JOINT PROJECT AGREEMENT - INSTALLATION AT TAMPA ROAD FROM U.S. 19 TO EAST LAKE ROAD
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No. _ ~ Lf
ECC
9:32 A.M.
3-1-94
Lutzmann
#34 JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY
CONS TRACTOR WITH THE CITY OF CLEARWATER FOR TAMPA ROAD FROM U.S.
HIGHWAY 19 TO EAST LAKE ROAD (C.R. 611) (CONTRACT NO. 2566) _
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 Clearwater for Tampa Road
from U.S. 19 to East Lake Road (C.R. 611) (Contract No. 2566).
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; 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 reim-
bursement plus administrative charges to the County for con-
struction/contract administratiop;and that the City has
obligated $135,000.00 for this contract.
Commissioner Todd moved, seconded by Commissioner
Seibert and carried, that the recommendati0n of the County
Administrator be approved.
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JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY ROAD~AY CONTRACTOR
PROJECT NAME:
TAMPA ROAD
PROJECT LIMITS: FROM: U.S. HWY. 19
TO: EAST LAKE ROAD (C.R. 611)
PROJECT PID No.:
920726
CONTRACT # 2566
This AGREEMENT, made and entered into on the
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of 4)4:A,..1
, 199 '4, 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
TAMPA ROAD (C.R. 752 from U.S. 19 to East Lake Rd. C.R.611)
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 I 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, 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: INSTALLING 2" AND 4" NATURAL GAS MAIN
ALONG TAMPA ROAD.
2. The City will prepare, at its expense, the design of plans and
specifications for all the CITY' 5 necessary "utility work" described
above and will furnish to the COUNTY not later than JANUARY 30 ,
192L, 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 specifications shall be complete in eve-cy detail and will
include a "Summary 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 the
development of the "utility work" plans with the COUNTY'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.
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 r s survey
information. The CITY will be responsible for reviewing the
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COUNTY's survey information and will responsible for any changes to
the CITY I 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 r s "utility work", shall be remedied
immediately with the full force and power available to t~e 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 puvlic
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.
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.
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 CITY1s 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
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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, question and disputes thereunder shall be final and
conclusive upon the parties hereto.
14. The CITY hereby certifies that funding for the preliminary'estimated
"u~ility work" cost of ~135,000.00 , 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 costs, the CITY shall reimburse the COUNTY for
such actual cost.
IS. 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.
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 sl.lch actual cost. The COUNTY will invoice the CITY
monthly for all costs incurred under this Agreement as certified by
the COUNTY I S inspector, and the CITY agrees to pay the COUNTY
within thirty (30) days. Invoices from the county shall be
forwarded as follows: Clearwater Gas System 400 North Myrtle Avenue
attention: James M. Lewin Sr.
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 cost 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
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accounts bill can be audited. Adequate reference shall be made in
the billing to the COUNTY I 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 (2410 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.
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JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
ATTEST:
Karleen F. DeBlaker, Clerk
PINELLAS COUNTY, FLORrDA,
through its Board of
Commissioners
by and
County
Deputy Clerk
(Seal)
'''~~
BY:
;?;&-~~.
Countersigned:
BY:
BY:
(Seal)
APPROVED AS TO FORM
ATTEST:
BY: a J,J, ,j al'>C<O bRh'f
/ Office
of
County
Attorney
?!i'% d,
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
~~~X~~izabeth M. Deptula
Interim City anager
Approved as to form and correctness:
Attest:
DIl rO, ~ <--'-.3ity
G9~qeaU1-eity Clerk
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