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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. - 1 - 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. - 2 - 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 - 3 - of