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JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION (2) ~ - ".... 1 BOA:R!=> OF COUNTY ~ .iI" ~:: l'i t!,.'C ~ 1", .~ & r; " ~; ~,;,' COMMISSIONERS NOIJ 8 1988 JOHN-CHESNUT, JR. _ CHAIRMAN BRUCE TYNDALL--- VICE CHAIRMAN GEORGE GREER CHARLES E. RAINEY BARBARA SHEEN TODD UTILrrv CiE'Pi"YT;'::c'R November 3, 1988 Mr. Ceci 1 M. Henderson, Jr., P. E. City of Clearwater P.O. Box 4749 Clearwater, FL 34618 Re: McMullen Booth Road (CR 611) Dear Mr. Henderson: I I ofl5/ g.g-;;()() COMMISSIONE~S PINELLAS COUNTY, FLORIDA DEPARTMENT OF PUBLIC WORKS 440 COURT STREET CLEARWATER, FL 34616 PHONE: (813) 462-3251 ~J NOVlo 7<;r'lr '!.'.j'-'b' . C. . ]"lIlr r'f ~_........... ;:7::_)____-_ - ~"'-'-~.I.:U:~ Enclosed herewith is the Joint Project Agreement for Utility Installation by Hi ghwayContractor approved by the County on October 25, 1988 for the above referenced project. If we can beef further assistance, please advise. Sincerely, ~... J~ 'J-J//= i ae 1 N. Zembil~ti 1 i ty Engi neer .... Department of Engineering/Utility Division .,~):r; ..., .if'?, ...... Df~~">t{!' ~r " '''D~'~/fr'/ J (~~111;q;C/', /.1\1 . .., (J~V ~M;J pc", -r i--'i ,j [J ',-,".;'.\:,:" ~ ':.., 'or. J, i'l ~' Li H\'{ ,. [I :~'(';,'-'::iin-,l ~] 7.CC':l1\;1l:.; o ~;a<,: ...;" -,"''''.1 PINELLAS-- COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER ry'. ." ;~ . " ,/ ~l / ~?_(~~:,) ~, , l _:.(, JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY HIGHWAY CONTRACTOR COUNTY ROAD NO.: C.R. 611 NAl'lE: }Idlullen-Booth Road LIHITS FROM: S.R. 60 (Gulf-to-Bay Blvd.) TO: C.R. 576 (Sunset Pt. Rd.). CONTRACT NO. THis AGREEHENT, made and entered into on the 5t~ij day of((!~tw- 19~. by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter called COUNTY, and the CITY OF CLL~WATER a municipal corporation of the State of Florida, hereinafter called CITY. I.'ITln:SSETB: \~jHE...'R...E....;S, the COUNTY is constructing, reconstructing or other.....rise changing a portion of the County High"ay S)'s tem designated by the COU1,TY as Coune)' Road No. beeween SR60 (Gulf-to-Bay Blvd.) and CRS76 CR611 1~a~e Hc.!'1ullen-Boor:h RG.. (Sunset Pt. Rd.) , he=einafte~ refe~=ed to as the PROJECT which shall call for the adjustment, ~elocation and/or installation of CITY of CLElJmATER ut;lities facilities along) over and/or under said highHay, ano., h'nZR~_S, the plans for ~he said construction, reconstruction or other changes to be made, ~s above described, have been reviewed by the CITY aud the CITY I I has had an opportuniLY for input into said plans and, whereas, above described utility activir:ies to hereinafter be designated as "Utility ~ork", and, h'nER.:E...L_S, the term "cas:: of Utility '\~ork" shall include the entire e.IDount to be paid by the CITY for such utility work as provided h~rein. Pege 1 of 5 e~'. ~ Il/llf{?J- ;,r__ ./' ,. -, I t ...1 \.IHEREAS, the CITY has expressed its desire to assume all reasonable and necessary costs to be incurred for this "Utility "'ork" and has requested the COUl\'TY to include in said PROJECT certain plans and specifications to meet the CITY'S needs, and \.IHEREAS, the COUNTY and the CITY 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 a JOINT PROJECT providing for such work. 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 ,,-hereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as folloHs: 1. The COUNTY and the CITY shall participate to erea te a JOINT PROJECT, the scope of which is to include the CITY'S utility HOck within the limits of the PROJECT as included in the plans and estimare of the PROJECT, more specifically described as CR611 (HcHullen-Booth Rd.) from SR60 (Gul::'-to-llay) to CR576 (Sunset Pt. Rd.) . 2. The CITY viII prepare, at its expense, the design and plans for all the CITY1 S necess2ry "Utility 'Jork" specified above, and ....,.ill iu:-nish to the COUNTY no .later than 1988, complete original plans on standard size sheets (22" x .36"), all suitable for-=eproduction by the COUHTY, together ,..;rith a cOwplete set of specifications covering all construction require~ents for the "Utili-c)T 1,iork." Final "Utility Hark" plans shall be. complete in every detail 2nd viill inc.lude a "SuUlroary of Quantities" sheet. It vtill be t.he responsibility of the CITY to coordin2~e the develop~ent of the "Utility jo:ork" plans .....Tith the COUNTY'S highiJay job plans. ~ne COUNTY, upon request by the CITY, will furnish all available highway informa;:ion required by t:he CITY for 'the develop~ent of the "Utility '~ork" plans;" and the COill~TY shall cooperate fully with the CITY to this end. 3. P~l of the work on the JOINT PROJECT is to be done according to the plans and specifications of the COUNTY which plans and specifications are, by reference hereto, made a part hereof. Tne CITY will be responsible fo~ verifying the accuracy of the COill\TY.S underground survey information, and will also be responsible for any changes to the CITY'S plans made necessary by errors or owissions in the COm~TY'S survey inforwatio:l. as furnished to the CITY. J.~l errors, omissions, or cne.nges in the desig:l. of the CITY'S "Utility 'i~ork" ,,;rill be the sole responsibility of the CITY. In any conflict between the CITY and COUJ\'7Y plans or specifice.tions, the COlJl~TY' S pl~ns or specificazions will gove~n. Page 2 of 5 ~. , t 4. The CITY, on request and at its expense, will furnish all engineering inspection, testing and supervision of the "Utility Work", and will also furnish the COUNTY'S ENGINEER with progress reports for diary records, approved and accepted quantities and amounts for weekly, monthly and final pay estimates. All field survey control for the "Utility Work" will be furnished by the COUNTY under the supervision of the COUNTY'S ENGINEER. The coordination of the CITY'S "Utility Work" with that of the highway contractor and other utilities and/or their contractors will be the responsibility of the COmiTY, and the CITY shall cooperate fully in this matter. All information required for Change Orders or Supplemental Agreements pertaining to the CITY'S "Utility ,10rk" shall be promptly furnished to the COmiTY by the CITY upon the request of the COUNTY. 5. The COUNTY will provide the necessary engineering inspection to determine if construction is generally in compliance with the plans and specifications hereinabove referred to, and shall receive all bids for and let all contracts for said "Utility Work", all at the sole expense of the CITY. All bids for said "Utility Work" shall be taken into consideration in the award of bid on the PROJECT and the CITY shall have the right to reject any or all bids on the "Utility Work", In the event of rejection of bids for the "Utility Work", the PROJECT contract documents will be so amended prior to award and the CITY ~~ll, at its expense, arrange for the prompt construction of the "Utility Work" so as to cause no delay to the prosecution of the PROJECT work by the COUNTY'S contractor. 6. All adjustment, relocations, repairs and incidentals required to be performed to the existing CITY utilities within this PROJECT, not included in this contract, 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 ~~ll not cause delay to the PROJECT contractor. 7, 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 \lork"; the prosecution and fulfilJJnent 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. 8, The CITY hereby certifies that a total project cost of $644,442.48 (which includes 8% for construction, engineering and inspection) has been approved by the CITY COrllUSSION, and that funds have been appropriated and are available for payment. Progress payments will be made to the COmiTY by CITY check within ten (10) days of receipt of a County invoice detailing the payment request. 9. Upon completion and joint acceptance of the work, the CITY shall own, control, maintain, and be responsible for all CITY utility facilities involved, according to the terms of the standard permit required by the State Statutes for occupancy of public rights-of-~ay. Toe 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. Page 3 of 5 'i- >, , , l' .~ 10. The CITY shall defend, save and legal actions, clai~s or demands by any arising o~t of the participation in this of the completed "Utility Work", except from the negligence of the COUlITY, or its not be deemed a waiver by the CITY of CITY pursuant to Section 768.28, Florida time to ti[;le. hold harmless the COUNTY from any and all person or legal entity against the COUNTY Agreement by the CITY or use by the CITY of for actions, claims or demands resulting agents or employees. This paragraph shall any defense or limitation available to the Statutes, as the same may be amended from 11, Upon completion of the work, the COUNTY shall, within one hundred eighty (laO) 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. The final billing shall show the description and site of the project; the date on which the fitst ,,'ork was performed; the date on ,,'hich 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 ,;here 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. Upon receipt of invoices prepared in accordance wi1:h the provisions of this Agreement, the CITY agrees to reimburse the COUNTY in the amount of such actual cost. The COUlITY w-ill invoice the CITY monthly for all costs incurred under this Agreement and the CITY -agrees ~o pay the COUl,IY within ten (10) working days. 12. The cost dedicated prior COUliTY . of relocation to existing of City Pinellas of Clear~ater utilities vithin easements County rights-af-way shall be borne by the P2.ge 4 of 5 . \'11E.~F , cau!d IN k"ITKESS the parties hereto have these presents to be executed by their duly authorized officers, and their officials seals hereto affixed, the day and year first above ..yritten. CITY OF CILARk'ATER, a municipal corporation of the State of :::""~ -:t ~ Clty Manager Date PINELLAS COUNTY, a political subdivision of the State of Flon~'.__~! !1 By: ~~~~ CRAmr,.gr - 1-' ATTEST: ATTEST: Karleen F. De Blaker, Clerk By: o~...-.'~.:.~.'. ~O.~~_~.b-'I_'rJ i+~F.CHYCi~ U:' .-: . Countersl:g-.ned: _..- Yo"-co=?,ittY7-~~ By: h-<#~ / Deputy Clerk (Seal) l Seal) APPROVED AS TO FOPJ-j: By :/~/c~;;tt~e)' {2~/.vt".~ Approved as to form and correctness: c~~ P2ge 5 of 5