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2015-34 INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY,FLORIDA AND THE CITY OF CLERMONT FOR INTERSECTION IMPROVEMENTS TO HOOKS STREET AND LAKESHORE DRIVE THIS INTERLOCAL AGREEMENT is made this day by and between Lake County, Florida, a political subdivision of the State of Florida, hereinafter the "COUNTY," and the City of Clermont, a municipal corporation organized under the laws of the State of Florida, hereinafter the "CITY," for intersection improvements at Hooks Street and Lakeshore Drive (hereinafter the"Project"). WHEREAS, the Project consists of modifying the intersection with safety improvements including striping and signage, providing an improved alignment of Hooks Street with Lakeshore Drive and an improved corner radii; and WHEREAS, the COUNTY and the CITY desire entering into this Interlocal Agreement to determine the responsibilities and obligations of each in reference to the Project; and WHEREAS, the CITY and the COUNTY desire the COUNTY bid, construct, and inspect the project. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings, conditions, premises, covenants and payment hereinafter set forth, and intending to be legally bound,the parties hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. COUNTY Obligations. A. The COUNTY shall be solely responsible for bidding, construction and inspection of the Project in accordance with all applicable regulations, requirements and the final design plans prepared by the COUNTY. The COUNTY shall comply with all applicable provisions of the Florida Statutes regarding the bidding of professional services and construction services, including section 255.0525, Florida Statutes, and section 255.20, Florida Statutes. Any contract entered into by the COUNTY for the completion of the Project, shall include a provision requiring that the contractor include the CITY as an additional insured on all applicable - 1— 20 1 4/Engmeenng/Hooks&Lakeshore/Clermont Interlocal 5-19-15 insurance policies and that that the contractor hold harmless and indemnify the CITY for any damages of any kind resulting from the actions of the contractor. B. The parties acknowledge that the cost for construction of the Project is estimated to be $89,963.00. The Cost Estimate is attached hereto and incorporated herein by reference as Exhibit A. A depiction of the Project is attached hereto and incorporated herein by reference as Exhibit B. The COUNTY'S share of the Project shall be paid from Infrastructure Sales Tax funds. 3. CITY Obligations. The CITY shall provide funding to the COUNTY in the amount of one-half (1/2) of the total project cost within twenty (20) days of the date the COUNTY issues a Notice of Intent to Award to the selected contractor, but prior to full execution of the construction contract. Upon final completion and acceptance of the Project, the COUNTY shall send a final invoice to the CITY for the CITY'S final share, if the final costs exceeded the estimate. As part of the invoice and as a condition of payment by the CITY hereunder, COUNTY shall provide to the CITY sufficient and reasonable documentation, acceptable to CITY to justify the additional costs of the Project and additional payment by the CITY. If the Project comes in under budget, the COUNTY shall refund the CITY the appropriate amount within twenty(20)days of final acceptance of the Project. 4. Termination. Either party shall have the right to terminate this Agreement for cause with thirty (30) days written notice to the other so long as construction of the Project has not commenced. 5. Modifications. Unless otherwise specified herein, no modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto, with the same formality and of equal dignity herewith. 6. Notices. A. All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: -2- 2014/Engmeenng/I-Iooks&Lakeshore/Clermont Interlocal 5-19-15 COUNTY CITY County Manager Darren Gray, City Manager P.O. Box 7800 685 West Montrose Street Tavares, Florida 32778 Clermont, Florida 34711 cc: Engineering Director P.O. Box 7800 Tavares, Florida 32778 B. All notices required, or which may be given hereunder, shall be considered properly given if(1) personally delivered, (2) sent by certified United States mail, return receipt requested, or(3) sent by Federal Express or other equivalent overnight letter delivery company. C. The effective date of such notices shall be the date personally delivered, or if sent by certified mail, the date the notice was signed for, or if sent by overnight letter delivery company, the date the notice was delivered by the overnight letter delivery company. D. Parties may designate other parties or addresses to which notice shall be sent by notifying, in writing,the other party in a manner designated for the filing of notice hereunder. 7. Entire Agreement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. 8. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, it shall be considered deleted here from, and shall not invalidate the remaining provisions. -3- 2014/Engmeenng/Hooks&Lakeshore/Clermont Interlocal 5-19-15 IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement on the respective dates under each signature: Lake County, through its Board of County Commissioners, signing by and through its Chairman, authorized to execute same by Board action on the 1 day of Ny , 2015 and by the City of Clermont signing by and through its duly authorized to execute the same. COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY,FLORIDA I. Neil elly, ler of the Jim Co ner, Chairman Board of County ommis 'o rs of Lake County,Florida Approved as • Forn &Legality: 1` V Sanford A. Minkoff County Attorney -4- 2014/EngtneeringlHooks&Lakeshore/Clermont Interlocal 5-19-15 Interlocal Agreement between Lake County and the City of Clermont Hooks/Lakeshore Intersection Improvements n`k CITY ; e r, ;'1A, ;,"� 04,, '� �,r, � ',�� Print Name: �l. .�VN / r , fi r �<<";.i,, �e�' This I day of , 201 1}! yl1 f 5' .Y ATTEST: Clerk Approved as o `o nd Legality: -5- 2014/Engmeenng/Hooks&Lakeshore/Clermont Interlocal 5-19-15 Exhibit A Hooks Street & Lakeshore Dr Unit DESCRIPTION Unit Quantity Price Amount Mobilization LS 1 $8,000.00 $8,000.00 M.O.T. LS 1 $10,000.00 $10,000.00 Excavation Cut CY 96 $18.00 $1,728.00 Grading/Final Dressing LS 1 $2,500.00 $2,500.00 Clear and Grub LS 1 $800.00 $800.00 12"Stabalized Subgrade (40 LBR) SY 165 $9.00 $1,485.00 12" Limerock 2-lifts 98%compaction SY 165 $26.00 $4,290.00 1" min Type SP 9.5 (overlay) SY 1,280 $15.00 $19,200.00 2.5" min TyperSP 12.5 asphalt SY 165 $25.00 $4,125.00 Prime &Sand SY 165 $3.00 $495.00 1" Milling SY 1,115 $9.00 $10,035.00 Guardrail Removal LF 40 $15.00 $600.00 Concrete Removal SY 60 $18.00 $1,080.00 Concrete Sidewalk 4" thick SY 20 $40.00 $800.00 Concrete Driveway 6"thick SY 90 $45.00 $4,050.00 Modify existing inlet top EA 1 $3;000.00 $3,000.00 Asphalt Removal SY 275 $12.00 $3,300.00 Erosion Control LS 1 $500.00 $500.00 Silt Fence LF 650 $2.00 $1,300.00 Sod SY 675 $3.00 $2,025.00 Temporary Striping LS 1 $2,500.00 $2,500.00 Thermoplastic Striping LS 1 $4,000.00 $4,000.00 Roadway Sign'Removal/Installation LS 1 $700.00 $700.00 Survey/Layout/As.Builts LS 1 $1,500.00 $1,500.00 Payment/Performance Bond LS 1 $1,500.00 $1,500.00 NPDES Permit LS 1 $250.00 $250.00 Portable Toilet LS 1 $200.00 $200.00 TOTAL $89,963 -6- 2014/Engmeenng/Hooks&Lakeshore/Clermont Interlocal 5-19-15 EXHIBIT B i maw scr�e •','—' G1''P1C'EO► .. 1 r '. 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