INTERLOCAL AGREEMENT FOR THE RELOCATION OF THE COUNTYS POTABLE WATER MAINSINTERLOCAL AGREEMENT
BETWEEN PINELLAS COUNTY AND THE CITY OF CLEARWATER FOR THE RELOCATION
OF PINELLAS COUNTY UTILITIES MAINTAINED, SUPPLIED AND OPERATED BY
PINELLAS COUNTY IN CONJUNCTION WITH THE DRAINAGE CONSTRUCTION
IMPROVEMENTS ALONG BERKLEY PLACE IN THE CITY OF CLEARWATER.
SECTION 1
INTENT OF AGREEMENT c
This AGREEMENT, made and entered into this _ day of i , 2016, by
and between PINELLAS COUNTY, a political subdivision of the State of Flo ida, acting by and
through its County Administrator, hereinafter referred to as "COUNTY ", and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation within said Pinellas County, acting by and
through its City Manager, herein referred to as "CITY ", collectively referred to as the "PARTIES ".
WITNESSETH that:
WHEREAS, the CITY constructed drainage system improvements along Berkley Place
within the City of Clearwater; and
WHEREAS, the COUNTY owns and operates potable water mains, service connections,
and appurtenances, referred to herein as "UTILITIES" that required relocation at the area along
Berkley Place, City of Clearwater, as described in Exhibit A, herein referred to as the "PROJECT ";
and
WHEREAS, the COUNTY is required to relocate its UTILITIES as part of the PROJECT;
however, the COUNTY requested the CITY relocate said UTILITIES; and
WHEREAS, the CITY has completed the PROJECT, and the COUNTY agrees to
reimburse the CITY for the total cost for relocation of its UTILITIES; and
NOW, THEREFORE, in consideration of the monies hereinafter agreed to be paid and the
mutual covenants contained herein, the PARTIES hereby mutually agree as follows:
SECTION 2
SCOPE OF CONSTRUCTION SERVICES
The scope of Construction Services for the PROJECT shall include the following:
The relocation of the COUNTY'S potable water mains, multiple service connections, and
appurtenances found to be in conflict with the proposed drainage system improvements, pursuant
to the construction drawings, along Berkley Place in the City of Clearwater.
1
SECTION 3
SERVICES TO BE PROVIDED BY THE CITY
The CITY's Engineer designed the drainage improvements as part of its Berkley Place drainage
improvement plans and produced construction drawings, specifications, quantity list and cost
estimates.
All PARTIES accepted and approved the CITY's construction drawings and specifications, and
the CITY hired a private contractor to construct the PROJECT.
The CITY provided a representative that attended construction meetings and inspected the
construction of the roadway and drainage improvements and ensured that construction was
completed in accordance with the construction drawings and specifications.
The PROJECT is complete, and the CITY ensured that any warranty, including materials,
equipment, workmanship and closeout documents, by the contractor constructing the PROJECT,
was passed on to the COUNTY under the same terms and conditions as that warranty applies to
facilities constructed or installed on behalf of the CITY.
The CITY's private contractor added the COUNTY as additional insured to its Commercial
General Liability policy.
The indemnification wording in the CITY'S contract with the private contractor included the
COUNTY as an indemnified party.
SECTION 4
SERVICES TO BE PROVIDED BY THE COUNTY
The COUNTY produced utilities relocation documents to address the drainage system
improvements. These documents consisted of construction drawings, specifications, quantity list,
and cost estimate suitable to construct the PROJECT.
The COUNTY provided a representative to attend construction meetings and inspect the
construction of the PROJECT to ensure that COUNTY standards are met.
The COUNTY submitted and obtained any permits associated with the relocation of the
COUNTY'S UTILITIES and operation within the PROJECT.
The work is completed, and the COUNTY owns, operates, and maintains only the up- grades to
the potable water mains, service connections and appurtenances that already belonged to it prior
to the PROJECT.
2
SECTION 5
FUNDING AND INVOICING
The COUNTY will pay the total cost of construction, relocation of the potable water mains, service
connections and appurtenances found to be in conflict with the proposed drainage system
improvements along Berkley Place, which shall not exceed Eleven Thousand, Six Hundred, Sixty -
Five Dollars and Fifty -Five Cents ($11,665.55).
The CITY has paid the total construction cost for the PROJECT. The City has invoiced the
COUNTY for the costs of the relocation of COUNTY utilities, not to exceed Eleven Thousand, Six
Hundred, Sixty -Five Dollars and Fifty -Five Cents ($11,665.55), and the COUNTY'S Project
Manager has approved the aforementioned relocation costs.
Throughout the construction, the CITY processed invoices from the contractor and submitted
copies to the COUNTY along with progress reports and requests for payment. The COUNTY shall
pay the CITY in accordance with the Florida Prompt Payment Act time schedule for construction
projects.
SECTION 6
ACCOUNTING RECORDS
Records of expenses pertaining to all services performed have been kept in accordance with
generally recognized accounting principles and procedures.
SECTION 7
TERM OF AGREEMENT
This Agreement shall commenced on the date the COUNTY advised the CITY to initiate the
relocation, which was September 3rd, 2015 and shall remain in effect until the COUNTY pays the
relocation costs owed to the CITY, as detailed in section 5 above..
SECTION 8
NOTICE
All notices or reports under this Agreement shall be directed to the following addresses:
Project Manager for the COUNTY: Guillermo Q. Bay, E.I.
Office of Engineering & Technical Support
14 S. Ft. Harrison Avenue, 6th Floor
Clearwater, FL 33756
Project Manager for the CITY: Phuong Vo
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756
Engineer of Record for the CITY: John E. Loper, P.E..
Interflow Engineering LLC
14499 N Dale Mabry Hwy., Ste. 290
3
Tampa, FL 33618
SECTION 9
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, whether written or verbal between the PARTIES with
respect to the subject matter herein. 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
4
IN WITNESS WHEREOF, the PARTIES hereto, or their lawful representative, have
executed this Agreement as of the date first above written.
CITY OF CLEARWATER,
a municipal corporation
of the State of Florida
PINELLAS COUNTY, FLORIDA, a
political subdivision of the State of
Florida, by and through its County
inistrator
A
By: Gu AIL/A.1/2a/we ` /1eX' FDr; By.
IIham B. Horne, City Manager
ATTEST:
County Ad • •istrator
A-1\‘1 tU)
WITNESS:
Camilo A. Soto
Assistant City Attorney
APPROVED AS TO FORM:
By: vtr
0 ice of the County AttaMey
5
Exhibit A - 6 inch Water Main Offset at Berkley and Arlington Place, Clearwater
N