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JOINT PROJECT AGREEMENT FOR UTILITY INSTALLATION BY CONTRACTOR - DANSVILLE REDEVELOPMENT AREA PHASE IIITO: Robert S. LaSala, County Administrator FROM: Peter J. Yauch, P.,E., Director of Public Works and Transportation SUBJECT: Joint Project Agreement (.IPA) with the City of Clearwater (City) for Utility installation by Contractor for Dansville Redevelopment Area Phase III PID No. 991 DATE: December 22, 2009 RECOMMENDATION: I RECOMMEND THE COUNTY ADMINISTRATOR APPROVE THE .TPA WITH THE CITY FOR UTILITY INSTALLATION BY CONTRACTOR FOR DANSVILLE REDEVELOPMENT AREA PHASE III IN THE AMOUNT OF $42,200. DISCUSSION: The U.S. Department of Housing and Urban Development approved the County's designation of Dansville as a Neighborhood Revitalization Area in 1996. Utilizing extensive citizen participation principles and practices, the Community Development Department, in consultation with residents and the community at large, developed a multi-year, comprehensive redevelopment plan for the neighborhood. The construction of this project completes the final phase of the neighborhood infrastructure improvements. The Dansville, Phase III project is a comprehensive infrastructure project that will provide roadway and storm drainage improvements, replacement of potable water and sanitary sewer lines and the installation of sidewalks and underground utilities (including gas lines) to multiple neighborhood streets in the northern section of the Dansville Redevelopment Area. Phase III calls for the installation of the utility facilities along, over and/or under the project. The utility work consists of the installation of one thousand two hundred fifty (1,250) linear feet of new two inch (2") polyethylene gas mains and related appurtenances, as part of County PID No.. 9219.3$. The estimated cost of the utility work is $35,700 for installation by the County's contractor. The estimated cost of the material is $6,500.. The City will provide all necessary material for the installation of the utilities. The County will reimburse the City for the cost of the material. The project is budgeted within the County's Capital Improvement Program. The sources of funding are the Infrastructure Sales Tax (Penny for Pinellas) and federal Community Development Block Grant (CDBG) funds, administered by the Community Development Department. The installation of gas lines will be funded with CDBG funds. Approval of this Agreement is within the authority of the County Administrator; as delegated by the Board of County Commissioners, pursuant to Section 2-62, Pinellas County Code.. Please retain one original packet for filing on your fixture receipt and file report. Recommendation Approved: _ Date: 12- 2 410 Robert S. LaSa a, ounty Adrrainistrator Attachments: t Contract Review Transmittal Agreement Project Financial Overview CONTRACT REVIEW TRANSMITTAL SLIP CATS # a 91,2.5 Joint Project Agreement with the City of Clearwater for Utility Installation by Contractor for Dansville SUBJECT: Redevelopment Area Phase III AGREEMENT PREPARED BY: Pinellas Count Public Works DATE: June 2, 2009 PROJECT 1 PID NO.: 991 Please review the attached and forward to the next Review Authority in the sequence indicated below Indicate any necessary changes by revising, IN RED, the appropriate sections of the document to reflect the wording of the desired change Time is of the essence. Please make your review as complete and as fast as possible Board Records: Return to Barbara Kuhl, 4th Floor, Public Works. All inquiries should be made to Barbara Kuhl, Ext. 43144. Review Review Review Comments Comments Sequence Review Authority Date Signature (Attach if necessary) Incorporated PWIDirector of Financial , t and Contracts Services ` Director of CIP and 2 Production U 1 4 f 3 Assistant Director of p loci Community Development i 4 Risk Management Clerk/Finance ?6 5 Division 6 7 8. OMB tZ ©`1 Director of Public Works' ! f and Transportation Legal- 0 Legal- 14icc-2//TI zj? ?;? r) , JOINT PROTECT AGREEMENT FOR UTILITY INSTALLATION BY CONTRACTOR This Agreement, made and entered into on the day of , 20M, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter' called COUNTY, and the City of Clearwater, a municipal corporation of the State of Florida, d/b/a Clearwater Gas System, hereinafter called the CITY. WITNESSTH: WHEREAS, the COUNTY intends to construct improvements to: PROJECT NAME: Dansville Redevelopment Area Phase III PID No. 991. PROJECT LIMITS: Various Hereinafter referred to as the PROJECT, which shall call for the initial location, 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 described as "Utility Work", 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 PROJECT Agreement for the "Utility Work" and, WHEREAS, the COUNTY has expressed its desire to assume all reasonable and necessary costs to be incurred for this "Utility Work" and will include in said PROJECT certain plans and specifications to meet the CITY'S needs, and NOW, THEREFORE, it is agreed by the parties as follows: 1. The "Utility Work" consists of the installation of one thousand two hundred fifty (1,250) linear feet of new two inch (2") polyethylene gas mains and related appurtenances, as part of the PROJECT. 2. The CITY will be responsible for all work involving active (live) gas mains. The CITY'S work will include, but will not be limited to, tie-ins, purging, all tapping, adjustments, relocations, repairs, maintenance, and incidental work required to be performed to the CITY'S existing utilities within the PROJECT. 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. Failure to do so will subject the CITY to pay for any added expense incurred by the COUNTY. 3. The CITY shall provide to the COUNTY all existing information that would accurately describe or depict the utility as to size, location and function. The COUNTY will use this information to facilitate the subsurface utility surveying efforts. 4. The CITY shall review and accept the existing subsurface utility information shown on the PROJECT plans. The CITY shall notify the COUNTY of any discrepancies and assist in a resolution. 5. The CITY shall participate in the design, utility coordination, preconstruction, and other meetings as necessary for PROJECT design development and construction. 6. The CITY at its expense, shall design and prepare plans and specifications for all the CITY'S "Utility Work". The CITY shall furnish to the COUNTY, in a timely manner coinciding with the project schedule, complete and reproducible plans on standard size sheets, 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" identifying the items of work, with an "estimate of cost." The plans and specifications shall be signed and sealed by a Professional Engineer registered in the State of Florida, as required by state law. 7. The CITY shall obtain all necessary permits for construction of the "Utility Work", including Pinellas County's "Right-of-Way Utilization Permit" The CITY shall furnish material and make provisions to have the materials necessary for the "Utility Work" available at the time of the COUNTY'S award to the Construction Contractor for the PROJECT. The Construction Contractor shall take delivery of these materials from the CITY. The COUNTY is responsible for the actual cost of the materials used, and be responsible for the cost of "Utility Work" by the Construction Contractor for the work defined in the approved plans and specifications. The estimated cost of the "Utility Work" is $35,700, as indicated in "Exhibit A" to this Agreement. The estimated cost of the gas main material is $6,500, as indicated in "Exhibit B" to this Agreement. The COUNTY shall reimburse the CITY for the cost of the gas main material. The total estimated cost of the "Utility Work" is $42,200. 9. The CITY will provide the necessary construction and engineering inspection of the CITY'S Utility Work to determine if construction is in substantial compliance with the plans and specifications. The CITY'S inspector will immediately notify the COUNTY inspector of any objections to the Utility Work. 10. Upon completion of the entire PROJECT, the COUNTY shall ensure that any "Utility Work" warranty is passed on to the CITY under the terms and conditions contained in the construction contract. 11. All survey layouts for construction of the "Utility Work" will be furnished by the COUNTY'S contractor. 12. Upon request, the COUNTY shall furnish one (1) set of record drawings to the CITY. 13. The CITY remains responsible for all obligations under this agreement except for those relating to payment to the COUNTY for "Utility Work" performed by the COUNTY'S contractor. 14. 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". 15. Upon completion of the entire PROJECT, 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 its utilities and all such affected infrastructure. 16. The Parties 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 to Section 768.26, Florida Statues. Nothing herein is intended to serve as a waiver of sovereign immunity by either of the Parties. Nothing herein shall be construed as consent by the Parties to be sued by third parties in any matter arising out of this Agreement. 17. In the event the COUNTY, for any reason, decides not to proceed with the PROJECT or terminates the PROJECT, the COUNTY will not be responsible for any "Utility Work" not completed. The COUNTY, may in its sole discretion decide not to proceed with or complete the Utility Work and will not be liable for any such decision. The CITY retains the right to complete any uncompleted portion of the Utility Work at the CITY'S own expense should the COUNTY terminate or abandon the PROJECT. The COUNTY shall cooperate in good faith to allow the CITY to complete the Utility Work as contemplated hereunder. 18. 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. 19. The COUNTY shall maintain financial records, accounting and purchasing information, and books and records for the Agreement. These books, records, and information shall comply with general accounting procedures. All documents related to the Agreement are public record and shall be retained and provided as required by law. 20. Both Parties shall comply with all federal, state, county, local laws, regulations, and ordinances at all times. 21. The Parties shall, during the performance of this Agreement, comply with all applicable provisions of federal, state and local laws and regulations pertaining to prohibited discrimination. 3 22. This Agreement may not be assigned without the consent of the CITY and COUNTY. 23. 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 of any other section or any part of any section of this Agreement. 24. 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. 25. 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, to the Director of the Capital Improvement Program (CIP) and Production whose address is set forth below, or upon the actual date of delivery, if hand delivered to the Project Manager, Paul Bellhorn. Jan R. Herbst, Director of CIP and Production Pinellas County Public Works Department 440 Court Street, 4 h Floor Clearwater, FL 33756 26. 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. 27. 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. 28. This Agreement is subject to approval by the Parties. 29. The terms 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 8 of this Agreement. IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed by their duly authorized officers and their officials' seals hereto affixed, on the day and year first above written.. Countersigned: City of Clearwater, Florida Frank V. Hibbard William B, Horne, II Mayor City Manager Appr ved as to form: -G Lac.. /" /Lc? Laura Mahonrp Assistant City Attorney OFFICIAL SEAL PINELLAS COUNTY, FLORIDA by and thr ugh its County Administrator B County ninistrator WITNESS: .0/ , APPROVED AS TO FORM: By By: ;,'' / i I - - office of the C6-urrl? Attorney Attest: I r . C t Zia E. Goudeau Cr Clerk OFFICIAL SEAL EXHIBIT "A" L" na. PW mm me. fto „ Oar um u?re v a. Eftraw V" OPTION 2 - CLEARWATM d" 41 005.0700 SURVEY, CWWudW Layout 1.00 LS $1.000.00 $1,000.00 42 005-0800 SURVEY. Omnl ly Mmmm"w is 1.00 LS $500.00 $500.00 97 005-0851 SURVEY, Ae-bM Ram Par Div L. See. 2.4 1-0O LS $2.000.00 $2.000.00 43 101-0100 MOBILIZATION COOLS $1.000.00 $1,000.00 44 102-0100 MAINTENANCE OF TRAFFIC 1.00 L.S $1.000.00 $1,000.00 86 1050.13-002 UTILITY PIPE, INSTALL, Z-, PE 1,250.001-F $18.00 $22,500.00 67 1050-13.003 UTILITY PIPE, INSTALL, 4-, PE Cep 90.00 LF $40.00 ;3.600-00 46 109.13-204 UTLITI FIXTURE, INSTALL, 2- VOWAmmbly 4.00 EA 5300.00 $1.200.00 45 555-1-1 DIRECTK AL Bow r PE Daft 38-00 LF $50.00 $1.900.00 8B 989.0000 UNSPECIFIED WORK (A6owarwa) 1.000-00 FA $1.00 $1.000.00 CNWWMIK Ga SUBTOTAL- $35,700.00 OPTION 2 - CLEARKATER QAS SUBTOTAL: $316700" EXHIBIT "B" 9MOLOd Pt. 11 1=,Q1m fflW QM N MW@Ls Essdo to 7 PE Pipe 1250 LF @ $2.40 / ff = $3,000.00 #12 Tracer Wire 1300 LF @ $0.50 / If = $ 650.00 Fite W, Valve Boxes, and marker poles 1 LS $2,850.00 = Total = $6,500.00 PINELLAS COUNTY CAPITAL IMPROVEMENT PROJECT (CIP) PROJECT FINANCIAL OVERVIEW 1. Construction Phase: 3. JPA - City of Clearwater FRI 2. Date: December 22, 2009 N 4. Title: Dansville Phase III (PID 4 991 5. Anticipated Scope and Description: Funding for Phase 111, a neighborhood area street and infrastructure improvements project. Project includes Local Penny for Pinellas funding and Community Development Block Grant (CDBG) funding, Cost shown in 'other` category is for Brownfield Cleanup. 6. YEAR OF CONSTRUCTION START: FY 09 7. PROJECT BUDGET: FY M Requested Appropriation Multi-Year Plan Professional Services (Architectural/Engineering/Consulting) $ 110,000 $ 202,870 Land/Right of Way/Building Acquisitions Construction: 754,500 1,276,700 Construction: JPA - City of Clearwater 42,200 42,200 Testing 960,000 960,000 Other: Inter-local Agreement Payments, Misc. Materials, etc. 496,530 TOTAL $ (i? 1,866,700 $ (2) 2,978,300 S. FINANCIAL RESOURCES: Penny for Pinellas Sales Tax: $ 560,900 Local Option Gas Tax: Transportation Impact Fees: Grant(s): CDBG (FY09 $952,600; FYI 0 $1,422,600) 2,375,200 Reimbursements: Enterprise Revenue (Water, Sewer, Solid Waste, Airport): Other; JPA - City of Clearwater 42,200 TOTAL FINANCIAL RESOURCES $ (2) 2,978,300 9. Project's First Full Year Estimated Operating Budget Fiscal Impact: (3) Fiscal Year: FY 11 New Positions: NONE Number: N.A. Type: N.A. Total Est. Fiscal Impact (Personal Services, Operating Expenses) $ 0 (1) Amaur71 r°epr°esents current FY 09 appropriation and appropriation carr.),over fr?oin F)`08 to F)'09 b3' OMB (2) A11701071 represents expenditures frvrn prior years, the current Multi - )'ear Plan's project estimate and anticipated resources. (3) Does not apply to 011-1-071 phone Prepared By Public Works Financial Services, June 11, 2009.. Revised Form 11103