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SCHAMATIC LEVEL DESIGN SERVICE OF THE GULF BOULEVARD IMPROVEMENT PROGRAM ~ 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 PINELLAS COUNTY AND THE CITY OF CLEARWATER FOR SCHEMATIC LEVEL DESIGN SERVICE OF THE GULF BOULEVARD IMPROVEMENT PROGRAM AGREEMENT PREPARED BY DEPARTMENT OF PUBLIC WORKS CONSULTANT SERVICES DIVISION Page 1 of 13 SECTION 1 INTENT OF INTERLOCAL AGREEMENT THIS AGREEMENT entered into on the L1-- day of 0 L ~b -4- 2006, between the BOARD OF COUNTY COMMISSIONERS of Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and the CITY OF CLEAR WATER, a municipal corporation of the State of Florida, hereinafter called the MUNICIPALITY. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969;" and WHEREAS, the GULF BOULEVARD IMPROVEMENT PROGRAM, hereinafter referred to as the PROJECT, is intended to enhance the entire Gulf Boulevard corridor running through the Pinellas County beach cities by creating a unified streetscape experience and relocating the overhead utilities underground; and WHEREAS, the main purposes of the GULF BOULEV ARD IMPROVEMENT PROGRAM are to upgrade streetscape and utility elements to improve safety and welfare of the public and increase tourist appeal in the project area; and WHEREAS, the GULF BOUL V ARD IMPROVEMENT PROGRAM Master Plan published in June 2001 and subsequent PROJECT BUDGET REPORT (December 2002) identifies conceptual quantities and costs of streetscape components, a copy of which is maintained in the official records of Pinellas County; and WHEREAS, the parties have determined that schematic level design services are required to further define construction requirements and update anticipated construction cost estimates for future funding considerations; and WHEREAS, the parties desire to commit themselves to this joint project by providing financial support for the schematic level design service; and WHEREAS, the parties 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 MUNICIPALITY, in consideration of the mutual covenants hereinafter set forth, agree as follows: Page 2 of 13 SECTION 2 THE PROJECT 2.1 In accordance with the GULF BOULEV ARD IMPROVEMENT PROGRAM MASTER PLAN dated June 2001 and subsequent PROJECT BUDGET REPORT (December 2002), the streetscape components identified in Appendix A of this agreement will be consistent with the intent of the Master Plan/Report and considered Basic Elements of the Gulf Boulevard Streetscape design within the MUNICIPALITY limits. 2.2 The Basic Elements identified in Appendix A will be considered minimum components to be used during the schematic level design service of the PROJECT. Supplemental Elements may be identified in the design documentation, considered "Optional Implementation" as determined by the MUNICIPALITY. 2.3 The identification of these components is intended to provide for a uniform level of consistency within the Gulf Boulevard corridor and within the MUNICIPALITY'S jurisdictional limits, subject to physical design constraints, and permit requirements. These defined elements are subject to an evaluation conducted during the schematic level design process by the PROJECT Consultant. The schematic level design services will incorporate the Basic Elements reasonably applied with features identified in the corridor that may already exist, equivalent to or demonstrating compliance of the intent of the GULF BOULEV ARD IMPROVEMENT PROGRAM MASTER PLAN and subsequent PROJECT BUDGET REPORT. SECTION 3 MUNICIPALITY'S COMMITMENT 3.1 The MUNICIPALITY will participate in the schematic level design service, providing input during plan development for confirmation of compliance to standards established in the aforementioned MASTER PLAN and subsequent PROJECT BUDGET REPORT. The MUNICIPALITY will return comments generated during the review process within 15 calendar days of receipt of plans to avoid project delays. 3.2 The MUNICIPALITY acknowledges the quantities of easements that may be identified during the schematic level design effort are approximate and subject to change by final utility design requirements. A 10' Public Utility and Landscape Easement along each side of the Gulf Boulevard corridor is highly desirable to assist with the design of the undergrounding of Utilities, affording more flexibility in uncertain underground conditions, and provide opportunity for landscape treatment in confined sections of the corridor. 3.3 The MUNICIPALITY will be responsible for obtaining and paying for all mutually agreed upon utility easements within the MUNICIPALITY limits, identified in the design documentation, if identified by the Utility Company as needed to construct Page 3 of 13 .... , the PROJECT. The MUNICIPALITY acknowledges that the COUNTY cannot advertise for construction until all easements necessary for undergrounding of utilities have been acquired. The MUNICIPALITY will diligently proceed in obtaining these easements in a timely manner to avoid delays in starting construction and added costs to both the COUNTY and MUNICIPALITY. 3.4 The MUNICIPALITY will be responsible for the providing and paying for all private utility overhead-to-underground service conversions within the MUNICIP ALITY limits, which will be identified in the future design documentation if needed to construct the PROJECT. 3.5 The MUNICIPALITY will be responsible for providing the necessary funding for all schematic level design services associated with the PROJECT streetscape component within the MUNICIPALITY limits. 3.6 The MUNICIPALITY acknowledges this agreement can be modified upon the mutual agreement of both parties to include the cost of final design and construction of the PROJECT, subject to funding approval by the MUNICIPALITY. 3.7 The MUNICIPALITY acknowledges their potential future funding responsibilities in the construction effort will include implementation of the streetscape design, based on the standards established in the schematic level design service and the aforementioned GULF BOULEVARD IMPROVEMENT PROGRAM MASTER PLAN dated June 2001 and subsequent PROJECT BUDGET REPORT (December 2002) as amended by the final design construction documents. 3.8 The MUNICIPALITY acknowledges it is in the best interests of the general public and to the economic advantage of both parties that the undergrounding of utilities and the streetscape effort will be constructed as part of the same construction effort under the COUNTY's direction. 3.9 The MUNICIPALITY agrees that all decisions regarding the schematic level design services, final design and construction of the project will be generally consistent with the intent of the aforementioned GULF BOULEV ARD IMPROVEMENT PROGRAM MASTER PLAN dated June 2001 and subsequent PROJECT BUDGET REPORT (December 2002). 3.10 The MUNICIPALITY agrees to assist the COUNTY during the implementation of the PROJECT by conducting public meetings to provide information to the general public, and to assist with the research and transfer of information and/or public records that may be in the possession of the MUNICIPALITY to the COUNTY, and MUNICIPALITY staff that may provide assistance during all implementation phases of the PROJECT. Page 4 of 13 SECTION 4 COUNTY'S COMMITMENT 4.1 The COUNTY will provide management oversight during the implementation of the design and construction of the PROJECT. Such duties include, but are not limited to, Project Management, procurement of Professional Services from third parties which may be supplemented by County staff, hiring of a construction contractor(s), and coordination/negotiation with utility companies, construction inspection which may be supplemented by third parties, etc. 4.2 The COUNTY acknowledges this agreement can be modified to include the final design and construction of the utility and streetscape components of the PROJECT, utility component subject to funding approval by the COUNTY. 4.3 In consideration of the MUNICIPALITY's potential future commitment to fund the implementation of the design and construction of the streetscape element of the PROJECT, the COUNTY acknowledges their potential future funding responsibilities will include implementation of the design and construction of undergrounding of the overhead utilities, and restoration efforts caused by the undergrounding of the overhead utilities concurrent with the MUNICIPALITY's implementation effort. 4.4 In the event both the COUNTY and MUNICIPALITY approve the funding for the construction of the Gulf Boulevard Improvement Program within the jurisdiction of said MUNICIPALITY, consistent with the intent of the aforementioned GULF BOULEV ARD IMPROVEMENT PROGRAM MASTER PLAN and subsequent PROJECT BUDGET REPORT, as defined by the final design documents for said construction, the COUNTY acknowledges their funding responsibilities will include the reimbursement of funds paid by the MUNICIPALITY for undergrounding the Gulf Boulevard overhead utilities within said MUNICIPALITY prior to the implementation of the PROJECT. Said reimbursement may be by separate agreement with the MUNICIPALITY, or an amendment to this agreement. Upon approval by the COUNTY for said funding for underground reimbursements the MUNICIP ALITY acknowledges that all reimbursement requests will be accompanied by auditable detailed documentation of actual expenditures for examination by the COUNTY. Upon COUNTY verification of expenditures by MUNICIPALITY, reimbursement would be made within sixty (60) days after receipt. Both parties further acknowledge reimbursements can only be made after COUNTY approval of award of bid for construction of the PROJECT within said MUNICIP ALITY jurisdiction. 4.5 The COUNTY will assist the MUNICIPALITY in seeking Federal and/or /State grants that may be available to assist with the funding of the PROJECT by providing documentation that may be in the COUNTY's possession. 4.6 In consideration of the MUNICIPALITY'S commitment to provide financial support of the schematic level design service of the PROJECT streetscape Page 5 of 13 component, the COUNTY will advance payment for all costs necessary for a schematic level design service associated with determining anticipated easement locations necessary for the undergrounding of the overhead utilities. Municipality acknowledges easement locations developed during the schematic level design are approximate, subject to modification during the final design and construction document phase of the PROJECT. SECTION 5 COMPENSATION 5.1. The COUNTY will advance payment for all costs related to the Professional Services associated with the schematic level design service which includes the aforementioned Basic Element of the GULF BOULEVARD IMPROVEMENT PROGRAM MASTER PLAN streetscape component up to an amount not to exceed $6,765.41. The MUNICIPALITY will reimburse the COUNTY for the actual cost related to the schematic level design of the PROJECT plus a five percent (5%) administrative surcharge for the COUNTY's costs of administration of the associated contract(s) up to an amount not to exceed $338.27, for a total reimbursement cost of an amount not to exceed $7,103.68. In the event the total costs exceed $7,103.68, the PROJECT may be terminated or this Agreement may be amended to increase these spending limits. Actual costs will not be determined until completion and acceptance of final schematic level design documentation. 5.2. The COUNTY will invoice the MUNICIPALITY on a monthly basis for reimbursement of costs outlined in this Interlocal Agreement. All reimbursement requests will have adequate documentation (consultant invoices) justifying actual amounts paid by COUNTY. Payment shall be in accordance with the Local Government Prompt Payment Act. SECTION 6 GENERAL PROVISIONS 6.1. The COUNTY's records of expenses related to the PROJECT will be available for examination, audit, and/or reproduction by the MUNICIPALITY's agent or representative, at any time, should the MUNICIPALITY determine a need for such examination, at its sole discretion. Records should be retained for three (3) years after final payment is made. 6.2. It is the intent of the COUNTY and MUNICIPALITY that, upon completion of the schematic level design service phase of the PROJECT, this agreement be amended to include the design and subsequent construction of both the undergrounding of utilities and the streetscape components, subject to funding. Construction of Page 6 of 13 undergrounding of utilities and streetscape components will be performed in unison, subject to the terms of the aforementioned amendment. 6.3. Upon completion of the PROJECT, the MUNICIPALITY will own, operate, and maintain all streetscape components implemented in the PROJECT within their MUNICIP ALITY jurisdiction, subject to terms in the associated construction permits and Interlocal Agreement amended for same. SECTION 7 ADDITIONAL SERVICES The COUNTY will not enter into Additional Services that would require additional compensation from the MUNICIPALITY without advance written approval by the MUNICIP ALITY. SECTION 8 AGREEMENT TERM This Agreement will become effective on the date of execution first written above as well as recording in the official records of Pinellas County and will remain in effect until September 30, 2007 unless extended by mutual agreement of both parties, or terminated under other provisions of this Agreement. SECTION 9 TERMINATION OF AGREEMENT 9.1 Either party upon thirty (30) days written notice may terminate this Agreement if conditions arise, such as lack of available funding, that dictate it is in the public interest to terminate. In the event of contract termination, the MUNICIPALITY will pay all costs associated with the Schematic Level Design Service to the level of effort completed at time/date of termination. 9.2 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 will 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 will be binding upon the parties, their successors, assignees, and legal representatives. 9.3 Each party, without waiving its sovereign immunity, is responsible, to the extent provided by law, only for its own negligence in the performance of the agreement. 9.4 Any amendment to, or modification of, this Agreement or any alteration, extension, supplement, change of time, or scope of the work will be in writing and signed by both parties. Page 7 of 13 9.5 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. 9.6 This Agreement will be governed and construed in accordance with the laws of the State of Florida. 9.7 Nothing herein will be construed to create any third party beneficiary rights in any person not a party to this Agreement. 9.8 In the event funds are not appropriated by or on behalf of the COUNTY or MUNICIP ALITY in any succeeding fiscal year for purposes described herein, thus preventing the COUNTY or MUNICIPALITY from performing its contractual duties, then this Agreement will be deemed to terminate at the expiration of the fiscal year for which funds were appropriated and expended. SECTION 10 OFFICIAL NOTICE All invoices or notices required by law or by this Agreement to be given by one (1) party to the other, will be in writing, and will be sent to the following respective addresses: 1. COUNTY: Director of Financial Services & Contracts Pinellas County Department of Public Works Administration 440 Court Street Clearwater, FL 33756 2. MUNICIPALITY: CITY OF CLEAR WATER 112 S. Osceola Avenue Clearwater, FL 33756 Page 8 of 13 -, SECTION 11 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 PINELLAS COUNTY, by and through its County Administrator By: -;JJ: Title: William B. Horne II City Manager By~~JtuI ~ WITNESS: _ ATTES'I:.: _ -.. _:: .-: - - ~. ~l~~..fud1r~~ ../ : . C1ty CJJ.erk ~,... -- .' ~' WITNESS: By: ~~. u_ ~ ApP~.()Y~I? ;\81:0 FORM: BY~ Office 0 -city of Clearwater Attorney Pamela K. Akin City Attorney APPROVED AS TO FORM: BY~~ Office of County Attorney Countersigned: ~,-e F~k V. Hibbard Mayor p(,~ Page 9 of 13 APPENDIX A STREETSCAPE COMPONENTS CITY OF CLEARWATER Note: Components as per GULF BOULEVARD IMPROVEMENT PROGRAM PROJECT BUDGET REPORT December I, , y Private Service Conversion - Residential Sin Ie Phase Private Service Conversion - Commercial Sin Ie Phase Private Service Conversion - Commercial 3 Phase Private Service Conversion - Commercial 3 Phase Closed Delta Each Each Each Each Sanibel Li ht Fixture - 17' mountin ht., color: white Sanibel Li ht Fixture - 17' mountin ht., color: black Sanibel Li ht Fixture -17' mountin ht., color: white Sanibel Li ht Fixture - 17' mountin ht., color: black Sanibel Li ht Fixture - 17' mountin ht., color: white 70' o.c. s acin *Note: installation cost includes banner arms and electrical outlet for each ole Banners for oles Each ..1\ic>tI Trolle Trolle Trolle Trolle Trolle Trolle & metal banner Page 10 of 13 " . . ;Uriti Aluminum Ribbon Bench b Beacon Products Custom color for aluminum Ribbon Bench Gulf Blvd or MUNICIPALITY medallion for bench arm Concrete Pad for bench/litter rece tacle node Bike Racks Traffic stri in for bike lane Custom Color for bike rack .f"':""-'''-':''' '.,:.;::,:.:,;:, .':i........lI;} :":!J,_ :: mP.: Concrete Crosswalk w/ Tinted & Textured Concrete Concrete Crosswalk w/ Tinted & Textured Concrete Concrete Crosswalk w/ Tinted & Textured Concrete Concrete Crosswalk w/ Tinted & Textured Concrete Concrete Crosswalk w/ Tinted & Textured Concrete Safe Haven Median Safe Haven Cone. Crosswalk 2 lane road Safe Haven Cone. Crosswalk 2 lane w/ turn lane Safe Haven Cone. Crosswalk 4 lane road Safe Haven Cone. Crosswalk 4 lane w/ turn/median Safe Haven Cone. Crosswalk 4 lane w/ median/ arkin Handica Ram s for safe haven median crosswalks Handica Ram s at intersections Demolition and excavation of existin as halt for safe haven median Groundcover ass for safe haven median Shrubs for safe haven median ass S ecimen lant materials for safe haven median ass Irri ation for safe haven median Page 11 of 13 :i i:...hll~:;! ;f: Each Linear Feet Each Q Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each , Site Pre Mulch Each Each Each Each Each Each Each Each Each Square Feet Cubic Yard ti Concrete Sidewalk ra Demolition / Site Pre for Sidewalk Page 12 of 13 Square Feet Square Feet Square Feet ,. . Each Linear Feet Each Linear Feet Each Each Lum Sum Each Linear Feet Page 13 of I3 i I TO: Stephen M. Spratt, County Administrator THROUGH: 1. Keith Wicks, P.E., Assistant County Administrator Jan R. Herbst, P.E., Direct~r, Public Works 1Z1~ Interlocal Agreement with various Municipalities for Schematic Design Service of the Gulf Boulevard Improvement Program FROM: SUBJECT: DATE: October 6,2006 '. RECOMMENDATION: I RECOMMEND THE COUNTY ADMINISTRATOR APPROVE THE INTERLOCAL AGREEMENT WITH THE V ARlOUS MUNICIPALITIES FOR SCHEMATIC DESIGN OF THE GULF BOULEVARD IMPROVEMENT PROGRAM. DISCUSSION: During project meetings with the eleven municipalities, project costs were a major focal point. In an effort to further define the future costs and expectations of project implementation, the decision to perform a schematic level streetscape design of the project corridor was made. Phil Graham and Associates, the consultant used for the original Master Plan and subsequent Budget Report, was an obvious choice to continue the concepts and further clarify the intent of the Master Plan in this effort. The consultant fee was prorated among the municipalities using the length of the corridor within each jurisdiction. This Interlocal Agreement provides the appropriate mechanism for reimbursement by each of the municipalities for this effort, plus a modest 5% administration fee to the County for staff effort administering the contract. The Interlocal Agreement also includes language that identifies the intent of the Gulf Boulevard Program for future amendments that will be required to continue with each phase of funding and implementation of the project. Ten of the eleven Municipalities have signed and returned the Interlocal Agreement. Indian Rocks Beach (IRB) has declined to approve the Interlocal Agreement. They have passed Resolution No. 2006-17, listing their terms to continue negotiations. The terms cited by the City shift the majority of the streetscape components as an obligation for the County to fund. Consideration of this request would have to be applied to all the municipalities involved in the program. Based on the potential impact to the County budget, County Staff recommends IRB be excluded from the program. In an effort to avoid delay in the production schedule, Pinellas County will contribute an amount not to exceed $1,258.44 towards the consultant schematic streetscape design fee to avoid modifying the remaining ten Interlocal Agreement expenditure limitations. County staff will continue a dialogue with the City of IRB in the event a mutual decision of project continuance can be made. II This project is budgeted within the County's Capital Improvement Program. The sources of funding for this Interlocal Agreement are the Infrastructure Sales Tax (penny for Pinellas) and fundirig from ten of the eleven participating Municipalities. EXPENDITURE: $45,622.00 ($44.363.56) $ 1,258.44 Total Schematic Design Cost Funding from participating Municipalities County's share Approval of this agreement is within the authority of the County Administrator, as delegated by the Board of County Commissioners, pursuant to Ordinance No. 06-67, Section 2-62, Pine lIas County Code. Please retain one original packet for filing on your future quarterly receipt and file report. Date: toll\((H~ Recommendation Approved: ~s1IcfA) ~ Stephen M. Spratt, County Administrator Attachments: Contract Review Transmittal Agreements Financial Overview Cost Matrix