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HomeMy WebLinkAbout2008-410 y / 1 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE SCHOOL BOARD OF INDIAN RIVER COUNTY FOR IMPROVEMENTS TO 57TH STREET, 66TH AVENUE AND 58" AVENUE THIS AGREEMENT , entered into this 9th— day of r)prembLnr , 2008 , by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960 , hereafter called "COUNTY" and SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, 1990 25 " Street, Vero Beach, Florida, 32960 hereafter called "SCHOOL BOARD" ; WHEREAS , the SCHOOL BOARD is constructing a middle school on the north side of 57th Street, east of 66th Avenue, located in Indian River County, and WHEREAS , 57th Street between 66th Avenue and 58th Avenue, which includes a narrow bridge over the Lateral "A" Canal , is currently an unpaved two-lane road along SCHOOL BOARD property ; and WHEREAS, the SCHOOL BOARD plans to complete and open the new middle school on August 24 , 2009 ; and WHEREAS, turn lanes and traffic signals will be needed for school traffic at the intersection of 57th Street and 58th Avenue ; and at the intersection of 57th Street and 66th Avenue ; and a new bridge to replace the narrow bridge over the Lateral "A" Canal on 57th Street immediately east of 66th Avenue ; WHEREAS, it is mutually beneficial to both the SCHOOL BOARD and the COUNTY to cooperatively design, permit, fund, and construct roadway, traffic , and stormwater improvements within the 57th Street, 66th Avenue and 58th Avenue corridors ; NOW, THEREFORE , in consideration of the mutual terms, conditions , promises, covenants and premises hereafter, the COUNTY and the SCHOOL BOARD agree as follows : 1 . Recitals. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2 . School Board Responsibilities. The SCHOOL BOARD shall design and obtain all necessary permits for construction of a southbound left turn lane on 66th Avenue approaching 57th Street. The SCHOOL BOARD shall obtain permits for and build a bridge over the Lateral "A" canal on 57th Street east of 66th Avenue . The SCHOOL BOARD shall permit and construct 1 road improvements on 57th Street between 66th Avenue and 64th Avenue, necessary to connect the new bridge over the Lateral "A" canal to the newly- improved section of 57th Street between 64th Avenue and 58th Avenue . 3. County Responsibilities . The COUNTY shall design a bridge to replace the current bridge over the Lateral "A" canal located at the intersection of 57th Street and 66th Avenue . The COUNTY shall design and construct traffic signals at the intersections of 57th Street & 58th Avenue , and 57th Street & 66th Avenue . The COUNTY shall construct a southbound left turn lane on 66th Avenue approaching 57th Street, and the associated improvements including embankment stabilization improvements to the Lateral "A" canal . 4. School Board and County Cost Sharing. The parties estimate that the traffic improvements to 571h Street, and to 661h Avenue, traffic signals at 57St/66Av and 57St/58Av, and bridge construction at 57th Street & 66th Avenue will cost approximately $2 , 500, 000 . To advance construction of the aforementioned road improvements, the COUNTY and SCHOOL DISTRICT shall : a. Equally share the cost of the improvements, with the SCHOOL DISTRICT funding the 66th Avenue turn lane design and permitting, bridge permitting & construction over the Lateral "A" canal , and construction & permitting of road improvements to 57th Street between 64th Avenue and 66th Avenue at the estimated cost of $ 1 ,250, 000 ; and the COUNTY paying for bridge design, traffic signals at two intersections and left turn lane & associated improvements ' construction on 66th Avenue north of 57th Street, at the estimated cost of $ 1 , 250 , 000 . b. Any savings or cost overruns on any of these improvements will be shared equally between the parties . Each party ' s financial liability for the Project shall be no more than $ 1 ,250, 000 . If the cost is determined to be substantially over $ 1 ,250, 000, then the parties may renegotiate this agreement. 5. Insurance and Indemnity. The SCHOOL BOARD ' S contractors and subcontractors will maintain the following minimum limits of insurance during the term of this agreement and shall provide evidence of said coverage being in effect by providing the COUNTY with a Certificate of Insurance listing Indian River County as an additional insured : 2 a. Commercial General Liability Coverage shall include contractual liability, products and completed operations , independent contractors, broad form general liability extensions, and per contract aggregate : Each Occurrence : $ 3 , 000 ,000 Fire Damage (Any one fire) $ 50, 000 Medical Expenses (Any one person) $ 5 , 000 Personal & Adv Injury $ 1 , 000 , 000 General Aggregate $2 , 000 ,000 b. Automobile Liability — Combined Single Limit $ 3 , 000, 000 . c. Worker ' s Compensation Statutory — as required by the State of Florida : Each Accident $ 100,000 Each Disease — Each Employee $ 100, 000 Each Disease — Policy Limit $ 500, 000 d . Professional Liability insurance on occurrence or claims made basis with limits of liability not less than $ 1 , 000, 000 per occurrence and $ 2 , 000 , 000 aggregate combined single limit. This policy shall cover COUNTY, all employees, and/or volunteers and all independent contractors, subcontractors and professional contractual persons hired or retained by the SCHOOL BOARD. e. There shall be no more than $ 5 , 000 deductible per claim amount unless approved by the COUNTY Risk Manager. Any deductibles or self-insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for the COUNTY with the ultimate responsibility for same going to the SCHOOL BOARD . f. To the extent allowed by the Laws of Florida, the SCHOOL BOARD hereby agrees to indemnify, defend, save and hold harmless the COUNTY from all claims, demands liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence , omission, or commission of the SCHOOL BOARD , its agents, or employees, arising out of this agreement or the work which is the subject hereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the COUNTY for its own negligence . 3 6. Miscellaneous a. Litieation : In the event any legal proceedings are required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees at both trial and appellate levels , together with all costs of said proceedings . b . Amendment : No amendment, modification, change , or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . c . Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns . d. Severability, Construction and Interpretation . In the event that any section, subsection, sentence, clause or word of this Agreement shall be held by a court of competent jurisdiction to be partially or wholly invalid or unenforceable for any reason whatsoever, any such invalidity, illegality or unenforceability shall not affect any of the other remaining Articles, sections, subsections, sentences, clauses or words of this Agreement, and this Agreement shall be read and/or applied as if the invalid , illegal or unenforceable section, subsection, sentence, clause or word did not exist . This Agreement was mutually negotiated by all parties who have executed the same . Consequently, it is the intent of the parties that no provision shall be more harshly construed against either party as the drafter hereof. d . Governine Law : This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. e. Property Insurance/Risk Management At the time of conveyance of any properties under this agreement, the receiving party shall be responsible for securing insurance coverage on the facility and grounds . f. Assignment. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the SCHOOL BOARD or COUNTY under any circumstances without the prior written consent of the other party. g . Jurisdiction. This agreement is governed by and construed in accordance with the laws of the State of Florida. 4 y h . Entire Agreement. 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 wherewith . i. Disclaimer of Third Party Beneficiaries. Nothing in this agreement expressed or implied is intended or shall be construed to confer upon or give any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereto , and all of the provisions , representations, covenants and conditions herein contained shall inure to the soul benefit of all parties hereto and shall be binding upon said parties and their respective and express representatives, successors and assigns . J . Effective Date. Prior to this agreement, or any amendment hereto , becoming effective, it shall be approved and executed by all parties hereto ; and pursuant to Section 163 . 01 ( 11 ) , Florida Statutes (2003 ) , this Agreement shall become effective immediately after signing by the last party . k. Termination and Amendment. Except as otherwise provided herein, this Interlocal Agreement shall terminate automatically after completion of the project. 1. Notices. Any of all notices (except invoices) given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail , return receipt requested . All notices delivered shall be sent to the following addresses : If to the COUNTY . If to the SCHOOL BOARD : Indian River County School Board of Indian River County Public Works Department 199025 th Street 180127 1h Street Vero Beach, Florida 32960 Vero Beach, Florida 32960 Attn : Dr. Dan McIntyre, Attn : James W . Davis , P . E . , Executive Director, Planning & Operations Public Works Director 5 IN WITNESS WHEREOF the COUNTY and the SCHOOL BOARD have caused these presents to be executed in their names, the day and year first above written . SCHOOL BOARD OF INDIAN RIVER COUNTY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS CaroljlJ hns`q Chairman ofirman Wesley S . Davis , Chairman Witnessed by : Approved by BCC December 9; 2008 �- --_ Attest : ,. Harry LaIU66, Ed . D . \\\\% Superintendent Mary Louise Scheidt, Clea; A&lnterim 43 Approved as to Form Approved as to Form and Leg 1 Sufficienc And legal Sufficiency William K. DeBraa By . Deputy County Attorney Usher L . Brown, Esq . , School Board Attorney 6 Nov 19 24DD8 5e 42PM HP LHSEKJE 1 FHx 11 / 19 / 2008 10 : 40 15615643103 IRCSS J STANG PAGE 02 IN WITNESS WHIREOF the COUNTY and the SCHOOL BOARD have caused these preseots to be executed in their dames, the day and year f m above written. SCHOOL BOARD OF INDIAN RIVER COUNTY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS nma 9404tw:� Cs;ew Clwir� Sandra Bowden, Chairman %\%% aba% Witnessed by. Approved by BCC -- Attest: Ed.D . Superintendent Jeffrey K. Barton, Clerk of Circuit Court Approved as to Form Approved es to Form and Legal Sufficiency And legal Suf ' cy L A- t:; : William K. ,M13rul By : ,. ., Deputy County Attorney Usher L. Brown, E q . , School Board Attorney 6