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ALDERMAN ROAD PHASE III FROM ROLLING WOODS TO BELCHER ROAD CONTRACT #2563-B(COPY) !' -- ~ J I JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: ALDERMAN ROAD PHASE III PROJECT LIMITS: FROM: ROLLING WOODS TO: BELCHER ROAD PROJECT PID No.: 921627 CONTRACT #2563-B This AGREEMENT, made and entered into on the day of , 1993, by and between PINELLAS COUNTY, a pOlitical subdivision of the State of Florida, hereinafter called COUNTY, and The City of Clearwater, a Municipality of the State of Florida, hereinafter called The city. WITNESSETH: WHEREAS, the COUNTY intends to construct improvements to ALDERMAN ROAD hereinafter referred to as the PROJECT, which shall call for the adjustment, relocation, and/or installation, of the CITY'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: 13 Page 1 of 6 05-28-92 ee/~ R~ I I WHEREAS, the COUNTY's plans for the PROJECT have been reviewed by the CITY and the CITY has had an opportunity for input into said plans, and, WHEREAS, the COUNTY and the CITY has 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 CITY 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 CITY'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 CITY's "utility work" within the limits of the PROJECT, is more specifically described as: installina 4" natural cas main alono Alderman Road. 24 The City will prepare, at its expense, the design of plans and specifications for all the CITY's necessary "utility work" described above and will furnish to the COUNTY not later than Sect. 30 , 19,2,L, complete and reproducible plans on standard size sheet (24" x 36"), together with a complete set of specifications covering all -_construction requirements for the "utility work". These plans and cspecifications shall be complete in every detail and will include a "Sununary of Quantities" sheets 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 the satisfactory to the COUNTY. 3. It will be the responsibility of the CITY to coordinate development of the "utility work" plans with the COUNTY's plans the PROJECT. The COUNTY, upon request by the CITY, will furnish available roadway information required by the CITY for coordination and development of the "utility work" plans, and COUNTY shall cooperate fully with the CITY to this end. the for all the the PWETWM: 13 Page 2 of 6 05-28-92 " I I 4. The CITY 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 COUNT!' s, survey information. The CITY will be responsible for rev~ew~ng the COUNTY's survey information and will responsible for any changes to the CITY'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 CITY's "utility work" with that of the roadway contractor and other utilities and/or their contractors will be the responsibility of the COUNTY. The CITY 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 CITY' s "utility work" f shall be remedied immediately with the full force 'and power available to the CITY. 8. All of the work, pursuant to this JOINT PROJECT, is to be done in substantial accordance with the plans and specifications of the CITY (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 CITY's "utility work" shall be promptly furniehed to the COUNTY. 94 The CITY will provide the necessary construction and engineering inspection of the CITY's utility work to determine if construction is generally in compliance with the plans and specifications. The CITY'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 Dir.ector of Public Works shall notify the CITY, 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" option4 The CITY 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 CITY's intent to perform the "utility work" with the CITY'S own forces or its own contractor. In order not to delay the construction of this project, the CITY 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 awa~d4:-_, The CITY does not have the right to delay or affect, in any way-the award of the contract. In the event the CITY, in performing the "utility work", causes a delay to the COUNTY's construction of this project, the CITY agrees to pay all claims and cost 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. PWETWM: 13 Page 3 of 6 05-28-92 " I I 11. The CITY shall construction coordination. participate in the design, utility coordination, pre- and other meetings as necessary for PROJECT 12. All adjustment, relocations, repairs, maintenance, and incidentals required to be performed to the CITY's existing utilities within this PROJECT, not included in the "utility work" will be the sole responsibility of the CITY. All such work is to be coordinated with th'!ll constructior.. cf thi~ .PROJECT a~d in 2.. rnan~er th2.t, \;ill not C'a.use delay to the COUNTY's PROJECT contractor. 13. The CITY'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, question and disputes thereunder- _ shall be final and conclusive upon the parties hereto. 14. The CITY hereby certifies that funding for the preliminary estimated "utility work" cost of S 30,000.00 , including 5% for construction/contract administration has been appropriated and is available for payment (attached to this agreement as Exhibit IlA". In the event the actual cost exceeds the final estimate of costs, the CITY 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 CITY, the CITY shall own, control, maintain and be responsible for all CITY utility facilities involved according to the terms of the Pinellas County Right-of Way Utilization Permit attached as Exhibit B. 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. 16. The CITY 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 agreement by the CITY, including delay claims arising from the CITY's performance of its own "utility work", or use by the City of the completed "utility work", subject to the defenses and limitations available to the CITY pursuant to Section 768.28, Florida Statutes, as the same may be amended from time to time. The CITY and the COUNTY agree the COUNTY will pay Ten and 00/100 Dollars ($10.00) to the CITY as separate consideration for this indemnification and any other indemnification of the COUNTY by the CITY provided within this Agreement, the sufficiency of such separate'consideration being acknowledged by the CITY by the CITY's acceptance and execution of the Agreement. 17. Upon receipt of invoices prepared in accordance with the provisions of this agreement, the CITY agrees to reimburse the COUNTY in the amount of such actual cost. The COUNTY will invoice the CITY monthly for all costs incurred under this Agreement as certified by the COUNTY's inspector, and the CITY agrees to pay the COUNTY within thirty (30) days. 18. Upon completion of the entire PROJECT, the ~OUNTY shall within one hundred eighty (180) days, furnish the CITY with two (2) copies of its final and complete billing of all cost incurred in connection PWETWM: 13 Page 4 of 6 05-28-92 I I with the work performed hereunder I 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 IS records, accounts or other relevant doc1~rn'?!1t.<;., ~ll CC"l~t !"e.r.orns r .=i:r'ld_ ar.:CQunt-s !'Sha 1 J. be ~ubj ect to alld:i.t by a representative of the CITY. 19. Upon completion of the entire PROJECT, the COUNTY shall, within one hundred eighty (180) days, furnish the CITY 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 CITY 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's seals hereto affixed the day and year first above written. PWETWM: 13 Page 5 of 6 05-28-92 I I JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR ATTEST: Karleen F. DeBlaker, Clerk PINELLAS COUNTY, FLORIDA, through its Board of commissioners by and County BY: BY: Deputy Clerk (Seal) countersigned: BY: BY: (Seal) APPROVED AS TO FORM ATTEST: BY: Office of County Attorney CITY OF CLEARWATER, FLORIDA ~ Rita Garvey Mayor-Commissioner _ Approved as to form and correctness: Attest: '~/~ M.A Galbraith1Jr.j city Attorney ~ Y~c. /~ hia E. Goude~u, city C12rk city '. PWETWM: 1.3 Page 6 of 6 05-28-92 J I /1111111/".......- i' '::.\~lo""C--"'- "L:.l...~:0'- \':'- ,...,....... ~\i:i ''.r.\~'.~ .' ~ 1 ~("") -- ~~')~ ~~ ,,..- . ~ -~.... c::" ~f1"\~--=..:--~~' .....~ ..._--- ~\' "-~ ~ - <::.::,""',,' ~'Ij;" TEn ~""" -_" f\. II)f --.-""",/1,1 C I T Y OF CLEARWATER POST OFFICE BOX 4748 C LEA R W ATE R, F LOR I D A 3 4 6 1 B ~ 4 7 , B Ollice of Finance Oireclor 462-6930 July 9, 1993 Mr. Robert C. Janowski, utility Coordinator pine lIas County Department of Public Works 440 Court street Clearwater, Florida 34616 Dear Mr. Janowski: This letter is being written at the request of the Gas Superintendent in connection with the proposed Alderman Road project. Please be advised that adequate funds are available in the current budget to cover the proposed cost of $30,000.00. Upon City Commission approval of the proposed contract, these funds will be encumbered and will be used only to reimburse the County in accordance with the contract. Reimbursement will be made promptly following receipt of a County invoice approved by the Gas Superintendent. If you require further clarification, please contact me. Sincerely, .... ~~l?:1gnan, Finance Director CPA cc: Chuck Warrington, Managing Gas Director Terry Neenan, Gas Superintendent Jeff Harper, Director of Administrative Services Tina Wilson, Budget Director Barbara Weston, Cash and Investments Manager o "Equal Employment and Affirmative Action Employer' RIGlfI' OF WAY I UTILIZATION PERMIT "GEtbAL UTILITIES LICENSE" Sheet 1 of Pine lIas County I Department of Public Works PERMIT NO. THE COUNT)' OF PINEL LAS, a political subdivision of the State of Florida, hereinafter called the Penmitter, hereby grants to C:l PRrwiltpr G~rt System nle) of 400 N. Mvrtle Ave (Address) Clearwater, Fl. 34615 (CIty ~tate (ZIp) herein~fter called the Permittee~ a Permit to construct, operate, maintain, renew .and/or remove as shown on attached sketch ~long, across, beneath, or over right of ""'y and/or property of Penllitter at the following location: County Road No. situated at: Name : Section Township South, Range East, (Address or Street Intersectlon) . Florida, subject to the following provisions and. conditions: 1. Construction, operation and nldintenclnce of such utility shall not interfere with property cmd rights of prior occupant: 2. The construction, operation .md nN3intenance of such utility shall not create obstruction or conditions which are or n~~ become dangerous to the traveling public. 3. All work must be done in keeping with standards of the Florida Department of Transportation Manual of Unifonn Minimum Standards For Design, Construction :and Maintenance For Streets and Highways, Roadway and Traffic Oesign Standards, FloridCl Department of Transportation Standard Specifications For Road and Bridge Construction, AASHTO C1nd by the County Director or his agent. All materials and equipn~nt shall ~e subject to inspection by an Engineer of the County or his agent. 4, 5. The Pernlittee shall and does hereby agree to indemnify, pay the cost of defense. and s,ave hannIess the Permitter from and ,against payment of all claims, suits, dctions, costsl attorneys' fees, expenses, dc3n.ldges, judgments, or decrees by reason of ,any person. or persons or property being damaged or injured by the Perntittee, his employees, agents or sulrcontractors or in any way attributable to the perfonnance, prosecution, cons truction, operation, or mainten.lnce of work herein permitted by Permitter .lnd resul Hng from negligent dcts or omissions of said Penui ttee in connection with the work herein permitted. The Pennittee shall repair any. da....ge or inj ury to the rO<ld or highw.>y or other County property by reason of the exercise of any of the privileges granted in this Permit, and shall repair thil' same promptly, within seven (7) days of opening, restoring it to a condition at least equal to that which existed inJ'lIedidtely prior to the infliction of such danlolge or inj ury. (Note: All portions of the right of way other than paved areas disturbed by the construction of this utility ,will be compacted, grassed and mulched or sodded as required.) 7. .All overhead .instaliations shan conform to clearance standards of the State Utilities AccOlllllodation Guide and all underground cros,sing installations shall be laid at a minimum depth of 3011 below pavement, or at such greater depth as Penni tter n\.dY require. 6. 8. In the event of widening, repclir or reconstl'"Uction of said road, the Permittee shall move or remove said utility installation at no cost to the Permitter. 9. This permit creates a penniss.i\Je use only and the placin!3 of f.acili ~ies up~)O County property pu,:,suant her~to shall not operate to create or to vest any property rlghts 1n scnd Pernllttee Clnd 15 granted 1n perpetulty subj ect to termination by the Permitter upon the giving of 3o-days notice in writing to the Penni Hee. 10. The Penni ttee shall furnish the Penni tter with d survey showin~ the exact locations of all facilities to be instCllled pursuant to this permit, said survey to be sufficlently detailed to allow 1.ocation of said installation by reference thereto. The attached sketch, covering details of this installation, shall be a part of this pennit. - - - - - - - - - - - - .., - - - - - Clffi'II'lJED ON OTHER SIDE OF APPLICATION - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Section corner monuments subject ,to displacement shall first be referenced and lat~r reset by c1 Florida Registered Land Surveyor. . I. '" I All activities in accordance Wl th this penlll t wlIl requlre confonnance to the "Mdnual on Traffic Control and Safe Practices for - Street and Highway Construction, Maintenance and Utility Operations". (CHAPTER 316 FLORIDA STATUTES) .13.. The Pennittee's attention is directed to the provisions of the Trench SMety Act (Florida Statutes, Section . 553.60 et. seq.) and the Oc~cupa.tional Safety and Health Administration Excavation Safety Standards (29 C. F. R. Section 1926.650, Subpart P) which shall apply to construction, operation, and maintenance pursuant to this permi t . '11. 12. 14. Compaction within right of way to meet Pinellas County Minimum Standards. 15. Higt'May Division is to be notified .a minil1ll.lll of 48 hours prior to beginning 1IIOrk at 532-8900, othenuise the Permit will be voided. 16. The Permittee shall coomence construction within 60 days from the date of this pern,it and it shall be coo'pleted within ____ days. Pernli ttee or Agent: Phone: 462-6630 Date: TO BE FILLED OUT BY PINELLAS COUNll' ENGINEERING DEPARTMENT: Sod required __ yes or _ no Pavement to be restored by use of concrete slab as per attached sketch: Open cut _ yes or no Seed 6 Mulch ______ yes or no yes or no Jack and Bore _ yes or _ no PINELLAS COUNll', FLORIDA, Acting by Authority of the Board of County Coo~,issioners Date: PubIc Works Englneer, Englneerlng Servlces SEE ATTACHED LETTER FOR ADDITIONAL 00'10 ITIONS TO THIS UTILITY PERMIT. THE UTILTIY i'KlTIFICATION CENTER, "CALL CANDY", (800-282-8881) I'iJST BE i'KlTIFIED 48 HOURS IN ADVii'lCE OF CONST. DIRECTIONS FOR FIlLIH; IN PERMIT SHEETS 1. Description and nature of the proposed installation shall .be outlined in the three blank lines on application. 2. The botton. of Application Sheet 1 shall be signed by applicant or his aqent. 3. On the attached plan, the following data shall be supplied: a. The plan sketch shall show the' right of way lines and the widths of right of way. The offset distance from the centerline of the proposed installation shall be shown a"nd the scope of the: proposed project, with ~ll the distances and sizes'clearly indic~ted. b. Typical cross .soction shall be furnished showing width of pavement, width of right of way on each side, offset distance from centerline to proposed installation and any pertinent data to sidewalks, curbs and gutters, etc. c. Indicate type of installation on both typical cross section and plan view. d. All pertinent drainaqe information and calculations or justification for size of pipe and/or gradlng. . , 4. All improventents wi thin County maintained right of way shall conform Transportation requirements and/or Pinellas County Subdivision requirements. All applications for Water and Sewer lines ntust be separate applications. and counter-signed by the utility involved prior to submittal preferably. to Florida department of 5. 6. This form is to be 'lade out in QUADRUPLICATE with four (4) drall1ings; one fully executed copy will be returned to you after approval. " There is a variable processing fee which must be received prior to the issuance of' the penni t. Please make check payable to Board of County Commissioners. 7. . . . I I DATE : SHEET : OF UTILITY CONSTRU CTl ON NOTES 1. COMPACTION FOR PIPE BACKFILL SHALL COMPLY Wl11-I AASHTO T-99 (1007.). 2. ALL PROPOSED WORK WILL COMPLY WITH F.D.O.T. INDEX NO. 700. 3. ALL RIGHT-OF-WAY INSTALLATIONS WILL COMPLY WITH 11-IE STATE OF FLORIDA UTIUTIES ACCOMMODATIONS GUIDE. 4. ALL PROPOSED WORK SHALL COMPLY WITH PINElLAS COUNTY SUBDIVISION REGULATIONS AND MINIMUM TESTING FREQUENCY REQUIREMENTS. 5. SIGNS AND BARRICADES SHALL BE PLACED ACCORDING TO F.D.O. T. MANUAL OF SAFE PRACTICES; REFERENCE F.D.O. T. INDEXES 600 11-IRU 650 AND 17349 PER ROADWAY AND TRAFFIC DESIGN STANDARDS LATEST EDIl10N OR D.C. INDEXES 100 11-IRU 116. 6. SIDEWALKS WILL BE RECONSTRUCTED WITHIN THREE (3) DAYS AFTER REMOVAL AND SAFE PEDESTRIAN TRAFFIC WILL BE MAINTAINED AT ALL TIMES. IF EXISTING SIDEWALK IS REMOVED, IT WILL BE REMOVED TO THE NEAREST EXPANSION JOINT. 7. INSTALLATIONS INVOLVING CONCRETE AND ASPHALT DRIVEWAYS, IN GOOD CONDIl10N. SHALL BE ACCOMPUSHED BY JACK AND BORE OR PUSHING. JETTING WILL NOT BE ALLOWED. 8. DIS1URBED AREA Wl11-IIN THE RIGHT-OF-WAY SHALL BE COMPACTED TO 1007. OF MAXIMUM DENSITY AND SODDED. DENSITY REPORTS WILL BE PROVIDED TO PINELLAS COUNTY HIGHWAY DIVISION. 9. ROADWAY PAVEMENT WILL NOT BE OPEN CUT OR DIS1URBED. INSTALLATIONS SHALL BE ACCOMPUSHED BY JACK AND BORE AUGER METHOD ONLY. 10. ALL SHELL ROAD CUTS SHALL BE REPAIRED WITH 8" D.O.T. T'tl'E CERTIFIED SHElL 11. DO NOT DIS1URB 11-IE CURB OR PAVEMENT. 12. ALL EXISTING DRAINAGE TO BE MAINTAINED AND RESTORED TO DESIGN FLOW UNES. 13. MAINTAIN AT lEAST TWELVE (12) INCHES CLEARANCE FROM EXISTING UTIUTIES AS REQUIRED BY CODE OF FEDERAL REGULATIONS 49 - TRANSPORTATION OF NA1URAl GAS BY PIPEUNE PART 192. 14. ROADSIDE UNDERDRAIN IS NOT TO BE DIS1URBED 15. ALL DITCHES AND SIDE SLOPES THAT ARE DIS1URBED ARE TO BE RESHAPED TO ORIGINAL DESIGN AND RESODDE!).