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JOINT PROJECT AGREEMENT WITH PINELLAS COUNTY FOR WYATT STREET (02/21/95) ~ ---- I I No. B.C.C. 6:30 P.M. IS 2-21-95 - Bubin ill 5 JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CON- TRACTOR WITH THE CITY OF CLEARWATER FOR WYATT STREET TARGET AREA PHASE II-B!VARIOUS LOCATIONS, CONTRACT NO. 88018-B (PID NO. 9210571 - APPROVED FOR EXECUTION County Administrator Fred E. Marquis recommended ap- proval of a Joint Project Agreement for Utility Installation by Roadway Contractor with the City of Clearwater for Wyatt Street Target Area Phase II-B at various locations, Contract No. 88018-B (Pid No. 921057). In his memorandum of February 10,1995, Mr. Marquis indicated, in part, that th~ City has requested to participate in County contracts for the adjustment, relocation and installation of utilities for the aforesaid project; 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 charges to the County for construction! 'contract administration; and that the City has obligated $127,000.00 for this contract. Commissioner Tyndall moved, seconded by Commissioner Stewart and carried, that the recommendation of the County Administrator be approved. .~ ~~I\TI!Jj ffB27m5 ENGiNEERING-DESIGN DM:lION '.I' / .. , , , " ""-. \ ) . . , ~ "- , . ',~- \. I I JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: WYATT STREET TARGET AREA PHASE II-B PROJECT LIMITS: FROM: VARIOUS LOCATIONS TO: PROJECT PID No. : 921057. CONTRACT # 88018-B This AGREEMENT, made and entered into on the ~/~ day of ~~ ' 1995, 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 WYATT STREET TARGET AREA PHASE II-B 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 Revised 11-12-93/TWM " . I I 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, WHEREAS, the COUNTY and the CITY has determined that it would be to the best interest of the general p~blic 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 6". 4" AND 2" NATURAL GAS MAINS WITHIN THE WYATT STREET TARGET AREA. 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 December 15 19~, 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 every detail and will include a "Summary of Quantities" sheets and/or "aill of'Materials" identifying the items of work, with a "final" estimate of cost, required to accomplish the "utility work" said estimat'e '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 Revised ll-12-93jTWM ".-'. ;~'" ~1 .j 'i;! ';1 .~ 'oj "~ "" '" , , , " -:, i ~] j ,:; :1 . " I 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 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' 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 aDd 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 '}mount for the "utility work" option. The CITY shall have five (5) days from receipt of the COUNTY I S notification to request, in writing, that the COUNTY delete this option, and to notify the COUNTY of the CITY I 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 request'ing 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'Hthe COUNTY will not- be responsibl.e for any "utility ~ork" not.. completed. PWETWM: 13 Page 3 of 6 Revised 11-12-9~/TWM 11. 12. .;:~i I I The CITY shall construction coordination~ participate in the design, utility coordination, pre- and other meetings as necessary for PROJECT 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"i the prosecution and fulfillment of the services thereunder, and the character, quality, ~ount 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 $127 . 000.00 , including 5% for construction/contract administration has been appropriated and is availabl~ for payment. 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. 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. "I 16. J ~ 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 "ut;.ilLty 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 Lndemnification 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. 170 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. Th-e COUNTY will invoice the_ CITY monthly for all costs incurred under this Agreement as certified by the COUNTY 1 S inspector, and the CITY agrees to pay the COUNTY within thirty (30) days. The COUNTY shall forward all invoices for processing to the CITY's representative as shown: Clearwater Gas System_400 North Myrtle Avenue Clearwater, Florida 34615 attention~ James M~ Lewin Sr.- PWETWM: 1.3 Page 4 of 6 Revised 11-12-93/TWM ,~. . , , ,. I I 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 f 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. 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 Revised 11-12-93/TWM . .. ~ ~ ::~i , , , ~- i ''] ~ :;ii . .- ~'i ""i . . . J ~ 'i1 :;) " . -~ , . I . 3 -j '~ IT . ! l , ., ~/ . , , F I i JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR ATTEST: Karleen F. DeBlaker, Clerk BY: W~/'.~ Deputy Clerk. (Seal) countersigned: BY: APPROVED AS TO FORM f. til ~ BY: (__thO' .4., " PA ~4 ~Office countersigned: I!b.,~ Mayor-Commissioner Approved as to form and correctness: ~'4!~-L7J -Pamela K. Akin City Attorney PWETWM: 13 Page 6 of 6 PINELLAS COUNTY, FLORIDA, througp it Board of Commissione 5 by and County BY: BY: (Seal) ATTEST: of County Attorney CITY OF CLEARWATER,FLORIDA Bet~~ cit Maniiger Attest-:- ...... ~- City Revised 11-12-93/TWM