CONSTRUCTION OF KEENE RD FROM DRUID RD TO SUNSET POINT RD
~ Clearwater
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Interoffice Correspondence Sheet
To: Dottie Reehling, City Clerk Specialist
From:
Alice R. Eckman, Engineering Services Technician ---fbeL
CC:
Date: September 21, 2000
RE: Originallnterlocal Agreement between the City of Clearwater and Pinellas
County - Dated December 28, 1999
Please find attached for your records one fully executed HORIGINAL" of the Interlocal
Agreement between the City of Clearwater and Pinellas County for the Construction of
Keene Road (from Druid Road to Sunset Point Road) Dated December 28, 1999.
/ae
Attachment
Transminal 01 Ofigillal's 10 Oerk's Office
RECEIVED
SEP2 2 2000
C\TY CLERK DEPARTMENT
",'" '..
PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY,
SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE
OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE
NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW
INTERLOCAL AGREEMENT
BETWEEN THE
CITY OF CLEARWATER
AND
PINELLAS COUNTY
FOR THE CONSTRUCTION OF
KEENE ROAD
FROM DRUID ROAD TO SUNSET POINT ROAD
AGREEMENT PREPARED BY
PINELLAS COUNTY ENGINEERING DEPARTMENT
N:IJlAGLER\WPDOCSl910491ICLWAGREEWPD
Page 1 of7
THIS AGREEMENT, made and entered into on the d-i day of AfJ~, , J '711 ., by and between Pinellas
County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and the City of
Clearwater, a municipal corporation of the State of Florida, hereinafter called the CITY.
WITNESSETH, That:
WHEREAS, the COUNTY intends to commence a roadway construction project designated as Keene Road, from Druid Road
to Sunset Point Road; hereinafter referred to as the PROJECT and intends to maintain said improvements
including associated sidewalks and drainage pond improvements; and
WHEREAS, the CITY has agreed to convey to the COUNTY certain real property necessary to facilitate construction of the
PROJECT; 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 coordinate and cooperate in their efforts to facilitate development of the
PROJECT.
NOW THEREFORE, the COUNTY and the CITY, in consideration of the mutual promises herein contained, and for other good
and valuable consideration, receipt of which is hereby acknowledged by all parties, it is hereby agreed by and
between the parties as follows:
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Page 2 of7
'-I. :
SECTION 1
OBLIGATIONS OF THE COUNTY
1.1 Reimburse the CITY an amount not to exceed $80,000.00 for the cost of preparation of plans and specifications for the
relocation and/or adjustment of CITY owned utility facilities.
1.2 Pay the CITY an amount not to exceed $230,000.00 for the CITY's Cultural Arts Workshop Building (approximately
2,800 square feet) and land (approximately 0.86 acres), located at 1776 Drew Street. The actual amount paid shall be
based on an appraisal submitted by a state certified appraiser approved by the CITY and COUNTY.
1.3 Pay the CITY an amount not to exceed $20,000.00 for park land improvements as determined by the CITY.
1.4 Provide the necessary survey work and legal documents for transfer of CITY property to the COUNTY.
1.5 Develop landscape plans for the PROJECT, in coordination with the CITY and according to the concepts presented at
the public information meetings, and implement installation of same as part of the PROJECT.
1.6 Relocate and/or adjust CITY owned utility facilities as shown on the utility relocation/adjustment plans provided by the
CITY. This work shall be done at COUNTY expense and include engineering inspection, testing, and monitoring of
the utility relocation work.
1.7 Install, at COUNTY expense, the special traffic signalization facilities desired by the CITY.
1.8 Install, at COUNTY expense, the special traffic control signing and sign post assemblies desired by the CITY.
1.9 Provide CITY with Right-of-Way Use Permit for CITY facilities in PROJECT right-of-way.
SECTION 2
OBLIGATIONS OF THE CITY
2.1 Convey CITY property, including rights-of-way, to the COUNTY, that is necessary for the construction of the
PROJECT (see Exhibit "A").
2.2 Grant the right of entry to the COUNTY onto CITY right of way and CITY property that is necessary for the
construction of the PROJECT, in addition to conveyed property outlined in Section 2.1.
2.3 Prepare and supply to the COUNTY, plans, specifications, quantities, and acquire all necessary permits for the relocation
and/or adjustment of CITY owned utility facilities.
2.4 Provide the COUNTY with details and specifications for the special traffic signalization facilities and special sign post
assemblies desired by the CITY.
2.5 Supply and install all street name sign plates required for the PROJECT.
2.6 Review and approve project construction plans.
2.7 Upon completion and acceptance of the work, the CITY shall own, control, maintain and be responsible for all CITY
utility facilities, traffic signalization facilities and traffic control signing involved with the PROJECT, according to the
terms of the COUNTY's Right of Way Utilization Permit.
2.8 The cost of upgrades or extensions to existing utilities, or new utilities desired by the CITY, is at the CITY's expense,
for which the following shall be applicable:
a) The CITY at its expense, shall design and prepare plans and specifications. CITY shall furnish to the
COUNTY, in a timely manner coinciding with the project schedule, complete and reproducible plans on
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Page 3 of7
'1,'
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, if
required by state law.
b) The COUNTY shall be responsible for the bidding and award of the Construction Contract and shall include
the utility work as a separate option item in its bidding document. After the COUNTY receives, opens, and
evaluates the bids, the COUNTY shall notify the CITY, in writing, of the COUNTY'S intent to award the
contract, and the amount bid for the utility work. The CITY shall have five (5) days from receipt of this notice
to determine if the CITY intends to proceed with utility work as part of the COUNTY'S construction contract
(OPT IN) or withdraw from further consideration and perform the utility work independently (OPT OUT).
CITY shall give COUNTY immediate verbal notice followed by written notice of CITY'S decision to OPT
IN or OPT OUT.
c) If the CITY decides to OPT IN:
1. The CITY shall forward to the COUNTY, within 30 days of notice of the bid amount for the CITY'S
utility work, that full amount, plus five percent (5%) for COUNTY contract administration services,
and ten percent (10%) for contingencies.
2. These funds will be deposited by the COUNTY into a trust account for the purpose of payments by
the COUNTY to the construction contractor on the CITY'S behalf. Interest will accrue on the deposit
balance and shall be available for payment of project costs, if necessary. In the event construction
changes cause the trust account balance to be depleted prior to the end of construction, the CITY
agrees that, within fourteen (14) calender days of notification by the COUNTY, additional funds will
be forwarded to cover the remaining estimated construction cost.
3. All information required for field changes and change orders pertaining to construction of the CITY'S
utility work shall be promptly furnished to the COUNTY. Failure to do so will subject CITY to pay
for any added expense incurred by COUNTY.
4. In the event [mal construction cost billing plus administrative charges is less than the trust account
deposit, a refund of the excess, including any unused accrued interest, will be made by the COUNTY
to the CITY within 45 days of utility work completion. In the event the [mal billing plus
administrative charges, is greater than the trust account deposit plus accrued interest, the CITY agrees
to pay the additional amount within 45 days of invoicing by the COUNTY.
5. 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.
6. All survey layout for construction of the utility work will be furnished by the COUNTY.
7. Upon request, the COUNTY shall furnish one (1) set of record drawings.
d) If the CITY decides to OPT OUT:
1. The CITY affirms, by so electing, that it is ready, willing, and able to perform the utility work in a
timely and competent manner, so as not to cause delay to the Contractor.
2. The COUNTY will delete the utility work option from the Construction Contract.
3. 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.
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Page 4 of7
2.9 All cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years
after the Board's final approval and acceptance of the PROJECT in accordance with Chapter 2, Pinellas County Code.
SECTION 3
PROJECT FUNDING
3.1 The COUNTY hereby certifies that funding has been appropriated and is available for payment to the CITY of the
COUNTY's obligations.
3.2 In no event, shall the total COUNTY reimbursement to the CITY exceed $330,000.00 for pay items outlined in Sections
1.1, 1.2 and 1.3 without an Amendment to this Agreement being approved by the Board of County Commissioners.
3.3 The COUNTY will bear all costs of obligations outlined in Sections 1.4, 1.5, 1.6, 1.7 and 1.8 as part of the road
improvement project expenditures, as approved by the Board of County Commissioners, separate and apart from this
Agreement.
3.4 The parties recognize and accept the funding restrictions as set forth in Section 129.07, Florida Statutes (1995), which
may affect the COUNTY's obligations hereunder, which states: "It is unlawful for the Board of County Commissioners
to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except
as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s.
129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for
any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits
shall be prosecuted in any court in this state for the collection of same, and the members of the Board of County
Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be
liable for the excess indebtedness so contracted for".
SECTION 4
PAYMENT SCHEDULE
4.1 The COUNTY shall make payments to the CITY for invoiced work outlined under this Agreement in accordance with
~218.70, et. seq., the Florida Prompt Payment Act.
4.2 The CITY shall invoice the COUNTY for reimbursement of costs for park land improvements outlined in Section 1.3
after construction of said improvements. Invoices shall include description of improvements constructed and copies of
supporting receipts/invoices/documents to verify costs.
4.3 The CITY may invoice the COUNTY on a monthly basis for reimbursement of costs associated with the preparation of
utility relocation plans as outlined in Section 1.1.
4.4 All invoices shall be mailed to the COUNTY'S Designee:
Mr. Jerry Herron
Pinellas County Public Works Administration
440 Court Street; 4th Floor
Clearwater, Florida 33756
(727) 464-3251
4.5 The CITY'S records of expenses related to requests for reimbursement shall be subject to examination, audit, and/or
reproduction by the COUNTY'S agent or representative, should the COUNTY determine a need for such examination.
Records should be retained for three (3) years from [mal payment.
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SECTION 5
COMMENCEMENT AND TERMINATION OF AGREEMENT
This Agreement shall take effect upon being executed by the parties and shall be terminated upon the earlier of mutual consent
of the parties or performance of the parties obligations hereunder.
SECTION 6
MISCELLANEOUS PROVISIONS
6.1 Any amendment to or modification of this Agreement or any alteration, extension, supplement or change of time or scope
of the work shall be in writing and signed by both parties.
6.2 Any notice or other document which either party is required to give or deliver to the other shall be given in writing and
served either personally or given by prepaid certified mail, return receipt requested, or by any delivery service from
which a receipt might be obtained, and addressed as follows:
Mr. James Collins, Division Engineer
Pinellas County Engineering Department
440 Court Street; 4th Floor
Clearwater, Florida 33756
(727) 464-3613
Mr. Richard Baier, Public Works Administrator
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33758
(727) 562-4780
6.3 If any word, clause, sentence or paragraph of the Agreement is held invalid, the remainder of this Agreement would
continue to conform to the intent of this Agreement.
6.4 This Agreement shall be governed and construed in accordance with the laws of the State of Florida.
6.5 Nothing herein shall be construed to create any third party beneficiary rights in any person not a party to this Agreement.
SECTION 7
ENTIRE AGREEMENT
This document embodies the whole Agreement of 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.
N:WAGLER\WPDOCS'l91fH9J1CLWAGRFLwPD
Page 60f7
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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, a political subdivision of the State
of Florida
By,J
Mic el 1. Roberto, CIty Manager
Date
BY'~~
Chairman
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Da
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COUNTERSIGNED:
By, Ii-~.
Brian Aungst, Mayor I Commissioner
-
ATTEST ,<'" "..
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Karleen F. DeBlaker, Clerk ,
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By, DepUtyCl~~"~~~~~~
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Date
ATTEST
APPROVED AS TO FORM~.
.~~~~
. Goudeau, City Clerk . . Date I r$ /9'r
By:
GLJ_~.~'
C unty Attorney Dat
APPROVED AS TO FORM:
~y:S -~'- =:>
John Carassas, Assistant City Attorney Date
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