Loading...
JOINT PROJECT AGREEMENT UTILITY WORK GULF BOULEVARD-PHASE II PIAD #921360 FROM CLEARWATER CITY LIMITS TO CLEARWATER PASS RECORDED 08/18/99 OR 10629 PG 2666 ,. -. ,...<Zl :;~ "0 ~u ;~ )9 ~< :;0 .. ,a:i , I 99-2;L::3::32 AUG- 1 S- 1999 2: 40PM PINELLAS CO 8K 10829 PG 2888 11111111111111111111111111111111111111111111111111 JOINT PROJECT AGREEMENT UTILITY WORK This Agreement, made and entered into on the _ / 1 day of +, 195!t. by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter called COUNTY, and the Citv of Clearwater of the State of Florida, hereinafter called COMPANY. WITNESSETH: WHEREAS, the COUNTY intends to construct improvements to: PROJECT NAME: GULF BOULEVARD - PHASE II "f .1'21360 , pm No. PROJECT LIMITS: FROM: CLEARWATER CITY LIMITS TO: CLEARWATER PASS hereinafter referred to as the PROJECT, which shall call for the initial location, 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 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 PROJECT Agreement for the "utility work" and, I of6 ".,., (J ,.r)i/ / (..-"./ -"':" (; (() .'-, ~". ~ , ~0Il o~ u.,0 mU >~ O~ O~ ....l<( 00 :J::m I I PINELLAS COUNTY ,LA ~" ,REC,BK 10628 PG 2S67 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, it is agreed by the parties as follows: 1. The COMPANY shall provide to the COUNTY all eXlstmg information that would accurately describe or depict the utility as to size, location and function, COUNTY will use this information to facilitate the subsurface utility surveying efforts. 2. The COMPANY shall reimburse the COUNTY for subsurface utility locating costs. The COUNTY will invoice COMPANY for its proportionate share. Payment will be due in thirty (30) days, 3. The COMPANY shall review and accept the existing subsurface utility information shown on PROJECT plans. The COMPANY shall notifY the COUNTY of any discrepancies and assist in resolution. 4. The COMPANY shall participate in the design, utility coordination, preconstruction, and other meetings as necessary for PROJECT design development and construction. 5. The COMPANY at its expense, shall design and prepare plans and specifications for all the COMPANY'S "utility work" COMPANY shall furnish to the COUNTY, in a timely manner coinciding with the project schedule, complete and reproducible plans on standard size sheets, 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 an "estimate of cost." The plans and specifications shall be signed and sealed by a Professional Engineer registered in the State of Florida, if required by state law, 6. The COMPANY shall obtain all necessary permits for construction of the utility work, including Pinellas County's "Right-of-Way Utilization Permit". 2of6 I I PIN~LLA5 COUNTY rLA. Orr.R~C.BK 10829 PG 2888 7. 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 COUNTY shall notify the COMPANY, in writing, of the COUNTY'S intent to award the contract, and the amount bid for the "utility work." The COMPANY shall have five (5) days from receipt of this notice to determine if the COMPANY intends to proceed with "utility work" as part of the COUNTY'S construction contract (OPT IN) or withdraw from further consideration and perform the "utility work" independently (OPT OUT). COMPANY shall give COUNTY immediate verbal notice followed by written notice of COMPANY'S decision to OPT IN or OPT OUT. 8. If the COMPANY decides to OPT IN: A. B. D. o:::<n O~ ~O ~u ~~ 9~ 00 :I:a:l The COMPANY shall forward to the COUNTY, within 30 days of notice of the bid amount for the COMPANY'S "utility work", that full amount, plus eight percent (8%) for COUNTY contract administration services, and ten percent (10%) for contingencies. These funds will be deposited by the COUNTY into a trust account for the purpose of payments by the COUNTY to the construction contractor on the COMPANY'S behalf. Interest will accrue on the deposit balance and shall be available for payment of project costs, if necessary. In the event construction changes cause the trust account balance to be depleted prior to the end of construction, the COMPANY agrees that, within fourteen (14) calendar days of notification by the COUNTY, additional funds will be forwarded to cover the remaining estimated construction cost. c. All information required for field changes and change orders pertaining to construction of the COMPANY'S "utility work" shall be promptly furnished to the COUNTY. Failure to do so will subject COMPANY to pay for any added expense incurred by COUNTY In the event [mal construction cost billing plus administrative charges is less than the trust account deposit, a refund of the excess, including any unused accrued interest, will be made by the COUNTY to the COMPANY within 45 days of "utility work" completion. In the event the final billing plus administrative charges, is greater than the trust account deposit plus accrued interest, the COMPANY agrees to pay the additional amount within 45 days of invoicing by the COUNTY 30f6 I I PINE~~AS COUNTY r~A, 0.. ,REC,BK 10629 PG 2669 E. Upon completion of the entire PROJECT, the COUNTY shall ensure that any "utility work" warranty is passed on to the COMPANY under the terms and conditions contained in the construction contract. F, All survey layout for construction of the "utility work" will be furnisher! by the COUNTY. G. Upon request, the COUNTY shall furnish one (1) set of record drawings. 9. If the COMPANY decides to OPT OUT: 10. ",r/] 5~ '....0 ct.u ;.1.ll.l.1 >-ct. 5~ 00 :I:~ A. The COMPANY affirms, by so electing, that it is ready, willing, and able to perform the "utility work" in a timely and competent manner, so as not to cause delay to the Contractor. B. The COUNTY will delete the "utility work" option from the Construction Contract. C. The COMPANY remains responsible for all obligations under this agreement except for those relating to payment to the COUNTY for "utility work" performed by the COUNTY'S contractor. Coordination of the COMPANY'S "utility work" will be the responsibility of the COUNTY'S contractor. 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. Failure to do so will subject COMPANY to pay for any added expense incurred by the COUNTY. 11. All adjustment. relocations, repairs, maintenance, and incidentals required to be performed to the COMPANY'S existing utilities within the PROJECT, not included in the OPT IN "utility work", will be the sole responsibility of the COMPANY. 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. Failure to do so will subject COMPANY to pay for any added expense incurred by the COUNTY. 4of6 12. 13. 14. ~c.'l of.2 ;J;..o r"::u ~~ 9~ 0< ::t:g I I S COUNTY n_R. PIN~~~R 10629 PG 2670 Off .R~c.el< The COMPANY'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 and disputes of whatever nature which may arise under or by reason of such contract for "utility work". Upon completion of the entire PROJECT, the COMPANY shall own, control, maintain, and be responsible for all COMPANY utility facilities involved according to the terms of the Pinellas County Right-of-Way Utilization Permit. The COMPANY further agrees that it will maintain and keep in repair its utilities and all such affected infrastructure. The COMPANY shall indemnify, pay the cost of defense, including attorney's fees, and hold harmless the COUNTY from all suits, actions, or claims of any character brought on account of any injuries or damages received or sustained by any person, persons, or property arising from the participation in this Agreement by the COMPANY, including but not limited to claims by the Construction Contractor for additional compensation related to the COMPANY'S performance of its own "utility work," failure to provide accurate information, or failure of coordination and cooperation with the Construction Contractor in a timely manner, or by or on account of any claims or amounts recovered under Workers Compensation Law or any other laws, ordinances, statutes, orders or decrees, excepting only such injury or damage as shall have been occasioned by the sole negligence of the COUNTY. The COMPANY acknowledges receipt of Ten Dollars ($10.00) as specific consideration for this indemnification and for other indemnity obligations found within this Agreement. IS. In the event the COUNTY, for any reason, decides either not to proceed with the PROJECT or terminates the PROJECT, the COUNTY will not be responsible for any "utility work" not completed. 50f6 "ell 5~ "'0 .((,) ;~ 3~ :>0 :I:~ I I F'INE:LLAS OFT, RE:C ,BK COUNTY F"LA, 10829 F'Cl 2871 JOINT PROJECT AGREEMENT FOR UTILITY INST ALLA TION BY ROADWAY CONTRACTOR. 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. CITY OF CLEARWATER, IN PINELLAS COUNTY, FLORIDA By:J M chael 1. Roberto. City Manager ::='=L~ Brian Aungst, ayor-Commissioner ATTEST: Karl~en'F: DeBlaker, Clerk " , , ,- . . '. . BY: ..' ' ; . _ ".,. D uty Cle~k,. ..' tJ ' '/ (Seal) . . . tountersigli~~); ,.... / BY:"'" / . APPROVED AS TO FORM (! ';J f'" ~ BY: A '-<lX', <3-. {L~tUl't . Office of County Attorney, . (Seal) ATTEST: ~~~~~G1A/U ryn la . Goudeau, City Clerk Approved as to form and correctness: ~as, ASSi:~t City Attorne; PINELLAS COUNTY, FLORIDA, by and through its Board of County commissioner~ . . ..-'"' By:ate~ 1A--J BY: (Seal) ATTEST: 60f6 I I JOINT PROJECT AGREEMENT UTILITY WORK This Agreement, made and entered into on the /1 day Of~' 191'6 by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter called COUNTY, and the City of Clearwater of the State of Florida, hereinafter called COMPANY. WITNESSETH: WHEREAS, the COUNTY intends to construct improvements to: PROJECT NAME: GULF BOULEVARD - PHASE II pm No. 821360 PROJECT LIMITS: FROM: CLEARWATER CITY LIMITS TO: CLEARWATER PASS hereinafter referred to as the PROJECT, which shall call for the initial location, 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 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 PROJECT Agreement for the "utility work" and, J of6 _.1"1" . ~ CO v ' . 'f' ii, " I I 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, it is agreed by the parties as follows: 1. The COMPANY shall provide to the COUNTY all eXIstmg information that would accurately describe or depict the utility as to size, location and function. COUNTY will use this information to facilitate the subsurface utility surveying efforts. 2. The COMPANY shall reimburse the COUNTY for subsurface utility locating costs. The COUNTY will invoice COMPANY for its proportionate share. Payment will be due in thirty (30) days. 3. The COMPANY shall review and accept the existing subsurface utility information shown on PROJECT plans. The COMPANY shall notify the COUNTY of any discrepancies and assist in resolution. 4. The COMPANY shall participate in the design, utility coordination, preconstruction, and other meetings as necessary for PROJECT design development and construction. 5. The COMPANY at its expense, shall design and prepare plans and specifications for all the COMPANY'S "utility work." COMPANY shall furnish to the COUNTY, in a timely manner coinciding with the project schedule, complete and reproducible plans on standard size sheets, 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 an "estimate of cost." The plans and specifications shall be signed and sealed by a Professional Engineer registered in the State of Florida, if required by state law. 6. The COMPANY shall obtain all necessary permits for construction of the utility work, including Pinellas County's "Right-of-Way Utilization Permit". 20f6 I I 7. 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 COUNTY shall notifY the COMPANY, in writing, of the COUNTY'S intent to award the contract, and the amount bid for the "utility work." The COMPANY shall have five (5) days from receipt of this notice to determine if the COMPANY intends to proceed with "utility work" as part of the COUNTY'S construction contract (OPT IN) or withdraw from further consideration and perform the "utility work" independently (OPT OUT). COMPANY shall give COUNTY immediate verbal notice followed by written notice of COMPANY'S decision to OPT IN or OPT OUT. 8. If the COMPANY decides to OPT IN: A. The COMPANY shall forward to the COUNTY, within 30 days of notice of the bid amount for the COMPANY'S "utility work", that full amount, plus eight percent (8%) for COUNTY contract administration services, and ten percent (10%) for contingencies. B. These funds will be deposited by the COUNTY into a trust account for the purpose of payments by the COUNTY to the construction contractor on the COMPANY'S behalf. Interest will accrue on the deposit balance and shall be available for payment of project costs, if necessary. In the event construction changes cause the trust account balance to be depleted prior to the end of construction, the COMPANY agrees that, within fourteen (14) calendar days of notification by the COUNTY, additional funds will be forwarded to cover the remaining estimated construction cost. C. All information required for field changes and change orders pertaining to construction of the COMPANY'S "utility work" shall be promptly furnished to the COUNTY. Failure to do so will subject COMPANY to pay for any added expense incurred by COUNTY. D. In the event fmal construction cost billing plus administrative charges is less than the trust account deposit, a refund of the excess, including any unused accrued interest, will be made by the COUNTY to the COMPANY within 45 days of "utility work" completion. In the event the final billing plus administrative charges, is greater than the trust account deposit plus accrued interest, the COMPANY agrees to pay the additional amount within 45 days of invoicing by the COUNTY. 30f6 I I E. Upon completion of the entire PROJECT, the COUNTY shall ensure that any "utility work" warranty is passed on to the COMPANY under the terms and conditions contained in the construction contract. F. All survey layout for construction of the "utility work" will be furnished by the COUNTY. G. Upon request, the COUNTY shall furnish one (1) set of record drawings. 9. If the COMPANY decides to OPT OUT: A. The COMPANY affirms, by so electing, that it is ready, willing, and able to perform the "utility work" in a timely and competent manner, so as not to cause delay to the Contractor. B. The COUNTY will delete the "utility work" option from the Construction Contract. C. The COMPANY remains responsible for all obligations under this agreement except for those relating to payment to the COUNTY for "utility work" performed by the COUNTY'S contractor. 10. Coordination of the COMPANY'S "utility work" will be the responsibility of the COUNTY'S contractor. 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. Failure to do so will subject COMPANY to pay for any added expense incurred by the COUNTY. 11. All adjustment, relocations, repairs, maintenance, and incidentals required to be performed to the COMPANY'S existing utilities within the PROJECT, not included in the OPT IN "utility work", will be the sole responsibility of the COMPANY. 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. Failure to do so will subject COMPANY to pay for any added expense incurred by the COUNTY. 4of6 .. I , .. 12. The COMPANY'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 and disputes of whatever nature which may arise under or by reason of such contract for "utility work". 13. Upon completion of the entire PROJECT, the COMPANY shall own, control, maintain, and be responsible for all COMPANY utility facilities involved according to the terms of the Pinellas County Right-of-Way Utilization Permit. The COMPANY further agrees that it will maintain and keep in repair its utilities and all such affected infrastructure. 14. The COMPANY shall indemnifY, pay the cost of defense, including attorney's fees, and hold harmless the COUNTY from all suits, actions, or claims of any character brought on account of any injuries or damages received or sustained by any person, persons, or property arising from the participation in this Agreement by the COMPANY, including but not limited to claims by the Construction Contractor for additional compensation related to the COMPANY'S performance of its own "utility work," failure to provide accurate information, or failure of coordination and cooperation with the Construction Contractor in a timely manner, or by or on account of any claims or amounts recovered under Workers Compensation Law or any other laws, ordinances, statutes, orders or decrees. excepting only such injury or damage as shall have been occasioned by the sole negligence of the COUNTY The COMPANY acknowledges receipt of Ten Dollars ($10.00) as specific consideration for this indemnification and for other indemnity obligations found within this Agreement. 15. In the event the COUNTY, for any reason, decides either not to proceed with the PROJECT or terminates the PROJECT, the COUNTY will not be responsible for any "utility work" not completed. 50f6 .' I I .. JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR. 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, CITY OF CLEARWATER, IN PINE LAS COUNTY, FLORIDA (Seal) BY: ichaelj, Roberto, City Manager Countersigned: By: ~~ 4.~~ Brian Aungst, Mayor-Commissioner ATTEST: &"Cynt ~tyc;",,~ ~ Approved as to form and correctness: S~- ~ JoOO C, Carassas, Assistant City Attorney ATTEST: Karleen F!'DeBiaker, Clerk . ."... (:,." "', ' PINELLAS COUNTY, FLORIDA, by and through its Board of ::~~onerVJ~ Couriie~sig1i414:. / ,...,.....',./... """"'","." BY: / BY: (Seal) APPROVED AS TO FORM BY: ~~ g.~~ Office of County Attorney ATTEST: 60f6