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2016-103 INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY,FLORIDA AND THE CITY OF CLERMONT,FLORIDA FOR JOHNS LAKE ROAD INFRASTRUCTURE AGREEMENT THIS IS AN INTERLOCAL AGREEMENT 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 the installation of City's water and sewer lines along the proposed Johns Lake Road Project and to transfer jurisdiction of a portion of Johns Lake Road. WHEREAS, Section 163.01,Florida Statutes, provides that local governments may enter into interlocal agreements to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, pursuant to Section 335.0415, Florida Statutes, public roads may be transferred between jurisdictions by mutual agreement of the affected governmental entities; and WHEREAS, the County is preparing to bid the Johns Lake Road widening construction project,::which runs from Hancock Road West to Lost Lake Elementary School, hereinafter the "Road Project," more particularly described in Exhibit A, attached hereto and incorporated herein.by reference;and WHEREAS,'it is in both the County and City's best interest to transfer the jurisdiction and maintenance responsibilities associated with a portion of Johns Lake Road from the County to the City;and WHEREAS, the City has requested certain improvements be made to a portion of Johns Lake Road from US Highway 27 to the western limit of the Road Project to facilitate the transfer in the City's jurisdiction, hereinafter the "Micro-surface Project," more particularly described in Exhibit B, attached hereto and incorporated herein by reference; and WHEREAS, the County and City have coordinated on the Road Project and the Micro- surface Project,including the relocation and installation of City water lines;and WHEREAS,the City is required to relocate the City's utilities,at its expense, in order to facilitate the construction of the Road Project;and WHEREAS,the parties have determined that it would be more efficient for the City to install its water and sewer lines, as described in Exhibit A,hereinafter referred to as the"Utility Project", in conjunction with the Road Project. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings, conditions, premises, and covenants 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 parties agree that the County shall include the work required for the Utility Project in its bid for the Road Project. The estimated cost of the Road Project is $1,322,905.00. The County shall comply with all applicable provisions of the Florida Statutes regarding the bidding of construction services, including Section 255.0525, Florida Statutes, and Section 255.20,Florida Statutes. Upon receipt of the bids,the County shall provide copies to the City for the City's review and the City shall then have ten(10)days to notify the County if the City elects to abandon the Utility Project. If the City elects to move forward with the Utility Project through the County contract, the construction contract shall be awarded to the bidder who submits the lowest combined bid for both the Road Project and the Utility Project. If the City decides to abandon the Utility Project, the County has the right to award the Road Project to the lowest bidder for the Road Project and the City will be responsible to bid and contract for its utility relocations under its own contracting procedures. B. In the event that the City moves forward under the County contract,the County shall be solely responsible for construction of both the Utility Project and the Road Project. The County Road Project plans are in accordance with the plans prepared by Griffey Engineering Inc.,signed and sealed by the Donald A. Griffey, P.E., and dated April 13, 2016, hereinafter the "Griffey Plans." The Griffey Plans have also incorporated the City Water Design for the Utility Project. The City shall be responsible for the inspection of the Utility Project. The final plans and specifications will be provided by the City to the County for the Utility Project and upon approval of the City and County shall be incorporated by reference and become a material part of this Agreement. C. Once a contract is awarded to the selected contractor,the County shall not permit any changes to be made to the Utility Project unless the City agrees to assume all costs 2 S:\DOCUMEN7\20I6\ROAD OPS\Interlocal w Clermont Johns Lake Road\City of Clermont_infrastructure agr_I 1.16.16.docx associated with the changes, including pre-paying to the County any additional costs to be incurred based upon the impact the changes have on the Utility Project, and to the Road Project, if any. D. Separate from the Road Project, the County shall undertake the Micro-surface Project at an estimated cost of$160,000.00. The parties agree that the Micro-surface Project shall not take place in the right of way of Citrus Tower Boulevard or within the right of way of US Highway 27,as those segments will not be transferred to the City. County shall comply with all applicable provisions of the Florida Statutes regarding the bidding of construction services, including Section 255.0525, Florida Statutes, and Section 255.20, Florida Statutes. County intends to utilize its existing on-call contract for crack sealing, micro-surfacing, and striping. County shall be solely responsible for the construction of the Micro-surfacing Project. County will provide the plans,process any change orders,and manage the day to day project inspection. 3. City Obligations. The City shall provide Final Plans,permits, inspection,as-builts, certifications to Florida Department of Environmental Protection (r1)EP) and other permitting agencies if required for the utility work,and final approval of the water line project construction. The City shall provide funding to the County to cover all costs associated with the Utility Project. The Utility Project is estimated to cost $177,000.00 and a Cost Estimate is attached hereto and incorporated herein by reference as Exhibit C. The City shall remit to the County the estimated cost within thirty(30)days of the full execution of this Agreement. If the bids for the Utility Project exceed the estimate,the City shall remit the remainder of the funding to the County within twenty (20)days of the date the County issues the Notice of Intent to Award to the selected contractor. Upon final completion and acceptance of the Utility Project, the County shall send a final invoice to the City for any outstanding amounts due and owing. If the Utility Project is completed under budget,the County shall refund the City the appropriate amount within twenty (20) days of final acceptance by the County of the Utility Project. 4. Ownership and Maintenance of Completed Project. The parties agree that nothing herein shall be construed as placing any ownership or maintenance responsibilities upon the County for the Utility Project. At all times during construction of the Utility Project, the City shall take ownership and maintenance responsibility for the utility infrastructure associated therewith. In accordance with Section 335.0415, Florida Statutes, the County and City agree that upon acceptance of the improvements of the Road Project and the Utility Project by the County 3 S:\DOCUMENI120I6\ROAD OPS\Interlocal w Clermont_Johns Lake Road\City of Clermont_infrastructure agr_l 1.16.16.docx and the payment of the sum(s) described above by the City to the County, the City shall take ownership, operation and maintenance responsibility for that portion of Johns Lake Road from Hancock Road West to Lost Lake Elementary School, including all utility infrastructure, stormwater and drainage systems associated therewith. Separate from the Road Project, upon completion of the Micro-surface Project and notification of the project's acceptance by the County to the City, the City shall take ownership and maintenance responsibility of Johns Lake Road from US Highway 27 to the western limit of the Road Project. The parties agree that upon completion of both the Road Project and the Micro-surface Project,the City shall take ultimate ownership and maintenance responsibility of Johns Lake Road from US Highway 27 to Hancock Road,not including the right of way of Citrus Tower Boulevard or the right of way of US Highway 27. 5. Termination and Term. Either party shall have the right to terminate this Interlocal Agreement with out without cause with thirty (30) days written notice to the other party so long as the construction of the Utility Project has not commenced. Once the Construction Contract has been awarded by the County to the selected contractor and/or construction commences, whichever occurs first, this Agreement cannot be terminated unless mutually agreed upon in writing by the parties. This Agreement shall remain in force until completion of the Road Project,Micro-surface Project and Utility Project and payment of all sums due hereunder. 6. 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. 7 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: COUNTY CITY County Manager Darren Gray,City Manager P.O.Box 7800 685 West Montrose Street Tavares,Florida 32778 Clermont,Florida 34711 • 4 S:\DOCUMENT 2016\ROAD OPS\Interlocal w Clermont_Johns Lake Road\City of Clermont_infrastructure agr_I 1.16.16.docx cc. County Engineer cc. Environmental Services Director 350 N. Sinclair Ave. 3335 Hancock Road Tavares,Florida 32778 Clermont,Florida 34711 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. 8. Entire Agreement.This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. 9. 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. 10. Effective Date. This Agreement shall become effective upon the date the last party hereto executes it. 11. Assignment. Neither party may assign this Agreement s without the express,prior, and written consent of the other party. (The remainder of this page intentionally left blank) 5 S:\DOCUMENT\20I6\ROAD OPS\Interlocal w Clermont_Johns Lake Road\City of Clermont_infrastructure agr_I 1.16.16.docx Interlocal Agreement between Lake County and the City of Clermont for Johns Lake Road Infrastructure Agreement 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, and by the City of Clermont,Florida,through its City Council,signing by its Mayor, authorized to execute the same by action of the City. LAKE COUNTY, FLORIDA through its AATTEST: BOARD OF COUNTY COMMISSIONERS • -Nei Ke11y, Cle k. Timoth . Sullivan, Chairman of-the"Boar of Count d Commissioners of Lake This )b of. IU' , 2017. County, Florida Approved as to form and legality: Melanie Marsh, County Attorney 6 S:\DOCUMENT\2016\ROAD OPS\lnterlocal w Clermont_Johns Lake Road\City of Clermont_infrastructure agr_11.16.16.docx Interlocal Agreement between Lake County and the City of Clermont for Johns Lake Road Infrastructure Agreement • ' crPiTr6 CITY OF CLERMONT, FLORIDA `A f r( J f-.,F y x tJ` Gail L. Ash, Mayor rA tf m I? ,V °: 7 j {.61er IAl7 1 A,1. This IS day of dbeCcshber , 2016. ATTEST: csizat.e7 Tracy Ackroyd Howe, City Clerk Appro • . I t .t I W t : 4fairr- Dane' marls, City Attorney 7 S:\DOCUMENT\2016\ROAD OPSUnterlocal.w Clennont_Johns Lake Road\City of Clermont_infrastructure agr_I I.16.16.docx EXHIBIT A ROAD PROJECT AND UTILITY PROJECT ,,1r.t_�itPoomilt t_Ip+s �SP h NOE%ID PIANS JOHNS LAKE ROAD �i�\ SHEET NO. SHEET DESCRIPTION I�'ll�`Irlsl\ IMPROVEMENT PLANS °-�'"`' _ �l:ii � . WPM C 12 RAN MILE ►i CIS PLAN PPM. 411111, :_ iv CD PL.PPCP. SCALE 7'.2000' 'L,k._..... '•_.i i CD 4A_. _ CD CIX09.1.1.0. cee mamma. 01 CP00 CIRC. I PLANS PREPARED BY: GOFFEY Es. NE, n CD DON D.C10.19 4T R�cu(aI 355.05i COt. CC CPCCS CM Mid 02 PIC.I.La Da 111‘.10 PLANS PREPARED FOR: -wsnm rw em,e LAKE COUNTY ® 137 ARDICE AVENUE EUST6,FLORIDA SY71E CPO rt1 PHONE(352)183-03C0 rwianpe,�q CSC CT CI 0.1.10/31DOCIAILS FM (35.2)1334,13 .. .�wm �' ' A �AIIIpaocr CID 0,nnevn a11 ..' = .m `m. F O i;8F`k��7/0.4iAIID rDid wmivwa. _eIrrmw NM TIC UILMCCC•MIUM MN., ..a • a, Off!j: .,'.`. o e...0W.11 Cl Plans Prepared by Griffey Engineering for Lake County and the City of Clermont Signed and Sealed April 13,2016 Roadway: Sheets Cl to C 52 and Sheet C56 Clermont Utility: Sheets C53 to C55 and C58 to C64 8 S:\DOCUMEN7\2016\ROAD OPS\Interlocal w Clermont_Johns Lake Road\City of Clermont_infrastructure agr_11.16.16.docx EXHIBIT B Micro-Surface Project lip...4.4011,._:1:;:-I '',7 _ ,r" , � 4ANDERLGD Jai, :,.,.,_; - K' './In i 4. i o 'QN it -*i, 1 - _ — like, `lpcFR z,,' ' moo k„,,,,,,5,4," 4 — ( I�,`t� •`3 r w V w '�O' v d'p .. F • •3 S \�. .4i� ry AOR - JI .� �� 4 ' ` p / \) `ii' w �� �. , 1- C • ' `1 END ` t._ 1 \` PROJECT { START ! <' NATURE COVE LN _ , _ -a;�'• \\ ' ,/ •'' PROJECT .\` r o ; • \\. \\'\\, START ,,,t-11‘` _ a \ PROJECT i( 1 END V''A1p`` .' ,` t 1 Vin, nJ1``{( %` / --- ., a` PROJECT 0),.: • \ \ : ,\ \2..,• \,\:,,';4:c;.7..,"• - P i'-' • ::-.171 . ... ., , N . -, y1.2 ... 41 , tOSIAKE } MENTARY SCHOOL i. S PIANLN`=_.1 - i \\. � •t r 1 9 S:\DOCUMENT12016\ROAD OPS\Interlocal w Clermont_Johns Lake Road\City of Clermont_infrastructure agr_l 1.16.16.docx EXHIBIT C COST ESTIMATE Clermont Utility Work JOHN'S LAKE ROAD WATER MAIN RELOCATION COST ESTIMATE PAY ITEM DESCRIPTION I UNITS QNTY I UNIT COST I COST MOBILIZATION LS 1 $3,500.00 $3,500.00 LAYOUT & AS-BUILTS LS 1 $2,000.00 $2,000.00 6" WET TAP EA 1 $3,000.00 $3,000.00 8"WET TAP LF 1 $3,500.00 $3,500.00 8" WATER MAIN LF 3,500 $20.00 $70,000.00 8" GATE VALVES EA 9 $1,700.00 $15,300.00 8" FITTINGS LS 1 $7,500.00 $7,500.00 FIRE HYDRANT ASSEMBLIES EA 8 $4,000.00 $32,000.00 AIR RELEASE VALVES & VAULTS EA 2 $4,000.00 $8,000.00 JUMPER ASSEMBLIES EA 1 $1,500.00 $1,500.00 BLOW-OFF ASSEMBLIES EA 1 $1,300.00 $1,300.00 WATER SERVICES EA 17 $500.00 $8,500.00 TESTING LS 1 $3,200.00 $3,200.00 CUT, CAP, & REMOVE EXISTING WM LF 2,950 $6.00 $17,700.00 TOTAL $177,000.00 10 S:\DOCUMEN\20I6\ROAD OPS\lnterlocal w Clermont_Johns Lake Road\City of Clermont_infrastructure agr_I 1.16.16.docx LAKE COUNTY FLORIDA January 19, 2017 Mr. Darren Gray, City Manager City of Clermont 685 West Montrose Street Clermont, FL 34711 RE: Interlocal Agreement between Lake County and the City of Clermont for Johns Lake Road Infrastructure Agreement Dear Mr. Gray: Enclosed please find an original referenced Agreement for your records that was approved by the Board of County Commissioners on January 10, 2017. In accordance with the Agreement, upon completion of the road project and micro-surface project, the ownership and maintenance responsibility transfer of Johns Lake Road from the County to the City will be established. A separate letter establishing the effective date of each transfer will be provided as those projects are completed. Thank yo for your cooperation and partnership. If you have any questions, please do not he,,it e t contact me at (352)253-6005. SincerJi , 1, Jim Stive \.er, Jr. P.E., P.L.S. Director Enclosure: original nterlocal Agreement c: Lori Kos tz, Ro Operations Division Manager PUBLIC WORKS DEPARTMENT P.O. BOX 7800 o TAVARES, FLORIDA 32778-7800 * P 352.253.6000 o F 352.253.6016 Board of County Commissioners O www.iakecountyfl.gov .• 111 *ia LAKE COUNTY FLORIDA March 29, 2017 Mr. Darren Gray, City Manager 685 West Montrose Street Clermont, FL 34711 RE: Interlocal Agreement Between Lake County and the City of Clermont for Johns Lake Road Infrastructure Agreement—Notice of Intent to Award Dear Mr. Gray: This letter shall serve as the County's intent to award the Johns Lake Road Widening and Resurfacing and Sidewalk Project, Bid No. 17-0812, to Goodwin Bros. Construction, Inc. in the amount of $2,109,986.25. Award of the project will be scheduled for approval at the Board of County Commissioners' meeting on April 18, 2017. Attached is the bid comparison for your review. Of the $2,109,986.25 proposed award amount, $316,991.92 is for the City's utility project as described in the referenced agreement. We have not yet received the City's payment of $177,000.00, which represents the estimated cost of the utility project. As stipulated in the agreement, the City shall remit the funding to the County within twenty (20) days of the date of this notice in order to proceed with this project. Please remit the bid amount of$316,991.92. I look forward to hearing from you soon. Our intent is to issue notice to proceed with construction to the selected contractor as soon as possible. Construction could begin on this project by the end of ay 2017. Thank fo your cooperation. I can be reached at (352)253-6005. Sincere Jim Stive der, Jr P.E., P.L.S. Director Attachment. Bid co parison c: Lori Koontz, Rod Operations Division Manager Paul Roy, Environmental Services Director PUBLIC WORKS DEPARTMENT P.O. BOX 7800 •TAVARES, FLORIDA 32778-7800• P 352.253.6000 • F 352.253.6016 Board of County Commissioners• www.lakecountyfl.gov I I,\101 FII' I.SULLIVAN SIiAN' At. ('ARKS,nrcr,Qr' WI;NDY R. 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L5)ECEOVED LAKE COUNTY FLORIDA September 27, 2017 Mr. Darren Gray, City Manager City of Clermont 685 West Montrose Street Clermont, FL 34711 RE: Interlocal Agreement between Lake County and the City of Clermont for Johns Lake Road Infrastructure Agreement — Notice of Transfer Dear Mr. Gray: In accordance with the referenced Agreement, the Micro-surface Project of Johns Lake Road has been completed and accepted by Lake County. This letter shall serve as notification of the project's acceptance and shall establish the effective date of September 27, 2017, for the transfer of ownership and maintenance responsibility from the County to the City of Johns Lake Road from US Highway 27 to the western limit of the Road Project. The transfer does not include the right-of-way of Citrus Tower Boulevard or the right-of-way of US Highway 27. Thank you for your cooperation and partnership. If you have any questions, please do not hesitate to contact me at (352)253-4976 or Lori Koontz, Road Operations Division Manager, at (352)343-6439. Sincerely / Kristian L. Swenson Interim Public Works Director Enclosure: Interlocal Agreement c: Lori Koontz, Road Operations Division Manager DEPARTMENT OF PUBLIC WORKS P.O.BOX 7800.315 W.MAIN ST.,TAVARES,FL 32778•P 352.253.6000•F 352.253.9065 Board of County Commissioners•wn'w.lakecountyfl.gov TIMOTHY I. SULLIVAN SEAN M. PARKS,Arcv,Qer WENDY R. BREEDEN LESLIE CAMPIONE JOSH BLAKE District 1 District 2 District 3 District 4 District 5 Nrie 141118 ED LAKE COUNTY FLORIDA June 8, 2018 Mr. Darren Gray, City Manager City of Clermont 685 West Montrose Street Clermont, FL 34711 RE: Interlocal Agreement between Lake County and the City of Clermont for Johns Lake Road Infrastructure Agreement — Notice of Transfer Dear Mr. Gray: In accordance with the referenced Agreement, the Johns Lake Road project has been completed in its entirety and accepted by Lake County. This letter shall serve as notification of the acceptance of the "Road Project" and shall establish the effective date of June 8, 2018, for the transfer of ownership and maintenance responsibility from the County to the City of Johns Lake Road from Lost Lake Elementary School to Hancock Road. With the completion of this portion of the project, the City has ownership and maintenance responsibility of Johns Lake Road from US Highway 27 to Hancock Road, not including the right-of-way of Citrus Tower Boulevard or the right-of-way of US Highway 27. Thank you for your cooperation and partnership. If you have any questions, please do not hesitate to contact me at (352)253-4976 or Lori Koontz, Road Operations Division Manager, at (352)343- 6439. cerely, Kristian L. Swenson Assistant County Manager Enclosure: Interlocal Agreement c: Lori Koontz, Road Operations Division Manager DEPARTMENT OF PUBLIC WORKS P.O.BOX 7800.315 W.MAIN ST.,TAVARES,FL 32778•P 352.253.6000•F 352.253.9065 Board of County Commissioners•www.lakecountvf.gov TIMOTHY I. SULLIVAN SEAN M. PARKS.MCP,QEP WENDY R. BREEDEN LESLIE CAMPIONE JOSH BLAKE District 1 District 2 District 3 District 4 District 5