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JOINT PROJECT AGREEMENT CONSTRUCTION MODIFICATION (MUNICIPAL) UTILITY JOB NO 3527 J I ., FORM 723-25A 5/91 PAGE I OF 3 STATE OF f1..ORIDA DEPARTMENTOF11tANSPORTATION DMSION OF PRECON!rI'Rl.IC11ON & DESKJN JOINT PROJECT AGREEMENT CONSTRUCTION MODIFICATION CIPAL COUNTY SECTION UTILITY JOB# STAlE ROAD COUNTY PARCEL & RIW JOB # 15 040 3527 60 PINELLAS I N/A TIllS AGREEMENT, made and entered into this L yof . 1991 by and between the STATE Of FLO~A DEPARTMENT OF TRANSPORTATION, hereinafter referred to a the DEPARlMENT, and the CITY mCI-n-- a municipal corpomtion. hereinafter referred to as the CITY. WITNESSETH: WHEREAS, TIlE DEPARlMENT is constructing, reconstructing, or otheIWise changing a portion of the State Highway System, designated by the DEPARlMENT as Job No. 15040-3527 on Road No. & from Court St. to Skv HaJbour which shaI1 call for the adjustment, change or relocation of certain facilities and/or utilities owned by the CITY (whether within the corpomte limits thereof or not) and located within the right of way of said highway, AND WHEREAS, the proposed said construction. as above described, has been reviewed by the DEPARTMENT and the CITY and said above-described adjustment, change or relocation work hereinafter be designated as "Utility Work," AND WHEREAS, the CITY has expressed its desire to asswoe all costs incurred by this "Utility Work' and has requested the DEP ARlMENT to inclnde in said Job 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 providing for such work, NOW, lHEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further considention of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The DEPARlMENT 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 the highway contract, more specifically described as an adjustment of manhole rin2S and lids . 2. 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 for verifying the accumcy of the DEPARTMENrS underground swvey information. and will also be responsible for any changes to the CITY'S plans made na:essary 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 CITY. In any conOict between CITY and DEP ARlMENT specifications, the DEPARTMENT'S specifications will govern. 3. All adjustments, relocations, repairs and incidentals required to be performed to the existing CITY utilities within this project, not included in 00 -(J /j/../-O!/ (- , J I FORM 723-25A 5/91 PAGE 20F3 this contract, will be the sole responsibility of the cm. 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. 4. All services and work under the construction contract shall be performed to the satisfaction of the DEP ARTMENl'S Director, Division of Construction, and he shall decide all questions, difficullies 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 c\J8Iacter, quality, amount and value thereof; and his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 5. The cm agrees that it will, at least thirty (30) days prior to the DEPARTMENTS advertising the project for bid, furnish the DEPARTMENT an advance deposit estimated at $ 22 077.30 for full payment of project cost for project (15040- 3527 ). Said deposit estimate should be the total estimated project cost plus allowances. 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 posting the bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT may utilize this deposit for the payment of the project ()5040-3527'l. Both parties further agree that in the event the final billing pursuant to the terms ofl'aIagraph 8 is less than the advance deposit, a refund of any excess will be made by the DEPARTMENT to the cm; and that in the event said final billing is greater than advance deposit the cm will pay the additional amount within 40 days from date of the invoice. 6. Upon completion and acceptance of the work, the CITY shall own. control, maintain and be responsible for all cm utility facilities involved, according to the terms of the standard pennit 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 the right of way of said State Road, to comply with all provisions of law and of the DEPARTMENTS manual with amendments and specifications for traffic control routing and parking and to conform with the regulations of the DEPARTMENT pertaining thereto. 7. The CITY shall 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 of this Agreement by the CITY, or use by the CITY, of the completed "Utility Work' 8. Upon completion of the work, the DEPARTMENT shall, within one hundred eighty (180) days fiunish the CITY with two (2) copies of its final and complele billing of all cost incurred in connection with the work performed hereunder, such stalfmenl 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 project; the date on which the first work was performed; the date on which the earliest item billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incwred; the date on which the last work was performed or the last item of hilled expense was incwred; and the location where the records and aooounts hill can be audited. Adequate references shall be made in the billing to the DEPARTMENTS records, accounts or other relevant documents. All cost records and accounts shall be subject to audit by a representative of the CITY within three (3) years after final billing by the DEPARTMENT to the CITY. Upon receipt of invoices prepared in accordance with provisions set forth in the FLORIDA DEI' ARlMENf OF TRANSPORT A nON General Audit Manual and any supplements or revision, etc., the CITY agrees to reimburse the DEPARTMENT in the amount of such actual cost .. ] I FORM 723-25A 5/91 PAGE 3 OF3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their dilly authorized officers, and their official seals hereto affixed, the day and year first above written. B Executive Secretary CITY OF CLEARWATER, FLORIDA BY: #r t<< ~'K/ Eli M. De a, CIty Manager Ap~';~~~~ Approved as to fonn and legal sufficiency: <:7C= --- John Carassas, - Assistant City Attorney Approved as to Fonn, Legality, and Execution STATE OF FLORIDA DEPARTMfNT OF TRANSPORTATION BY ,,4iI~Y~ (Jbd5at/'''-. Assistant Attorney