JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY ROADWAY CONTRACTOR - SUNSET POINT ROAD SIDEWALKJOINT PROJECT AGREEIVIENT
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME: Sunset Point Rc�ad Sidewalk
PROJECT LIMITS: Edgewater Drive (U.S. Alternate 19) to the Fred Marquis Pinellas
Trail
COUNTY PROJECT IDENTIFICATION NO.: 002926A
THIS JOINT PROJECT AGREEMENT (Agreement) made and entered into on the �f'
day of ���20 C�' , by and between Pinellas County, a political subdivision oi the State of
Florida, hereinafter the "County", and the City of Clearwater, Florida, a municipal corporation of
the State of Florida, hereinafter the "City" (collectively, Parties).
WITNESSETH, That:
WHEREAS, the County intends to construct sidewalk improvements on Sunset Point Road
(County Project No. 002926A or Project), which wi11 call for the adjustment, relocation and/or
installation of the City's utility facilities along, over and/or under the Project (Utility Work); and
WHEREAS, the County's plans for the Project have been reviewed by the City and the
City has had the 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 to be accomplished by the County's con�ractor as part of the
construction of the Project; 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 specii'ications to meet the City's needs.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) each to the �ther
in hand �aid, the �eceipt wh�reof is hereby ackn�w�edged, and in further consideration oi ihe
mutual covenants hereinafter contained, it is agreed by the Parties as follows:
Utilit„y Work
The City's Utility Work within the limits c�f the Project is more specifically described as the
replacement, relc�cation �r. adjustmeilt oia 6" water main, two (2) fire hydraa�ts, eighteen (18) water
meters, two (2) valve boxes, a 4" reclaimed water line, two (2) 6" sanitary sewer laterals (including
cleanout), and two (2) sanitary sewer cleanouts that are in conflict with the proposed drainage
structuies and sidewalk construction impr�vements as part of Caunty PID No. 002926A, located
on Sunset Point Road from Edgewater Boulevard (U�.S. Alternate 19) and the Fred Marquis
Pinellas Trail.
2. Fundin�
2.1 The County will be responsible for the bidding and award of the construction
contract for the Project and will include the Utility Work as a separate container item in its bidding
document. After the County receives, opens, and evaluates the bids, the County will notify the
City, in writing, of the County's intent to award the contract ("Notification"). This Notiiication
will include the amount for the Utility Wark. The bid award will be in the County's sole discretion
based upon the bids received for the Project. The City will have fifteen (15) days from receipt of
the County's notification to request, in writing, that the County delete the Utility Work from the
County's award of bidlconstruction contract, 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 the 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 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 compensable delay to the County's construction
of this Project, the City will pay all claims and costs incurred due to its delay.
2.2 The City hereby certifies that funding for the preliminary estimated Utility Work cost
(Eachibit A) of sixty-two thousand, siat hundred four and 00/100 dollars ($62,604.00), plus 5%
for County construction/contract administration/compaction and backfill testing costs of three
thousand one hundred thirty and 20/100 dollars ($3,130.20), for a total cost of sixty-five
thousand seven hundred thirty-four and 20/100 dollars ($65,734.20), has been appropriated and
is available for deposit into an interest bearing escrow account for the purpose of payments by the
County to the contractor on the City's behal£ The deposit will be due to the County no later than
thirty (30) days from the date of Notification of the County's intent to award the construction
contract. If the Utility Work portion of the contractor's bid selected by the County for performance
of the Utility Work exceeds the amount of the preliminary estimated Utility Work, then subject to
and in accordance with the limitations and conditions established by Subparagraph 2.1 hereof
regarding the City's prerogative to remove the Utility Work, the City will deposit an amount with
the County which equals the total for the City's Utility Work plus 5% of that amount for County
construction/contract administration/compaction and backfill testing. Interest will accrue on the
deposit balance and be used toward the cost of the Utility Work. In the event the final, actual cost
of the Utility Work is less than the amount the City deposited, including all interest earned, but
excluding the 5% for County construction/contract administration/compaction and backfill testing
of the actual construction costs, the County will reimburse the City any excess escrow account funds.
Should contract modifications occur that increase the cost of the Utility Work, or the estimated
quantities of items provided by the City in Exhibit A are exceeded, the City will be notified by the
County accordingly. The City will pay the County within thirty (30) calendar days of notification
by the County to ensure that cash on deposit with the County is sufficient to fully fund the cost of
the Utility Work. The County shall notify the City as soon as it becomes apparent the actual costs
will overrun the award amount, and the City shall pay for the cost overruns (plus 5% administrative
fee) within thirty (30) calendar days of notification by the County. However, failure of the County
to so notify the City shall not relieve the City from its obligation to pay for the full cost of the Utility
Work.
All deposits due to the County referenced in Section 2.2 above shall be mailed to:
Finance Division Accounts Receivable
Pinellas County Board of County Commissioners
P. O. Box 2438
Clearwater, FL 33757
2.3 The County will require the successful contractor to comply with the following
conditions. The City shall be responsible for the costs attributed to said compliance with these
conditions as part of the Utility Work:
(A) Indemnify, hold harmless, pay the costs of defense on behalf of and
defend the County and its agents and employees and the City and its agents and employees from
and against all claims, damages, losses and expenses arising out of ar resulting from the
performance of the Project or the Utility Work;
(B) Provide a dual obligee bond in the full amount of the Project, naming the
City and the County as obligees; and
(C) Provide insurance coverage per the requirements in the insurance section
of the invitation to bid as well as in the executed contract with the successful contractor. Both the
County's invitation to bid and the construction contract will require that the Contractor name the
County and the City as additional insured entities and certificate holders.
3. Joint Project Activities
3.1 The City will prepare, at its expense, the design of plans and specifications for all
the City's necessary Utility Work and reimbursable Utility Work described above and will furnish
to the County no later than October 31, 2019, complete and reproducible plans on standard size
sheets (11" x 17" and 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 (Engineer's Estimate), 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.
3.2 The City will 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 with the City to this end. The City's specifications for
this Project will not conflict with the County's specifications or the County's Invitation to Bid
document.
3.3 The City will obtain all necessary permits required for construction of the Utility
Work. This Agreement does not relieve the City of any requirement to obtain required permits
from the County. A copy of all permits required for said Utility Work will be provided to the
County no later than October 31, 2019.
3.4 All surveys for construction of the Utility Work will be furnished by the successful
contractor, in accordance with the plans and specifications provided by the City.
3.5 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 and immediately to resolve any delays in the construction of the project occurring
as the result of the City's Utility Work.
3.6 All of the Utility Work done pursuant to this Agreement shall be done in substantial
accordance with the City's plans and specifications, which plans and specifications are
incorparated hereto by reference. All information required for field changes, change orders or
supplemental agreements pertaining to the City's Utility Work will be promptly furnished to the
County.
3.7 During construction of the City's Utility Work, the City will provide the necessary
construction and engineering inspection for the City's Utility Work to determine if the Utility
Work is in substantial compliance with the plans and specifications, and provide all required
testing associated with the City's Utility Work, excluding backfill and compaction testing in
accordance with Pinellas County Minimum Testing Frequency Requirements, and provide results
to the County for same. The contractor shall contact the City's Engineering Inspection Division
at 727-562-4591 within 24 hours prior to commencement of any City Utiliry Work to schedule
the appropriate inspection and pressure testing. The City's inspector will immediately notify the
County inspector of any objections to the Utility Work.
3.8 The City will participate in the design, utility coordination, pre-construction and
other meetings as necessary for Project coordination.
3.9 All adjustment, relocations, repairs, maintenance, and incidental work
("Incidentals") required to be performed to the City's existing utilities for the Joint Project, not
included in the Utility Work, will be the sole responsibility of the City. All such wark is to be
coordinated with the construction of this Joint Project and in a manner that will not cause delay to
the County's Project contractor.
3.10 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.
3.11 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 in accordance with the terms of the County issued Utilization Permit. The City will
maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed
utilities facilities.
3.12 The County will forward any accounting records, if requested, to the following City
representative:
Todd Kuhnel
City of Clearwater
100 S. Myrtle Avenue
Clearwater, Florida 33756
3.13 Upon final payment to the contractor, the County intends to have its final and
complete accounting of all costs incurred in connection with the wark performed hereunder within
three hundred sixty (360) days. All project costs records and accounts shall be subject to audit by
a representative of the Company for a period of three (3) years after final close out of the Project.
3.14 Upon completion of the entire Project, the Contractor will supply "as built"
("Record") standard size sheet (11" x 17" or 24" x 36") Utility Work plans to the County, who in
turn will within ninety (90) days, furnish the City with one (1) set.
3.15 Upon completion of the entire Project, the County will ensure that any warranty,
including materials, equipment, workmanship and closeout documents, by the contractor
constructing andJor installing facilities related to the Utility Work in accordance with this
Agreement, is assigned to the City.
4. Project Managers
The primary contact for each of the Parties is:
4.1 The Project Manager for the City shall be Todd Kuhnel; or their designee ("City's
Project Manager"), whose current telephone number is 727-562-4798, email address is
todd.kuhnel@myclearwater.com and whose post office address is 100 S. Myrtle Avenue,
Clearwater, Florida 33756.
4.2 The Project Manager for Pinellas County shall be Deborah Terry or their designee
("County's Project Manager"), whose telephone number is 727-464-3744, email address is
dterry@pinellascounty.org and whose post office address is 14 S. Fort Harrison Avenue,
Clearwater, FL 33756.
4.3 Each Party may designate a replacement Project Manager by giving written notice
of such designation, and the telephone number, e-mail address, and mailing address to the other
party in accordance with this Agreement.
5. Records. Reports, and Inspection
The County shall maintain financial records, accounting and purchasing information, and books
and records for the Project. These books, records, and information shall comply with general
accounting procedures. All documents related to the Project are public records and shall be
retained and provided as required by law.
6. Compliance with Federal, State, County, and Local Laws
Both Parties shall comply with all federal, state, county, and local laws, regulations, and ordinances
at all times.
7. Responsibilities of the Parties
The County and the City shall be fully responsible for their own acts of negligence and
their respective employees' and/or agents' acts of negligence, when such employees' and/or
agents' are acting within the scope of their employment; and shall be liable for any damages
resulting from said negligence to the extent permitted by Section 768.28, Florida Statutes. Nothing
herein is intended to serve as a waiver of sovereign immunity by either the County or the City.
Nothing herein shall be construed as consent by the County or City to be sued by third Parties in
any matter arising out of this Agreement.
8. Discrimination
The County and the
applicable provisions
discrimination.
9. Assignment
City shall, during the performance of this Agreement, comply with all
of federal, state and local laws and regulations pertaining to prohibited
This Agreement may not be assigned.
� 0. Severabilitv
Should any section or part of any section of this Agreement be rendered void, invalid, or
unenforceable by any court of law, for any reason, such a determination shall not render void,
invalid, or unenforceable any other section or any part of any section of this Agreement.
1 l. Entire A�reement
This Agreement constitutes the entire agreement between the Parties, and no change will be valid
unless made by supplemental written agreement executed by both Parties.
12. Notification
All notices, requests, demands, or other communications required by law, or this Agreement shall
be in writing and shall be deemed to have been served as of the delivery date appearing upon the
return receipt if sent by certified mail, postage prepaid with return receipt requested, or, if hand
delivered, upon the actual date of delivery to the Project Manager, whose address is set forth in
Section 4 above.
13. Waiver
No act of omission or commission of either Party, including without limitation, any failure to
exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modiiication
of the same. Such a waiver, release, or modification is to be effected only through a written
modification to this Agreement.
14. Due Authoritv
Each Pariy to this Agreement represents and warrants to the other Party that (i) it is duly organized,
qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate
authority exists so as to duly authorize the persons executing this Agreement to so execute the
same and fully bind the party on whose behalf they are executing.
15. Headin�s
The paragraph headings are inserted herein for convenience and reference only, and in no way
define, limit, or otherwise describe the scope ar intent of any provisions hereof.
16. Fiscal Fundins
The obligations of the Parties are subject to appropriate budgeted funds being available in each
budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted funds
are not available in a subsequent fiscal year, this Agreement shall terminate on the last day of the
fiscal year for which sufficient budgeted funds are available without penalty to either of the Parties.
17. Term
The term of this Agreement shall commence upon execution of this Agreement by the Parties
and shall terminate after completion and acceptance of the Utility Work and upon final payment
in accordance with the provisions of Paragraph 3.14 of this Agreement. If the County fails to
issue a Notice to Proceed to a contractor for the Project within seven hundred twenty (720) days
from the date of full execution of this Agreement by the Parties, this Agreement shall be deemed
terminated and any payments made by the City to the County shall be refunded in full by the
County within thirty (30) days.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their
duly authorized representatives on the day and date tirst above written.
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and political subdivision
Subdivision of the State of Florida
BY� ���
City Manager
ATTEST:
By;�,;�'�e,� .���r �'.��� re. ��
City Clerk
PINELLAS COUNTY, FLORIDA
by and through its Board of County
Administrator
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By: ,���`��,,�'�"�,::,. , ��r��, �� _._.._.
Barry A. urton, County A ministrator
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APPROVED AS TO FORM:
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OFFICIAL CITY SEAL