UTILITY INSTALLATION - SUNSET POINT ROAD/U.S. 19/MCMULLEN BOOTH ROAD
~
I
!-.
t'
I
~ l~ua;bL> /,aJ
I'
!
No.
B.C.C. _ 9-16-97
6:35 P.M. BubiI1
I 9 -
#19 JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY
ROADWAY CONTRACTOR WITH CITY OF CLEARWATER FOR
CONSTRUCTION OF SUNSET POINT ROAD (C.R. 576) FROM U.S.
HIGHWAY 19 TO McMULLEN BOOTH ROAD (CONTRACT NO. 92032,
PID NO. 920474) - APPROVED FOR EXECUTION
Assistant County Administrator Jacob F. Stowers, III, recommended
approval of a Joint Project Agreement for Utility Installation by Roadway
Contractor with the City of Clearwater for construction of Sunset Point Road
(C.R. 576) from U.S. Highway 19 to McMullen Booth Road (Contract No.
92032, Pid No. 920474).
Commissioner Harris moved, seconded by Commissioner Todd and
carried, that the recommendation of the Assistant County Administrator be
approved.
[1(( rf;(:0~; St:. [!j
r~ f~il
,,~,"'il
;,;,,~~~ ~-'1
e"eT 0 1
u~. t,.
DEPT. OF ENGiNEERiNG
~{;-/ /2 ~,c
Go
!.
..
I
I
JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME: CONSTRUCTION OF SUNSET POINT ROAD (CR 576)
PROJECT LIMITS: FROM: U.S. HIGHWAY 19
TO: MCMULLEN BOOTH ROAD
PROJECT PID NO: 920474 CONTRACT NO. 92032
This AGREEMENT, made and entered into on the ;t .1J.... day of ~~ 19 JJ
by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter
called COUNTY, and the City of Clearwater, a corporation of the State of Florida, hereinafter
called CITY.
WITNESSETH:
WHEREAS, the COUNTY intends to construct improvements to Sunset Point 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 above described utility activities are to hereinafter be designated as
"utility work", and
pwdgs/jpasspr. doc
1 of 7
Revised 11-12-93/TWM
I
I
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 ofthe 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, adjustment, installment and removal of City of Clearwater
water, natural gas and sanitary sewer facilities.
2. The CITY will prepare, atits expense, the design of plans and specifications for all the
CIT~cessary "utility work" described above and will furnish to the COUNTY no later
than . 15, 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 ,t 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.
pwdgs/jpasspr. doc
2 of 7
Revised 11-12-93/TWM
I
I
\c
3. It will be the responsibility of the CITY to coordinate the development of the lIutility workll 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 lIutility workll 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 lIRight-of-Way Utilization Permitll, 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 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.
6. All survey for construction of the lIutility workll will be furnished by the COUNTY under the
direction of the COUNTY's ENGINEER.
7. The coordination of the CITY's lIutility workll 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 lIutility
work II , 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 lIutility workll 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
lIutility workll.
10. The COUNTY shall be responsible for the bidding and award of the Construction Contract and
shall include the lIutility work II 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 lIutility workll 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 lIutility workll with the CITY's own forces or its own contractor. In
pwdgs/jpasspr. doc
3 of 7
Revised 11-12-93/TWM
I
I
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.
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
$370.757.75 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
CITY 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 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.
pwdgs/jpasspr. doc
4 of 7
Revision 11-12-93/TWM
. "
I
I
16. 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.
17 . 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 (30) days.
The COUNTY shall forward all invoices for processing to the CITY's representative as
shown:
City of Clearwater
Engineering Department
Post Office Box 4748
Clearwater, F134618-4748
Attn: Marty Pages
18. 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.
pwdgs/jpasspr. doc
5 of 7
Revised 11-12-93/TWM
. ,
.
I
I
.
"
19. 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.
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
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.
pwdgs/jpasspr. doc
6 of 7
Revised 11-12-93/TWM
"
"
..
. .
I
II
JOINT PROJECT AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
CITY OF CLEARWATER, IN
PINE AS COUNTY, FLORIDA
BY:
Mi hael J. Roberto, City Manager
By:
Rita Garvey, Mayor-Co
ATTEST:
Karleen F. DeBlaker, Clerk
BY:'j -' e{p/7~ ~ < x?J~
Deputyqler~J ?' / 2--h/9J (Seal)
""
Countersigned:
BY:
APPROVED AS TO FORM
BY: ~,~ rJ~
Office of County Attorney
pwdgs/jpasspr. doc
Signature Page for Pinellas County - JP A
(Seal)
ATTEST:
-,E. /~.~
City -Clerk
Approved as to form and correctness:
ohn C. Carassas, Assistant City Attorney
PINELLAS COUNTY, FLORIDA, by
and through its Board of
County Commissioners ~
By: '\\~ .~--,-
Chairman
BY:
(Seal)
ATTEST:
70f7
Revised 11-12-93/TWM