INTERLOCAL AGREEMENT FOR PIPELINE MONITORING, INSPECTION AND MAINTENANCEINTERLOCAL AGREEMENT
BETWEEN THE
CITY OF CLEARWATER D /B /A: CLEARWATER GAS SYSTEM
AND THE PINELLAS COUNTY HOUSING AUTHORITY
FOR
PIPELINE MONITORING, INSPECTION AND MAINTENANCE
Interlocal Agency Agreement
This Interlocal Agreement is made and entered into as of this :%'7 day of
tevv) .r , 2013 , by and among the Pinellas County Housing Authority
( "PCHA "), a public body corporate and politic, and City of Clearwater, Florida, a
municipal corporation (the "City "),D /B /A: Clearwater Gas System (CGS), a department
of the City of Clearwater, FL.
PART I
WHEREAS, in addition and supplemental to their other powers, the undersigned
parties, pursuant to Chapter 163, Part I, Florida Statutes, as amended, commonly
known as the "Florida Interlocal Cooperation Act of 1969 ", are authorized and
empowered to cooperate with each other on a basis of mutual advantage and thereby to
provide services and facilities in a manner and pursuant to forms of government
organization that will accord the best benefit for their corresponding communities; and
WHEREAS, PCHA, in providing housing assistance and services, must adhere to
federal regulations and guidelines established by the U.S. Department of Housing and
Urban Development (HUD), and as applicable to its' gas systems, the U.S. Department
of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA);
and
WHEREAS, the Rainbow Village public housing community which PCHA oversees,
located in unincorporated Pinellas County, has certain master metered gas pipelines
which are subject to PHMSA as provided for below; and
WHEREAS, the PHMSA requires monitoring and mitigation of external corrosion of
underground pipeline facilities and monitoring and mitigation of atmospheric corrosion of
aboveground gas pipeline facilities, odorization testing of gas, to assure the proper
concentration of odorant in accordance with this section, each operator must conduct
periodic sampling of combustible gases using an instrument capable of determining the
percentage of gas in air at which the odor becomes readily detectable, patrolling of the
distribution systems for continuing surveillance of its facilities to determine and take
appropriate action concerning changes in class location, failures, leakage history,
[A04 -02064 /131043/1] 1
corrosion, substantial changes in cathodic protection requirements, and other unusual
operating and maintenance conditions., and ongoing valve maintenance; and
WHEREAS, CGS has the requisite expertise to provide external underground corrosion
monitoring, and Maintenance and Repair, including emergency response to leak
reports and mitigation; and
WHEREAS, PCHA has the personnel and equipment necessary to provide services and
documentation of evaluation, inspection and testing of their gas facilities associated
with: atmospheric corrosion monitoring, odorization of gas testing, patrolling of the
distribution systems, annual leakage surveys, and gas line locating and damage
prevention, and ongoing valve maintenance.
NOW THEREFORE, in consideration of the mutual premise set forth above and the
covenants, obligations, duties and benefits set forth in this Agreement, PCHA and CGS
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this Agreement.
2. External Corrosion Control- Monitoring. CGS will test each underground coated
pipeline that is under cathodic protection two (2) times per calendar year, to
determine whether the cathodic protection meets the requirements of Title 49, Code
of Federal Regulations at 192.463 and provide the necessary remedial actions to
correct deficiencies of the cathodic protection system. CGS will maintain, and
provide to PCHA, reports to document that it has monitored in accordance with this
section.
3. Maintenance and Repair. CGS will provide emergency response to leak reports and
maintain and repair all PCHA pipelines, mains, valves, and other parts covered by
the monitoring, inspection, maintenance and leak mitigation requirements to the
same standard as it does for its owned facilities. CGS will maintain, and provide to
PCHA, reports to document that it has monitored in accordance with this section.
4.Odorization of Gas. PCHA will assure the proper concentration of odorant by
conducting quarterly sampling of combustible gases using an instrument capable of
determining the percentage of gas in the air at which the odor becomes readily
detectable. PCHA will also conduct periodic "sniff' tests at the extremities of the
system to confirm that the gas contains odorant. PCHA will maintain written reports
and verification that the gas has the proper concentration of odorant upon each
sampling and sniff test.
[A04 -02064 /131043/1] 2
2. Distribution Systems- Patrolling. PCHA will perform patrolling services on a
quarterly basis, but never to exceed 4 1/2 month intervals, including the mains in
places or on structures where anticipated physical movement or external loading
could cause failure or leakage. PCHA will maintain records to document that it
patrolled the distribution system at least quarterly.
3. Valve Maintenance- Distribution Systems. PCHA will check and service each valve
on a quarterly basis. PCHA will take prompt remedial action to correct any valve
found inoperable, unless an alternate valve is designated to operate in place of the
inoperable valve. PCHA will maintain inspection and maintenance records to
demonstrate that it has checked and serviced the shut off /key valve at least
quarterly.
4. Leakage Survey. A leakage survey shall be conducted by PCHA with leak detector
equipment, including tests of the atmosphere in gas, electric, telephone, sewer, and
water system manholes, at cracks in pavement and sidewalks, and at other locations
providing an opportunity for finding gas leaks, at intervals not exceeding 15 months,
but at least once each calendar year. PCHA will maintain inspection and
maintenance records to demonstrate that it has performed the required leak survey
5. Gas Line Locating- Damage Prevention Upon proper notification,- provide for
temporary marking of buried pipelines in the area of excavation activity before, as far
as practical, the activity begins. PCHA shall respond to requests for such marking
within 48 hours or 2 full business days, whichever is longer. PCHA will maintain
inspection and maintenance records to demonstrate that it has performed the
required line locating
6. Atmospheric Corrosion Control: Monitoring. PCHA will inspect each pipeline or
portion of pipeline that is exposed to the atmosphere for evidence of atmospheric
corrosion, At least once every 3 calendar years, but with intervals not exceeding 39
months as required by 192.481. PCHA will maintain reports to document that it has
monitored in accordance with this code section
Compensation of CGS.
A. Any and all direct expenses associated with monitoring, testing,
inspection and or for the continued maintenance of gas
infrastructure, and correction of deficiencies through remedial
actions, such as parts and labor necessary (labor to be billed at
$83.53 per hour, per CGS employee), as determined by CGS as
[A04 -02064 /131043/1] 3
necessary as a result of the quarterly Pipeline Monitoring,
Inspection and Maintenance services, shall be invoiced by CGS
after services are provided. Additionally required equipment shall
be billed from the Appendix "A" rate schedule.
7. Indemnification and Insurance. To the extent permitted by Florida Statute 768.28,
the Parties shall indemnify and hold each other, as well as any employees or
Contractors of the non - negligent Party, harmless for their own negligence, from suits
for damages and from any liability for injuries suffered by any person, in any way
related to or pertaining to the activities and obligations contemplated hereunder.
However, said indemnification shall not extend to damages or injuries caused by the
negligent acts or omissions by the other Party including, but not limited to, violations
of federal, state and local laws and ordinances. Further, notwithstanding anything
herein that might be construed to the contrary, neither party herein intends to waive
any right to claim sovereign immunity as a defense pursuant to applicable Florida
laws. CGS shall carry, at its own expense, all applicable insurance including, but not
limited to, public liability insurance, and workers' compensation insurance, in
amounts adequate to protect the interest of the CGS in its normal course of
business. CGS may self- insure for such insurance and shall provide PCHA with a
letter of self insurance from its Risk Manager. However, PCHA shall also carry, at
its own expense, insurance of the same or similar type and amount(s) of coverage
as that carried by CGS for CGS operations of similar type and scope as that being
performed for CGS, with the CGS designated as one of the named insured.
Nothing in this Agreement shall be deemed as a waiver of immunity or limits of
liability of the PCHA or the CGS, including its supervisors, commissioners, officers,
agents or employees, beyond any statutory limited waiver of immunity or limits of
liability which may have been adopted by the Florida Legislature in Section 768.28,
Florida Statutes, or other statute, and nothing in this Agreement shall inure to the
benefit of any third party for the purpose of allowing any claim which would
otherwise be barred under the Doctrine of Sovereign Immunity or by operation of
law.
8. Term. This Agreement shall become effective on October 1, 2013 and shall be
automatically renewed on a month -to -month basis until terminated in accordance
with the provisions herein.
9. Termination. Either party may terminate this agreement by providing written notice
of not less than sixty (60) days to the other party. CGS may terminate this
agreement immediately if, in its sole discretion, it determines that PCHA has not
permitted CGS to address, remedy, or repair any facility for which CGS is
responsible hereunder, by way of example and not limitation, PCHA's refusal to
allow CGS access to said facilities, PCHA's refusal to approve compensation for
necessary parts or labor for adequate repair, or for any other reason CGS deems it
cannot adequately address a dangerous or compromised situation.
10. Entire Agreement. This Agreement is the entire Agreement between the parties.
There are no other understandings or Agreements between them.
[A04 -02064 /131043/1] 4
11. Non - waiver. No delay or failure by either party to exercise any right under this
Agreement, and no partial or single exercise of that right, shall constitute a waiver of
that or any other right, unless otherwise expressly provided herein.
12. Headings. Headings in this Agreement are for convenience only and shall not be
used to interpret or construe its provisions.
13.Governinq Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. In any action, in equity or law, with
respect to the enforcement or interpretation of this Agreement, venue shall be in
Pinellas County, Florida.
14. Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original but all of which together shall constitute one
and the same instrument.
15. Binding Effect. The provisions of this Agreement shall be binding upon and inure to
the benefit of both parties and their respective legal representatives, successors,
and assigns.
16. Severability. If any part of this Agreement is held by a court of competent jurisdiction
to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable part shall
be deemed severable and the remaining parts of this Agreement shall continue in
full force and effect provided that the rights and obligations of the parties are not
materially prejudiced and the intentions of the parties can continue to be effected.
In witness whereof the parties have executed this Agreement to be effective on the date
first above written.
Pinellas County Housing Authority
Attest:
Witness
Attest:
by:
by:
[A04 -02064 /131043/1] 5
ebra Johnson, Executive Director
Clearwater Gas System
Title: tizt...►� )ri. .p. rG�
Countersigned:
-tWrie Host
George N. Cretekcrs
Mayor
Aim +ved as to form:
,eg-- f_. ,4 ij
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINEI LAS'
,
CITY OF C
Bpi;
FARM/ATER, FLORIDA
o4&
y
Attest:
er
.kfieNdijklaC4-
Rosemarie Call
City Clerk
oregoing instrument was ackno rl iged befo
20/3 , by GEORGE N. CRETEKOS,
n to me.
Awe a
P
Not
e Name,
btic
7 J 1 1
STATE OF FLORIDA
CDUNTY OF PINELLAS
�z
6- day of
City of Clearwai
Notary Public State of Florida
Patricia A Kuligowski
MY Commission FF 044288
np" Expire 10/20/2017
oing le gad l fore me this l ' h day of
20 I by '- , City IVIariager of the City of Crater,
ykncw xton .� \ \\ Si\ J(r LeCkIrCk .
trument was acknow
4-
.ho is
t3
aft ?��•, AnneMarie Wills
_ ?: 1 COMMISSION #EE843159
':+';= EXPIRES: NOV. 24, 2016
''••°�;�:``�� WWW.AARONNOTARY.com
APPENDIX "A" EQUIPMENT RATE SCHEDULE
LABOR AND EQUIPMENT HOURLY RATE
DESCRIPTION
REGULAR RATE
[HOURLY]
OVERTIME RATE
[HOURLY]
SUPERVISOR
70.00
95.00
FOREMAN
55.00
70.00
WELDER AND RIG
110.00
140.00
OPERATOR
45.00
60.00
LABORER
40.00
48.00
DRIVER.
40.00
50.00
TRACK HOE
100.00
100.00
BACK HOE - DOZER
60.00
60.00
SIDEBOOM
85.00
85.00
DITCHING MACHINE
75.00
75.00
DUMP TRUCK
75.00
75.00
PICK -UP TRUCK
25.00
25.00
TRACTOR & TRAILER
150.00
150.00
UTILITY TRUCK
45.00
45.00
BORING MACHINE
150.00
150.00
AIR COMPRESSOR
25.00
25.00
PIPE TRAILER
65.00
65.00
WATER PUMP
65.00
65.00
FUSION EQUIPMENT
75.00
75.00
GENERATOR
25.00
25.00
COMPACTOR
25.00
25.00
CONCRETE SAW
25.00
25.00
BARRICADES OR SIGNS
175.00 PER DAY
175.00 PER DAY
-ARROW BOARD
125.00 PER DAY
125.00 PER DAY
-CONES
75.00 PER DAY
75.00 PER DAY
- CLASS BHIGH DENSITY D.O.T. LIGHTS
150.00 PER DAY
150.00 PER DAY
"LIGHT PLANT
85.00 PER DAY
85.00 PER DAY
-JERSEY BARRICADES (each barricade)
50.00 PER DAY
50.00 PER DAY
6• x 8' x 8' SHORING BOX (each box)
500.00 PER DAY
8• x 8' x 10' SHORING BOX (each box)
960.00 PER DAY
WELLPOINTS
475.00 PER DAY
VACUUM EXCAVATION TRUCK
1,200.00 PER DAY
700.00 % DAY
GROUND PENETRATING RADAR (GPR)
1,000.00 PER DAY
600.00' DAY
VACUUM EXCAVATION / GROUND
1,750.00 PER DAY
MATERIALS & OUTSIDE SERVICES WILL BE BILLED AT COST +15%
[A04 -02064 /131043/1]
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