CLEARWATER GAS (3)
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CITY OF LARGO
JOINT PROJECf AGREEMENT
FOR
UTILITY INSTALLATION BY ROADWAY AND DRAINAGE CONTRACTOR
PROJECf NAME:
PROJECf NO.:
CONTRACT NO.:
Downtown Drainage Improvement Project
96-05
98-C-554
This AGREEMENT, made and entered into on the . ~~ ~ day of
M-A-eI: \t-- 19 ~ by and between the CITY OF LARGO, a municipal
corporation of the State of Florida, hereinafter called OTY, and OTY OF CLEARWATER
hereinafter called CLEARWATER GAS.
WI1NESSETIi:
WHEREAS, the City intends to construct improvements to:
the drainage system on various streets in the downtown area. including roadway.
sidewalk. and other improvements. as indicated in the plans and specifications for th~
Downtown Drainage Improvement Project
hereinafter referred to as the PROJECT, which shall call for the adjustment, relocation,
and/or installation of CLEARWATER GAS's utility facilities along, over and/or under
the PROJECT, and,
WHEREAS, the adjustment, relocation, and/or installation of CLEARWATER
GAS's utility facilities are to hereinafter be designated as "utility work" and,
WHEREAS, the ClTY's plans for the PROJECT have been reviewed by
CLEARWATER GAS and CLEARWATER GAS has had opportunity for input mto said
plans, and,
WHEREAS, the CITY and CLEARWATER GAS 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, CLEARWATER GAS has expressed its desire to assume all reasonable
and necessary costs to be incurred for this "utility work" and has requested the OTY to
include in said PROJECT certain plans and specifications to meet CLEARWATER GAS's
needs, and,
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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. CLEARWATER GAS's "utility work" within the limits of the PROJECT, is more
specifically described as: CLEARWATER GAS PROJECT NO.:
2. CLEARWATER GAS shall prepare, at its expense, the design of plans and
specifications for all CLEARWATER GAS's necessary "utility work" described
above and shall furnish to the CI1Y no later than February 25, 1999 two
complete sets of original black lined 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 shall 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 wor~" said estimate to be satisfactory to
the CITY.
3. It shall be the responsibility of CLEARWATER GAS to coordinate the
development of the "utility work" plans with the ClTY's plans for the PROJECT.
The CI1Y, upon request by CLEARWATER GAS, shall provide coordination and
development of the "utility work" plans, and the an shall cooperate fully with
CLEARWATER GAS to this end.
4. CLEARWATER GAS shall obtain all necessary permits for construction of the
utility work, including the City of Largo's "Right-of-Way Utilization Permit," and
provide a copy of the same to the CITY so as not to affect the construction of the
PROJECT.
s. The CITY does not warrant the accuracy of the ClTY's survey information.
CLEARWATER GAS shall be responsible for reviewing the CITY's survey
information and shall be responsible for any changes to CLEARWATER GAS's
plans made necessary by errors and omissions in the ClTY's survey information.
6. All survey for construction of the "utility work" shall be furnished by the
CONTRACTOR under the direction of the City Engineer.
7. All of the work, pursuant to this JOINT PROJECT, is to be done in accordance
with the plans and specifications of CLEARWATER GAS (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
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to CLEARWATER GAS's "utility work" shall be promptly furnished to the cm.
8. CLEARWATER GAS shall provide, at its expense, all necessary construction and
engineering inspection, testing, and monitoring of CLEARWATER GAS's "utility
work" to determine if construction is in compliance with the plans and
specifications, and shall furnish the City progress reports for diary records,
approved quantities and amounts for monthly and final estimates for the "utility
work." CLEARWATER GAS's inspector shall immediately notify the cm
inspector of any objection to CLEARWATER GAS's "utility work".
9. The cm shall be responsible for the bidding and award of the Construction
Contract for the PROJECT and shall include the "utility work" as a separate option
item in its bidding document. After the OTY receives, opens, and evaluates the
bids, the City Engineer shall notify CLEARWATER GAS, in writing, of theCIlY's
intent to award the contract to the low bidder. This notification shall include the
amount for the "utility work" option. CLEARWATER GAS shall have five (5)
days from receipt of the CITY's notification to request, in writing, that the cm
delete this option, refund the deposited funds, and to notify the CITY of
CLEARWATER GAS's intent to perform the "utility work" with CLEARWATER
GAS's own forces or its own contractor. In order not to delay the construction of
this project, CLEARWATER GAS shall cooperate with the City's contractor to
schedule the sequence of the "utility work" so as not to delay the City's contractor.
CLEARWATER GAS does not have the right to delay or affect, in any way, the
award of the contract. In the event CLEARWATER GAS, in performing the
"utility work," causes a delay to the OTY's construction of the PROJECT,
CLEARWATER GAS agrees to pay all claims and costs in~ due to the delay.
However, CLEARWATER GAS shall not be responsible for delays beyond its
normal control. In the event the CITY, for any reason, decides either not to
proceed with the PROJECT or halts. construction of the PROJECT, the CITY will
not be responsible for any "utility work" not completed. However, in the event
the OTY halts construction, the CITY shall ensure that all CLEARWATER GAS's
facilities are restored to a condition equal to or better than that prior to
construction.
10. CLEARWATER GAS - shall participate in the design, utility coordination,
preconstruction and other meetings as necessary for PROJECT coordination
11. All adjustment, relocations, repairs, maintenance, and incidentals required to be
performed to CLEARWATER GAS's existing utilities within the PROJECT, not
included in the "utility work" shall be the sole responsibility of CLEARWATER
GAS. All such work is to be coordinated with the construction of this PROJECT
and in a manner that shall not cause delay to the CI1Y's PROJECT contractor.
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CLEARWATER GAS's comments and suggestions are invited and will be
considered by the CITY; however, all services and work under the construction
contract shall be performed to the satisfaction of the City Engineer 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, subject to the parties rights
to contest such decisions in alternative resolution proceedings or appropriate
court actions.
13.
CLEARWATER GAS here~ certifies that funding for the estimated "utility work"
in the amount of $ 7 ,000 including 5% for construction/contract
administration, mobilization, and maintenance of traffic, has been appropriated
and is available for deposit into a trust account, for the purpose of payments by
the CITY to the contractor on CLEARWATER GAS's behalf. The deposit shall be
due to the CITY no later than one (1) day prior to the bid opening of the
construction project. Interest shall accrue on the deposit balance and be used
toward "utility work" costs. In the event that the actual bid amount plus
allowances is greater than the amount previously provided, CLEARWATER GAS
agrees that, within fourteen (14) calendar days of notification by the CITY, it shall
make an additional payment so that the total amount provided prior to award of
the bid equals the bid amount plus allowances. U the accepted bid amount plus
allowances is less than the deposit amount, the CITY will refund the amount that
the deposit exceeds the bid amount plus allowances if such refund is requested
by CLEARWATER GAS. Both parties further agree that in the event final billing
pursuant to the terms of this agreement is less than the advance payment, a
refund of the excess will be made by the CITY to CLEARWATER GAS and that
in the event said final billing is greater than the advance payment,
CLEARWATER GAS shaD pay the additional amount within forty (40) days from
the date of the invoice.
Upon completion of the entire PROJECf, which will be determined jointly by the
CITY and CLEARWATER GAS, CLEARWATER GAS shall own, control, maintain
and be responsible for all utility facilities included in the "utility work" according
to - the terms of the City of Largo Right-of-Way Utilization Permit.
CLEARWATER GAS further agrees that it shall maintain and keep in repair, or
cause to be maintained and kept in repair, all of such constructed facilities or
utilities.
Upon final payment to the contractor for the entire PROJECT, the CITY shall,
within thirty (30) days, furnish CLEARWATER GAS 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
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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 perfonned 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 CITY's records, accounts
for other relevant documents. All cost records and accounts shall be subject to
audit by a representative of CLEARWATER GAS.
16. Upon final payment to the contractor for the entire PROJECT, the CITY shall,
within forty (40) days, furnish CLEARWATER GAS with one (1) set of "as-built"
("record"), standard size sheet (24" x 36") "utility work" plans.
17. Upon completion of the entire PROJECT, the CITY shall ensure 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 CLEARWATER GAS under the same terms and
conditions as that warranty applies to facilities constructed or installed on behalf
of the CITY.
18. If any part of this Agreement shall be determined to be invalid or unenforceable
by the court of competent jurisdiction, or by any other legally constituted body
having jurisdiction to make such determination, the remainder of this Agreement
shall remain in full force and effect provided that the part of the Agreement thus
invalidated or declared unenforceable is not material to the intended operation
of this Agreement.
19. The City shall investigate all claims of every nature at its expense. Each party is
responsible for all personal injury and property damage attributable to the
negligent acts or omissions of that party and the officers, employees and agents
thereof. Nothing herein shall be construed as an indemnity or a waiver of
sovereign immunity enjoyed by any party hereto, as provided in Section 768.28,
Florida Statues, as amended from time to time, or any other law providing
limitations on claims.
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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
above written.
CITY OF LARGO, FLORIDA
By:
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y Manager
ATTEST:
Diane Br~ei\.. itY~fer~../ j
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'lll' <OR\O~,,-'-
Approved as to 1(WHi~"'"
(SEAL)
CITY OF CLEARWATER
By:
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Michael J. Roberto
City Manager
Rit Garvey
Mayor-Commissioner
ATTEST:
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.pucynthia E. Gl)~~~,
Approved as to form:
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John Carassas
Asst. City Attorney
(SEAL)
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