JOINT PROJECT AGREEMENT FOR UTILITIES FOR KEENE ROAD #89009
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JOINl' ~ ~ FtlR
11l'ILI'lY ~ BY HIQIIIAY aBIRllCllR
axJNlY llO!ID ID.:
1
IWIE:
Keene Road
Virginia street to San Olristopher Road
LIMITS:
<DlIRACl' ID.:
89009
'IHIS AGREEMENl',
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nade and entered into on the:<'1 day of
,
1990, by and betweeri PINELlAS <nJNI'Y, a political
,
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subdivision of the state of
Florida, hereinafter called <nJNI'Y, and the CITY OF <::IEAIMATER, a municipal
oorporation of the state of Florida, hereinafter called CITY.
WI'INESSEIH:
WHERFJ\S, the <nJNI'Y is constructing, reconstructing or othe=ise changing a
portion of the O:llmty Highway System designated by the <nJNI'Y as County Road No.1,
Keene Road, between Virginia street and San Olristopher Road, Dunedin, hereafter
referred to as the PInJECI', which shall call for the adjustment, relcx:ation and/or
installation of the City of Clearwater utilities facilities along, over and/or under
said highway, and,
WHERFJ\S, the plans for the said construction, reconstruction or other changes
to be made, as above described, have been reviewed by the CITY and the CITY has had
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an opportunity for input into said plans and, whereas, above-described utility
activities are to hereinafter be designated as ''Utility Work", and,
WHERFJ\S, 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 CI'lY has expressej its desire to assume all reasonable an1
necessary costs to be incurred for this ''Utility Work" and has requested the
OJUNTY to include in said PInJECI' certain plans an1 specifications to meet the
CITY'S needs, and,
WHEREAS, the cnmrY and the CI'lY have determined that it would be to the
best interest of the general public and to the ecol'lClllic advantage of both
parties to enter into a JOINT PROJECI' for such work,
NCM, 'lliliI<uuRlo:, the premises =nsidered, am in =nsideration of the sum
of One Dollar ($1.00) each to the other in hand paid, the receipt whereof is
hereby acknowledged, 'and in further =nsideration of the mutual =nvenants
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hereinafter contained, it is agreed by the parties as follows:
1. The cnmrY and the CITY shall participate to create a JOINT PInJECI', the
scope of which is to include the CITY'S utility work within the limits of the
PROJECI' as included in the plans and estimate of the PInJECI', more
specifically described as Pinellas County Contractor install 2" Gas Main, the
CI'lY will provide inspection am naterials.
2. The CI'lY will prepare, at its expense, the design and plans for all the
CITY'S necessary ''Utility Work" specified above, and will funrish to the
OJUNTY no later than December 1, 1989, =mplete original plans on starrlard
size sheets (22" x 36"), all suitable for reproduction by the CXXJNI'Y, together
with a =mplete set of specifications =vering all =nstnIction requ:irenents
for the ''Utility Work". Final ''Utility Work" plans shall be OCIIplete in every
detail and will include a "SUmmary of Quantities" sheet. It will be the
responsibility of the CI'lYto coordinate the developrent of the ''Utility Work"
plans with the cnmrY'S highway job plans. The cnmrY, upon request by the
CITY, will furnish all available highway infonnation required by the CI'lY for
the development of the "Utility Work" plans; am the CXlUN'IY shall cooperate
fully with the CI'lY to. this end.
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3. All of the work ori the JOINT PROJECI' is to be done aooording to the plans
and specifications of' the CXlUN'IY, which plans and specifications are, by
reference hereto, made a part hereof. The CI'lY will be responsible for
verifying the accura:cy of the CXlUN'IY' S underground survey infonnation, and
will also be responsible for any changes to the CI'lY'S plans nade necessary by
errors or omissions in thE! cnmrY' S survey infonnation as funrished to the
CI'lY. All errors, omissions, or changes in the design of the CITY'S ''Utility
Work" will be the sole responsibility of the CI'lY. In any c:xmflict between
the CI'lY and CXlUN'IY plans or specifications, the cnmrY'S plans or
specifications will govern.
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4. !he CITY, on request am at its expense, will furnish all en:Jineering
inspection, testing am supervision of the "utility Work", an::! will also
furnish the <XXlNIY'S ENGINEER with progress reports for diary records,
approved am accepted quantities and amounts for weekly, IOOI1thly am final pay
estimates. All field survey =ntrol for the ''Utility Work" will be furnished
by the CXJUNI'Y urxier the supervision of the <XXJNI'Y'S ENGINEER. '!he
coordination of the CITY'S "utility Work" with that of the highway contractor
am other utilities and/or their contractors will be the responsibility of the
<XXlNIY, and the CITY shall cooperate fully in this matter. All information
required for Change Orders or Supplemental Agreements pertaining to the CITY'S
''Utility Work" shall be prorrptly furnished to the <XXJNI'Y by the CITY upon the
request of the <XXlNIY.
5. '!he <XXlNIY will provide the nece<?sary en:Jineering inspection to detennine
if construction is generally in carrplianoe with the plans and specifications
hereinabove referred to, am shall receive all bids for am let all contracts
for said "utility Work". All bids for said "utility Work" shall be taken into
consideration in the award of bid on the PROJECI' and the CITY shall have the
right to reject any 9r all bids on the ''Utility Work". In the event of
rejection of bids for the ''Utility Work", the POOJECI' contract dOCl.lll\E!l1tB will
be so amended prior to award am the CITY will, at its expense, arrange for
the prompt construction of the "utility Work" so as to cause no delay to the
prosecution of the PROJECI' work by the 0JUNlY I S contractor.
6. All adjusbnent, relocations, repairs and incidentals required to be
perfonned to the existing CITY utilities within this PROJECI', not included in
this contract, will be the sole responsibility of the CITY. All such work is
to be coordinated with the construction of this ,PROJECI' am in a manner that
will not cause delay to the PROJECI' contractor.
7. All services am work urxier the construction contract shall be perfonned
to the satisfaction of the axJNTY' S Director of Public Works, and he shall
decide all questions, difficulties and disputes of whatever nature, which may
arise urxier or by reason of such contract for ''Utility Work"; the prosecution
and fulfillment of the services thereurxier, am the character, quality, amount
and value thereof; am his decision upon all claims, questions am disputes
thereurxier shall be final and conclusive upon the parties hereto.
8. !he CITY hereby certifies that a total project oost of $20,358.05 (which
includes 8% for construction, en:Jineering and inspection) has been approved by
the CITY <XMIIISSION, and that funds have been appropriated am are available
for payment. ~ payments will be made to the 0JUNlY by CITY check
within ten (10) days iof receipt of a County invoice detailing the payment
request .
9. Upon completion and acceptance of the work, which will be detennined
jointly by the <XXlNIY and the CITY, the CITY shall own, control, maintain, and
be responsible for all CITY utility facilities involved, aCXXlrding to the
terms of the standard permit required by the state statutes for occupancy of
public rights-of-way. !he 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.
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10. The CITl1 shall defend, save ard hold hannless the caJNl'Y fran any ard all
leqal actions, clailns or demands by any person or legal entity against the
caJNl'Y arising out of the participation in this ~u=llBllt by the CITl1 or use
by the CITl1 of the cc:rrpleted ''Utility Work", except for actions, claims or
demands resulting fran the negligence of the caJNl'Y, its agents or enployees.
This para~ shall not be deemed a waiver by the CITY of any defense or
limitation available to the CITY pursuant to Section 768.28 Florida statutes,
as the same may be amended fran time to time.
11. Upon OCIllpletion of the work, the CXmIty shall, within one hW1dred eighty
(180) days, furnish the CITY with two (2) copies of its final ard complete
billing of all costs incurred in =nnection with the work perfonned hereunder,
such statement to follow as closely as possible the order of the items
contained in the job estilnate. '!he final billing shall show the description
ard site of the project; the date on whidJ. the first work was perfonned; the
date on whidJ. the earliest item of billed expense was incurred; the date on
which the last work was perfonned or the last item of billed expense was
incurred; and the location where the records and accounts bill can be audited.
1\dequate reference shall be made in the billing to the County's records,
acoounts or other relevant documents. All cost recoJ.Us and aocounts shall be
subject to audit by a representative of the CITY. Upon receipt of invoives
prepared in aooordanoe with the provisions of this 1\greement, the CITY agrees
to reimburse the caJNl'Y in the amount of such actual cost. '!he cnJNTY will
invoioe the CITY monthly for all costs incurred under this 1\greement, and the
CITY agrees to pay the cnJNTY within ten (10) workirg days.
12. The cost of relocation of CITY utilities within easements dedicated prior
to existing cnJNTY rights-of-way shall be borne by the cnJNTY.
13. If the County does not begin construction of the PROJECT within three (3)
years from date of execution of this Ag:teewent, the same shall beoome null and
void.
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IN wrn~ WHERFDF, 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 Bbove written.
CITY OF CI.FARWATER, a municipal
corporation of the state of
Florida
PINELIllS OXJNI'Y, a political
subdivision of the state of
Florida
By:
~?L-tft
Ron H. Rabun
Date
By'~~
A'ITEST:
By: Cl~' ',. Z' )de Q~o
city Clerk (Seal)
CynthiaE. Goudeau
ATI'ESI':
Karleen F. De Blaker, Clerk
By: A --I: JU'
/' Deputy Clerk
(Seal)
Countersigned:
APPROVED AS 'ro FORM:
Mayor-commissioner
Rita Garvey
By:~~ l1W~Thf
ty Attorney
By:
Approved as to form am correctness:
By:
...AM-
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
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FROM:
Robert M. Brumback, APWD/utilities
COPIES:
Listed Below
SUBJECT: City/County Joint project Agreement
DATE: May 17, 1990
Enclosed herewith for your files is the executed
original document of the Joint Project Agreement
between the City and County.
The agreement provides for the County to install gas
main as part of their construction of Keene Road (CR 1)
from Virginia street to San Christopher.
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cc: Charles A. Hunsicker, Assistant City Manager-Operations
William C. Baker, Director of Public Works
Betty Deptula, Administrative Services Director
Daniel J. Deignan, Asst. Director-DOAS/Finance
Barbara J. Weston, Asst. City Treasurer
Paul Nystrom, Utilities Finance Controller
Terry Neenan, Gas Superintendent
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