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JOINT PROJECT AGREEMENT - (JPA)/PINELLAS COUNTY EAST BAY/BELCHER INTERSECTION - UTILITY INSTALLATION BY ROADWAY CONTRACTOR -. ~'"" "~- :~' ---'.. -.. " "1. I - .. . r ...;, JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: East Bay Drive CS.R. 686) & Belcher Road PROJECT LIMITS: lmXlH:: Intersection improvements TO: NA PRO,TECT PID No: 1141 Contract # 2244 This AGREEMENT, made and entered into on the /,; e day of .::;~ ' 199{ by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter called COUNTY, and The City of Clearwater, a corporation of the State of Florida, hereinafter called COMPANY. WITNESSETH: hereinafter referred to as the PROJECT, which shall call for the adjustment, relocation, and/or installation of the COMPANY's utility facilities along, over and/or under the PROJECT, and WHEREAS, the above described utility activities are to hereinafter be designated as "utility work'" and PWETWM:l3 Page 1 of 6 05-28-92 rYl,' ;L~ O!/i_--"'ll/// ~'I ..-,) '" / "".--: "".'.'f ---" G/ l/- . 1/ / " ../ (;q'l ",-_J I , . - '~'-.. ... ,'.,.' ....,.. I WHEREAS, the COUNTY's plans fo~ the PROJECT have been ~eviewed by the COMPANY and the COMPANY has had an oppo~tunity fo~ input into said plans, and, WHEREAS, the COUNTY and the COMPANY have dete~mined that it would be to the best inte~est of thegene~al public and to the econ~mic advantage of both pa~ties to ellte~ into this JOINT PROJECT AGREEMENT fo~ the "utility work" and, WHEREAS, the COMPANY has exp~essed its desi~e to assume all reasonable and necessary costs to be incur~ed fo~ this .utility wo~k" and has requested the COUNTY to include in said PROJECT ce~tain plans and specifications to meet the COMPANY's needs, and, NOW, THEREFORE, the premises considered,. and in conside~ation of the sum of One Dollu ($1.00) each to the othe~ in hand paid, the ~eceipt whereof is hereby acknowledged, and in furthe~ conside~ation of the mutual covenants he~einafte~ contained, it is ag~eed by the parties as follows: 1. The COMPANY's "utility work" within the limits of the PROJECT, is more specifically 'desc~ibed as: installing 2", 4" and 8" natural gas mains within the project limits 2. The COMPANY will p~epa~e, at its expense, the design of plans and specifications fo~ all the COMPANY's necessary "utility wo~k" desc~ibed above - and will furnish to the COUNTY no later than 12/11 19 ~ complete and rep~oducible plans on standa~d size sheets (24" x 36"), together with a complete set of specifications cove~ing all const~uction ~equi~ements for the "utili ty work". These plans and specifications shall be complete in every detail and will include a "Summary of Quantities" sheet and/or "Bill of Matedals" identifying the (.tems of wo~k, with a "final estimate of cost," required to accomplish the "utility work", said estimate to be satisfacto~y to the COUNTY. "'. 3. It will be the responsibility of the COMPANY to co6rdlnate the development of the "utility work" plans with the COUNTY's plans fo~ the PROJECT. The COUNTY, upon request by the COMPANY, will furnish PWETWIl: 13 Page 2 of 6 05-28-92 ,. " ..... I . ~~- ',. all available roadway information required by the COMPANY for the coordination and development of the "utility work" plans, and the COUNTY shall cooperate fully with the COMPANY to this end. 4. The COMPANY shall obtain all necessary permits for construction of the utility work, including the Pinellas County's "Right-of -Way Utilization Permit", and provide a copy of the same to the COUNTY so .as not to affect the construction of the PROJECT. 5. The COUNTY does nuL warrant the accuracy of the COUNTY's survey information. The COMPANY will be responsible for reyiewing the COUNTY's survey information and will be responsible for any changes to the COMPANY's plans made necessary by errors and omissions in the COUNTY's survey information. 6. All survey for construction of the "utility work" will be furnished. by the COUNTY under the direction of the COUNTY's ENGINEER. 7. The coordination of the COMPANY's "utility work" with that of the roadway contractor and other utili ties andlor their contractors will be the responsibility. of the COUNTY. The COMPANY shall cooperate fully in this matter to ensure that any delays in the construction of any phase of the PROJECT, occurring as the result of unforeseen circumstances involving the COMPANY's "utility work", shall be remedi~d immediately with the full force and power available to the COMPANY. 8. . All of the work, pursuant to this JOINT PROJECT, is to be done in substantial accordance with the plans and specifications of the COMPANY (if any) which plans and specifications are, by reference hereto, made a part hereof. All information. required for field changes, change. orders .or Supplementa:;' Agreements pertaining to the COMPANY's "utility work" shall be promptly furnished to the COUNTY. 9. The COMPANY will provide the necessary construction and engineering inspection of the COMPANY's utility work to determine if construction is generally in compliance with the plans and specifications. The COMPANY's inspector shall immediately notify the COUNTY inspector of any obj ection to the "utility work". 10. The COUNTY shan be responsible for the bidding and award of the Construction Contract and shall include the "utility work" as a separate option item in its bidding document. After the COUNTY receives, opens, and evaluates the bids, the Director of Public Works shall notify the COMPANY, in writing, of the COUNTY's intent to award the contract to the low bidder. This notification shall include the amount for the "utility work" option. The COMPANY shall have five (5) days from receipt of the COUNTY's notification to request, in writing, that the COUNTY delete this option, and to notify the COUNTY of the COMPANY's intent to perform the "utility work" with the COMPANY's own forces or its own contractor. In order. not to delay the construction of this project, the COMPANY must show...that it is ready and able to perform all "utility work" prior to requesting that the COUNTY delete the "utility worlt" option from the contract award. The COMPANY does not have the right to delay or affect, in any way, the award of the contract. PWETWH:13 Page 3 of 6 05-28-92 ,'-',-..-\ o-i. '..'. I I In the event the COMPANY, in performing the "utility work", causes a delay to the COUNTY's construction of this project, the COMPANY agrees to pay all claims and costs incurred due to the delay. In the event the COUNTY, for any reason, decides either not to proceed with the PROJECT or halts construction of the PROJECT, the COUNTY will not be responsible for any "utility work" not completed. 11. The COMPANY shall pre-construction coordination. participate in the design, utility and other meetings as necessary coordination, for PROJECT 12. All adjustment, relocations, repairs, maintenance, and incidentals required to be performed to the COMPANY's existing utilities within this PROJECT, not included in the "utility work" will be the sole responsibility of the COMPANY. All such work is to be coordinated with the construction of this PROJECT and in a manner that will not cause delay to the COUNTY's PROJECT contractor. 13. The COMPANY's comments and suggestions are invited and will be considered by the COUNTY; however, all services and work under the construction contract shall be performed to the satisfaction of the COUNTY's Director of Public Works, and he shall decide all questions, difficulties and. disputes of whatever nature which may arise under or by rea~on 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. 14. The COMPANY hereby certifies that funding for the preliminary estimated "utility work" cost of $ 62,808.29. including 5'1. for construction/contract administration has been appropriated and is available for payment (attached to this agreement as Exhibit "A".) In the event the actual cost exceeds the final estimate of cost, the COMPANY shall reimburse the COUNTY for such actual cost. 15. Upon completion of the entire PROJECT, which will be determined jointly by the COUNTY and the COMPANY, the COMPANY shall own, control, maintain and be responsible for all COMPANY utility facilities involved according to the terms of the Pinellas County Right-of-Way Utilization Permit as attached as Exhibit B. The COMPANY 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. 16. The COMPANY shall defend, save and hold harmless the COUNTY from any and all legal actions. claims or demands by any person or legal enti ty against the COUNTY arising out of the participation in this agreement by the COMPANY, including delay claims ads ing from the COMPANY'S performance of its own "utility work", or use by the COMPANY of the completed "utility work", subject to the defenses and limi tat ions available to the COMPANY pursuant to Section 768.28, Florida Statutes, as the same may be amended from time to time. The COMPANY and the COUNTY agree that the COUNTY will pay Ten and 00/100 Dollars ($10.00) to the COMPANY as separate consideration for this PWETWM:13 Page 4 of 6 05-28-92 ", l' '" .' . , ,~ F . ..~ '" 17. 18. 19. 20. I I indemnificatian and any ather indemnificatian .of the COUNTY by the COMPANY pravided within this Agreement, the sufficiency .of such separate cansideratian being acknawledged by the COMPANY by the COMPANY'S acceptance and executian .of the Agreement. Upan receipt .of invaices prepared in accardance with the praV1Slans of this agreement, the COMPANY agrees to reimburse the COUNTY in the amount .of such actual cast. The COUNTY will invaice the COMPANY manthly far all casts incurred under this Agreement as certified by the COUNTY' s inspectar, and the COMPANY agrees ta pay the COUNTY within thirty (30) days. Upan campletian .of the entire PROJECT, the COUNTY shall, wi thin .one hundred eighty (180) days, furnish the COMPANY with twa (2) capies .of its final and camplete billing .of all casts incurred in cannection with the wark perfarmed hereunder, such statement ta follaw as clasely as passible the .order .of the items cantained in the jab estimate and include all manthly payments ta the cantractar. The final billing shall shaw the description and site .of the praject, the date an whi.ch the last wark was perfarmed .or the last it.em .of billed expense was incurred, and the lacatian where the rec.ords and accounts bill can be audited. Adequate reference shall be made in the billing ta the COUNTY's recards, accaunts .or ather relevant dacuments. All cast recards and accaunts shall be subject ta audit by a represeptative .of the COMPANY. Up an campletian .of the entire PROJECT, the COUNTY shall, within one hundred eighty (180) days, furnish the COMPANY with .one (1) set .of lias built" ('Irecordll) t standard size sheet "(2411 x 3611) "utility workU plans. Upan campletian .of the entire PROJECT, the. COUNTY shall insure that any warranty, including materials, equipment, warkmanship and claseaut dacuments, by the cantractar canstructing and/ar in~talling facHi ties in accardance with this Agreement, is passed an ta the COMPANY under the same terms and canditians as that warranty applies ta facilities canstructed .or installed an behalf .of the COUNTY. be executed by their duly autharized .officers and their .officials' seals IN WITNESS WHEREOF, the parties hereta have caused these presents ta hereta affixed, the day and year first abave written. PWETWH: 13 Page 5 .of 6 05-28-92. ". .,i ~~-; ~. . t ~ '. I I . JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR ATTEST: Karleen F. DeBlaker, Clerk PINELLAS COUNTY, FLORIDA, by ana through its Board of County Commissioners BY: 9/~/ Deputy Clerk P/l~~Z- (Seal) BY:~.~ CHAIRMAH' Countersigned: BY: BY: (Seal) APPROVED AS TO FORM ATTEST: BY: (!L.u..,8, ~j.JA.~tll Office of County Attorney 7!fOO' CITY OF CLEARWATER, FWRIDA ~w~ City Manager Rita Garvey Mayor-Commissioner Approved as to form and .correc tness: Attest: .Q. ~ M.A. Galbralth, Jt. City Attorney I PWEIWH: 13 Page 6 of 6 05-28-92 IAWION CUILt:S GOVERJIIOR OF lrRANSPORTATION ~ .... . .FLORIDA 605 Suwannee Street. Tallahassee, Florida .)2399-04-50 11201 N. McKinley Drive, MIS 7-820 Tampa, Florida 33612 (813) 975-6040 May 11, 1993 BEN G. WATTS SECRETARY City of Clearwater Gas Mr. James Lewin 400 N. Myrtle Clearwater, FL 34615 SECTION: 15030-3524 SR: 686 PARCEL: 1 WPI NO: 7116975 COUNTY: PINELLAS JPA NO.: 15030-6524 RECEIVED MAY 1 2 1993 Clearwater Gas System Dear Mr. Lewin, We are enclosing your copy of the executed Joint Project Agreement for utility installation by the Highway Contractor. Thank you for your cooperation in this phase of the negotiation, and we will be keeping you abreast as the remaining phases take place. If you have any questions regarding this project, don't hesitate to call me. Respectfully, Steven J. Tidwell District Utility Engineer U;(~ By: Bob L. Clemens Assistant Utility Engineer form#16 Enclosure xc: M.L. Irwin, District Construction Engineer 1. V. Moulton, Sr., Resident Construction Engineer Anne Sullivan, Comptrollers Office