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JOINT PROJECT AGREEMENT UTILITY INSTALLATION KLOSTERMAN RD/ALT 19/US 19 - PROJECT PID NO. 920515 l I BOARD OF COLJNTY COMMISSIONERS PINELLAS COUNTY, FLORIDA COMMISSIONE~S ROBERT B. STEWART . CHAIRMAN CALVIN D. HARRIS - VICE CHAIRMAN SALL! E PARKS KAREN WilLIAMS SEEL BARBARA SHEEN TODD RECEIVED ,AUG 2 2000 DEPARTMENT OF PUBLIC WORKS 440 COURT STREET CLEARWATER, FLORIDA 33756 PHONE: (727) 464.3251 GAS t\uMIN. August l', 2000 Tom Robertson Clearwater Gas' Engineering Department 400 North Myrtle .Avenue Clearwater, FL 33755 Re:- Interlocal Agreement - Klosterman Road U.S.' 19A to U.S. 19 Utility Relocation Agreement Dear Mr. Robertson: Enclosed is an original of the fully executed agreement for reloc'ating Clearwater Gas Systems'utilities on the 'above referenced project. Following the receipt of bids~ you will be contacted by Mr. Dennis Moreno, our _.Ac'c:'bunting and Contract Manager, to arrange for' the tran'sfer of funds into a 'trust account should the Clearwater Gas Systems' decide to 'Iopt in" to the eounty's construction contract. Please call me if you have any questions. Jerry C. Herron Public Works 'Financial Manager !TIas ,enclosure cc: Bob Janowski, PW/Engineering, w/enclosure Ivan J. Fernandez"P.E., PW/Engineering, w/enclosu~e Rosemary E. Mingin, PWjC6nstruction ,Aqministration" w/enclosure Dennis J. Moreno, PW/AdministraticmJ" 'w/enclosure & Board minutes Public Works Central File, w/enclostire', & Board minutes James L. Tyler, BeC Finance~ w/enclosure Michelle Farmin, Bee Finane,e., wi enclosure Bee Records, w/o enclosure ~ , "pinellas County is an Equal, Opportunity Employer" . Member-Pinellas Partnership for a Drug Free Workplace ~J printed on recycled paper ( ": I I JOINT PROJECf AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: KLOSTERMAN ROAD US 19A1US 19 PROJECT LIMITS: FROM: CARLTON ROAD TO: US 19 PROJECT PID NO: 920515 This Agreement, made and entered into on the <2 S day of ~, 2000, by and State of Florida, hereinafter called between PINELLAS COUNTY, a political subdivision of the COUNTY, and CITY OF CLEARWATER, CLEARWATER GAS SYSTEMS, a Municipal Corporation in the State of Florida, hereinafter called CITY. WITNESSETH: WHEREAS, the COUNTY intends to construct improvements to KLOSTERMAN ROAD 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 lIbove described utility activities are to hereinafter be designated as "utility work," and WHEREAS, the COUNTY'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 C1TY have detennined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into this J01NT PROJECT AGREEMENT for the "utility work" and, KLOSTERMAN RD-USI9A TO US19 IPAdoc lof6 412S/OOIRCJ (}r) '. I"~ ' ~" LI ( " '6) , i I I WHEREAS. the CITY has expressed its desire to assume all reasonable and necellsary costs to be incurred for this "utility work" and has requested the COUNTY to include in said PROJECT certain plaJII 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: Removal of existing and installation of new natural gas facilities. 2. The CITY will prepare, at its expense, the design of plans and specifications for all the CITY's necessary "utility work" described above and will furnish to the COUNTY no later than May. 2000. complete and reproducible plans on standard size sheets (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" sheet and/or "Bill of Materials" identifying the items of work, with a "final estimate of cost," required to accomplish the "utility work," said estimate to be satisfactory to the COUNTY. The plans and specifications shall be signed and sealed by a Registered Professional Engineer in the State of Florida. 3. It will be the responsibility of the CITY to coordinate the development of the "utility work" plans with the COUNTY's plans for the PROJECT. The COUNTY, upon request by the CITY. will furnish all available roadway information required by the CITY for the coordination and development of the "utility work" plans, and the COUNTY shall cooperate fully with the CITY to this end. 4. The CITY shall obtain all necessary health permits, FDOT or other jurisdiction permits required for construction ofthe utility work. 5. Pinellas County will issue a "Right-of-Way Utilization Permit" upon execution of the agreement by both parties. 6. The CITY does not warrant the accuracy of the COUNTY's survey information. The CITY will be responsible for reviewing the COUNTY's survey information and will be responsible for any changes to the CITY's plans made necessary by errors and omissions in the COUNTY's survey information. 7. All survey for construction ofthe "utility work" will be furnished by the COUNTY under the direction of the COUNTY's ENGINEER. KLOSTERMAN RD-USI9A TO USI9 IPA.doc 2of6 4/2S/OOIRCJ 8. The coordinatio~ of the CITY's "utility work" with that of te 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. 9. All of the work, pursuant to this JOINT PROJECT, is to be done in substantial accordance with the plans and specifications of the CITY, 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. 1 Q, 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." I L 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 Director of Public Works shall notify the CITY, in writing, of the COUNTY's intent to award the contract This notification shall include the amount for the "utility work" option. The CITY shall have five (5) days from receipt of the COUNTY's notification to request, in writing, that the COUNTY delete this option or that the CITY will participate in the construction project; If the CITY is requesting for their work to be deleted, the CITY shall notify the COUNTY of the CITY'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 requesting 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 costs 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, the COUNTY will not be responsible for any "utility work" not completed. 12. The CITY shall participate in the design, utility coordination, pre-construction and their meetings as necessary for PROJECT coordination. 13. All adjustment, relocations, repairs, maintenance, and incidentals required to be performed to the CITY's existing utilities with 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. 14. The CITY's comments and suggestions are invitpd 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 detide all questions, difficulties and disputes of whatever nature which may arise under KLOSTERMAN RD-US19A TO USI9 )PAdoc 30r6 4125/001RCJ I I or by reason of such conlract for "utility work;" the prosecution and fulfillment of !be servicet thereunder, and !be character, quality, amount and value thereof; IIId his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 15. The CllY hereby certifies that funding for the preliminary estimated "utility work" cost of $185,000.00 including 5% for COUNTY construction/contract administration costs has been appropriated and is available for deposit into a trust account for the purpose of payments by the COUNTY to the contractor on the CITY's behalf. The deposit shall be due to the COUNlY no later than 30 days following the bid opening of the construction contract. Interest will accrue on the deposit balance and be used toward PROJECT costs. In the event the actual cost is under the final estimate of cost, the COUNTY shall reimburse the CITY any excess trust account funds. If the actual cost is over the final estimate of cost, the COUNTY will invoice the CITY for the balance qwed. 16. Upon completion of the entire PROJECT, which will be detennined 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 tenns of the Pinellas County Right-of- Way Utilization Pennit. 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. 17. The CITY agrees to indemnify, hold hannless, and defend the COUNTY from and against all claims, suits, actions, costs, attorney's fees, expenses, damages, judgments or decrees brought by or on behalf of any person or legal entity or property arising from the participation in this agreement by the CITY, including breach of contract, interruption, delay or related claims arising from the CITY's perfonnance of its own "utility work" or use by the CITY of the completed "utility work". 18. The COUNTY shall forward all invoices for processing to the CITY's representative as shown: .' Clearwater Gas Engineering Department 400 North Myrtle A venue Clearwater, FL 33755 Attn: Tom Robertson 19. 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 costs incurred in connection with the work perfonned hereunder, 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 perfonned 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. 20. Upon completion of the entire PROJECT, the COUNTY shall, within one hundred eighty KLOSTERMAN RD-USI9A TO USI9JPAdoc 40f6 412S/OO/RCl I I (180) days, furnish the CllY with one (I) set oC"u built" ("record"), IWidard size sheet (24" x 36") "utility work" plans. 21. Upon completion oCthe entire PROJECT, the COUNlY 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 teoos and conditions as that warranty applies to facilities constructed or installed on behalf of the COUNTY. KLOSTERMAN RD.USI9A TO USl9 JPA.doc 50f6 4125100/RCJ ~ I JOINT PROJECT AGREEMENT I FOR UTILITY INSTALLA nON BY ROADWAY CONTRACTOR PROJECT NAME: KLOSTERMAN ROAD - US 19A1USI9 PROJECT LIMITS: FROM: CARL TON ROAD TO: US 19 PROJECT PID NO: 920515 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. Countersigned: B:A!.t~ Mayor-Commissioner CITY OF LEARWATER, FLORIDA By: Michael J. Roberto City Manager Approved as to form: Attest: C2Y~ JohrfCarassas Assistant City Attorney ~,.<:::' ~ ~i. I~~ -.f.-J.-oe A)g~ Cy ia EO Goudeau City lerk PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners ~~\d . Chairman APPROVED AS TO FORM BY: ~ 6. ~<-.. :::-tJ1 Office County Attorney ATTEST: Karleen F. De BlaJ<J'r., .Clerk . ~~~~....,~~ BY:~'" Deputy Clerk ...... -"'~ ,--~ - ~\ ::~" i: :1' " \.....- (,. ,_.', L.. . . ", ~. ~ . ~ l .,......... ,. /','),',1",0',' ., '6QUY -'." ., , , PROJECT LOCATIO I KLOSTERMAN FROM US 19A TO .....-.- .-. . ..........:.:..,.:.:.:-:-,,-~:-:.:.,.:.:.:.:.;<.:< ROAD us ; 19 '*' .~ ... !J @0 .....,: .:";...;.;.x.:.:.;..-....... ~::wtmwtlt~~~: -}h?~!tWit PRDJECT AREA '" - INlIlsaRDO,; if ... ... ~~