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UTILITY INSTALLATION ON GULF BOULEVARD _ .L~,. " , . ] I JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: GULF BOULEVARD PROJECT LIMITS: FROM: INDIAN ROCKS BEACH TO: CLEARWATER CITY LIMITS PROJECT PID No: 7004 CONTRACT No: 2561 This AGREEMENT, made and entered into on the of ),~'j<A6-f subdivision of the State of Florida, hereinafter called COUNTY, and 1/ l!:: day , 1992, by and between PINELLAS COUNTY, a political The City of Clearwater, a corporation of the State of Florida, hereinafter called COMPANY. WITNESSETH: WHEREAS, the COUNTY intends to construct improvements to GULF BOULEVARD hereinafter referred to as the PROJECT, which shall call for the adjustment, relocation, and/or installation of the COMPANY'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 PWETWM:13 Page 1 of 6 05-28-92 e(V,'~ .Vtm~ 00- //2 ' /" ' . I . ..""."~.......,v-'-'---...."..:.,,....._:.._..._n__......, ...... ".-......'...;,.'_...~. ;;._........,'.,.,,;.._". ....,...~....,'_..........~,,,.._...~. .....---.--..-------.--------..-..--....---..--......-----------.---... " .' ) I WHEREAS, ~the COUNTY's plan~ for the PROJECT have been ~eviewed by the ".. COMPANY and the COMPANY has had an opportunity for input into said plans, and, " WHEREAS, the COUNTY and the, COMPANY 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 "utili ty work" and, WHEREAS, the COMPANY 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 COMPANY'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 COMPANY's "utility work" wi thin the limits of the PROJECT, is more specifically described as: installing 4" gas main Alone Gulf Boulevard 2. The COMPANY will prepare, at its expense, the des ign of plans and specifications for all the COMPANY I S necessary "utility work" described above and will furnish to the COUNTY no later, than July 1 19~, complete and reproducible plans on standard size sheets (24" x 36"), together wi th a complete set of specifications covering all construction requirements for the "utili ty 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, witb a "final estimate of cost," required to accomplish the "utili ty work", said estimate to be satisfactory to the COUNTY. The plans and specifications shall be signed and sealed by a Regi stered Professional Engineer. 3. It will be the responsibility of the COMPANY to coordInate the development of the "utility work" plans with the COUNTY's plans for the PROJECT. The COUNTY, upon request by the COMPANY, will furnish PWETWH:13 Page 2 of 6 05-28-92 . ' PWETWH:13 I I all available roadway information required by the COMPANY for the coordinat.ion and development of the "utility work" plans, and the COUNTY shall cooperate fully with the COMPANY to this end. 4. The COMPANY shall obtain all necessary permits for construction of the utility work, including the Pinellas County's "Right-of-Way Utilization Permit", and provide a copy of the same to the COUNTY so as not to affect the construction of the PROJECT. 5. The COUNTY does not warrant the accuracy of the COUNTY's suney information. The COMPANY will be responsible for reviewing the COUNTY's survey information and will be responsible for any changes to the COMPANY's plans made necessary by errors and omissions in the COUNTY's survey information. 6. All survey for construction of the "utility work" will be furnished by the COUNTY under the direction of the COUNTY's ENGINEER. 7 . The coordination of the COMPANY's "utility work" with that of the roadway contractor and other utili ties and/or their contractors will be the responsibility of the COUNTY. The COMPANY 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 COMPANY's "utility work", shall be remedied irrunediately with the full force and power available to the COMPANY. '! 8. All of the work, pursuant to this JOINT PROJECT, is to be done in substantial accordance with the plans and specifications of the COMPANY {if any} 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 COMPANY's "utility work" shall be promptly furnished to the COUNTY. 9. The COMPANY will provide the necessary construction and engineering inspection of the COMPANY's utility work to determine if construction is generally in compliance with the plans and specifications. The COMPANY's inspector shall immediately notify the COUNTY inspector of any objection to the "utility work". 10. 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 COMPANY, in writing, of the COUNTY's intent to award the contract to the low bidder. This notification shall include the amount for the "utility work" option. The COMPANY shall 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 COMPANY's intent to perform the "utility work" with the COMPANY's own forces or its own contractor. In order not to delay the construction of this project, the COMPANY 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 COMPANY does not have the right to delay or affect, in any way, the award of the contract. Page 3 of 6 05-28-92 I I In the event the COMPANY, in performing the "utili ty work", causes a delay t~( the COUNTY's construction of this project, the COMPANY agrees t~ pay all claims and costs incurred due to the delay. In the event the COUNTY, for any reason, decides either not to proceed wi th the PROJECT or halts cons tructi on of the PROJECT, the COUNTY will not be responsible for any "utility work" not completed. 11. The COMPANY shall participate in the des ign, utility pre-construction and other meetings as necessary coordination. coordination, for PROJECT 12. All adjustment, relocations, repairs, maintenance, and incidentals requir'Jd to be performed to the COMPANY I S existing utili ties wi thin this PROJECT, not included in the "utility work" will be the sole responsibility of the COMPANY. All such work is to be coordinated wi th the construction of this PROJECT and in a manner that will not cause delay to the COUNTY's PROJECT contractor. 13. The COMPANY's comments and suggestions are invited and will be considered by the COUNTY; however, all services and work under the cons truction contract shall be performed to the sati sfaction 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 work"; the prosecution and fulfillment of the! services thereunder, and the character, quali ty, a~mount and value thereof; and his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 14. The COMPANY hereby certifies that funding for the preliminary estimated "utility work" cost of $ 110,375 including 5% for construction/contract administration has been appropriated and is available for payment (attached to this agreement as Exhibit "A".) In the event the actual cost exceeds the final estimate of cost, the COMPANY shall reimburse the COUNTY for such actual cost. 15. Upon completion of the entire PROJECT, which will be determined jointly by the COUNTY and the COMPANY, the COMPANY shall own, control, maintain and be responsible for all COMPANY utility facilities involved according to the terms of the Pinellas County Right-of-Way Utilization Permit as attached as Exhibit B. The COMPANY further agrees that it will maintain and keep in repair, or cause to be' maintained and k.ept in repair, all of such constructed facilities or utilities. 16. The COMPANY shall defend, save and hold harmless the COUNTY from any and all legal actions, claims or demands by any person or- legal entity against the COUNTY arlslng out of the participation in this agreement by the COMPANY, inclUding delay claims arising from the COMPANY'S performance of its own "utility work", or use by the COMPANY of the completed "utility work", subject to the defenses and limitations available to the COMPANY pursuant to Section 768.28, Florida Statutes, as the same may be amended from time to time. The COMPANY and the COUNTY agree that the COUNTY will pay Ten and 00/100 Dollars ($10.00) to the COMPANY as separate consideration for this PWETWM:13 Page 4 of 6 05-28-92 11':~ ~ .'1. I I indemnification and any other indemnification of the COUNTY by the COMPANY /provided within this Agreement, the sufficiency of such separate consideration being acknowledged by the COMPANY by the. COMPANY'S acceptance and execution of the Agreement. 17. Upon receipt of invoices prepared in accordance with the provlslons of this agreement, the COMPANY agrees to reimburse the COUNTY in the amount of such actual cost. The COUNTY will invoice the COMPANY monthly for all costs incurred under this Agreement as certified by the COUNTY's inspector, and the COMPANY agrees to pay the COUNTY within thirty (30) days. 18. Upon completion of the entire PROJECT, the COUNTY shall, wi thin one hundred eighty (180) days, furnish the COMPANY 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 shall show the description and site of the project, the date on whi~h 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 made in the billing to the COUNTY I S records, accounts or other relevant documents. All cost records and accounts shall be subj ect to audit by a representative of the COMPANY. 19. Upon completion of the entire PROJECT, the COUNTY shall, within one hundred eighty (180) days, furnish the COMPANY with one (I) set of "as built" ("record"), standard size sheet (24" x 36") "ut.ility work" plans. 20. Upon completion of the entire PROJECT, the COUNTY 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 COMPANY under the same terms and conditions as that warranty applies to facilities constructed or installed on behalf of the COUNTY. 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. PWETWM:13 Page 5 of 6 05-28-92 .. ~"t .. J, ~ . " I I JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR ATTEST: Karleen F. DeBlaker, Clerk PINELLAS COUNTY, FLORIDA, by and through its Board of County Commi ss ions By: h ~/f~ Deputy Clerk (Seal) BY:~ Cha i rman Approved as to form: J~~-/~~ County Attorney FLORIDA By: ita Garvey Mayor-Commissioner ~ M. A. Galbra th City Attorney correctness: Attest: - -c " f:-l~D. ~ Goudeau PWETWM: 13 Page 6 of 6 05-28-92 TO: FROM: COPIES: SUBJECT: DATE: I ',I CGS C I T Y 0 F C LEA R W ATE R Interoffice correspondence Sheet Cindy Goudeau - City Clerk J. Terry Neenan - Gas Superintendent %iJ j.~ t I/N Kelly O'Brien; File Joint Project Agreement - Gulf Blvd. (Ind. Rcks Bch to Clearwater city Limits C.I.P. No. 7004 - Contract #2561 August 28, 1992 Please find enclosed one original of the above-referenced Joint Project Agreement that has been completely executed by both City and County. We have forwarded a copy to City Attorney for their files. JTN:nt ~~(g ~ U ~ ~ ~ F; I. l-:,~ t. It r., ' ;'1; ',', -,2 .. ",I,) ; CllY CLERK oarr: