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INTERLOCAL AGREEMENT FOR INTERSECTION IMPROVEMENTS TO FLAGLER STREET BY PINELLAS COUNTYA INTERLOCAL AGREEMENT FOR INTERSECTION IMPROVEMENTS TO FLAGLER STREET BY PINELLAS COUNTY PROJECT NAME: KEENE ROAD AT FLAGLER STREET INTERSECTION MODIFICATIONS PROJECT LIMITS: INTERSECTIONS OF FLAGLER STREET AND KEENE. ROAD, AND SHERWOOD STREET AND KEENE ROAD PROJECT NO. 2083 This Agreement, made and entered into on the & day of 0[ /GM -? el--- 20-0 by and between Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the. City of Clearwater, hereinafter referred to as the "CITY". W ITNESSETH: WHEREAS, this Agreement is made and entered between parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969;" and WHEREAS, the COUNTY intends to construct intersection improvements to Flagler Street at Keene Road and Sherwood Street at Keene Road, hereinafter referred to as the "PROJECT"; and WHEREAS, all the proposed work is located within the COUNTY's right-of-way; and WHEREAS, the COUNTY's plans for the PROJECT have been provided to the CITY and the CITY has had an opportunity for input into the development of said plans; and. WHEREAS, the COUNTY and the CITY have determined that it would be in the best interest of the general public and to the economic advantage of both parties to enter into this Agreement for the PROJECT; and NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, .it is mutually agreed by and between the parties hereto as follows: 1 of6 i SECTION 1 CITY'S RESPONSIBILITIES 1.1 The CITY shall reimburse the COUNTY for one hundred percent (100%) of the actual construction expenses, which may exceed the estimated cost of Forty-Five Thousand and 00/100 Dollars ($45,000.00). SECTION 2 COUNTY'S RESPONSIBILITES 2.1 The COUNTY will be responsible for all aspects of the PROJECT. 2.2 The COUNTY has prepared, at its expense and not reimbursable under this agreement, the design plans and specifications for the PROJECT. A copy of the final plans and specifications will be provided to the CITY prior to construction. The plans and specifications will be signed and sealed. by a Registered. Professional Engineer in the State of Florida. The COUNTY will provide the CITY an itemized breakdown of the estimated costs, though these may vary during construction. 2; 3 The COUNTY will obtain all necessary permits required for construction. of the work. 2.4 The COUNTY will provide the necessary surveying work for the PROJECT. 2.5 The COUNTYwill ensure the PROJECT is constructed in substantial accordance with the plans and specifications as prepared by the COUNTY. 2.6 The COUNTY will be responsible for the construction inspection and construction management of the. PROJECT. 2.7 The COUNTY shall provide invoices to the CITY for reimbursement for construction expenditures for the PROJECT as specified in Section 1.1. Invoices for construction services shall be accompanied by appropriately executed pay applications submitted by the contractor and approved by the COUNTY. The CITY reserves the right to verify in the field actual progress prior to approving request for reimbursement. All invoices for reimbursement shall be submitted to: Mike Quillen City of Clearwater, City Engineer 100 S. Myrtle Avenue P.O. Box 4748 Clearwater, Florida 33756 2 of 6 P SECTION 3 RESPONSIBILITIES OF THE PARTIES The COUNTY and the CITY shall be fully responsible for their own acts of negligence and their respective agents' acts of negligence, when such 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. SECTION 4 FISCAL FUNDING 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. SECTION 5 MISCELLANEOUS TERMS 5.1 This Agreement contains the entire Agreement between the parties. There are no promises. terms, conditions or allegations other than those contained herein and this document shall supersede all previous communications, representations and/or agreements, whether written or verbal, between the parties hereto. This Agreement may be modified only in writing executed by all parties. This Agreement shall be binding upon the parties, their successors, assigns and legal representatives. 5.2 As required by Section 163.01(11.), Florida Statutes, this Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties. 5:3 This Agreement .shall take effect immediately upon filing with the Clerk of the Circuit Court and shall continue in full force and effect until. either completion of the PROJECT or unless and until terminated, in writing, by mutual agreement of both the CITY and the COUNTY, or extended for a longer term by amendment. 5.4 This Agreement may be terminated by the COUNTY in its sole discretion, upon sixty (60) days written notice otherwise it will terminate upon completion of performance. 5.5 If the Agreement is terminated before performance is completed, the CITY shall pay the COUNTY for work satisfactorily performed for which costs can be substantiated. 5.6 Nothing herein shall be construed to create any third party beneficiary rights in any person not a party to this Agreement. 5.7 The COUNTY shall utilize reasonable financial procedures, including adequate supporting documents, to account for the use of money provided by the CITY. The 3 of 6 is COUNTY shall retain all records relating to this Agreement for three (3) years after the final payment is made. 5.8 The CITY and the COUNTY shall, during the performance of this Agreement, comply with all applicable provisions of federal, state and local laws and regulations pertaining to prohibited discrimination. 5.9 The CITY and COUNTY shall operate within strict conformity to all federal, state and local laws and any rules and regulations adopted thereunder. 5.10 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. 5.11 This Agreement shall be governed by and be interpreted in accordance with the laws of the State of Florida. Venue for state court actions shall be in Pinellas County. Venue for federal actions shall be in the Middle District of Florida, Tampa Division. 5.12 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. SECTION 6 SEVERA131LITY 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. 4of6 IV SECTION 7 OFFICIAL NOTICE All notices, requests, demands, invoices or other communications hereunder 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, at the address listed below, or upon the actual date of delivery, if hand delivered to the. address below. Either party may change the below-listed address at which it receives written notices by providing notice of such change to the other party in accordance with this paragraph. COUNTY: Jan R. Herbst, P, E., Director of CIP and Production Pinellas County Department of Public Works 440 Court Street Clearwater, FL 33756-5139 CITY: Mike Quillen, P.E. City of Clearwater, City Engineer P.O. Box 4748 Clearwater, FL 33758-4748 5 of 6 1'. . IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their duly authorized officers,.and their official seals hereto affixed; the day and year first above written. City of Clearwater; a municipal corporation of the State of Florida Pinellas County, Florida, by and through its County Administrator By. William B. Home, II, City Manager Print: y\1 1 k 1'C Z_?J I pbr re -]I By: Print: V111W UI Ult7 %-ALY P%LLU111t:; / By: Robert S. LaS Co my Admi istrator 6 of 6 APPROVED AS TO FORM: ATTEST: WITNESS: TO: Robert S. LaSala, County Administrator FROM: Peter J. Yauch, P.E., Director Public Works and Transportation SUBJECT: Interlocal Agreement with the City of Clearwater - Keene Road at Flagler Street Intersection Modifications PID No. 2083 DATE: November 10, 2009 RECOMMENDATION: I RECOMMEND THE COUNTY ADMINISTRATOR APPROVE THE INTERLOCAL AGREEMENT WITH THE CITY OF CLEARWATER (CITY) FOR KEENE ROAD AT FLAGLER STREET INTERSECTION MODIFICATIONS. DISCUSSION: On June 1, 2009, the County Administrator approved a Construction Agreement with CSX Transportation, Inc. and the contractor to replace the railroad crossing on Keene Road, approximately a half ('/z) mile south of Sunset Point Road. This replacement is necessary to correct the profile of the roadway as it crosses the railroad tracks, and to lessen the super-elevation of the railroad crossing. The crossing improvement project will reduce the super-elevation of the tracks, create a better roadway profile with a smoother approach, and prevent further damage to the existing crossing. The City has expressed concern for the impact on motorists at the Keene Road at Flagler Street and the Keene Road at Sherwood Street intersections while Keene Road is undergoing the railroad crossing construction project. The City has agreed to enter this Interlocal Agreement with the County to adjust and modify the medians at the two (2) intersections next to the project.. The County will be responsible for all aspects of the intersection modifications; including permitting, surveying, construction inspection and construction management. The City shall reimburse the County for one hundred percent (100%) of the actual construction expenses, which may exceed the estimated cost of $45,000. Approval of this agreement is within the authority of the County Administrator, as delegated by the BCC, pursuant to Section 2-62 Pinellas County Code. Please retain one (1) original for filing on your receipt and file report and return all remaining originals to Public Works, Contracts Services. Recommendation Approved: a?" '?- k?? Date: 11-13 p Robert S. LaSala, C unty A strator Attachments: Contract Review Transmittal Agreement