JOINT PROJECT AGREEMENT UTILITY WORK PID NO 920487 KEENE ROAD FROM SUNSET POINT ROAD TO VIRGINIA STREET / CITY WATER/SEWER
~, ~
- ,.....
I
I
c '+1 W4 -k.v I re.L.eY
~ ~
JOINT PROJECT AGREEMENT
UTILITY WORK
This Agreement, made and entered into on the ~ 9 day o~, 192Z 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 CITY.
WITNESSE1H:
WHEREAS, the COUNTY intends to construct improvements to:
PROJECT NAME: KEENE ROAD
PID No.
nG4B1.-
PROJECT LIMITS:
FROM:
SUNSET POINT ROAD
TO: VIRGINIA STREET
hereinafter referred to as the PROJECT, which shall call for the initial location, 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 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 this
JOINT PROJECT Agreement for the "utility work" and,
lof6
~
,n'''', -
C./'I ..
)
, ,
(~ .J
d
. ~.
.. I I
,;.
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, it is agreed by the parties as follows:
I. The CITY shall provide to the COUNTY all existing 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 CITY shall reimburse the COUNTY for subsurface utility locating costs. The
COUNTY will invoice CITY for its proportionate share. Payment will be due in
thirty (30) days.
3. The CITY shall review and accept the existing subsurface utility information
shown on PROJECT plans. The CITY shall notify the COUNTY of any
discrepancies and assist in resolution.
4. The CITY shall participate in the design, utility coordination, preconstruction, and
other meetings as necessary for PROJECT design development and construction.
5. The CITY at its expense, shall design and prepare plans and specifications for all
the CITY'S "utility work." CITY 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 CITY shall obtain all necessary permits for construction of the utility work,
including Pinellas County's "Right-of-Way Utilization Permit".
2of6
ffJ
'I
o.
< .'
J
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 CITY, in writing, of the COUNTY'S intent to
award the contract, and the amount bid for the "utility work." The CITY shall
have five (5) days from receipt of this notice to determine if the CITY 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). CITY shall give COUNTY immediate verbal notice
followed by written notice of CITY'S decision to OPT IN or OPT OUT.
8. If the CITY decides to OPT IN:
A. The CITY shall forward to the COUNTY, within 30 days of notice of the
bid amount for the CITY'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 CITY'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 CITY 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 CITY'S "utility work" shall be promptly furnished to
the COUNTY. Failure to do so will subject CITY 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 CITY
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 CITY agrees to pay the additional amount within 45
days of invoicing by the COUNTY.
3of6
t:fl
,\
."
, .1
J
I
"
E. Upon completion of the entire PROJECT, the COUNTY shall ensure that
any "utility work" warranty is passed on to the CITY 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 filrnish one (I) set of record drawings.
9. If the CITY decides to OPT OUT:
A. The CITY 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 CITY 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 CITY'S "utility work" will be the responsibility of the
COUNTY'S contractor. 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,
Failure to do so will subject CITY to pay for any added expense incurred by the
COUNTY
II. All adjustment, relocations, repairs, maintenance, and incidentals required to be
performed to the CITY'S existing utilities within the PROJECT, not included in
the OPT IN "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. Failure to do
so will subject CITY to pay for any added expense incurred by the COUNTY.
12. 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 ofPubJic 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".
40f6
~
..
e '~
,-l
I
I
13. Upon completion of the entire PROJECT, 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 its utilities and all such affected
infrastructure.
14. The CITY 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 CITY, including but not limited to claims by the Construction Contractor for
additional compensation related to the CITY'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 CITY 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.
5of6
r:fJ
,r'
r~ ,
.'
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 0 CLEARWATER, IN
PINEL S COUNTY, FLORIDA
BY:
Michael J. Roberto, City Manager
(Seal)
Countersigned:
By: ~ JL~
Brian Aungst, Mayor-Co ssioner
ATTEST: '.
~-f~'~ - ~o.-.
E. Goudeau,.. City Clerk
Approved as to form and correctness:
c- <:::7 ~ =>-
.-- ....
John C. Carassas, Assistant City Attorney
,.~., ":'''.1: ""~;'">,.
".
"~'~: ,,~-.,,:,". ~', "'~"y E~'~~';":<'~J.
Al'<f)!;S't. ,.',',
',,~ ' '" <';':< ",
'. ,l\arleeaJ;'~' De~!)it{sit, Clerk
',~ " .,. ......': '";;'-
': ~. ...':;' '.
PINELLAS COUNTY, FLORIDA, by
and through its Board of
coun~s:ioners f) /
By: {J (;IdAh!/
,
;" ,
....,By':. .~.'
....",,:,p~~~~qe~~.:~yJ--q 97
, " ,,' ,
." ,,"'"
Coun~ersjgned: '
BY:
BY:
(Seal)
APPROVED AS TO FORM
BY: ~ci.,~,"-;I2;
Office of County Attorney
ATTEST:
6 of6
pO