AGREEMENT - INSTALLATION AT WYATT ST. TARGET AREA PHASE II A
,
,~
TO:
FROM:
J~
u
CGS
Cynthia Goudeau, City Clerk
Terry Neenan, Gas Superintendent
COPIES: Kelly O'Brien, Drafting Tech. II
t
CITY OF CLEARWATER
Interoffice Correspondence Sheet
jp;)JP/
SUBJECT: COUNTY JPA - WYATT STREEf PHASE IT A
DATE: September 29, 1993
For your records, I have attached an original fully executed Joint Project Agreement with the
County on the above referenced road project.
If you have any questions, please call me. Thanks.
JTN/sh
,-'\
l''''-'-'-
'\1. ~'2,
.. r.-
OCT () 4 1993
CITY ('I
rj}::,~r
-- ;::,.,.~, -- 2--=2'_:~
-
, ..,~-'
r':.
~
tp~~
U-J'\~tr~
No . 21
B.C.C.
6:30 A.M.
2-2-93
WATHEN
#27 JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CON-
TRACTOR WITH THE CITY OF CLEARWATER FOR WYATT STREET TARGET AREA
PHASE II A, FROM BELLEAIR ROAD (NORTH), CLEARWATER-LARGO ROAD
(WEST) TO PATTERSON STREET (SOUTH) AND GREENWOOD AVENUE SOUTH
(EAST) (PID NO. 921057) - APPROVED FOR EXECUTION
County Administrator Fred E. Marquis recommended
approval of a Joint Project Agreement for Utility Installation
by Roadway Contractor with the City of St. Clearwater for Wyatt
Street Target Area Phase II A, from Belleair Road (north),
Clearwater-Largo Road (west) to Patterson Street (south),
Greenwood Avenue South (east), PID No. 921057.
In his memorandum of January 20, 1993, Mr. Marquis
indicated, in part, that the City has requested to participate
in County contracts for the adjustment, relocation and/or instal-
lation of utilities along Ewing Avenue, Greenwood Avenue South,
Miller Avenue, Tilley Avenue, Hall Street, Hawkins Street and
Patterson Street; and that the agreement has been developed to
detail the coordination of the project between the County and
the City and provides for actual cost reimbursement plus adminis-
trative charges to the County for construction/contract adminis-
tration.
Commissioner Seibert moved, seconded by Commissioner
Todd and carried, that the recommendation of the County Adminis-
trator be approved.
, ) {,'i-'
". 'I"
-
tp
JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME:
Wyatt Street Target Area Phase II A
PROJECT LIMITS: FROM: Belleair Rd. (North), Clearwater-largo Rd. (West)
TO: Patterson St. (South), Greenwood Ave. S. (East)
PROJECT PID No:
921057
This AGREEMENT, made and entered into on the
::? ~ day
of ~~~ ' 1991, 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:
WHEREAS, the COUNTY intends to construct improvements to ____
Ewing Ave., Greenwood Ave. S., Miller Ave., Tillev Ave., Hall St.. Hawkins St..
and Patterson St.
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:13
Page 1 of 6
05-28-92
"/" 'I,'
'''1 \,'
-
tp
WHEREAS, the COUNTY's plans for the PROJECT have 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 I'ROJECT 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: abandon and install 2" & 4" Gas Mains
within proiect limits at.various locations.
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 December 18 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 Quantities" sheet and/or
"Bill of Materials" identifying the items of work, with a "final
estimate of cost." required to accomplish the "utility workll, 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
PWETWM:13
Page 2 of 6
05-28-92
,
~
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 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 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 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 phase 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 "utili ty 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 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 "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 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.
PWETWM:13
Page 3 of 6
05-28-92
-
~
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 Pi<OJECT
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
respons ibili ty of the COMPANY. All such work is to be coordinated
wi th 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
cons idered 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 shaUdecide aU 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 $ 30,173.09 including 5% 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
facili ties involved according to the terms of the Pine lIas 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
agreement 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 "util i ty work", subj ect 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 consideration for this
PWETWM: 13
Page 4 of 6
05-28-92
.. i.......
,
,
indemnification and any other indemnification of 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 provlslons
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, wi thin 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 subject to audit by a
representative of the COMPANY.
19. Upon completion of the entire PROJECT, the COUNTY shall, within 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 I'ROJECT, 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.
PWETWM:13
Page 5 of 6
05-28-92
- -
..~.,.._.,_~._._._____.'"'' "n_""'_'"
~,
~
tt
'.....)
..... ~.
JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
ATTEST:
Karleen F. DeBlaker, Clerk
PINELLAS COUNTY, FLORIDA, by
and through its Board of
County Commissioners
~-BY:
~/
Deputy Clerk
~
(Seal)
BY, a4-:~
~ HAIRMAN
Countersigned:
BY:
BY:
(Seal)
APPROVED AS TO FOEM
ATTEST:
BY: ~;S -~~
. Office
~
of
County
Attorney
Countersigned:
FLORIDA
Rita Garvey
Mayor-Commissioner
Michael J. Wngh
City Manager
Approved as to form and
correctness:
Attest:
M.A. Galbraith,
City Attorney
~ --
-~. ~
~ - ~
[ In. --1'- - J:j'c-,rJ
~ G;-~ e?-~"-- ~~
C~ t . aE~ GO\1deau '.-
Clty le1;k:. -- ~ ~ _ ~_'
PWETWM:13
Page 6 of 6
05-28-92