UTILITY INSTALLATION - UNION STREET FROM SOULE ROAD TO MCMULLEN BOOTH ROAD
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No. I '1
B.C.C. 03-25-97
9:35 A.M. Anita Howe
#17 JOINT PROJECT AGREE\1ENT FOR UTILITY INSTALLATION BY
ROADWAY CONTRACTOR (PID NO. 10051, CONTRACT NO. 2428) WITH
CITY OF CLEARWATER FOR CONSTRUCTION OF UNION STREET FROM
SOULE ROAD TO McMULLEN BOOTH ROAD - APPROVED FOR
EXECUTION
Assistant County Administrator D. Gay Lancaster recommended
approval of a Joint Project Agreement for Utility Installation by Roadway
Contractor (PID No. 10051, Contract No. 2428) with the City of Clearwater for
construction of Union Street from Soule Road to McMullen Booth Road.
Commissioner Todd moved, seconded by Commissioner Parks and
carried, that the recommendation of the Assistant County Administrator be
approved.
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No. I '1
B.C.C. 03-25-97
9:35 A.M. Anita Howe
# 17 JOINT PROJECT AGREE\1ENT FOR UTILITY INSTALLATION BY
ROADWAY CONTRACTOR (PID NO. 10051, CONTRACT NO. 2428) WITH
CITY OF CLEARWATER FOR CONSTRUCTION OF UNION STREET FROM
SOULE ROAD TO McMULLEN BOOTH ROAD - APPROVED FOR
EXECUTION
Assistant County Administrator D. Gay Lancaster recommended
approval of a Joint Project Agreement for Utility Installation by Roadway
Contractor (PID No. 10051, Contract No. 2428) with the City of Clearwater for
construction of Union Street from Soule Road to McMullen Booth Road.
Commissioner Todd moved, seconded by Commissioner Parks and
carried, that the recommendation of the Assistant County Administrator be
approved.
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JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME: CONSTRUCTION OF UNION STREET
PROJECT LIMITS: FROM: SOULE ROAD
TO: MCMULLEN BOOTH ROAD
PROJECT PID NO:
10051
CONTRACT NO.
2428
This AGREEMENT, made and entered into on the d ~...L day of frl ~ 1921,
by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter
called COUNTY, and
CITY OF CLEARWATER, FLORIDA
, a
corporation of the State of Florida, hereinafter called COMPANY.
WITNESSETH:
WHEREAS, the COUNTY intends to construct improvements to Union Street
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
WHEREAS, the COUNTY's plans for the PROJECT have been reviewed by the
COMPANY and the COMPANY has had an opportunity for input into said plans, and,
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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 "utility 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" within the limits of the PROJECT, is more specifically
described as: Relocation. adjustment and installation of City of Clearwater water and
sanitary sewer facilities.
2. The COMPANY will prepare, at its expense, the design of plans and specifications for all
the COMPANY's necessary "utility work" described above and will furnish to the
COUNTY no later than January 17, 1997 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 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 all available roadway information required by the COMPANY for the
coordination and development of the "utility work" plans, and the COUNTY shall cooperate
fully with the COMPANY to this end.
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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 ofthe PROJECT.
5. The COUNTY does not warrant the accuracy of the COUNTY's survey 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 utilities 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 immediately 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".
1 O. 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 ofthe COMPANY's intent
to perform the "utility work" with the COMPANY's own forces or its own contractor.
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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. In the event the COMPANY, in
performing the "utility work", causes a delay to the COUNTY's construction of this project,
the COMPANY 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.
11. The COMPANY 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 COMPANY's existing utilities within this PROJECT, not included in the "utility work"
will be the sole responsibility of the COMPANY. 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 COMPANY'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 ofthe 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 COMPANY hereby certifies that funding for the preliminary estimated "utility work"
cost of $275,400.00 including 8% 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 COMPANY shall reimburse the COUNTY for such actual cost.
15. Upon completion ofthe 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. The COMPANY 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.
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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 arising 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 00/1 00
Dollars ($10.00) to the COMPANY as separate consideration for this 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 provisions 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. The COUNTY shall forward all invoices for processing to the
COMPANY's representative as shown:
City of Clearwater
Engineering Department
Department
100 South Myrtle. Clearwater. FL 34616
Address
Attn: C. Howell
18. Upon completion of the entire PROJECT, the COUNTY shall, within 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 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
COMPANY.
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19. Upon completion of the entire PROJECT, the COUNTY shall, within one hundred eighty
(180) days, furnish the COMPANY with one (1) set of "as built" ("record"), standard size
sheet (24" x 36") "utility 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 ofthe 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.
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JOINT PROJECT AGREEMENT
FOR
UTILITY INST ALLA TION BY ROADWAY CONTRACTOR
CITY OF CLEARWATER, IN
PINELLAS COUNTY, FLORIDA
By: ~~-if&-
Elizabe . D tula, City Manager
(Seal)
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Countersigned:
ATTEST:
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Cyn ia E.'~~u, City Cler\<' :..,
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By:
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Approved as formiand,:
correctness:
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Pamela K. Akin, City Attorney
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PINELLAS COUNTY, FLORIDA, by
and through its Board of
County Commissioners .l:s:::
By:3~~~81rman
ATTEST: ,
Kai-ieen' E: DeB laker, Clerk
BY: ~'.b'.4)J4 -f2~ ~~d___
Dep~ty'qerk (Seal)
Countersigned:
BY:
BY:
(Seal)
APPROVED AS TO FORM
BY: f~1 ;A,{) iJ-.~u-~
Office of County Attorney
ATTEST:
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