JOINT PROJECT AGREEMENT UTILITY INSTALLATION BY ROADWAY CONTRACTOR - LAKEVIEW ROAD SIDEWALK AND DRAINAGE IMPROVEMENTSJOINT PROJECT AGREEMENT
UTILITY INSTALLATION BY ROADWAY CONTRACTOR
PROJECT NAME:
Lakeview Road Sidewalk and Drainage Improvements
PROJECT LIMITS: South Lincoln Avenue to Stevenson Creek
COUNTY PROJECT IDENTIFICATION NO.: 000489A
S4 T PROJECT AGREEMENT (Agreement) made and entered into on the A:29
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day o , 0 in , by and between Pinellas County, a political subdivision of the State of
Flori hereinafter the "County", and the City of Clearwater, Florida, a municipal corporation of
the State of Florida, hereinafter the "City" (collectively, Parties).
W1TNESSETH, That:
WHEREAS, the County intends to construct sidewalk and drainage improvements on
Lakeview Road from South Lincoln Avenue to Stevenson Creek (County Project No. 000489A or
Project), which will 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 contractor 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 specifications to meet the City's needs.
NOW, THEREFORE, 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. Utility Work
The City's Utility Work within the limits of the Project is more specifically described as the
replacement, relocation or adjustment of approximately 850 linear feet of six inch (6") ductile iron
water main and removal of 180 linear feet of existing 8 -inch (8") vitrified clay sewer pipe to be
replaced with 8" ductile iron sanitary sewer pipe that is in conflict with the proposed intersection
construction improvements as part of County PID No. 000489A,, located on Lakeview Road from
South Lincoln Avenue to Stevenson Creek.
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 option 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 ("l�Totifcation"). This Notification
will include the amount for the Utility Work option. The bid wilt be awarded based upon the bids
received for the Project excluding any Utility Work options. The City will have fifteen (15) days
from receipt of the County's notifcation to request, in writing, that the County delete the Utility
Work option 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 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 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 Five Hundred Four Thousand Two Hundred Fifty and 00/100 Dollars ($504,250.00),
plus 5% for County construction/contract administration/compaction and backfill testing costs of
Twenty Five Thousand Two Hundred Twelve and 50/100 Dollars ($25,212.50), for a total cost of
Five Hundred Twenty Nine Thousand Four Hundred Sixty Two and 50/100 Dollars ($529,462.50),
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 option 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 option to remove the Utility Work, the City will
deposit an amount with the County which equals the total option item plus 5% of that amount for
County construction/contract administration/compaction and backfll 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 backfll testing
of the actual construction costs, the County will reimburse the City any excess escrow account funds.
Should contract modifcations occur that increase the cost of the Utility Work, or the estimated
quantities of items provided by the City in Ea�hibit 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 Ciry 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 or 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 Pro�ect 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 November 8, 2019, complete and reproducible plans on standard size
sheets (11" x 17" and 24" x 36"), together with a complete set of specifcations covering all
construction requirements for the Utility Work. These plans and specifcations 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 requirec! permits
from the County. A copy of all permits required for said Utility Work will be provided to the
County prior to issuance of the Notice to Proceed to the County's contractor.
3.4 All surveys for construction of the Utility Work will be furnished by the successful
contractor, in accordance with the plans and specifcations 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 727-562-4798 within 24 hours prior to commencement of any City Utility 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 work 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:
City's Project Manager
City of Clearwater
Todd Kuhnel, Engineering Specialist
100 South 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 work performed hereunder within
seven hundred thirty (730) 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 and/or installing facilities related to the Utility Work in accordance with this
Agreement, is assigned to the City.
4. Project Mana e�rs
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 offce address is 100 South Myrtle Avenue,
Clearwater, Florida 33756.
4.2 The Project Manager for Pinellas County shall be John Carpenter or their designee
("County's Project Manager"), whose telephone number is 727-453-3350, email address is
jcarpenter@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 Ins ection
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, Countv, 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 City shall, during the performance of this Agreement, comply with all
applicable provisions of federal, state and local laws and regulations pertaining to prohibited
discrimination.
9. Assi ent
This Agreement may not be assigned.
10. 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.
11. 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. Notifcation
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 modification
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 Party 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 or intent of any provisions hereof.
16. Fiscal Fundin�
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 suffcient 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 first above written.
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
By: — C.kitiOt ‘kiNt (
George N. Cretekos
Mayor
William Home
City Manager
PINELLAS COUNTY, FLORIDA by and
through its Board of County Commissioners
By:
Karen Williams Seel--
Chaitinan -
ATTEST: Ken
ourt
By:
Rosemarie
City Cler
By:
a
4./ r
Burke, Clerk sof The • C*
„
Owen Kohler
Assistant City Attorney
OFFICIAL CITY SEAL
EXHIBIT A
Lakeview Road Utility Relocation (19-0013-UT)
City of Clearwater, Florida
Engineer's Opinion of Probable Cost - Issued for Bid Submittal
August, 2019
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