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JOINT UTILITY AGREEMENT CONTRACT NO.2266/ALLIGATOR CREEK I I -t JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: ALLIGATOR CREEK CHANNEL · A. DETENTION AREA AT LOGAN STREET PROJECT PID NO: 1171 CONTRACT NO. 2266 This AGREEMENT, made and entered into on the ;;2d (( day of .f);~ttN , 19 ~, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter called COUNTY, and City of Clearwater, a corporation of the State of Florida, hereinafter called CITY. WITNESSETH: WHEREAS, the COUNTY intends to construct improvements to Alligator Creek Channel "A" Detention Area at Logan Street 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 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, PWETWM.30/26 1 of 6 Revi$ed 11-12-93/TWM ~C~//:;'-O() (20) I I 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, 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: Relocation and adjustment of City of Clearwater sanitary sewer 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 June 6, 1994, 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. 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 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. PWETWM.30/26 2 of 6 Revised 11-12-93/TWM I I 5. The COUNTY does not warrant information. The CITY will survey information and will CITY's plans made necessary survey information. the accuracy of the COUNTY's survey be responsible for reviewing the COUNTY's be responsible for any changes to the by errors and omissions in the COUNTY's 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 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 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. 8. 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 or Supplemental Agreements pertaining to the CITY's "utility work" shall be promptly furnished to the COUNTY. 9. 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". 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 CITY, 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 CITY 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 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. PWETWM.30/26 3 of 6 Revised 11-12-93/TWM " I I 11. The CITY shall participate in the design, utility coordination, pre-construction and other meetings as necessary for PROJECT coordination. 12. All adjustment, relocations, repairs, maintenance, and incidentals required to be performed to the CITY's existing utilities within 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. 13. 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 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, quality, amount and value thereof; and his decision upon all claims, questions and disputes thereunder shall be final and conclusive upon the parties hereto. 14. The CITY hereby certifies that funding for the preliminary estimated "utility work" cost of $155,295.00 including 5% for construction/contract administration has been appropriated and is available for payment. In the event the actual cost exceeds the final estimate of cost, the CITY shall reimburse the COUNTY for such actual cost. 15. The COUNTY will allow the CITY to utilize 4.5 Acre-Feet of storage in the pond to attenuate the stormwater runoff volume from the adjacent solid waste facility on the "Campbell Property". 16. Upon completion of the entire PROJECT, which will be determined 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 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 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 arising out of the participation in this agreement by the CITY, including delay claims arising from the CITY'S performance of its own "utility work", or use by the CITY of the completed "utility work", subject to the defenses and limitations available to the CITY pursuant to Section 768.28, Florida Statutes, as the same may be amended from time to time. The CITY and the COUNTY agree that the COUNTY will pay Ten and 00/100 Dollars ($10.00) to the CITY as separate consideration for this indemnification and any other indemnification of the COUNTY by the CITY provided within this Agreement, the sufficiency of such separate consideration being acknowledged by the CITY by the CITY'S acceptance and execution of the Agreement. PWETWM.30/26 4 of 6 Revised 11-12-93/TWM I I f' 18. Upon receipt of invoices prepared in accordance with the provisions of this agreement, the CITY agrees to reimburse the COUNTY in the amount of such actual cost. The COUNTY will invoice the CITY monthly for all costs incurred under this Agreement as certified by the COUNTY's inspector, and the CITY agrees to pay the COUNTY within thirty (3D) days. The COUNTY shall forward all invoices for processing to the CITY's representative as shown: City of Clearwater Enqineerinq and Public Works Department Department P. O. Box 4748. Clearwater. Fl. 34618-4748 Address Attn: Claude Howell 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 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 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 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 (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 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 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.30/26 5 of 6 Revised 11-12-93/TWM ~ -~ .. .. I i JOINT PRo.JECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR CITY OF CLEARWATER, IN PINELLAS COUNTY, FLORIDA By: Elizabe Countersigned: By: oner ;A.T;T~ST: . .K.arleen '1". DeBlaker, Clerk ~';:)~~/i~ 'B~;r.~ ~ , - Deputy Clerk (Seal) Countersigned: BY: APPROVED AS TO FORM (J J~ BY: A.A.A1-,l 1 Office of County Atto ney PWETWM.30/26 6 of 6 (Seal) Approved as form and correctness: i2~~~/ Office of City At orney PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners BY: BY: (Seal) ATTEST: Revised 11-12-93/TWM TO: FROM: SUBJECT: DIST: DATE: I I Claude Howell, Clearwater Engr. (original) Jerry Herron, Administrative Manager Central File (original) Project Utility File Charles R. Norwood, P.L.S., Chief Land Surveyor Serge Louis, Account System Specialist, Fiscal Accounts Elmer Spence, Planning & Programming Lloyd Thomas, Division Engineer, Construction Division David Talhouk, Project Manager Robert C, Janowski, PWES I, Utility Coordinator ~lt J.P.A. - Clearwater Utilities Project: Alligator Creek Channel "A" @ Logan Str t Contract No. 2266 PID No. 1171 Jim Collins, P.E., Senior Engineer, Design Division (MEMO ONLY) Jan R. Herbst, P.E., Senior Professional Engineer (MEMO ONLY) Ivan J. Fernandez, P.E., Senior Professional Engineer (MEMO ONLY) Robert Powell, Right-of-Way Administrator (MEMO ONL~) December 29, 1994 Attached, please find one (1) copy of the subject Joint Project Agreement executed by the Pinellas County Board of County Commissioners on December 20, 1994. If you have any questions please feel free to contact me at 464-3713. CITY OF CLEARWATER ENGINEERING OEPARTMENT Attachment PWDLDW.247/18 rD)Ui~O\'H~ Uti JAM 11185 W \\~ ~~"~~~ ,^) \> ) \ \ .\J\ '\ , \~ , C ~ \ \-' \J "\~ \~) O:f ' \', \ \l ~fl " 0("'\ \0 tx ,-w\ I \ to ,..---, I"'. '.._' ._~h",- \ L:~ ~;;5M ,..--, ~,.. ,'..:'" 1,.....\1 ~ ",' ..!~) \ n r;r.~ n "~l B l-I \,~I.... ~ \.:0:_ Q HCS 0 JWR i COPl ES TO: , FILE: :.J ~!JM o CHF D HB OGAi ~ I ~ l' If'W'-.~ No. zl B.C.C. ' 6:33 P.M. 12-20-94 BARNES/Wathen #21 JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY ROADWAY CON- TRACTOR WITH CITY OF CLEARWATER FOR ALLIGATOR CREEK CHANNEL "A" DETENTION AREA AT LOGAN STREET PROJECT, CONTRACT NO. 2266 - APPROVED FOR EXECUTION County Administrator Fred E. Marquis recommended approval of a Joint Project Agreement for Utility Installation I 1. ~ by Roadway Contractor with the City of Clearwater for the Alliga- tor Creek Channel "A" Detention Area at Logan Street Project, Contract No. 2266. In his memorandum of December 12, 1994, Mr. Marquis indicated, in part, that the City of Clearwater has requested to participate in County contracts for the adjustment, relocation and installation of utilities for the subject project; that the agreement has been developed to detail the coordination of the project between the County and the City of Clearwater and pro- vides for actual cost reimbursement plus charges to the County for construction/contract administration; and that the City has obligated the amount of $155,295.00 for this project. Commissioner Parks moved, seconded by Commissioner Seibert and carried, that the recommendation of the County Admin- istrator be approved.