2006-31
INTERLOCAL AGREEMENT BETWEEN
• LAKE COUNTY, FLORIDA AND
THE CITY OF CLERMONT FOR
LEGENDS WAY -PHASE II
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 the design and construction of Legends Way, Phase II Project.
WHEREAS, the CITY desires to improve traffic flow by constructing atwo-lane urban
collector roadway, to be known as Legends Way, Phase II Project, hereinafter known as the
"Project", located within the municipal boundaries of Clermont, Florida, more particularly
depicted in Exhibit "A", attached hereto and incorporated herein by reference; and
WHEREAS, the Project will provide complete the construction of Legends Way, which
runs from Hancock Road to Citrus Tower Boulevard, and justifies the use of impact fee monies
as the construction of the Project will collect and distribute traffic, thereby acting in a collector
• road capacity; and
WHEREAS, the CITY desires to use transportation impact fee monies for the design
and construction of the Project as the Project was included on the COUNTY'S adopted Capital
Improvements Plan under District 5 ;and
WHEREAS, the COUNTY and the CITY are desirous of entering into this Interlocal
Agreement to determine the responsibilities and obligations of each in reference to 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. CITY Obligations.
A. The CITY shall be solely responsible for design, permitting, acquisition of
necessary right-of--way, if any, and construction and inspection of the Project. The CITY shall
comply with all applicable provisions of the Florida Statutes regarding the bidding of
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professional services and construction services, including section 255.0525, Florida Statutes and
section 255.20, Florida Statutes. The CITY further agrees that the CITY shall use its best efforts
• to have any required right-of--way dedicated by donation in lieu of paying for such right-of--way.
B. The CITY agrees that the CITY shall be responsible for the initial cost of
engineering and design. Once the CITY has entered into a construction contract, the COUNTY
shall then reimburse out of transportation impact fee monies the cost of such engineering and
design. The COUNTY shall reimburse the CITY for the engineering and permitting fees
associated with the road work only. Water, sewer, and other utility design and permitting do not
qualify for payment out of transportation impact fee monies.
C. The CITY shall provide the COUNTY with construction plans for approval at
60% and 100% stages of design. The COUNTY will review and approve each stage of design
in coordination with the CITY. Construction funding shall be contingent upon approval of the
final design.
D. The CITY shall bid the project for construction and the COUNTY shall have the
right to review the competitive bidding process utilized by the CITY and shall additionally have
the right to review all bids received. In the event that the COUNTY determines that the bidding
• process is insufficient, the COUNTY shall require the CITY to reject all bids and re-bid the
Project. However, if the CITY refuses to reject the bids and re-bid the Project, then the CITY
may continue with the Project at the CITY'S sole cost and expense and the COUNTY shall
terminate this Agreement.
E. In the event the actual costs of construction, as determined through the bidding
process, are more than twenty percent (20%) higher than the estimated costs of construction as
provided for in Subsection F, either party shall have the option of terminating this Agreement
with twenty (20) days notice to the other.
F. The CITY shall submit to the COUNTY on a monthly basis invoices for
construction work completed. The invoices shall be signed by the City Manager and shall be
submitted to Engineering Director, Department of Public Works, P.O. Box 7800, Tavares,
Florida 32778. Payments shall be made in accordance with Part VII, Chapter 218, Florida
Statutes (2005). The COUNTY shall, upon approval of the invoices, remit payment of the
invoice to the CITY or, at CITY'S option, directly to the consultant. The parties acknowledge
that the estimated cost for design, surveying, permitting, environmental and construction of the
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Project shall not exceed $365,000.00, which shall be paid for from the transportation impact fee
• fund. In no event shall the COUNTY pay to the CITY more than the actual cost of the Project,
not exceeding the amount stated herein.
G. The CITY shall have the ability to negotiate change orders so long as such change
orders do not exceed $10,000.00 on engineering or ten percent (10%) of the construction costs.
Change orders in excess of this amount will require approval of the County Engineer.
H. The CITY shall, for good and valuable consideration, to the extent permitted by
Florida law, protect, defend, indemnify, and hold the COUNTY, its officers, commissioners,
employees and agents from and against any and all losses, penalties, damages, settlements, costs,
charges, professional fees, including a reasonable attorneys' fee or other expenses or liabilities,
of every kind and character resulting from any error, omission, or negligent act of the CITY, its
agents, employees, or representatives in the performance of the obligations under this
Agreement.
I. The CITY shall accept right-of--way deeds and easements for the Project. The
CITY shall agree to accept the Project into the CITY maintenance system and maintain the
roadway, sidewalks, trails, if any, and all associated drainage easement areas.
. 3. COUNTY Obligations.
A. The COUNTY shall pay from the appropriate impact fee account to the CITY,
upon receipt and approval of appropriate monthly invoices and upon receipt of a copy of the
consultant's contract, the amount of the monthly invoice. Any changes in the original amount of
the contract shall be approved by the COUNTY in accordance with the COUNTY'S Purchasing
Policies and Procedures, but in no event shall the COUNTY remit more than the final Project
cost.
B. The COUNTY shall review the scope of services prior to the CITY advertising
the Request for Proposals and make any changes reasonably necessary to insure the proper use of
the impact fee money.
C. The COUNTY, as part of this Agreement, shall not reimburse the CITY for the
acquisition of right-of--way; nor shall the COUNTY reimburse the CITY for the construction of
water, sewer or other utilities not associated with the use of transportation impact fee monies.
4. Termination. The COUNTY shall have the right to terminate this Agreement in
the event the CITY does not comply with the bidding procedures. Otherwise, either party shall
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have the right to terminate this Agreement for cause with thirty (30) days written notice to the
other. In the event of termination by the COUNTY, the CITY shall be entitled to reimbursement
of work up to and including the day of termination, as long as such work qualifies for impact fee
money.
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:
COUNTY
•
County Manager
P.O. Box 7800
Tavares, Florida 32778
cc: Engineering Director
P.O. Box 7800
Tavares, Florida 32778
CITY
Wayne Saunders, City Manager
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.
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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.
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 ~ day of , 2006 and by the City of Clermont, signing
by and through its City Manager, its representative duly authorized to execute the same.
COUNTY
•
T ST:
`~~l ~v-~
~~~2~ ~ -_
James C Watkins, Clerk of the
Board of County Commissioners
of Lake County, Florida
Approved as to Form & Legality:
`.(~(~, ~
Sanford A. Minkoff
County Attorney
BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA
Catherine C. Hanson, Chairman
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Agreement Between Lake County, Florida and the City of Clermont for Legends Way, Phase II Project
•
AT EST:
CITY Clerk
• Approved as to Form d Legality:
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C orneyf
CITY
~_...
By: L..,. -.~ ~~~ -
Name: ~' d urv-
Title: ~Y1~,~o ~
~- /)
This~S day of _I' ~~1 ~ , 2006.
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EXHIBIT A
• MAP OF PROPOSED LEGENDS WAY PHASE II PROJECT
•
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[ XJ Consent
[ ]Departmental
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
OFFICE OF THE COUNTY MANAGER
AGENDA ITEM COVER SHEET
DATE: May 8, 2006 MEETING DATE: June 6, 2006
TO: Cindy Hall, County Manager [ ]Public Hearing
[X ]Action Item
THRU: Jim Stivender, Jr., [ ]Discussion Item
Director of Public Work~'~j~ ( ]Other
BY: Fred Schneider, /fi r
Engineering Division Director/
SUBJECT: Legends Way-Phase II, Clermont
RECOMMENDATIONlREQUIRED ACTION: Approve the agreement between Lake County BCC, and
The City of Clermont, regarding Legends Way, Phase II. Legends Way is a two lane collector road
between Citrus Tower Blvd. and N. Hancock Road. Phase I of the project has been completed.
BACKGROUND SUMMARY: The Legends Way road project is on the approved Lake County
Transportation Construction Program. The first phase of this project is completed. This agreement
will build the second phase of the project which runs from Hancock Road to Citrus Tower Boulevard.
Phase II of The Legends Way road project shall not exceed $365,000.00, which shall be paid from
the transportation impact fee fund.
Fiscal Impact: $365,000.00 [x ]Capital Budget [ ]Operating Budget
Account No. 115.50056610.541.8600675 RI-0505 Trackin No. NRD04041
[ ]Affected parties notified of meeting [ X ]Not required
Advertised: Date: Paper: [ X ]Not required
Attachment: Two Agreements for signature.
STAFF APPROVAL: DATE:
County Manager S' ~S-a (,
County Attorney .
Budget Office
ACTON TAKEN BY BOARD:
[ Approved [ ]Continued/Deferred until
( ]Disapproved Special In tructi ns:
Other: By: ,
From: T.Conant-Engineering Division
U:WGENDA ITEMS - FRED~Agenda -Legends Way, Clermont, Phase Il.doc