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INTERLOCAL AGREEMENT L of 2
NORTH SEBASTIAN SEWER AND WATER MAIN a 1) ~ 1 V
THIS INTERLOCAL AGREEMENT concerning the North Sebastian Sewer and Water Main
(the Agreement") is entered into on this day of , 2014 between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27th Street,
Vero Beach, Florida 32960 ("County"), and the City of Sebastian, a municipal corporation, whose
address is 1225 Main Street, Sebastian, Florida 32958 ("City").
WITNESETH:
WHEREAS, the County is the water and wastewater provider to homes and businesses
within the unincorporated areas of Indian River County and inside the City of Sebastian; and
WHEREAS, the County, with the City's consent, expands its water and wastewater
services within the City of Sebastian in order to serve more residents and businesses within the
City's limits; and
WHEREAS,the County and City jointly agree that expansion of infrastructure is a form of
economic development because private costs to develop infrastructure can be lowered,thereby
leading to potential new business investment; and
WHEREAS, in order to lower the public cost of providing economic development
incentives, the County and City will partner to expand infrastructure within the City of Sebastian
city limits and the unincorporated areas of Indian River County; and
WHEREAS, the County is proposing a project within unincorporated Indian River County
which will consist of a gravity sanitary sewer collection system to be constructed along the east
side of US Highway 1 from the north property line of the Sebastian Cemetery to the vicinity of
Bay Street with an estimated number of parcels and Equivalent Residential Units (ERUs) which
can connect to this portion of the project is (10) and (213), respectively; and
WHEREAS, a portion of the County proposed project will be within the City of Sebastian,
consisting of a gravity sanitary sewer collection system to be constructed in North Central Avenue
from Jackson Street,south to the vicinity of US Highway 1 and a gravity sanitary collection system
constructed in Jackson Street from US Highway 1 to North Central Avenue, Madison Street from
US Highway 1 to North Central Avenue, and Davis Street from US Highway 1 to North Central
Avenue with an estimated number of parcels and Equivalent Residential Units (ERUs) which can
connect to this portion of the project is (50) and (82), respectively; and
WHEREAS, at this time the County and the City wish to enter into this interlocal
agreement in order to address the cost sharing of the design of the above-referenced County
proposed project and the parties acknowledge that the apportionment of costs relating to the
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engineering, permitting and actual construction will be addressed by the parties at a later time;
and
WHEREAS, the parties recognize the mutual benefits that will be provided to each other
pursuant to this agreement.
NOW, THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree as follows:
1. RECITALS. The above recitals are true and correct and are incorporated herein.
2. The County, with the assistance of the County's Professional Engineering Consultant, shall
design the North Sebastian Sewer/Water project -Phase 1.
3. The City agrees to reimburse the County for the City's pro rata share cost of 40% to design
the said project for a lump sum amount of $62,088.00.
4. The County's share of 60% to design the said project is a lump sum amount of $93,132.00.
5. Any increases or decreases in the costs of design will be shared by the parties based upon
the pro rata cost sharing percentages set forth in sections 3 and 4 above. If the design should at
any point be terminated, the parties will share the costs incurred prior to termination based upon
the pro rata cost sharing percentages set forth in sections 3 and 4 above.
6. At 60% design stage, the County will provide construction plans to the City for the City to
review. The City will have 30 days to submit written comments to the County concerning the
design prior to final completion of the construction plans.
7. Both the City and the County shall establish a contact person who shall be copied on all
important correspondence and notices pursuant to this Agreement. They are as follows:
As to City: As to County:
Joseph Griffin
City of Sebastian
1225 Main Street
Sebastian, FL 32958
772-388-8228
Vincent Burke, P.E.
Indian River County Utilities
1801 27th Street
Vero Beach, FL 32960
772-226-1830
8. Once the final design for the North Sebastian Sewer/Water Main Project has been
completed to satisfactory/approval of both the County and the City, the City shall reimburse the
County it's 40% cost share identified in item 3 of the agreement.
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9. TERM: This Agreement shall be in effect from the date signed by the last party to sign,
through the satisfactory completion of the design, by the County engineer, approved by both
County and City. Either party may terminate this Agreement if the other party fails to comply
with a term of the Agreement. The terminating party shall notify the other party of the decision
to terminate this Agreement at least 30 days before the effective date of termination. The party
in default may avoid termination by correcting the default to the satisfaction of the other party
prior to the effective date of termination stated in the notice.
10. RECORDATION. The County shall record this Agreement with the Clerk of the Circuit
Court.
11. The validity, interpretation, construction, and effect of this Agreement shall be in
accordance with and governed by the laws of the State of Florida, only. The location for
settlement of any and all claims, controversies, or disputes, arising out of or relating to any part
of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be
Indian River County, Florida for claims brought in state court, and the Southern District of Florida
for those claims justiciable in federal court.
12. This Agreement incorporates and includes all prior and contemporaneous negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained herein.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements, whether oral or written. It is further agreed that no
modification, amendment or alteration in the terms and conditions contained herein shall be
effective unless contained in a written document signed by all parties.
13. This Agreement specifically supersedes that interlocal agreement signed by the City on
September 12, 2012, and approved by the County Board of County Commissioners on October
02, 2012, concerning the Davis Street Sewer Main and Lift Station and such prior interlocal
agreement shall be deemed null and void.
14. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this
Agreement, then the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable shall not be affected, and every other
term and provision of this Agreement shall be deemed valid and enforceable to the extent
permitted by law.
15. Captions in this Agreement are included for convenience only and are not to be
considered in any construction or interpretation of this Agreement or any of its provisions.
Unless the context indicates otherwise, words importing the singular number include the plural
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number, and vice versa. Words of any gender include the correlative words of the other genders,
unless the sense indicates otherwise.
IN WITNESS WHEREOF, the County and the City have caused this Interlocal Agreement to
be duly executed and entered into on the dates so written.
ATTEST:
J.R. SMITH
CLERK GIRCUITCOURT
/
By: ------if//
Deputy Clerk
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
Approved:
Joseph. Griffin
City Manager
ATTEST: Sally Maio, City Clerk
By:
Approved as to form and legal
sufficiency:
By:
Robert A. Ginsburg
City Attorney
By:
IAN RIVER COUNTY
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._ � ate.
Peter D. O'Bryan, Chairman
BCC approved Date: 09-16-2014
Approved:
, J'osepA. Baird
/County Administrator
CITY OF SEBASTIAN
By:
Jim Hill, Mayor
Approved Date:
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INTERLOCAL AGREEMENT
DAVIS STREET SEWER MAIN AND LIFT STATION
THIS INTERLOCAL AGREEMENT entered into on this 2nd day of
nc-rnher , 2012 between Indian River County, a political subdivision of the
State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960
("County"), and the City of Sebastian, a municipal corporation, whose address is 1225
Main Street, Sebastian, Florida 32958 ("City") do hereby agree as follows:
WITNESSETH:
WHEREAS, the County is the water and wastewater provider to homes and
businesses within the city limits of the City of Sebastian, and
WHEREAS, the County with the City's consent, expands its water and
wastewater services in order to serve more residents and businesses within the city
limits; and
WHEREAS, the County and City jointly agree that expansion of infrastructure is a
form of economic development because private costs to develop infrastructure can be
lowered, thereby leading to potential new business investment, and
WHEREAS, in order to lower the public cost of providing economic development
incentives, the County and City will partner in order to expand infrastructure on Davis
Street, which is located in the Riverfront Business District of Sebastian, Florida; and
WHEREAS, the County will extend a wastewater gravity sewer main along Davis
Street between U.S. Highway 1 and Indian River Drive; and
WHEREAS, the County will also construct a wastewater lift station at the
northwest corner of Davis Street and Indian River Drive; and
WHEREAS, the parties recognize the mutual benefits that will be provided to
each other pursuant to this agreement.
NOW, THEREFORE, in consideration of the mutual undertakings herein and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. RECITALS. The above recitals are true and correct and are incorporated herein.
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2. The County shall plan, design, engineer, permit, put out to public bid, award a
construction contract, subject to the terms of this Agreement, and supervise
construction of the following improvements:
a An eight (8) inch wastewater gravity sewer main line extending from U.S.
Highway 1 and Davis Street east along Davis Street within its existing right-of-
way to Indian River Drive.
b. The County will install a lift station to be placed within the City's right-of-way on
the northwest corner of Davis Street and Indian River Drive in order to serve the
new wastewater main
c. In order to accommodate these utility improvements, the City shall dedicate to
the County a perpetual, non-exclusive utility easement along Davis Street in
sufficient width to accomplish this wastewater gravity sewer main extension and
lift station construction project.
d. As part of the project, the County shall plan, design, permit, publicly bid and
supervise construction of the reconstruction of Davis Street between Indian River
Drive and U.S. Highway 1 from a 2 -lane street with one lane of traffic in either
direction with a median to a single 2 -way standard residential street utilizing
existing stormwater drainage improvements. All construction to be in compliance
with Indian River County/Florida Department of Transportation Green Book
Standards The City reserves the right to review, modify and approve road
design prior to project bidding
e The County shall install poles, posts or other protective devices around the lift
station so as to provide it protection at the County's sole discretion.
f. The City shall have its surveying contractor to perform all necessary surveying
work necessary to complete the project and provide the surveys to the County for
review and inclusion in the bid documents.
g. At the sole discretion of the City, during the reconstruction of Davis Street, the
City shall determine the amount of landscaping that may be installed along the
reconstructed Davis Street.
It is the intent of the parties to share the costs of the improvements subject to this
agreement. To that end, the County shall be responsible for the following costs:
a The design, planning, permitting, public bidding, award construction and
supervision of all materials, equipment and costs associated with extension of
the wastewater gravity sewer main line and construction of the lift station. The
City shall not be responsible for reimbursement to the County for any of these
costs.
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b The City agrees to reimburse the County for it's pro rata share of costs to design,
engineer, permit, publicly bid, construct and supervise the reconstruction of Davis
Street and associated drainage and landscape improvements up to a maximum
of $150,000.
c. In order to define the respective costs to each party, the County shall cause this
project to be publicly bid with an itemization of the costs of the various items to
be constructed and a complete itemization shall be mandatory from the
responsive bidders. Following opening and tabulation of the bids, both the City
and the County each shall have the right to reject any and all bids if in the opinion
of either the City or the County, all bids are too high, non-responsive or not
submitted by a responsible bidder.
d. The Parties shall respectively agree on the lowest, responsive and responsible
bidder at a scheduled meeting of the Sebastian City Council and the Indian River
County Board of County Commissioners
e Both the City and the County shall establish a contact person who shall be
copied on all important correspondence and notices pursuant to this agreement.
They are as follows.
As to City.
Joseph Griffin
City of Sebastian
1225 Main Street
Sebastian, FL 32958
772-388-8228
As to County.
Michael Hotchkiss, P.E.
Indian River County Utilities
1801 27th Street
Vero Beach, FL 32960
772-226-1821
f. The County shall require the contractor to name the City as an additional insured
on all policies of insurance required under the contract.
g The County shall require the contractor to indemnify the City and hold the City
harmless under the contract for the improvements.
h. Upon receipt of any applications for payment from the contractor for work
performed under the contract, the County agrees to provide the City with a copy
of the application for payment within three working days of receipt. The City shall
have five working days to approve or object to the application for payment.
Should the City fail to object to any application for payment within five business
days of receipt of the application for payment, failure to object will be deemed
approval by the City and payment to the contractor will be processed by the
County in accordance with the contract documents. Any objections to
payment(s) by the City shall be resolved by the project's Engineer -of -Record.
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The City shall reimburse the County for its costs contained in the application for
payment by the contractor and shall be paid by the City to the County within the
City's normal course of business and payment schedule, but not to exceed 45
days
The contract between the County and the contractor and all exhibits thereto are
incorporated herein as part of this Interlocal Agreement
IN WITNESS WHEREOF, the County and the City have caused this Interlocal
Agreement to be duly executed and entered into on the dates so written
INDIAN RIVER COUNTY
By: 'Y.6.-
Peter D. O'Bryan, Vice Cnenrmani
ATTEST: Jeffrey R. Smith C rk
of C•. rt and roller BCC approved October 2, 2012°qy.
Deputy Cle k
Approved as to form and legal
suffici . c
By.
William K. DeBraal
Deputy County Attorney
ATTESY- S IIy Maio_, ity Clerk
By:.
Approved as to form and legal
sufficie
,y
By:
Robert A. Ginsburg
City Attorney
CITY OF SEBASTIAN
By:
ill, Mayor
Approved. Sept. 12, 2012
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