HomeMy WebLinkAbout1995 01 24 - Interlocal Agreement12/7.3/94(.0... \ nivonPnt) V k
INTERLOCAL AGREEMENT
between
INDIAN RIVER COUNTY, FLORIDA
and the
CITY OF SEBASTIAN, FLORIDA
Re: Construction of the Riverfront Water
THIS AGREEMENT, made this 24th day of January , 1995 , by
and between
INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida, the address of which
is 1840 25th Street, Vero Beach, FL 32960 (hereafter
COUNTY) ,
and the
CITY OF SEBASTIAN, FLORIDA, a municipal corporation
of the State of Florida, the address of which is 1225
Main Street, Sebastian, FL 32958, (hereafter CITY),
W I T N E S S E T H T H A T:
WHEREAS, the COUNTY is constructing an extension of its public water
system to the CITY limits; and
WHEREAS, the CITY proposes to build a public water project known as
the "Riverfront Water Project," hereinafter referred to as "Project"; and
WHEREAS, the CITY finds it is in the public interest and will effectuate
cost savings to have the COUNTY construct such Project;
NOW, THEREFORE, for and in consideration of the premises and other
good and valuable consideration, the receipt of which is hereby
acknowledged, the COUNTY and the CITY agree as follows:
1. Description of Work. The COUNTY shall contract to have the Project
built in accordance with the contract documents, as attached as Exhibit
"A," by issuing change orders to its existing engineering and
construction contracts for work in the vicinity of the CITY's project.
The CITY must approve the COUNTY's change orders for the Project
prior to the COUNTY executing them and shall also approve any subse-
quent Project change orders which increase the CITY's cost.
2. Payments. The CITY agrees to reimburse the COUNTY for the Project
in the amount which the COUNTY is charged by its engineer and its
general contractor, pursuant to the contract.
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3. Progress Payments. The CITY shall reimburse the County within 30
days on the basis of applications which are submitted to the CITY and
the COUNTY by the COUNTY's engineer. The COUNTY's professional
engineer on the Project shall certify as a condition of payment that the
work has been completed in accordance with the plans and
specifications.
4. Certificate of Completion and Final Payment. The COUNTY shall notify
the CITY in writing when the work is completed. The COUNTY's
notification shall be accompanied by a certificate of the COUNTY's
professional engineer certifying completion of the work in accordance
with the plans and specifications for the Project.
5. Instruments of Title. After final payment the COUNTY shall execute
appropriate instruments of title to reflect the party's interests in the
line.
6. Starting
and
Completion
Dates.
The
COUNTY
shall proceed with
due
diligence
on
the
Project. In
the
event the
COUNTY charges
the
contractor any liquidated damages for delay on the Project, the
COUNTY will pay the CITY any liquidated damages less any costs which
may have accrued to the COUNTY.
7. Contract Documents. The Project contract documents are as follows:
A. Plans and specifications prepared by Masteller & Moler, Inc.
B. The contract between the COUNTY and its general contractor,
including the change order specifically issued for the Project.
C. The contract between the COUNTY and Masteller & Moler,
including the change order.
8. Designation of Engineer. The COUNTY designated Masteller & Moler,
Inc. as its professional engineer on this Project for the purpose of
design and performing inspection services on the Project.
9. Beneficiaries. The COUNTY acknowledges that the CITY is to be the
beneficiary and owner of the Project.
10. CITY Duty
to
Fay. If
for
any
reason
the CITY is unable to use special
assessments
to
collect
the
cost
of the
Project from the beneficiaries of
the Project, then the CITY shall nonetheless pay the COUNTY from any
legal source of revenue, including the CITY's general fund.
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11. Severability. If any provision of this agreement is held to be invalid
or unenforceable by a court of competent jurisdiction, the other
provisions of this agreement shall remain in full force and effect.
12. Entirety. This agreement represents the entire understanding and
agreement between the parties and no other agreements, either oral or
written, exist between the parties.
IN WITNESS WHEREOF, COUNTY and CITY have entered into this
agreement on the date first above written.
INDIAN RIYER COU Y
Attest:
By
Kenneth R. Macht, Chair an
f1 rY K.. Ba on, Clerk
6 v
Attest:
IiL '
Town Clerk
Approved as to form and content:
C'L. 2.4Mf c 1-A4 , �
Clifton A. McClelland, Jr.
City Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN
Gr
low
,� /Mor
•
The foregoing instrument was acknowledged before me this 1 ` day of
199<g by Kenneth R. Macht, as Chairman, and Jeffrey K.
6 -Barton, 9A Clerk, of the Indian River County Board of County
Commissioners, on behalf of said COUNTY. a personally to
me.
Notary Publi
printed name:
Commission # pg7pICIA M. flIDOELY
aya • AWt:
•. .- MY COMMISSION Y W388000 EXPIRES
•.,• �;v June 27, 1998
'�P,f �Yt••• BONGED TNnB TROY Fax INSLRUCE, INC.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
- - The foregoing instrume�}t'Iwas ack�lowledged before me thi��'
4 199J, byH4hiLrl-, �i"r�ion as Mayor, and
�,ou'01 �sI 'T)eA .��kk,,Clerk, of the City of Sebastian Florida, on be Lf%
CITY. They aia personally known to me. (/
�— LINOA M. GALLEY
Nota Public
�.
•. MY COMMISSION A CC 976724 printe��nam
EXPIRES: June 18, 1998 Commission # C ' i, Za U
SI •`>p titin+ Boi*d n u NaWY WGk URbm Ien
Attachment: Exhibit "A" - Contract Documents
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