HomeMy WebLinkAbout2004-257 FM No : 405606-1 -21!22-01
Federal Project ID: 984-003-S
Vendor No : F 59-6000673026
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
INDIAN RIVER COUNTY
LOCALLY FUNDED AGREEMENT
THIS AGREEMENT, entered into this day of 2003 , by and between the State of
Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County, State of
Florida , located at 1840 25"' Street, Vero Beach , Florida 32960 , hereinafter called the PARTICIPANT .
WITNESSETH
WHEREAS , the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make a
certain Project Development and Environment (PD&E) Study in connection with State FM Number 405606=
1 -21122-01 along CR510 (Wabasso Road) from CR512 To Indian River Bridge (#880052) in Indian River
County, Florida ; and ,
WHEREAS , the PARTICIPANT and DEPARTMENT agree to share the cost of this study; and ,
WHEREAS , the improvements are in the interest of both the -PARTICIPANT and the DEPARTMENT and it
would be more practical , expeditious, and economical for the DEPARTMENT to perform such activities ; and ,
WHEREAS , the PARTICIPANT by Resolution No2004 _ 028 adopted on 03 - 16 - 2ou . 2003 , a copy of
which is attached hereto and made a part hereof, authorizes the PARTICIPANT to enter into
this
AGREEMENT .
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
PROJECT , the parties agree to the following :
1 . The recitals set forth above are true and correct and are deemed incorporated herein .
2 . The DEPARTMENT shall be responsible for the procurement of the Consultant Services for the
Preliminary Engineering and Environmental Studies limits and shall direct the management of the
project .
3 . The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all Federal
Highway Administration (FHWA) and DEPARTMENT standards .
4 . The PARTICIPANT agrees to make all previous studies , maps , drawings , surveys and other data and
information pertaining to the PROJECT available to the DEPARTMENT at no extra cost to the
DEPARTMENT .
5 . The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional
work for the PROJECT . The DEPARTMENT will make reasonable efforts to obtain PARTICIPANT
input in its decisions .
6 . The total cost of the project is estimated at ONE MILLION SIX HUNDRED FIFTY THOUSAND
DOLLARS ($1 ,650, 000 .00) . The Federal Government will contribute SEVENTY-FIVE
PERCENT (75%) of the total project cost or ONE MILLION TWO HUNDRED THIRTY SEVEN
THOUSAND FIVE HUNDRED DOLLARS ($ 1 ,237 ,500.00) towards the project. The Participant
and the DEPARTMENT agree to share the non-federal portion of the project costs or TWENTY-FIVE
PERCENT ( 25%) . The Participant agrees to provide TWELVE AND ONE-HALF PERCENT (12.5%) of
the project costs or TWO HUNDRED SIX THOUSAND TWO HUNDRED FIFTY DOLLARS
( $ 206, 250. 00) towards the project; the DEPARTMENT also agrees to provide TWELVE AND
ONE -HALF PERCENT ( 12. 5 %) or TWO HUNDRED SIX THOUSAND TWO HUNDRED FIFTY
DOLLARS ($206, 250 .00) towards the project costs . (These are estimated amounts) .
7 . The share of the Participant shall be , at a minimum , TWELVE AND ONE -HALF PERCENT ( 12.5%) of
the actual costs of the project. In the event the Federal Government fails to provide the amount which
Is equal to the anticipated federal share , ONE MILLION TWO HUNDRED THIRTY SEVEN THOUSAND
FIVE HUNDRED DOLLARS ($ 1 ,237, 500 . 00) , the Participant shall be responsible for one-half ( 1 /2)
of the funds required to make up the shortfall , SIX HUNDRED EIGHTEEN THOUSAND SEVEN
HUNDRED FIFTY THOUSAND DOLLARS ($618 ,750 .00) including one-half ( 1 /2) of the cost overruns
and/or supplemental agreements not paid by federal funds . The Department shall be responsible for
the remaining one-half ( 1 /2) of any federal funding shortfall SIX HUNDRED EIGHTEEN THOUSAND
SEVEN HUNDRED FIFTY DOLLARS ($618 ,750 .00) and one-half ( 1 /2) of the cost overruns and/or
supplemental agreements not paid by federal funds . (All amounts are estimated amounts)
8 . The Participant agrees that it will , furnish the DEPARTMENT the amount of TWO HUNDRED SIX
THOUSAND TWO HUNDRED FIFTY DOLLARS ($206 ,250 .00) within 30 calendar days of the
DEPARTMENT'S execution of this AGREEMENT .
9 . The payment of funds under this Locally Funded Agreement will be made directly to the
DEPARTMENT for deposit, and mailed to : Florida Department of Transportation ,
Lizz Holmes , Procurement Manager
3400 West Commercial Blvd . ,
Fort Lauderdale , Florida 33309
10 . Remittance shall be made payable to the Department of Financial Services, Revenue Processing .
Payment shall be clearly marked to indicate that it is to be applied to FM Project No . : 405606.1 -21122=
01 , as stipulated in Exhibit A, Memorandum of Agreement.
11 . If the accepted bid amount plus allowances is less than the advance deposit amount, the Department
will refund the amount that the advance deposit exceeds the bid amount plus allowances if
such refund is requested by the Participant in writing .
12 . Should project modifications occur that increase the Participant' s share of total project costs , the
Participant agrees to provide , without delay, in advance of the additional work being performed ,
adequate funds to ensure that cash on deposit with the Department is sufficient to fully fund its
share of the project. The Department shall notify the Participant as soon as it becomes apparent the
actual costs will overrun the award amount; however, failure of the Department to so notify the
Participant shall not relieve the Participant from its obligation to pay for its full participation on final
accounting as provided herein below.
13 . The Department intends to have its final and complete accounting of all costs incurred in connection
with the work performed hereunder within three hundred sixty (360) days of final payment to the
Contractor. All project cost records and accounts shall be subject to audit by a representative of the
Participant for a period of three (3) years after final close out of the project. The Participant will be
notified of the final costs . The parties agree that in the event the final accounting of total
project costs pursuant to the terms of this agreement is less than the total deposits to date , a
refund of the excess will be made by the Department to the Participant.
14 . In the event said final accounting of total project costs is greater than the total deposits to date ,
the Participant will pay the additional amount within forty (40) calendar days from the date of the
invoice . The Participant agrees to pay interest at a rate as established pursuant to Section 55 . 03 , F . S .
on any invoice not paid within the forty (40) calendar days until the invoice is paid .
15 . In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of
the provisions of this Agreement, the PARTICIPANT shall pay the Department' s reasonable
attorney fees and court costs if the DEPARTMENT prevails .
16 . The Department's obligation to pay is contingent upon an annual appropriation by the Florida
Legislature .
17 . Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the
PROJECT , the AGREEMENT shall be amended to identify the respective responsibilities and the
financial arrangements between the parties .
18 . This AGREEMENT and any interest herein shall not be assigned , transferred or otherwise
encumbered by the PARTICIPANT under any circumstances without the prior written consent of the
DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors .
19 . Except as otherwise set forth herein , this AGREEMENT shall continue in effect and be binding to both
the PARTICIPANT and the DEPARTMENT until the PROJECT is determined to be complete , as
stated in writing , by the Department's Project Manager, or October 10, 2006.
20 . Records of costs incurred under the terms of this Agreement shall be maintained and made available
upon request to the Department at all times during the period of this Agreement and for three years
after final payment is made. Copies of these documents and records shall be furnished to the
Department upon request. Records of costs incurred includes the Participant's general accounting
records and the project records , together with supporting documents and records , of the contractor
and all subcontractors performing work on the project, and all other records of the Contractor and
subcontractors considered necessary by the Department for a proper audit of costs .
21 . In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS
($25 , 000 . 00) and a term for a period of more than one year, the provisions of Section 339 . 135 (6) (a) ,
Florida Statutes , are hereby incorporated :
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which , by its terms , involves the expenditure of money in excess of the amounts budgeted
as available for expenditure during such fiscal year. Any contract, verbal or written , made in violation
of this subsection is null and void , and no money may be paid on such contract. The Department
shall require a statement from the Comptroller of the Department that such funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained
shall prevent the making of contracts for periods exceeding one year, but any contract so made
shall be executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years ; and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS
($25 , 000 , 00) and which have a term for a period of more than one year. "
22 . The PARTICIPANT warrants that it has not employed or obtained any company or person , other than
bona fide employees of the PARTICIPANT , to solicit or secure this AGREEMENT , and it has not paid
or agreed to pay any company , corporation , individual or firm , other than a bona fide employee
employed by the PARTICIPANT . For breach or violation of this provision , the DEPARTMENT shall
have the right to terminate the AGREEMENT without liability .
23 This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida .
24 . This document incorporates and includes all prior negotiations , correspondence , conversations,
agreements , or 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 in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representation 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 executed with the same
formality and of equal dignity herewith .
25 . Any or all notices (except invoices) given or required under this Agreement shall be in writing and
either personally delivered with receipt acknowledged or sent by certified mail , return receipt
requested . All notices delivered shall be sent to the following addresses :
If to the DEPARTMENT :
Florida Department of Transportation - District Four
3400 West Commercial Blvd .
Fort Lauderdale , Florida 33309-3421
Attn : Lizz Holmes , Procurement Manager
With a copy to: Nicholas Danu , FDOT Project Manager
A second copy to : District General Counsel
If to the PARTICIPANT :
Indian River County
1840 25th Street
Vero Beach , Florida 32960
Attn : Jim Davis
With a copy to City Attorney
EXHIBIT A
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this , day of , 2004, by and
between the State of Florida , Department of Transportation, hereinafter referred to as "FDOT" and
the State of Florida, Department of Financial Services, Division of Treasury and Indian
River County, hereinafter referred to as the "Participant" .
WITNESSETH
WHEREAS, " FDOT' is currently designing the following project:
Financial Project Number : 405606- 1 - 21 / 22 -01
County : Indian River
hereinafter referred to as the "Project" .
WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated
wherein DOT agreed to perform certain work on behalf of the Participant in
conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of the FDOT and the Participant to establish an interest bearing escrow account to provide
funds for the work performed on the Project on behalf of the Participant by the FDOT.
NOW THEREFORE, in consideration of the premises and the covenants contained herein, the
parties agree to the following :
1 . FDOT and the PARTICIPANT agree that the recitals set forth above are true and
correct and deemed incorporated herein .
2 . An initial deposit in the amount of TWO HUNDRED SIX THOUSAND TWO
HUNDRED FIFTY DOLLARS ($ 206, 250 .00) will be made by the Participant into an interest
bearing escrow account established by the FDOT for the purposes of the project. Said escrow
account will be opened with the Department of Financial Services, Division of Treasury, Bureau of
Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement.
Such account will be an asset of FDOT.
3 . Other deposits will be made only by the Participant as necessary to cover the cost of
additional work prior to the execution of any Supplemental Agreements ,
4 . All deposits shall be made payable to the Department of Financial Services, Revenue
Processing and mailed to the FDOT Office of Comptroller for appropriate processing at the
following address :
IN WITNESS WHEREOF , the PARTICIPANT has caused this Joint Participation Agreement to be executed
in its behalf this Day of 2004 , by the Mayor, authorized to enter into and
execute it by Resolution No .2004 - 0 ? p , and the DEPARTMENT has executed this Agreement this
day of of 2004 .
STATE OF FLORIDA
INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION
r
CHAIRPERSON ROSIELYN QUIROZ
DIRECTOR OF TRANSPORTATION SUPPORT
~`" »� ,
ATTEST :
APPROV D : APPROVE :
l
aCOUNTYV
BY : BY :
r „lATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR
APPROVED : (AS TO FORM)
BY:
DISTRICT GENERAL COUNSEL
i„
RESOLUTION NO, 2004- 028 ;
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, APPROVING A LOCALLY
FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO FUND A PORTION OF THE PROJECT
DEVELOPMENT AND ENVIRONMENTAL (PDE) STUDY FOR CR 510
WHEREAS, the widening of CR 510 (Wabasso Road) has been an Indian River
Metropolitan Planning Organization (MPO) priority project for several years; and
WHEREAS , the Florida Department of Transportation (FDOT) is prepared to provide
federal funds to pay a portion of the cost for a Project Development and Environment (PDE)
Study for the CR 510 Widening project; and
WHEREAS, the Indian River County Board of County Commissioners is responsible for
paying 50 percent of the cost of the non-federal share for the study costs as its portion of the
required local match.
NOW THEREFORE, BE IT RESOLVED, that the Indian River County Board of
County Commissioners:
1 . Approves the State of Florida Department of Transportation and Indian River
County Locally Funded Agreement; and
2 . Authorizes the Chairman to execute the Locally Funded Agreement; and
3 . Directs the Public Works Director to transmit the executed Locally Funded
Agreement to the Florida Department of Transportation.
THIS RESOLUTION was offered by Commissioner Neuberger who
moved its adoption. The motion was seconded by Commissioner i nwthPr , and
upon being put to a vote, the vote was as follows :
Chairman Caroline D . Ginn Aye
Vice-Chairman Arthur T. Neuberger Aye
Commissioner Fran B . Adams Aye
Commissioner Thomas S . Lowther Aye
Commissioner Kenneth R. Macht Aye
Page 1 of 2
FAPublic Work6\KirnP\Reso1utions\CR510 PDE Study, FDOT Cost Shan Agr, BCC Resolution .doc
Florida Department of Transportation
Office of Comptroller
3717 Apalachee Parkway, Suite B
Mail Station 42
Tallahassee, Florida 32311
ATTN : LFA Section
5 . The FDOTs Comptroller and/or her designees shall be the sole signatories on the
escrow account with the Department of Financial Services and shall have sole authority to authorize
withdrawals from said account.
6 . Unless instructed otherwise by the parties hereto, all interest accumulated in the
escrow account shall remain in the account for the purposes of the project as defined in the LFA.
7 . The Department of Financial Services agrees to provide written confirmation of
receipt of funds to the FDOT.
8 . The Department of Financial Services further agrees to provide periodic reports to the
FDOT.
STATE OF FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES
COMPTROLLER DIVISION OF TREASURY
INDIAN RIVER COUNTYr
PARTICIPANT NAME & TITLE
1540 25th Street,
Vern ac 0
PARTICIPANT ADDRESS
F 59"6000673
FEDERAL EMPLOYER I . D . NUMBER
!r
7 7
RESOLUTION NO . 2004428
The Chairman thereupon declared the resolution duly passed and adopted this 16th day
Of March 920040
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
f
i
By:
Caroline D. Ginn, dhairrian
Attest: 4o7 pt .
Jeffrey K. Barton, Clerk of Co
Deputy Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County, to take acknowledgements, personally appeared Caroline I�> Ginn, as
Chairman of the Board of County Commissioners, and PATFOCIA M . RIDGM , Deputy
Clerk, to me known to be the persons described in and who executed the foregoing instrument
and they acknowledged before me that they executed the same.
WITNESS my hand and official seal on the County and State last aforesaid this 16th
day of March , A.D., 2004.
Notary Publicb
Kimberly E Mossung
� MyCOMMISSION #E DD216503 EXPIRES
, luly 15, 2007
. ' WNW THRU TROY FAM INSURANCE. WK
By: ,
William G. Collins, II, County Attorney
��- Approved as to Form and Legal Sufficiency
Page 2 of 2
FAPublic Works\KimP\Resolutions\CR510 PDE Study, FDOT Cost Share Agr, BCC Resolution.doc