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JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR - MCMULLEN BOOTH ROAD AT SR 590 JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: PROJECT LIMITS: PROJECT PID NO: McMullen Booth Road @ S.R. 590 Intersection Improvement 8]6 This Agreement, made and entered into on the / #- day of ~2004, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter called County, and the City of Clearwater, a Municipal Corporation of the State of Florida, hereinafter called City. WITNESSETH: WHEREAS, the County intends to construct improvements to McMullen Booth Road and S.R. 590 hereinafter referred to as the Project, which will call for the 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'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 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, 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, McMullen Booth Road @ SR 590.;.. City of Clearwater JP A I of 5 12-03-03/JSC NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar ($] .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: The installation of two offsets in a City owned water main and the replacement of the service line piping associated with the relocation of water services/meters along the right of way adjacent to SR 590. 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 furnishto the County no later than June 30th, 2004, 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 will 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 will 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 will cooperate fully with the City to this end. 4. The City will obtain all necessary permits required for construction of the 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 the construction of the "utility work" will be furnished by the County, under the direction of the County's Engine~r. 8. The coordination of the City's "utility work" with that of the roadway contractor and other utilities and/or their contractors will be the responsibility of the County. The City will 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," will be remedied immediately with the full force and power available to the City. McMullen Booth Road @ SR 590 - City of Clearwater JP A 20f5 12-03-03/ J SC 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 (if any) which plans and specifications are, by reference hereto, made a part hereof. All information required for field changes, change orders orSupplemental Agreements pertaining to the City's "utility work" will be promptly furnished to the County. 10. 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 will immediately notify the County inspector of any objection to the "utility work." ] 1. The County will be responsible for the bidding and award of the Construction Contract and will 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 will notify the City, in writing, of the County's intent to award the contract. This notification will include the amount for the "utility work" option. The City will have five (5) days from receipt of the County's notification to request, in writing, that the County delete this option, and to 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. ] 2. The City will participate in the design, utility coordination, pre-construction and other meetings as necessary for Project coordination. ] 3. 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 invited and will be considered by the County; however, all services and work under the construction contract will be performed to the satisfaction of the County's Director of Public Works, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of such contract for "utility work;" the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and who's decision upon all claims, questions and disputes thereunder are final and conclusive upon the parties hereto. .. 15. The City hereby certifies that funding for the preliminary estimated "utility work" cost of $30,063.30 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 will be due to the McMullen Booth Road @ SR 590 - City of Clearwater JP A 30f5 12-03-03/JSC " County 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 will 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 owed. ] 6. Upon completion of the entire Project, which will be determined jointly by the County and the City, the City will 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, or cause to be maintained and kept in repair, all of such constructed facilities or utilities. 17. The City agrees to indemnify, hold harmless, and defend the County from and against all claims, suits, actions, costs, attomey'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 performance of its own "utility work" or use by the City of the completed "utility work". ] 8. The County will forward all invoices for processing to the City's representative as shown: City of Clearwater Engineering Department Post Office Box 4748 Clearwater, Florida 33758-4748 Attn: Michael D. Quillen, PE, City Engineer 19. Upon completion of the entire Project, the County will, 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 performed 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 will show the description and site of the project, 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 will be made in the billing to the County's records, accounts or other relevant documents. All cost records and accounts will be subject to audit by a representative of the City. 20. Upon completion of the entire Project, the County will, within one hundred eighty (180) days, furnish the City with one (1) set of "as built" ("record"), standard size sheet (24" x 36") "utility work" plans. 21. Upon completion of the entire Project, the County will 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 terms and conditions as that warranty applies to facilities constructed or installed on behalf of the County. McMullen Booth Road @ SR 590 - City of Clearwater JPA 40f5 12-03-03/JSC . . JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: McMullen Booth Road @ S.R. 590 PROJECT LIMITS: Intersection Improvement PROJECT PID NO: -92-205l- 816 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, FLORIDA PINELLAS County, FLORIDA, by and through its County Administrator By:~'1L-lL . Illiam B. Ik>me II, City Manager BY:~ Stephen M. Spratt tf? ATTEST: BY: -[. /La Ot.~. WITNESS: BY: BY secre~ owYd BY: ~ ~k Office County Attorney APPROVED AS TO FORM APPROVED AS TO FORM: McMullen Booth Road @ SR 590 - City of Clearwater JP A 50f5 12-03-03/JSC