JOINT AGREEMENT FOR UTILITY INSTALLATIONS
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OF COLT1,TTY COl\.'fl\.TISSIONEr"S
PINELLAS COUNTY WATER SYSTEM
310 COURT ST.. P.O. BOX ;760
CLEARWATER. FLORIDA 33517
Cor....lo.'IiS::;IDNEP,S
CHJl..RL!:::S E ~,c.!NEY. CHAI"lMAJ\'
GEORGE GREER. ViC!O'Cf-iA:RMA~.
JOHN CHESr-JUT. JR
BARSf..RP, Srl:::EN TODD
BRUCE T'n~D_I:\,LL
RECEIVED
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MAY It 1986
May 2, 1986
CITX CLERK
MI. William C. Baker~ Director Public Works
City of Clearwater
Post Office Box 4748
Clearwarer, FL 33518-4748
Subject:
Gulf 'Boulevard Water Main Extension
Clearwater Meter at Sand Key WE-828S G
Dear Mr.
Baker:
Transmitted herewith a~e two (_2) copies of the Joint
Agreement ror Utility Installations for subject project
and a Certified Copy of ResoluticrrNo 86-183 regarding
the Joint Agreement for your files.
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PINELLAS COUNTY WATER SYSTEK
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Vf~giliF. Bryant
Desigr. ~ngineer
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PINELLAS COUNTY IS AN EQUAL OPPORTUNITY EI'IllPLOYER
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JOINT AGREE11ENT
FOR
UTILITY INSTALLATIONS
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THIS AGREEMENT, entered into this
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I by and between the City of Clearwater, a political subdivision of
the State of Florida, hereinafter called the "City", and Pinellas COunty, a
political subdivision of the State of Florida, acting by and through its
. Board of County Commissioners, hereinafter referred to as the "COunty".
WITNESSETH
vlHEREAS, the City is constructing water main extensions on Gulf Blvd.
betlveen Clearwater Pass and Belleair Causeway which will extend into the
county water service area, and reconstructing the city's wholesale I.ater
meter at Sand Key; and
HHEREAS, the plans for the said construction/reconstruction, as alxlve
described, have been reviewed and approved by the City and the COunty; and
WHEREAS, the term "County Utility Hork" shall hereinafteI: designate the
above described utility constI:uction lying within the COunty SeI:vice area
and provided for the sole benefit of County retail water service cust08eI:S;
and
l'lHEREAS, the term "cost of County's Utility Hork" shall include the
entire amount paid by the County properly attributable to such work, and
HHEREAS, the County has expressed its desire to aSSI.JGle costs incurred
by this "County's Utility Hork" which enhances the value of the COunty's
Utilities and has requested the City to include in said Job certain plans
and specifications to meet the County needs, and
l'lHEREAS, the City and the County have deterr.lined that it ;.'Culd be to
the best interest of the general public and to the econoGlic advantage of
both parties to enter into a Joint project providing for such work,
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~NOW THEREfORE, th1premises considered, and in conlideration of the sum
of One Dollar each to the oth~r 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 and the County shall participate in a Joint Project, the
scope of which will cover only County utility facilities within the limits of
the project for Gulf Boulevard as included in the plans, more specifically
described as "Gulf Boulevard and Moccasin Lake Park, Water Main Extensions,
Project No. 84155-1 dated October, 1985," prepared by Briley, Wild & Associat.es,
Consulting Engineers and Planners, as heretofore approved by the Cit.y and the
County.
2, The Count.y will assist in t.he preparation of the design and plans
for all of the "Count.y' s Utility Work" specified above.
3, All of the work on t.he Joint Project. is to be done according to t.he
plans and specifications as described in paragraph one of the Agreement., which
plans and specificat.ions are by reference heret.o, made a part. hereof. All
errors, omissions, or changes in the design of the "County's Utility Work"
will be the sole responsibility of the County, In any conflict. between
Count.y and City specificat.ions, for t.he materials to be used, the City's
specifications will govern. All such utility facilit.ies shall be installed
in dedicated easement.s or public right-of-ways,
4. The County has the right, but not. the duty, to perform at its own
expense, continuous engineering inspection and testing of t.he "Count.y
Ut.ility Work", All field survey cont.rol for the "Count.y' s Ut.ility Work"
will be furnished by t.he Cit.y, The coordination of t.he "County's Utility
Work" with that. of t.he contractor and ot.her utilit.ies and/or t.heir
contractors will be t.he responsibilit.y of t.he City, and the Count.y shall
cooperate fully in t.his mat.ter, All informat.ion required for Change ,Orders
pertaining t.o t.he "Count.y' s Utilit.y Work" shall be promptly furnished t.o t.he
Cit.y by t.he Count.y upon t.he request. of t.he Cit.y,
5. The Cit.y will provide t.he necessary engineering supervision to
assure construction is in compliance wit.h t.he plans and specificat.ions
hereinabove referred t.o, and shall receive all bids for and let all contracts
for said "Count.y's Utility Work", All bids for said "County's
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. _, Ut~l1ty \~ork" shall be taken into consideration in the a....ard of bid on
, ';o~ and the County Ihall have the right to rejectl any or all bids on
the
the
"County's utility Work".
In the event of rejection of bids for the
"COunty's Utility Work", the contract documents will be so &"ended prior to
award and the County will, at its expense, arrange for the prompt
construction of the "county's Utility Work" so as to cause no delay to the'
prosecution of the work by the City's contractor.
6. TIle O:mnty agrees that it will, upon the corrpletion, approval and
formal acceptance of said "County Utility Work", pay to the City an amount
not to exceed Forty-five Thousand, Four Hundred 'l'Nenty-nine and 00/1000
Dollars ($45,429.00). The parties hereto further agree that in the event
that actual construction costs are less than said arocJUnt, the county shall
pay the City only that lesser amount representing actual cop~truction
costs. In the event that construction costs for the 'County Utility Hork"
increase during construction, any change orders to the contract as awarded
relating to the "COunty Utility Work" shall be subject to Board Of county
COwmis~ioners' afproval,
7. Upon completion and formal Board of County CoErrnissioners'
acceptance of the work, the County shall own, control, r.aintain, and be
responsible for all facilities involved south of the last flow control valve
north of the back flow device for the City's wholesale meter at Sand Key.
8. The City hereby agrees to execute a deed of conveyance vesting
sole and absolute title to all pipelines and appurtenances, lying in the
COunty service area and necessary to provide service to County retail water
. service customers, free and clear of all liens, enC1...rr;Orances and charges.
Tne deed of conveyance shall be re~orded in the Public Records of pinellas
County, Florida after Board of county ~ommissioners' approval.
9. The City covenants and agrees that it will indemnify and hold.
hannless the COunty and all of the COunty's officers and e7ployees from any
claim, loss, damage, cost, charge or expense arising out of any act, action,
neglect or omission by City during the perforn.ance of the "county Utility
Work", whether direct or indirect, and whether to ~.y person or property to
which the County or said parties may be subject, except that neither the
City nor any of its contractors, subcontractors, or assignees, will be
liable under this section for damages arising out of inj;Jry or damage to
persons or property directly caused or resulting fr~" the sole negligence of
the County of any of its officers or employees.
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'10. Upon comPleton of the work, the city shetl, within one hundred
eighty (l80) days furnish the County with two (2) copies of its final and
complete billing of all cost incurred in connection with the ~urk performed
hereunder, such statement to follow as closely as possible the order of the
items contained in the job estimate. 'The final billing shall show the
description and site of the project; the date on which the first work was
performed; the date on which the earliest item of billed expense was
incurred; 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 r.ade in the billing to the
City's records, accounts or other relevant doclli"ents. All cost records and
accounts shall be subject to audit by a representative of the county. Upon
receipt of invoices prepared in acccordance with the provision of City
procurement procedures, and sufficient to allow the County to comply with
its past, present and future financial responsibilities, the county agrees
to reimburse the city in the a~unt of such actual cost, as approved by the
Board of county Co,nJlLissioners thruugh Change Orders,
IN WITNESS IlliEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers, and their official seals hereto
affixed, the day and year first above written,
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CITY OF CLEA<l\<ATER, FLORIDA
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Approved as to
Ci ty of Clear...
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BY:
By
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PINELLAS CCUNI'Y, FUHIDA
By and 'Ihrougn Its Board
of County CoL.Dissioners
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By .!1-i! ff~
Deputy Clerk
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APPROVED AS TO FORM,
OFFICE OF COUNTY ATTORNEY
~X/tWd2
By Attorney
ATrEST:
Karleen F. De Blaker
Clerk of Circuit Court
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RESOLUTION NO, 86-183
RESOLUTIO~ REGARDING JOINT AGREEMENT
FOR UTILITY INSTALLATIONS WITH THE
CITY OF CLEARWATER, FLORlDA
WHEREAS, the City of Clearwater, Florida proposes to construct a
.wholesale meter at Sand Key and water main extensions on Gulf Blvd~ in
Pinellas County, Florida; and
WHEREAS, it is desired that the City of Clearwater install fire
hydrants and make service connections to the new water main to better serve
the Pinellas County water service area; and
WHEREAS,
the City will incorporate additional improvements during
construction that will be for the sole benefit of retail water service
customers of the Pinellas County Water System, provided the City will be
compensated for the additional costs involved for installation of new County
facilities in conjunction with the new City water main extension along Gulf
Blvd. from Sand Key to Belleair Causeway.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pinellas County, in a regular meeting duly assembled this 22nd day of April,
1986, that the County of Pinellas enter into a Joint Agreement with the City
of Clearwater for installation by the City of said County facilities and
that the County assume the additional costs incurred in the respective
utility installation, which cost are estimated to be $45,429.00; and
BE IT FURTHER RESOLVED that a certified copy of this Resolution be
forwarded forthwith to the City of Clearwater, Florida,
Commiss ioner
Tyndall
offered the foregoing Resolution and
moved its adoption, which was seconded by Commissioner Todd
and upon roll call the vote was:
Ayes:
Rainey, Greer, Chesnut, Tyndall and Todd,
Nays:
None.
Absent and not voting: None.
I, K,t>,RLEEN F. De BLAKER, Clerk of the Circuit
tOllr1 and Clerk Ex~Off:,ci.<?, BOClnl. of County
rnrrHll:~sion('rs" .,-do" - r.cr.~.b.y -d:~r~i,fy that the
"bO'.'(~ ;,tlld 'foreQ',orh-(~ 'is a" 'trw~" --'~j.mf - correct
'n"" (,f 1!-w"r;"ri"f'~'ilJI ;:; it';inr('''r~ ion 'thf' "c,ffici,,1
"-If'~ of tk' 11 e '_:'-,,1 ~if.. C0iin!y C0'!lmi'5~!_Or)(T
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l</d\LEEN F.':. D<::-' GU\I<ER, nlrk of r!~"C" fircui!
Court Ex-Offi(:ici- <Ic-~rk to the ~D"Jr~rpf.:Count\
COmm~"S5iO rs; 'P~I-I~~t.Y/:J<"I~:h'la"
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By: .. ............ i..:....,."..".."..,
Deputy Clerk