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HomeMy WebLinkAbout09.b EDB ILA for utility main impacts at two locations on CR315 EXECUTIVE SUMMARY AGENDA ITEM: Interlocal Agreement with Clay County for utility main impacts at two locations on CR 315 associated with the design and construction of the County's Bonded Transportation Program,Project No. 6B - Cathedral Oak Parkway CR 216 (BTP 6B)in Clay County,Florida Date:November 7,2023 BACKGROUND: CCUA Staff requests approval to enter an Interlocal Agreement (Agreement) with Clay County (County)associated with utility improvements at two locations on CR 315 that intersect the new BTP 6B project. The County is finalizing BTP 6B constructions plans that impact CCUA utility lines at two locations along CR 315. A sketch of these locations is provided in the Agreement. The first impacted area is where the BTP 6B roadway alignment crosses CR 315. By accepting this Agreement CCUA will subordinate a portion of our utility easement where the BTP 6B road alignment crosses our easement The second impacted area that requires utility relocations is located at the transition from CR 315 to the eastern extent of the new BTP 6B project. Because the existing utility mains at this location are in a CCUA utility easement the county is responsible for relocating the mains and providing a new utility easement for the new utility main alignment.CCUA will be required to subordinate the portion of our utility easement at this location. This Agreement outlines the County's and CCUA's responsibilities associated with utility impacts at these two locations. There is no cost to CCUA for this work as the existing mains that are to be relocated are in a CCUA easement. Both CCUA, County Staff and attorneys have reviewed the requirements and language contained within the Agreement. BUDGET: There are no capital cost associated with this BTP 6B project. RECOMMENDATION: Staff respectfully recommends the Board of Supervisors approve the attached Interlocal Agreement with Clay County associated with utility improvements at two locations on CR 315 that intersect the new BTP 6B project. ATTACHMENTS: Proposed Interlocal Agreement //JP(Author) //JG(Review) //PS(Final) Clay County Agreement/Contract No. 2023/2024- INTERLOCAL AGREEMENT Between Clay County and Clay County Utility Authority Re: CR 315 Utility Conflicts with Cathedral Oak Parkway(CR 216) THIS INTERLOCAL AGREEMENT is made and entered into this day of November, 2023,by and between Clay County, a political subdivision of the State of Florida(the County), and the Clay County Utility Authority, an independent special district in the State of Florida(CCUA). WHEREAS, the County is currently engaged in the design and construction of Cathedral Oak Parkway (CR 216) in Clay County, Florida as part of its Bonded Transportation Program, Project No. 6B; and WHEREAS,design plans for the new Cathedral Oak Parkway indicate two locations where conflicts will occur with existing CCUA utilities along CR 315; and WHEREAS, the design build contractor constructing Project No. 6B provided a cost estimate of$868,723 to design and install new utility casings at the two locations; and WHEREAS, the County views CCUA's request to encase these utility lines at the two locations as a "betterment" to the utilities since the existing utilities at these locations are not encased; and WHEREAS, the County would like to note as an occurrence and a standard practice that CCUA's utilities do cross under County roads throughout the County without such pipes being placed within pipe casings; and WHEREAS, CCUA on the other hand counters that while the encasement does improve the utilities, the current utility lines are not under public roadways and once the utility lines are under a roadway it may raise the potential costs to repair the utilities should a utility pipe fail as in such an instance, traffic movement and roadway infrastructure would be impacted as compared to a similar utility leak occurring in a dedicated easement outside of the roadway right of way; and WHEREAS,CCUA has expressed a concern that if a pipe failure occurs under the roadway and the pipes are not incapsulated within a pipe casing, in order to effectuate the repair, CCUA does not want the burden of repairing the damaged roadway, although recognizing that it would be responsible for repairing the pipes; and WHEREAS,neither CCUA nor the County wish to expend over$800,000(the design build contractor's estimated quote) to install pipe casings at the two locations; and WHEREAS,the County and CCUA desire to work together at the two conflict locations to allow the continued operations of CCUA's existing utilities along CR 315 and to allow the 1 construction of Cathedral Oak Parkway(the Project); and WHEREAS, the County and CCUA desire to establish their respective rights and responsibilities with respect to the Project. NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and conditions contained herein, and for other good and valuable consideration, the legal sufficiency of which is admitted by the Parties, the Parties agree as follows: ARTICLE 1. Authority, General Responsibilities, and Condition Precedent. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes, commonly known as the "Florida Interlocal Cooperation Act of 1969", hereinafter referred to as the Act,and all applicable portions of the Act are made a part hereof and incorporated herein as if set forth at length herein,including,but not limited to the following specific provisions: A. All of the privileges and immunities and limitations from liability,exemptions from laws, ordinances and rules,and all pensions and relief,disability,workers'compensation and other benefits which apply to the activity of officers, agents, or employees of the Parties hereto when performing their respective functions within their respective territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents or employees extra-territorially under the provisions of this Agreement. B. This Agreement does not and shall not be deemed to relieve any of the Parties hereto of any of their respective obligations or responsibilities imposed upon them by law except to the extent of the actual and timely performance of those obligations or responsibilities by one or more of the Parties to this Agreement, in which case performance provided hereunder may be offered in satisfaction of the obligation or responsibility. C. As a condition precedent to its effectiveness, and pursuant to Section 163.01(11), Florida Statutes, this Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Circuit Court of Clay County. D. This Agreement shall be construed under the laws of the state of Florida, and venue for any actions arising out of this Agreement shall lie in Clay County. If any provision hereof is in conflict with any applicable statute or rule or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be deemed severable, but shall not invalidate any other provision of this Agreement. ARTICLE 2. The Project. The construction of road work and utility work at two locations along Cathedral Oak Parkway (CR 216), as part of Project No. 6B. See Site Location Map attached hereto. The first location (Location 1) occurs where Project No. 6B will cross an existing section of CR 315 just north of Willow Springs Drive and south of the 90-degree curve at the intersection 2 with Fuzzy Lane and CR315. At Location 1,the new roadway and right of way for Cathedral Oak Parkway will cross over existing water, sanitary force main and non-potable water lines, three utilities. The roadway design elevates the profile of the new roadway at this location to provide the required cover over the existing utility pipes. The second location (Location 2) occurs at the eastern end where Project No. 6B will connect with the existing alignment of CR 315. At Location 2, the proposed plans call for intercepting CCUA's three utility mains (water, sanitary force main and non-potable water lines) toward the end of Project No. 6B. These three utilities would be rerouted into a new utility easement to be provided by the County. The three utilities would then follow the roadway alignment of the new roadway for approximately 500 feet at which point all three utilities would turn 90 degrees to the roadway and cross the County's right of way beneath the new roadway with adequate coverage, intersecting the utilities and connecting the three rerouted utilities to the existing CCUA lines which reside within an easement currently held by CCUA. ARTICLE 3. Obligations of the County. A. At Location 1, where the County right-of-way crosses CCUA's easement, the County will allow the three existing utility lines(water, sanitary force main and non-potable water lines) to remain in place as is, with construction of the new roadway crossing over the existing lines. See Location#1 Map attached hereto. B. At Location 2,the County, at its expense,will facilitate obtaining a new 20' X 531' utility easement along the southside of CR 315 from Peters Creek, where the County has received a drainage easement as noted on the Willow Springs Replat. See Location#2 Map attached hereto. C. For Location 2, the County, at its expense, will relocate CCUA's utility lines into the County owned right-of-way, running northerly along the east side of the connector road between the new utility easement on the south side of the new CR 315 alignment and the existing CCUA utility easement along the existing CR 315 roadway. See Location#2 Map attached hereto. More particularly, as stated above, the three utilities (water, sanitary force main and non-potable water lines)would be rerouted into a new utility easement to be provided by the County. The three utilities would then follow the roadway alignment of the new roadway for approximately 500 feet at which point all three utilities would turn 90 degrees to the roadway and cross the County's right of way beneath the new roadway with adequate coverage, intersecting the utilities and connecting the three rerouted utilities to the existing CCUA lines which reside within an easement currently held by CCUA. D. The County's contractor will provide a single insurance policy and bond to protect the Project and to secure the payment and performance of both the road work and the utility work being performed at Location 2. The payment and performance bonds submitted by the contractor are to be assignable to CCUA in the event it is necessary to pursue the bonds for defective utility work at Location 2. The County's contractor shall only look to the County, and not to CCUA, for payment associated with the utility work at Location 2 and shall provide CCUA a two-year warranty, consistent with CCUA's standards and specifications for the utility work to performed under this Agreement. 3 E. The County shall be responsible for securing and paying for any required permits for the work necessary for completion of the road work and utility work at Location 2. F. The County shall ensure that the Project is properly insured with builders' risk, against casualty and liability loss, and that worker's compensation coverage is also in place both during construction and upon completion, for any work related to the Location 2 road work and utility work. G. In the event of an unforeseen or a change condition arising during the construction which affects the utility work at Location 2,the County agrees to notify CCUA of these conditions, and the County and CCUA representatives agree to meet to verify the cause and determine any resolution to these conditions. H. The County shall cause the CEI for the Project to ensure the contractor coordinates with CCUA on opening and closing CCUA valves, pressure testing, flushing, chlorination, de- chlorination, regulatory testing and main clearing, and public noticing procedures as required for the utility work at Location 2. The CEI shall notify CCUA's Project Manager in advance of commencement of any procedures involved with CCUA's utility work at Location 2 that could affect public health and safety. I. Following completion of construction, the County shall ensure the contractor prepares and provides to CCUA As-Built Survey and CAD Drawings prepared in accordance with CCUA "As-Built Specifications Standards Manual", latest edition, and minimum technical standards for surveying as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17-6 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Final As-Built Drawings shall represent the utility work that was constructed at Location 2. J. If a pipe repair should become necessary under the roadway at either Location 1 or Location 2 during the term of this Agreement, the County shall provide the repair cost for the roadway and traffic movement, with CCUA being solely responsible for the cost of the pipe repairs. ARTICLE 4. Obligations of CCUA. In addition to CCUA obligations set forth elsewhere in this Agreement, CCUA has the following obligations: A. At Location 1, CCUA shall subordinate approximately 20' X 130' of its existing easement to the County. See Location#1 Map attached hereto. B. At Location 2, CCUA shall subordinate its current easement along the southside of the CR 315 alignment from station 1035+40 to station 1042+50 to the County. See Location #2 Map attached hereto. C. For the Location 2 utility work being performed by the County's contractor,CCUA agrees to designate a Project Manager who will receive, review, and respond within ten (10) 4 working days to all questions and requests from the County. Under no circumstances may CCUA or any of its officers, contractors or agents give direction to the County's contractor in the performance of the road work or the utility work being performed at Location 2 or to the CEI firm in the performance of CEI services related to the road work or utility work being performed at Location 2. D. In the event of an unforeseen or a change condition arising during the construction which affects the utility work at Location 2, upon notification by the County of such conditions, CCUA agrees to meet with County representatives to determine any resolution to these conditions. E. If a pipe repair should become necessary under the roadway at either Location 1 or Location 2 during the term of this Agreement, CCUA shall be solely responsible for the cost of the pipe repairs while the County shall provide the repair cost for the roadway and traffic. ARTICLE 5. Default or Disputes. In the event either Party to this Agreement fails to meet any of its obligations hereunder, the other Party may terminate the Agreement. ARTICLE 6. Transfer or Assignment. Neither the County nor CCUA shall transfer or assign this Agreement, or any rights acquired hereunder, or grant any interest, privilege, or license whatsoever in connection with this Agreement unless first obtaining the written consent of the other Party,which consent shall not be unreasonably withheld. ARTICLE 7. Amendments. Any changes in the provisions of this Agreement which are agreed to by the Parties shall be made by formal written amendment signed by both Parties. ARTICLE 8. Project Management. The Project Managers for the County and for CCUA are listed below and shall be the representative responsible for overall coordination of the Project. Either Party may change its Project Manager upon three (3)business day's prior written notice to the other Party. County CCUA Richard Smith, P.E. Joe Paterniti, P.E. Clay County Dept. of Engineering Clay County Utility Authority P.O. Box 1366 3176 Old Jennings Road Green Cove Springs, Florida 32043 Middleburg, Florida 32068 Telephone: 904-529-3816 Telephone: 904-213-24512 Email: richard.smith@claycountygov.com Email: jpaternitinclayutilitv.org 5 ARTICLE 9. Term. The term of this Agreement shall commence on the effective date and continue for thirty (30) years thereafter, unless amended or terminated by the parties. ARTICLE 10. Effective Date. This Agreement shall commence and be effective on the date it is fully executed by the Parties hereto. ARTICLE 11. Audit, Access to Records, and Repayment of Funds. Both CCUA and the County shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. CCUA and the County shall keep the records of receipts and expenditures and copies of all invoices and supporting documentation for at least three (3) years after expiration of this Agreement and in any event shall meet all applicable requirements for retaining public records as required by Art. 1, Section 24, Florida Constitution, and Chapter 119, Florida Statutes,as from time to time amended(together,the Public Records Laws). In accordance with generally accepted governmental auditing standards, both CCUA and the County shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, CCUA and the County shall maintain all required records until the audit is completed and all questions are resolved. CCUA and the County will provide proper facilities for access to and inspection of all required records. ARTICLE 12. Indemnity. A. Subject to and within the provisions of Section 768.28, Florida Statutes, CCUA shall fully defend, protect, indemnify and hold harmless the County and all of its respective principals, employees, officers, agents, servants and contractors (collectively, the Indemnitees), from and against any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the contractor and persons employed or utilized by it in the performance of the utility work. In light of CCUA being a governmental entity, nothing herein is intended to serve as a waiver of CCUA's sovereign immunity protections nor does it extend CCUA's liability beyond the limits established in Section 768.28,Florida Statutes.Notwithstanding anything stated to the contrary in the Agreement, CCUA's obligation to compensate or indemnify is limited and shall not exceed the limits set forth in Section 768.28,Florida Statutes, as it may be amended from time to time. B. Subject to and within the provisions of Section 768.28,Florida Statutes,the County shall fully defend,protect,indemnify and hold harmless CCUA and all of its respective principals, employees, officers, agents, servants and contractors (collectively, the Indemnitees), from and against any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the contractor and persons employed or utilized by it in the performance of the road 6 work. In light of the County being a governmental entity, nothing herein is intended to serve as a waiver of the County's sovereign immunity protections nor does it extend the County's liability beyond the limits established in Section 768.28,Florida Statutes.Notwithstanding anything stated to the contrary in the Agreement, the County's obligation to compensate or indemnify is limited and shall not exceed the limits set forth in Section 768.28, Florida Statutes, as it may be amended from time to time. C. The provisions of this Article shall survive any termination of this Agreement. ARTICLE 13. Remedies. The Parties will attempt to settle any dispute arising from this Agreement through negotiation and a spirit of mutual cooperation. The dispute will be escalated to appropriate higher- level managers of the Parties, if necessary. ARTICLE 14. Independent Contractor. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. ARTICLE 15. Further Assurances. Each of the Parties shall cooperate with one another, shall do and perform such actions and things, and shall execute and deliver such agreements, documents and instruments, as may be reasonable and necessary to effectuate the purposes and intents of this Agreement. ARTICLE 16. Waiver. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. ARTICLE 17. Severability. Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 7 ARTICLE 18. Electronic Signature. The Parties agree to utilize electronic signatures and that the digital signatures of the Parties set forth below are intended to authenticate this Agreement and have the same force and effect as manual written signatures. Each person signing on behalf of the Parties represents and warrants that he/she has full authority to execute this Agreement on behalf of such party and that the Agreement will constitute a legal and binding obligation of such party. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date set forth below. DATE: , 2023 CLAY COUNTY By: Betsy Condon Its Chairman ATTEST: Tara S. Green Clay County Clerk of Court and Comptroller Ex Officio Clerk to the Board 8 DATE: , 2023 CLAY COUNTY UTILITY AUTHORITY By: Jeremy D. Johnston, PE, MBA Its Executive Director F:\Contract\ccua\County and CCUA Interlocal Agreement CR 315 and Cathedral Oak Parkway Utility Conflicts 10.22.23.docx 9 SITE LOCATION MAP .-.'i' ._,,,-_,A-ION 2 - .4 'r l • Y /Mr K p RI `rya , .....„.... Ai _OCATION 1 •, .»► may► a° � . ram- .. 2 $ . v +' - 10 LOCATION 1 Existing CCUA easement to remain .. ige ifit •h LOCATION 1 EIEE jit lif iippg 4 i IrI , _ _. _ II i „,,, . .. existing CCUA lines within existing easement. County ROW crosses easement. CCUA being asked to subordinate easement and be subject to maintenance/repair agreement ` c 1 lb 1 g y L i ., . 1 • i , likExisting CCUA easement to remain 11 LOCATION 2 Existing CCUA easement Existing CCUA easement to remain to be subordinated +LQCA,a►N 2 si - ._ \_\ -- - v - --,-------- T , -.•Nkiwk.--- -- 1-- --- , \ , /,, / Proposed utility easement provided by County proposed new CCUA lines within County ROW and subject to maintenance/repair agreement 12