North of State Road 5BO, which calls for the relocation or replacement city water, sewer and gas facilities in the right-of-way: and WHEREAS, the City has authorized the preparation of plans and specifications for such work, and the plans and specifications have received engineering approval by the Department and the City: and WHEREAS, agreements to provide far such work in conjunction with the road reconstruction work have been prepared, and a copy of each 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, the Uti 1 ity Relocation Agreement, and the Memorandum of Agreement between the City and the State of Florida Department of Transportation for relocation or installation by the Department of City utility facilities. copies of which are attached hereto as Exhibits It 2 and 3. are 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 casts are estimated to be $476,205.08, of which $126,629.58 is reimbursable. 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 i~nediately upon adoption. PASSED AND ADOPTED this 6th day of June, 1991. Attest: 1...0 ~ '".,. ,~ l' I '/ . 't~: '.T'.~'~",f<~,,.. t /. I i ,.. " f< ; , " ((- 9/~~ ~ ~ $ ., 4. .', rCRH'7~-23A1 09/90 PAGE 4 OF 6 c. An irrevocable standby Letter of Credit (LaC), substantially ,in'the form attached hereto as Exhibit "A", in the initial amount of $ will be issued by the bank chosen by and approved by the Department's Comptroller and the original deli,ver.ed <:'0' the Comptroller within ten days of execution of the LaC and {or prior to the ~ward of any contract ,related to this agreement. As the outstanding cost for the remaining work under the construction'. contractor and/or supplemental agreements changes over the life of, the project, the Department shall periodically notify and the LOC Bank and the LaC available for drawing by the Department shall be adjusted accordingly. . , d. Upon preparation of each monthly invoice of the Contractor for payment, the Department shall cause'the Division of Treasury to transfer the exact invoiced amount into th~ appropriate account (_ ) from which the Contractor's' invoices will be, paid in accordance with applicable Florida statute and procedures. The Department will copy on each monthly invoic~ at: (Address of Vendor) . . . In the event I fails to maintain the minimum balance of $ in the Esc~ow Account, the Department shall notify of its intent to draw against the LOC and if payment is not received in five business days of 'such notification then the Department may make demand under the LaC for the entire amount remaining under the contract. e. Upon'final inspection and approval of Project ( ) by the Department and after the Department makes final payment for the construction to the contractor, the Department shall make available to all contract files which demonstrate that all funds provided by have been used to pay for obligations under this Joint Project Agreement. f. The provisions of section 5 supersede and have preference over any other provision of this or any other rela~ed contracts. 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 standard permit required by the STATE,STATUTES for occupancy of pUblic rights of way. 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 amendments and specifications for traffic control routing and parking and to conform with the regulations of the DEP~TMENT pertaining thereto. , )' @ ~ . I. ;....." . , ' , fOIth 723~23~1 09/90 PAGtt 1 OF 6 . . ... sta~e of Florida Department of Transportation Division of Preaonatruatlon & Design JOINT PROJECT AGREEMENT UTILITY' INSTALLATION BY JlIGIIWAY CONTRACTOR (MUNICIPAL) COUNTY UTILITY JOB NO. STATE ROAD PARCEL & NUMBER COUNTY NAME R/W JOB NO. SECTION 150 15 55 6590 PINELLAS 1 N/A THIS AGREEMEN'r, made and entered into this _ day of t 199 t by and between the STA'rE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter r.eferred to as the DEPARTMENT, and the CITY OF' Clearwater, a Municipal corporation, hereinafter referred to as the CITY. WIi'NESSRTlI: I WHEREAS, the DEPARTMENT is bonstruoting, reconstruoting or otherwise changing a portion of the state Highway Syotcln designated by the DEPARTMENT as Job. No. 15150-3549, Road 55 from South of Countryslda Blvd.to North of S.R. 580 \'lhich shall. call for the facilities along, over and/or under said high\'Iay. 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 t hereinafter be designated as "Utility Work", . MID WHEREAS, . the term "cost of Utility Work" shall include the entir amount paid by the CITY properly attributable to such work identified 1n th pians and specifications~ . AND WUERE1\S, the' CITY has expressed its desire to assume all cost incurred by this "utility Nork" and has requested the DEPARTl<lENT to includ in said Job certain, plans and specifications to meet the CITY's needs, , AND WHEREAS, the CI1.'Y has expressed its desire to assume all cost incurred by this "Utility Warkll and has requested the DEI?1\RTMENT to includ in~ aid Job oertain plans and specificatiops to meet the CI~~'S needs, , AND WUEllEl\S, the DEPARTMENT and the CITY have determined that it waul be to the best interest of the general public to the economic advantage 0 both pSJ:'ties to entoJ:' into a JOINT PROJEC'l' providing for such work, ,AND WHEREAS, tho DEPARTMENT may participate in those utility improve ments, relocat.t.on, or removal oosts that exceed the DEPARTNENT's officia estimate of the cost: of such work by more than 10 percent, pursuant to F.S 337.403. EXHIBIT 1 , ' Di ~ @ . . , . . fcWt 723~2J.u 09/90 PAGE 2 OF 6 NOW THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to tl.e other in hand paid, the receipt whereof is hereby acknowledged, and in furthe~ 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 facilities within the limits of the project as included in the plans and estimate of tho highway contract& more specifically described as F.D.O.T. Contractor to r.olocato, adjust, and 'install city water, sewer, and gas faoilities. 2. The CITY will prepare, at its expense, the design nnd plana for all of the CITY'S necessary "utility Work" specified above, and \'lill furnish to the DEPARTMENT no later than March 22, 1991, complete original plans on Gtandard size sheets -(22" x 36"), all suitable for reproduction by the DEPARTMENT, together with 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 of Quantities" sheet. It will be the responsibility ofL the CITY to coordinate the development of the "utility Work" plans with 1:\1e DEPARTMENT's highway job plans. The DEPARTMENT, upon request by the CITY, will furnish all available highway information required by the CITY for the development of the "Utility Work" plans; and the DEPARTMENT shall cooperate fully with the COUNTY to this end. 3. All of the w~rk 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 for verifying the accuracy of the DEPARTMENT's underground survey information, and will also be responsible for any changes to the CITY'S plans made necessary by errors or omissions in the DEPARTMENT's survey information as furnished to the CITY. All errors, omissions, or changes in the design of the CITY'S "Utility Work" will be the sole responsibility of the COMPANY. In any conflict b~tween CITY 'and DEPARTMENT specifications, the DEPARTMENT's specifications will govern. 4., The CITY', at its expense, will furnish all engineering inspection, testing' and supervision of the "Utility Worlt", and will also furnish the DEPARTMENT's ENGINEER with progress reports for diary records, approved quantities and amounts for weekly, monthly and final estimates. All fiel survey control for the lfUti1ity Work II wi11 be furnished by the CITY under th I supervision of the DEPARTMENT's ENGINEER. The coordination of the CITY' . "Utility Work" with that of the highway contractor and other utilities andlo their contractors will be the responsibility of the DEPARTMENT, and the CI sha1~ cooperate fully in this matter. ~ll information required for Chang Orders or supplemental Agreements pertaining to the CITY'S "Uti1ity Work" shall be promptly furnished to the DEPARTMENT by the CITY upon the request 0 the DEPARTMENT. 5. The DEPARTMENT will provide tho necessary'engineering supervision t assure constr\,\ction is in compliance with the plans and specification , hereinabove referred to, and shall receive all bids for and let all contract for,said Ilutility Work", all at the sole oxpense of the CITY. All bids fa said UUtility Work" shall be taken into consideration in the award of bid 0 the Highway Job and the CITY shall havQ ,~ho right to reject any or all @ (i) . , I . . · rOM 7h-23A1, 09/90 PAGE 5 O~ 6 10. The CITY covenants and agrees that: it will tndemnif~i and hold harmless DEPARTMENT and all of DEPARTMENT's officers, ,agents', 'and employees from any claim, loss; damage, cost, charge of expense arising out of any act, action, negle~t or omission by CITY during the performance of the contract, whether direct or indirect, and whether to any person or ,property to which DEPARTMENT or said'parties may be subject, except that neither CITY, nor any of its sub- contractors will be liable under this section for damages 'arising out of injury.or. damage to persons or property directly caused or resultJ.ng from the sole negligence of DEPARTMENT or any of its officers, agents or employees. 11. Upon completion of the work, the DEPARTMENT shall, within onc hundred eight (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 shall show the ' description and site of the projact; the date on Which the first work \olas performed; the date on which the earliest item of billed expense was incurred; the date on which the lqst work was perfonncd.or:the last item of billed expense was incurred, and th~ location where the records and accounts bill can be audited. Adequate reference shall be made in billing to the DEPARTMENT's records, accounts or other relevant documents. All cost records and accounts shall be subject to audit: by a representative of the CITY. upon receipt of invoices prepared in accordance with the provision'of DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad' ,Relocation," dated Oqtober 1, 1973, the CITY agrees to reimburse the DEPARTMENT in the amouqt of such actual cost. ',\ ,I ' " . ., ,\ -', . (i - ,,' . ",,"11I'" .-\ .' . fORt( 7iJ.2JAl 09/90 rAGE 6 OF 6' " IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the 'day and year first above written. ------------------------------.---------------------- ---------------------------------------------------- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ( SEAL)' District Secretary of Transportation ATTEST: Executive Secretary --------------------------------------------------~--------- - - ------------------------------------------------------------ COUNTY, FLORIDA I I BY: (SEAL) (TITLE ATTEST: - ============================================================= Approved as to Form, Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BYs Assistant Secretary '.. " . \... // , j,' ., ~ ,.~) " ~ @ , , FORM 723.08.JPA 1-91 PAGE _ OF _ 2, The CITY fudher agrees to fully comply with the provisiono of T1tle VI of the Civil Rights Act of 1964 in connection w1th tho tlHelocation'.' covered by this agreement, and such compliance will be governed by the method checked and described hereafter: (a) The CITY will perform all or part of ouch "Relocation Work" by a , Contractor paid under a contract let by the CITY', and the Appendix uA" of Assurances attached to this agreement will be included in said contract let by th~ CITY. xxx {b) The CITY will perform all of such "Relocation Work" entirely with the DEPARTMENT'S contractor, under tho terms of tho Joint Project Agreement, Installation by IUghwny Contractor, and l\ppendix "]\11 of Assurances is not required; . The "Relocation Work" ihvolved is agroed to by way of juat compensation for taking o~ CITY'S facilities located on right of way in which the CITY holds a compensable interest, and Appendix tin" of Assurances is not required. (c) Cd) The CITY wlll perform all such "Relocation Work" entirely by continuing contract which contract to perform all futuro "Relocntion Work" was executed with CITY'S Contractor pdor to August 3, 19G5, and AppendiX "A" of Assurances is' not required. . 3. The DEPARTMENT hereby agrees to reimburse the CITY for all costs incurred by it in each such relocation of said facilitles, in accordance with the provisions set forth 1n DEPARTMENT Procedure No. 710-010-050B lIReimbursement for Utility and Railroad Relocation,n date Dacember G, 1990, and any supplements or re~isions thereof. It is understood and agreed by and between the parties that preliminary engineering costs not incorporated in the CITY'S plans and estimates, ae approved by the DEPARTMENT, ehall not be subject to payment by the DEPARTMENT. 4. Attached hereto, Bnd by reference made a part hereof are plans and specifications of the work to be performed by the CITY pursuant to tho terms " hereof, and an estimate of the cost thereof in ,the mnount of $ 126 t 629.58 . nIl ~ork performed by the CITY pursuant heretpl shall 'be performod,accoroing to these plans and specifications as approved by the DEPARTHENT, Bnd all subsequent plan'changes shalllikew!se be approved by th13 DEPARTMEN'l:. All "Relocation Work" covering facilities to be relocated to a position within the highway right of 'flay will be accol1111odated in accordance with the provisions of Rule 014-46.01 "utiiity Accommodation Guide," Florida Administrative Code, and any supplements thereto or revisions thereof. 5. All labor, services, materials and equipment furniuhed by the CITY in carrying out the work .to be performed hereunder uhall be billed' by thaCITY direct to the DEPARTMENT. Separate records liB to the cost of contrnct bid items and torce account items performed for the CITY shall a100 be furnished by tho CITY to tho DEPARTMENT. .. _. @ ~ roM 723-0a.JPA 1-91 PAGE _ Of ~ 6. The CITY has determined that the method to be used in d~veloping tha relocation or adjustment cost shall be as specified for the method checked and , described hereafter: (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure proscribed by tho applicable Federal or state regulatory body. (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the CITY approved by the DEPARTMENT. (c) An agreed lump sum $ detailed analysis of estimated method is not applicable where adjustment exceeds $25,b~o.) 7. The adjustment of the CITY'S facility ae plAnned (will-will not) require the operation of the old facility until the new facility is functioning. (If tho old. fscHUy must remain in operation until the new facility is functioning, indicate the reason below~) , as supported by a cost attached hereto, (Note: This the oatimated cost of the proposed 8. This proposed new facility installed in the CITY'S system (Will-will not) remain in useful service beyond the time when the overall (old) facility, of which it is part, is replaced. (If the new facilitv will remain in useful service as above, or if an entirely Ilew facility is constructed and the old facility retired, credit for exPired service life applies, and $ is the estimated-actual) amount to cover this credit.) 9. Tho adjustment of the CITY'S facility BS planned' (will-will not) involve additional "Relocation Work" over and' above tho minimum reimbursable requirements of the DEPARTMENT (If upgrading and/or nonreimburnable "Relocation Work" is involved at the option of the CITY, then credit against the cost of thQ project is required and will be governed by the method checked and doncribed hereafter): (a) '\ will be applied to ,the final bll11ng of work actually accomplished to determine require credit for (betterment) and/or (ekpired service life) and/or (nonreimbursable segmental. XXX (b) All, "Relocation War"" involving nonreimbursable segments will be performed by special CITY work or job order number apart and separate from reimbursable "Relocation Worlc": such work or jOb order number to be 15150-6590 . The CIT'! furthet' agrees to clearly identify such work arens in the CITY'S plans and estimatos for "Relocation Worktt covered by this agreement. (c) $ credited for (betterment) nnd/or (expired service life) and/or (nonreimbursable segments) in accord with Article 6.(c) herein above. /I , . . . \. @ @ FORK 723-0B.JPA 1-91 PAGE _ or _ 10. It is specifically agraed by and between the DEPARTMENT and the CITY that the DEPARTMENT shall receive fnlr and auequate credit for any salvage which shall accrUe to the CITY as a result of the above relocation work. 11. It is further agreed that the cost of all improvements made during this relocation \~ork shall be borne by the CITY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of relocation of previously existing facility, less salvage credit as set forth in the !rrmediately preceding paragraph. 12. Upon completion of thq work the CITY shall, at the earliest date practicable, and in no event later than one hundred oighty (lBO) dayn following the date of completion of the tiRe location Workll by the CITY furnish the DEPARTMENT with two (2) copies of its final and complete billing of all coats incurred 1n connection with the wOFk performed hereunder, such statement to follow as closely BS possible the items contained in the entlmate attached herato. Upon tho CITY'S failure to submit proper billing within the 180 day period, the DEPARTMENT, may at its discretion, audit the CITY'S records and thereby determine the reimbursable amount. The CITY hereby waives any right of appeal 01" protest of such amotlnt~ as determined by Qudit. The totals for labor, overhead, travel expense, transportation, equipment, materialo and supplies, handling costs, and other services shall be shmm in such a manner as will permit ready comparison with the approved plans and estimatea. Materials shall be itemized wherl! they represent major components or costs in the relocation, .following the pattern set out in the approved estimate as closely as poasible. Salvage credits from recovered and replaced permanent and recovered temporary materials ~hall be,reportod in said bill in relative position with the charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right of \lay items are involved, the date on which the earliest item of billed expensa was Jncurred; the date on which the last work was performed or the last item of billed expense was incurred, and the location where tlte records and accounts billed can be audited. 1\dequate refprence shall be made in the billing to the CITY'S records, accounts and other relevant documents. 1\11 cost records and accounts shall be subjoct to Budit by a'representative of the DEPARTMENT. Upon receipt of . invoices prepared in accordance with the provisions of the DEPARTMENT Proccd\.lre Ho. 132-046, tho DEPARTMENT agrees to reimburse tho CITY in tho amount such actual costs aa approved by the DEPARTMENT'S auditor. The DEPnRTMENT shall retain ten percent from any progreoe payments. 13. The CITY furthor agrees to indomnify, defend, and save harmleRB and exonerate the DEP~THENT of and from nIL liability, Claims, and demands for contractual liability riRing out of the work undertaken by the CITY, its employees, 8lJOnts, representatives, or il;.s aubcontractors due in Whole, or in part, to conditions, actions, or omissions done or cc~ltted by the CITY; or itG .subcontractors, its'omployeas, .agents, representatives, or its subcontractors. . I _. t ~.. .,. ..' ~ ~ @ ,. FORK 723w08.JPA 1-91 PAGE ..:.-OP _ It is specifically understood and agreed that this indemnification Bgreement does not cover nor indemnify the DEPARTMENT for its, own negligence or breach of this cpntract. . IN WITNESS WHEREOF, the parties hereto have caused these presenta to be executed by their duly authorized officers, and their official seals hereto ~ffixed, the day and year fixst above written. STATE OF FLORIDA .DEPARTMENT OF TRANSPORTATION BY: I I Director of Preconstruction and Desig~ (SEAL) . ATTEST: Executive Secretary CITY OF , FLORIDA . BY:. (SEAL) (Title: . ) ATTEST: ,Approved as to Form, Legality and Execution STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Assistant Attorney i.', '.1 .' . .. ~ ., ". ;' @ Cj) ,. f '" . . Ellhlbil A 5/90 .hOD 1 of 3 _......~. - MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entcred.intothis day ,199__, by and between the .State . of Florida, Department of Transportation, hereinafter referred to as IIDOTII and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasuryll and the City of Clearwater, hereinafter. referred to as the "participant". WHEREAS, WITNESSETH "DOTu, is currently construc::ting State Project No: 15150-3549 F.A.P. No: FFD-185-1(29), W.P.I. No: 71166371 I County: Pinellas \ referred to as the "project". the following projects . . hereinafter WHEREAS, DOT and. the Participant entered into a Join~ project Agreement, utility Installation by Highway contractor dated 199 , wherein DOT 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 ~ould 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: 1.' An escrow account in the amount of $ 476,205.08 will be opened by the "Participant" in the name of the Florida Department of Transportation, to be called ,"City of Clearwater Utility Relocation . . Account. (state Road 55)11, with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities. Such aocount will he opened . pursuant to. the provisions of Chap~~r 255, Florida Statutes, and shall be ... .... deemed to be an aSBet of DOT. ." EXHIBIT 3 . . . fW ~ . ..' . . ".." '- ~ t\:hlbll ~ 5/90 PIIlJO 3 of 3 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 a~d year first above written. -=========================================~=======~==== STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (SEAL) District Secretary - D~strict 1\TTEST: Executive Secretary Approved as to From, Execution, and Legality: Department Attorney I I ~================================================================ 'STATE OF FLORIDA DEPARTMENT OF INSURANCE DIVISION OF TREASURY BY: (SEAL) TITLE: ATTEST: TITLE: ============-====--===-==-=======~===================================== . . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (SE1\L) Comptroller ATI'EST: TITLE: ======================================================================= (Participant) BY: (SEAL) ,TITLE: ATTEST I .. ~ TITLE: " .' . . ; .