JOINT PROJECT AGREEMENT - INSTALLATION FOR DREW STREET FROM NE COACHMAN ROAD TO U.S. 19
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TO: Claude Howell. City of Clearwater (original)
Jerry Herron, Administrative Manager
Central File (original)
Project Utility File
Charles R. Norwood, P.L.S., Chief Land Surveyor
Serge Louis, Account System Specialist, Fiscal Accounts
Elmer Spence, Planning & Programming
Lloyd Thomas, Division Engineer, Construction Division
Jim Collins, P.E., Project Manager
FROM: Robert C. Janowski, PWES I, Utility Coordinator 0
SUBJECT: J.P.A. - City of Clearwater
Project: Drew Street - from Northeast Coachman
Highway 19
Contract No. 90044
PID No. 920526
DIST: Jan R. Herbst, P.E., Senior Professional Engineer (MEMO ONLY)
Robert Powell, Right-of.Way Administrator (MEMO ONLY)
DATE: March 8, 1994
Attached, please find one (1) copy of the subject Joint Project Agreement
executed by the Pinellas County Board of County Commissioners on March 1.
1994. If you have any questions please feel free to contact me at 464-3713.
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No. 3~
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9:32 A.M.
3-1-94
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#32
JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY
CONTRACTOR WITH THE CITY OF CLEARWATER FOR DREW STREET (C.R.
528) FROM NORTHEAST COACHMAN ROAD (S.R. 590) TO U.S. HIGHWAY 19
(S.R. 55) (CONTRACT NO. 90044) - APPROVED FOR EXECUTION
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County Administrator Fred E. Marquis recommended
approval of a Joint Project Agreement for Utility Installation
by Roadway Contractor with the City of Clearwater for Drew
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Street (C.R. 528) from Northeast Coachman Road (S.R. 590) to
U.S. Highway 19 (S.R. 55) (Contract No. 90044).
In his memorandum of February 21, 1994, Mr. Marquis
indicated, in part, that the City has requested to participate
in County contracts for the adjustment, relocation and installa-
tion of utilities along said roadway; that the agreement has
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been developed to detail the coordination of the project between
the County and the City and provides for actual cost reim-
bursement plus administrative'charges to the County for con-
struction/contract administration; and that the City has
obligated $715,711.50 for this contract.
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Commissioner Seibert moved, seconded by Commissioner
Todd and carried, that the recommendation of the County
Administrator be approved.
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MAR 4 lqQ~
ENG\NEl::h\IIlG.Ut..VI\:J"'~ ulVISION
I JOINT PROJECT AGREEMENT I
FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME: CONSTRUCTION OF DREW STREET (C.R. 528)
PROJECT LIMITS: FROM: NORTHEAST COACHMAN ROAD (S.R. 590)
TO: U.S. HIGHWAY 19 (S.R. 55)
PROJECT PID NO: 920526
This AGREEMENT, made and entered into on the I~ day of
mdA.L , 19J.!f, 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 CITY.
WITNESSETH:
WHEREAS, the COUNTY intends to construct improvements to
Drew Stret (C.R. 528)
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
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,
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WHEREAS, tIe COUNTY and the CITY have Letermined 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: Relocation. adiustment and
installation of city of Clearwater water and sanitary sewer
facilities.
2. The CITY will prepare, at its expense, the design of plans and
specifications for all the CITY I S necessary "utility work"
described above and will furnish to the COUNTY no later than
October 12., 1993, 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 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 CITY to coordinate the
development of the "utility work" plans with the COUNTY I s
plans for the PROJECT. The COUNTY, upon request by the CITY,
will furnish all available roadway information required by the
CITY for the coordination and development of the "utility
work" plans, and the COUNTY shall cooperate fully with the
CITY to this end.
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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 COUNTY's
survey information. The CITY will be responsible for reviewing
the COUNTY's survey information and will be 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", 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 furnished to the COUNTY.
9. 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 Director
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"
option. 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 award. The CITY 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 CITY, in performing t! "utility work",
causes a delay to the COUNTY's construction of this project,
the CITY 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 CITY shall participate in the design, utility
coordination, pre-construction and other meetings as necessary
for PROJECT coordination.
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 the construction of this
PROJECT and in a manner that will not cause 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, questions
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 $715.711.50 including 5% for
construction/contract administration has been appropriated and
is available for payment. In the event the actual cost exceeds
the final estimate of cost, 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. 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.
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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". The CITY and the
COUNTY agree that the COUNTY will pay Ten and 00/100
Dollars ($10.00) to the CITY as separate consideration
for this idemnification and any other idemnification 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. Invoices will be sent to:
Claude Howell
Civil Engineer II
P.O. Box 4748
Clearwater, FL 34618-4748
18. Upon completion of the entire PROJECT, the COUNTY shall,
within one hundred eighty (180) days, furnish the CITY
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 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.
2 0 . 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.
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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.
JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
CITY OF CLEARWATER, IN
PI~~AS COUNTY, FLO IDA
BY:~\.0
Michael J. Wrigh ,
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(Seal)
'ty Manager
ATTEST:
By: .A.
Rita Garvey,
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issioner
city Clerk
Approved as~ tOf,.:lrm and
correctn~ss~ ~--
eity Attorney
ATTEST:
Karleen F. Deblaker, Clerk
By: ~~ 6~-"/Vf~
Deputy Clerk (Seal)
By:
by
countersigned:
By:
By:
(Seal)
APPROVED AS TO FORM
ATTEST:
By:
c~
Office 0
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