DUNEDIN CAUSEWAY EAST BRIDGE REPLACEMENT
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JOINT PROJECT AGREEMENT
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FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME:
Dunedin Causeway East Bridge Replacement
PROJECT LIMITS: FROM: Bridge No. 150069
TO:
PROJECT PID NO: 920999
This AGREEMENT,
of ~ 19Z;?,
made
and
entered
into
on the
6!!
day
by
and
between
PINELLAS
COUNTY,
a
political
subdivision of the State of Florida, her.einaft.er called COUNTY, 2.nd CLllARWATER
GAS SYSTEM, a corporation of the St.ate of Florida, hereinafter called COMPANY.
WITNESSETH:
WHEREAS, the COUNTY intends to construct improvements to Dunedin
Causeway East Bridge, Dunedin
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
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WHEREAS, the C]UNTY'S plans for the PROJECT haJe been reviewed by the
COMPANY and the COMPANY has had an opportunity for input into said plans, and,
WHEREAS, the COUNTY and the COMPANY 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 this JOINT PROJECT AGREEMENT for the "utility work"
and, .
WHEREAS, the COMPANY has expressed its desire to assume all
reasonable and necessary costs to be incurred for this "utility work" and has
requested the COUNTY to include in said PROJECT certain plans and
specifications to meet the COMPANY's needs, and,
NOW, THEREFORE, the premises considered, and in consideration of
the sum of One Dollar ($1.00) each to the other in hand paid, the receipt
whereof is hereby acknowledged, and in further consideration of the
mutual covenants hereinafter contained, it is agreed by the parties as
follows:
1. The COMPANY's "utility work" within the limits of the PROJECT, is
more specifically described' as: PiT1PllR~ rmnty C'DlltrRrtor to in~tRll h=ty (?fJ)
oire hm2er inserts. tiE CiQ! will prniriclp 1'111 rmtPriRl~
2. The COMPANY will prepare, at its expense, the design of plans and
specifications for all the COMPANY's necessary "utility work"
described above and will furnish to the COUNTY no later
than Julv 22 19~, complete and reproducible plans on
standard size sheets (24" x 36"), together with a complete set of
specifications covering all construction requirements for the
"utility work". These plans and specifications shall be complete in
every detail and will include a "Summary of Quanti ties" sheet and/or
"Bill of Materials" identifying the items of work, with a "final
estimate of cost," required to accomplish the "utility work", said
estimate to be satisfactory to the COUNTY. . The plans and
specifications.~ shall be signed and sealed by a Registered
Professional Engineer.
3. It will be the responsibility of the COMPANY to coordinate the
development of the "utility work" plans with the COUNTY's plans for
the PROJECT. The COUNTY, upon request by the COMPANY, will furnish
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all available IrOadWay information required b} the COMPANY
coordination and development of the "utility work" plans,
COUNTY shall cooperate fully with the COMPANY to this end.
for the
and the
"
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 not warrant the accuracy of the COUNTY's survey
information. The COMPANY will be responsible for reviewing the
COUNTY's survey information and will be respons ible 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 and/or 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 ~hase of the PROJECT, occurring as the result of unforeseen
circumstances involving the COMPANY's "utility work", shall be
remedied 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 Supplemental 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 objection to the "utility work".
10. The COUNTY shall 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 "utili ty 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 work" option from the contract award.
The COMPANY does not have the right to delay or affect, in any way,
the award of the contract.
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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.
c
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.
ll.
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 reason 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 $ 21ED.CXJ including 5"l. 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
entity against the COUNTY arising out of the participation in this
agreemerit .by the COMPANY, including delay claims arising from the
COMPANY'S performance of its own "utility work", or use by the
COMPANY of the completed "utili ty work", subject to the defenses and
limitations 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 cons ideration for thi s
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indemnificatiol and any other indemnification 10f the COUNTY by the
COMPANY provided within this Agreement, the sufficiency of such
separate consideration being acknowledged by the COMPANY by the
COMPANY'S acceptance and execution of the Agreement.
17. Upon receipt of invoices prepared in accordance with the prOV1Slons
of this agreement, the COMPANY agrees to reimburse the COUNTY in the
amount of such actual cost. The COUNTY will invoice the COMPANY
monthly for all costs incurred under this Agreement as certified by
the COUNTY's inspector, and the COMPANY agrees to pay the COUNTY
within thirty (30) days.
18. Upon completion of the entire PROJECT, the COUNTY shall, within one
hundred eighty (180) days, furnish the COMPANY with two (2) copies of
its final and complete billing of all costs 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 and include all monthly payments to the contractor. The
final billing shall show the description and site of the project, the
date on which 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 and accounts shall be subj ect to audit by a
representative of the COMPANY.
19. Upon completion of the entire PROJECT, the COUNTY shall, wi thin one
hundred eighty (180) days, furnish the COMPANY with one (1) set of
"as built" ("record"), standard size sheet (24" x 36") "utility work"
plans.
20. Upon completion of the entire PROJECT, the COUNTY shall insure that
any warranty, including materials, equipment, workmanship and
closeout documents, by the contractor constructing and/or installing
facilities in accordance with this Agreement, is passed on to the
COMPANY under the same terms and conditions as that warranty applies
to facilities constructed or installed on behalf of the COUNTY.
IN WITNESS WHEREOF, 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 above written.
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JOINT PROJECT AGREEMENT
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FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
ATTEST:
Karleen F. DeBlaker, Clerk
PINELLAS COUNTY, FLORIDA, by
and through its Board of
County Commissioners
h ~-K )1/~ ~
IXl'puty Clerk
BY:
6Jo~
BY:
(Seal)
Countersigned:
BY:
BY:
(Seal)
APPROVED AS TO FORM
ATTEST:
.
BY: (lu-R,4 (2JV.AJ~
' Office
of
County
Attorney
CITY OF CLEARWATER, FLORIDA
R~ta Garvey
Mayor-Commissione
Michael Wright!
City Manager '
Approved as to form and
correctness:
Attes,t: :.~~.
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I
CGS
CITY OF CLEARWATER
Interoffice Correspondence Sheet
TO:
Cynthia Goudeau, City Clerk
d~J1~
FROM:
J. Terry Neenan, Gas Superintendent
COPIES:
File
SUBJECT: DUNEDIN CAUSEWAY EAST BRIDGE REPLACEMENf PROJECf
DATE: October 16, 1992
Attached is an original executed agreement for the above referenced project for your records.
Thank you.
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CITY Cl.I':'(:1"' r~'.
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...
PINELLAS COUNTY, FLORIDA
COMMISSIONEAS
DEPARTMENT OF PUBLI,C WORKS
~ .. . 440 COURT STREET
~ CLEARWATER. FLORIDA 34616
(813) 462.3251
GEORGE GREER. CHAIRMAN
JOHN CHESNUT. ~.JA: - VICE CHAIRMAN
- CHARLES E. RAINEY
'- BARBARA SHEEN TODD.
BRUCE, TYNDALL
, .-, ,
Mr. KellyJ. O'Brien
ClEiarwaterGasSys tern
400 North Myrtle Avenue
Clearwater,.Florida ~34615.
RECEIVED
OCl131992
~ GlearwaterGas System
October 9, 1992
RE: DUNEDIN CAUSEWAY EAST BRIDGE REPLACEMENT PROJECT
Dear Mr. O'Brien:
. Enclosed is an original copy of the. Joint Project Agreement between the
County and Clearwater Gas System, for the referenced project, which has
been executed by the .Board of County. Commissioners.
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Our Project Manager and Utili ties Coordinator will keep you informed as
~this project moves. to the construction ~phase.
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We look ,forward to your participation in this project.
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..~ Sin~erelY,>~. ....... ..........~.....
~e*(Pt~
Jerry C.Herron . ~
Administrati ve Manager.
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Enclosure'
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"PinellasCoonty is
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Employe~'..Member.PineilasPartnership fora Drug Free Workpiace\,,1