89-22
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RESOLUTION NO. 89-22
A RESOLUTION OF THE CITY COffllsSION OF THE CITY OF
CLEARWATER, FLORIDA, APPROVING A UTILITY JOINT PROJECT
AGREEMENT BETWEEN THE CITY AND PINElLAS COUNTY RELATING
TO CITY UTILITY FACILITIES AT THE INTERSECTION OF COUNTY
ROAD 611 (McMULLEN-BOOTH ROAD) AND STATE ROAD 584 (TAMPA
ROAD); PROVIDING AN EFFECTIVE DATE.
WHEREAS, Pinellas County is constructing, reconstructing or otherwise
chang'ing that portion of the county highway system designated byPinellas County
as County Road 611, Interchange at McMullen-Booth Road and Tampa Road, which
shall call for the adjustment, relocation and/or installation of City of
Clearwater utility facilities over and/or under said highway; and
WHEREAS, the City has heretofore authorized the preparation of plans and
specifications for such adjustment of City utility facilities; and
WHEREAS, the plans and specifications will be made as part of the County's
highway construction contract: 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 Pinellas
County for construction modifications as part of the County project, as noted
above, is hereby approved in the form attached hereto as Exhibit A, and the City
assumes all costs reasonably and necessarily incurred in such utility,
modifications, which costs 'are estimated to be $146,015.78.
Section 2. Th~s resolution shall take effect immediately upon adoption.
, PASSED AND ADOPTED this 4th day of May,
Attest:
a arvey
Mayor-Commissioner
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'Jomr FroJF.X::l' AGREEMF.Nl' FOR
t7l'lLI'l.Y IN.'S'mIlAT.ICE IN. HIGlIWAY CXtlIRACI.tR
axJN'lY Rli\D 00.:
611
lmME:
Inte.rchan;e
AT: McMullen Booth and Tanpa Road
2569
LnO.'IS:.
CI:NlRAcr 00.:
'!HIS AGREE>fENI', made and entered into on the _day of
, 1989, by and between PINELtAS CXXJNlY, a political subdivision of the state of
Flo:r:ida, ,hereinaft:erca1led roMI"i, an:l the CITY OF c:::IEARWATER, a municipal
corporation of the state of Florida, hereinafter called em.
WI'lNESSEIH:
WHEREAS, the CXl.JlillY is constructing, reconstructing' or otherwise
changing a portion of the CoW1ty Highway system designated by the CXXJNl'Y as
County Road No. 611 r !nte.rchan;e at McMullen B:Joth and Tampa Road, between
Tarpon Springs and Clear:water, hereafter referred to as the PROJECl', which
shall call for the adjustJnent, relocation and/or installation of the City of
Cleazwate:r utilities facilities along, over and! or urrler said highway I and,
WHEREAS, the plans for the said construction, reconstruction or other
changes to be made, as above described, have been reviewed by the CITY and the
.
~:has had an opportunity for input into said plans and, whereas, above-
described utility activities are to hereinafter be designated as "utility
. Work" , and,
. WHE:REAS, the term "cost of Utility Work" shall include the entire amount
to be paid by the CITY for such utility work, as provided herein, and,
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WHEREAS, the erN has expressed its desire to assume all reasonable arxi
necessaty costs to be incurred for this "utility Work" an:l has requested the
00UNl"i to include in said FRO.JEcr' certain plans and specifications to meet the
~IS needs, ard,
WHEREAS, the o:xJNr.l and the em have determined that it would be to the
best interest of the general public an::} to the economic advantage of both
parties to enter into a JOm!' PROJEcr for such work,
NCM, 'lHEREFORE, the premises considered., and in consideration of the stnn
of one D:,llar ($1.00) each to the other in hand paid, the receipt whereof is
. hereby acKnCMledged, and in further consideration of the mutual convenants
hereinafter contained, it is agreed by the parties as follows:
1. '!he COUNI'Y. arid the CITY shall participate to create a JOINI' P.R!)JEC1I, the
scope of which is to inclUde the CITY'S utility work within the limits of the
PROJECT as include:l in the plans and estimate of the PROJECr, more
specifically described as Pinellas County Cont!'act.or install 2" and 411 Gas
Main , the CITY will provide inspection ani lnaterials.
2. '!he CIT'i will prepare, at its expense, 'the design and plans for all the
C:r:ff'S necessary Ilutility Work" specifioo above, and will furnish to the
cx:xJNT'i no later than February 27 r 1989, complete original plans on standard
size sheets (22" x 36"), all suitable for rep...-cduction by the a:>uNl'!l, together
with a CClIlplete set of specifications covering all construction requirements
for the "Utility Work". Final "utility Work" plans shall be conq:>lete in every
detail and will include a "S\.Inll'I\al:Y of Quantities" sheet. It will be the
responsibility of the CITY to coordinate the development of the l1utility Work"
plans with the CXXJN1'YIS highway job plans. lJ:he a:::lUNlY, upon request by the
CITY, will fw:ni.sh all available highway infonnation required by the CITY for
the development of the "Utility Work" plans; and the Cl)l.Jl'ffl shall cooperate
fuJ.ly with the CITY to this en::l.
3. All. of the work on the JOINr P.ROJECl' is to be done accordi.ng to the plans
and specifications of the o:xJNlY, which plans and specifications are, by
reference hereto, made a part hereof. '!he CITY will be responsible for
verify.ing the accuracy of the c:xxJNTY I S underground survey infot1Tlation, and
will also be responsible for any changes to the CITY' 5 plans made necessary by
errors or omissions in the o::xJNI"i ' S sw:vey infot'J\'a.tion as furnished to the
c:J:'N. All errors, omissions, or changes in the design of the CIT'i'S "Utility
Work" will be the sole responsibility of the cm. In any conflict between
the CITY and ~ plans or specifications, the COUNTY'S plans or
specifications will govern.
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10. '!be CI'IY shall defen::l, save an:! hold hamless the o::xJNIY from any and all
legal actions, claims or demards by any pe:r:son or legal entity against the
o:::tINfi arising out of the participation in this agreement by the crrY. or use
I by the C!I!r'l of the carpleted "utility Work", except for actions, claims or
de1nands resUlting from the negligence of the a:xJNl"i, its agents or enployees.
'Ibis paragraph shall not be deemed a waiver by the CIT'i of anyd efense or
limitation ',available to the ClTi! pursuant to Section 768.28 Florida statutes,
as the same may be a.rnerrled from time to tire.
11. Upon conpletion of the work, the County shall, within one hudnred eighty
(180) days, furnish the CI'lY with two (2) copies of its final and conplete
billing of all costs incurred in connection with the work perfonned hereurxier,
,Such 'statement to follew as closely as possible the order of the items
contained in the job estilrate. '!he 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 of billed expense was incurred; the date on
whidl the last work was performed or the last item of billed expense was
., incurred; and the location where the records and accounts bill can be audited.
Adequate reference shall be made in the billing to the County's records,
accounts or other relevant documents. All cost records ani accounts shall be
subject to audit by a representative of the ClT'{. Upon receipt of invoives
prepared in accordance with the provisions of this Agreement, the CI!I!'i agrees
to reunl:J'Jrse the o::xJNlY in the anount of such actual cost. '!be ~ will
invoice the CI'l'Y tronthly for all costs incurred urxler this Agreement, and the
CITY agrees to pay the o::xJNTY within ten (10) working days.
12. '!he cost of relocation of cr:N utilities within easements dedicated. prior
to existing c:otJNTY rights-of-way shall be bome by the ~.
13. If the OJunty does not begin construction of the PROJECT within three (3)
years from date of execution of this Agreement, the same shall become null and
'void. .
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IN wrnmss WHEREOF, the parties hereto have caused these presents to be
executed by their duly-authorized officers, an::1 their officials' seals hereto
. affixed, the day and year first above written.
CI'I'Y OF ~, a municipal
corporation of the state of
Florida
PINELIAS CXXJNlY, a political
sulxlivision of the state of
Florida
By: ay:
City Manager Date
ATI'EST: ATl'ESI':
I Karleen F. De Blaker, Clerk
By: By:
city Clerk (Seal) Deputy Clerk (seal)
cOuntersigned: APPROVED AS rro FORM:
By:
By:
Mayor-convnissioner
eounty Attorney
Approved as to fom and correctness:
, By:
Ci.ty Attorney
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,RESOLUTION #89-23
NOT PASSED
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