HomeMy WebLinkAbout2008-020a� r Y'
FM No: 627: 32-
228627-1-52-01, 1
FEID No: VF- 6-00 - 79 Py
X00 S? OX)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS Locally Funded Agreement (hereinafter referred to as "AGREEMENT"), entered into this day
of 200_, by and between the State of Florida Department of Transportation
hereinafter called the DEPARTMENT, and INDIAN RIVER COUNTY located at 1801 27TH Street, Vero
Beach, Florida 32960, hereinafter called the PARTICIPANT.
t
WITNESSETH
WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make
certain improvements in connection with Financial Management (FM) Number 228627-1-32-02, 228627=1-52=
01, & 228627-1-62-01 in (Fiscal Year 2009/2010) for Reconstruction and Widening of SR -60 from 82nd
Avenue/CR-609 to 66th Avenue/CR-615 in Indian River County, Florida. Refer to Exhibit "A" of this
Agreement for a detailed Scope of Services; and,
WHEREAS, for purposes of this Agreement, improvements to be made as stated above are hereinafter
referred to as the "PROJECT"; and,
WHEREAS, in order to expedite the PROJECT in advance of the DEPARTMENT'S schedule, the
PARTICIPANT is prepared to advance the funding of the PROJECT in Fiscal Year 2007/2008 for the
PROJECT, pursuant to Section 339.12 Florida Statutes; and,
WHEREAS, the DEPARTMENT is prepared to commit funds for the reimbursement of conditions,
subject to the appropriation of funds by the Legislature; and,
WHEREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in
the DEPARTMENT'S Adopted Work Program; 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 No. 2007-025 adopted on March 13 ,
2007, , a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into
this AGREEMENT.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement for 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 assuring that the PROJECT complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards.
3. 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
the PARTICIPANT input in its decisions.
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4: The construction of the PROJECT is estimated to be completed in January, 2011. The
PARTICIPANT'S advanced funding for this PROJECT is in the amount of THIRTY FOUR
MILLION SIX HUNDRED SIXTY NINE THOUSAND SIX HUNDRED ONE DOLLARS
($34,669,601.00).
The PARTICIPANT will submit the advance funding for the project in three payments. The
PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement, furnish
the DEPARTMENT with a check for the first payment which is 10% of the PROJECT estimate
in the amount of THREE MILLION FOUR HUNDRED SIXTY SIX THOUSAND NINE
HUNDRED SIXTY DOLLARS AND TEN CENTS ($3,466,960.10). The second payment,
which is 40% of the PROJECT estimate, is THIRTEEN MILLION EIGHT HUNDRED SIXTY
SEVEN THOUSAND EIGHT HUNDRED FORTY DOLLARS AND FORTY CENTS
($13,867,840.40) and will be due no later than the date of letting, currently scheduled for
March 26, 2008. The third and final payment, which is 50% of the PROJECT estimate, is in
the amount of SEVENTEEN MILLION THREE HUNDRED THIRTY FOUR THOUSAND EIGHT
HUNDRED DOLLARS AND FIFTY CENTS ($17,334,800.50) and is due seven days prior to
the execution of the construction contract by the DEPARTMENT. Currently, the construction
contract is scheduled to be executed on May 9, 2008.
The DEPARTMENT agrees to reimburse the PARTICIPANT for their participation in
accordance with Section 339.12(4)(c), Florida Statutes. The PARTICIPANT acknowledges
and agrees that it will not invoice the DEPARTMENT for any portion of the THIRTY FOUR
MILLION SIX HUNDRED SIXTY NINE THOUSAND SIX HUNDRED ONE DOLLARS
($34,669,601.00) prior to July 1, 2009, the fiscal year the PROJECT is scheduled in the
Department's Work program. After a receipt of a properly documented invoice, the payments
will be made to the PARTICIPANT in seven (7) equal quarterly payments of FOUR MILLION
THREE HUNDRED THIRTY THREE THOUSAND SEVEN HUNDRED DOLLARS AND
TWELVE CENTS ($4,333,700.12) and the eighth (8th) quarterly payment of FOUR MILLION
THREE HUNDRED THIRTY THREE THOUSAND SEVEN HUNDRED DOLLARS AND
SIXTEEN CENTS ($4,333,700.16) , which equals THIRTY FOUR MILLION SIX HUNDRED
SIXTY NINE THOUSAND SIX HUNDRED ONE DOLLARS ($34,669,601.00).
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. 228627-1-32-02, 228627-1-52-01, & 228627-1-62-01. The DEPARTMENT shall utilize this
deposit for payment of the cost of Projects No. 228627-1-32-02, 28627-1-52-01, & 228627-1-
62-01.
Payment shall be mailed to:
Florida Department of Transportation
Professional Services Unit -
3400 W. Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
Attention: Leos A. Kennedy, Jr.
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0
I
Breakdown of Funding
Design Services
FM# 228627=1=32=02
Construction
FM# 228627=1-52-01
CEI Services
FM# 228627=1-62-01
$2502000.00
$309928,126.00
$3,4911475.00
Total estimated Project Cost = $34,669,601.00
(A) If the accepted bid amount plus allowances is in excess of the advance deposit
amount, the PARTICIPANT will provide an additional deposit within fourteen (14)
calendar days of notification from the DEPARTMENT or prior to posting of the
accepted bid, whichever is earlier, so that the total deposit is equal to the bid
amount plus allowances. The DEPARTMENT will notify the PARTICIPANT as soon
as it becomes apparent the accepted bid amount plus allowances are in excess of
the advance deposit 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. If the PARTICIPANT cannot provide the additional deposit within
fourteen (14) days, a letter must be submitted to and approved by the
DEPARTMENT'S project manager indicating when the deposit will be made. The
PARTICIPANT understands the request and approval of the additional time could
delay the PROJECT, and additional costs may be incurred due to delay of the
PROJECT,
(B) The DEPARTMENT intends to have it final and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred sixty
(360) days of final payments is made to the Contractor. The DEPARTMENT
considers the PROJECT complete when the final payment is made to the Contractor,
not when the construction work is complete. All PROJECT cost records and accounts
shall be subject to audit by a representative of the PARTICIPANT fora period of five (5)
years after final close out of the PROJECT. The PARTICIPANT will be notified of the
final cost. Both 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 PARTICPANT. If the
final accounting is not performed within three hundred and sixty (360) days, the
PARTICIPANT is not relieved from its obligation to pay.
(C) In the event the 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 from the DEPARTMENT. The
PARTICIPANT agrees to pay interest at a rate as established pursuant to Section
55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice
is paid.
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(D) The payment of funds under this Agreement will be made:
Directly to the DEPARTMENT for deposit and as provided in the Memorandum of
Agreement (MOA) between PARTICIPANT, DEPARTMENT, and the State of Florida,
Department of Financial Services, Division of Treasury, a copy of which is attached
hereto as Exhibit "B".
NOTE: The MOA is a benefit to both the DEPARTMENT and the PARTICIPANT.
Interest earned will be used for any additional costs of PARTICIPANT responsibility.
Any unused funds, including interest, will be provided to the PARTICIPANT after the
final accounting of the PROJECT has been performed.
(E) The DEPARTMENT'S obligation to pay any sum pursuant to this Agreement is
contingent upon an annual appropriation by the Florida Legislature.
5. In the event the PROJECT modifications or changes to bid items occur that increase or exceed
the amount authorized in paragraph 4, the PARTICIPANT will be notified by the
DEPARTMENT. The PARTICIPANT agrees to provide, without delay, additional funding
needed to complete the PROJECT by means of a Supplemental Amendment, to be signed by
both parties before work is undertaken. The DEPARTMENT acknowledges and agrees that
any additional funding provided by the PARTICIPANT shall be reimbursed in addition to the
amount authorized in paragraph 4, during the scheduled reimbursement. 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 during
the PROJECT and on final accounting as provided herein. Funds due from the
PARTICIPANT during the PROJECT not paid within forty (40) days calendar days from the
date of the invoice are subject to an interest charge at a rate established pursuant to
Section 55.03, F.S.
6. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement
of the provisions of this Agreement, each party shall be responsible to pay their own attorney
fees and court costs.
7. 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.
8. 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 completed as
evidenced by the written acceptance of the DEPARTMENT, or June 30, 2011 whichever
occurs first.
9. 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
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V
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.
10. With respect to any of the PARTICIPANT'S agents, consultants, subconsultants, contractors,
and/or sub -contractors, such party in any contract for this Project shall agree to indemnify,
defend, save and hold harmless the DEPARTMENT 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 such agents, consultants, subconsultants, contractors
and/or subcontractors. The PARTICIPANT shall provide to the DEPARTMENT written
evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood
and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for
its own negligence.
11. This AGREEMENT is governed by and construed in accordance with the laws of the State of
Florida.
12. 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.
13. 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: Leos A. Kennedy, Jr.
With a copy to: Betsy Jeffers
A second copy to: District General Counsel
If to the PARTICIPANT:
Indian River County
1801 27th Street
Vero Beach, Florida 32960
Attn: Jim Davis, P.E.
With a copy to: Joseph Baird
County Administrator
With a second copy to: County Attorney
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IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified
herein. Authorization has been given to enter into and execute this Agreement by Resolution No. L. `�
. hereto attached.
INDIAN RIVER COUNTY
BY:
NAME
TITLE
ATTEST:
M
Sandra L. Bowden
hai•rman
COUNTY CLERK
F UN
.i ti,'�e
CLERK CIRCUIT COURT
APPROVED:
BY:
(SEAL)
COUNTY
ATTORNEY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
ROSIELYN QUIROZ
DIRECTOR OF TRANSPORTATION SUPPORT
APPROVED: (AS TO FORM)
BY:
DISTRICT GENERAL COUNSEL
APPROVED:
BY:
PROFESSIONAL SERVICES ADMINISTRATOR
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IV
RESOLUTION NO, 2007- 025
A RESOLUTION OF THE BOARD OF CONY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CHAIRMAN TO
EXECUTE JOINT PARTICIPATION AGREEMENTS WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION
TO ADVANCE CONSTRUCTION OF SEGMENTS OF
STATE ROAD 60
WHEREAS, the anticipated transportation demands on State Road 60 from 66th Avenue
to 82nd Avenue and from 82nd Avenue to I-95 (the Segments) will exceed the level of service
established in the Comprehensive Plan; and
WHEREAS, if improvements are not made to the Segments, and traffic exceeds the level
of service, applications for New Development would be denied as they would not meet the
requirements of the Concurrency Management System; and
WHEREAS, improvement to the Segments will eliminate existing deficiencies and
create new capacity on the Segments; and -
WHEREAS, in order for the Segments to meet the requirements of the Concurrency
Management System, the improvements must appear in the first three years of the Florida
Department of Transportation's work plan; and
WHEREAS, in order for the improvements to the Segments to appear in the first three
years of the FDOT work plan, the County must supply the funding to FDOT; and
WHEREAS, the County, by resolution, has determined to agree with the Florida
Department of Transportation to enter into Advance Construction Agreements providing for the
advance construction of the Segment Improvements conditioned upon the advancement of their
cost of construction by the County; and
WHEREAS, the Advance Construction Agreements will provide for reimbursement to
the County from available State and Federal Funds of the principal amount advanced but do not
provide or allow for any reimbursement to the County for the Interest Component; and
WHEREAS, the County and FDOT have agreed to enter into a Joint Participation
Agreement for advancing construction of SR 60, whereby construction funding of approximately
$38 Million will be advanced by Indian River County in 2007/08, and an additional $30 million
will be advanced by Indian River County in 2008/09;
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS g0 CERTIFY THAT THIS IS
A TRITE AND CORRECT COPY OF
'rs.IE ORIGINAL ON FILE IN THIS
0FFICE
S FFREY K. BARTON, CLERK
BY
t
REASOLUTION NO. 2007- 025
1. The Chairman of the Board of County Commissioners is authorized to execute any documents
necessary to complete the Advance Construction Agreement for the improvements to the
Segments of State Road 60.
The forgoing Resolution was offered by Commissioner 01 Bryan and seconded
by Commissioner Wheeler and upon being put to a vote, the vote was as
follows:
Gary C. Wheeler, Chairman Aye
Sandra L. Bowden, Vice Chairman Aye
Wesley S. Davis, Commissioner Aye
Joe Flescher, Commissioner Nay
Peter D. O'Bryan, Commissioner Aye
The Chairman thereupon declared the resolution duly passed and adopted at a meeting held this
13th day of March, 2007,
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
Gary Wheeler, Chairman
ATTEST: '�Z 4"K
Jeffrey K. Barton, Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
FAAttorncy\Bill\Ordinance Atnendments\State Road 60\BCC Resolution of Execution of Agreennent.doc
Exhibit "A"
Scope of Services
The Department will reconstruct and widen SR -60 from a 4 -lane rural to a 6 -lane urban section. The
proposed typical section will consist of a raised 22' median with curb and gutter at the inside edge of
pavements and curb and gutter with sidewalk at the outside edge of pavements. The landscaping, lighting,
signing, pavement markings, and 3 signalized intersections will be upgraded for the corridor. This Project
also includes the replacement of a large portion of an open canal (R-3 Canal) located along the south side of
the corridor with an underground pipe.
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THIS AGREEMENT, made and entered into this , day of
200 , 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".
WHEREAS, "FDOT" is currently constructing the following project:
Financial Project Number: 228627-1-32-02, 228627-1-52-01,
& 228627=1-62-01
County: INDIAN RIVER
hereinafter referred to as the "Project".
WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement
(LFA) 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 THREE MILLION FOUR HUNDRED
SIXTY SIX THOUSAND NINE HUNDRED SIXTY DOLLARS AND TEN
CENTS ($3,466,960.10) will be made by the Participant into an interest
bearing escrow account established by the FDOT for the purposes of the
Project. Subsequent deposits will be made into the account in accordance
with the Locally Funded Agreement. 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.
IV
4. All deposits shall be made payable to the Department of Financial
Services, Revenue Processing and mailed to the FDOT District Four
Office, The District Four Office will then forward the check, along with
required documentation to the FDOT Central Office for appropriate
processing at the following address:
Florida Department of Transportation
Office of Comptroller
General Accounting Office, LFA Section
605 Suwannee Street, Mail Station #42B
Tallahassee, Florida 32399
5. The FDOT'S Comptroller or designee 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
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
APPROVED AS ,TO FORt`3,
AN� °@ S P` F9IEf�MCY
SY -
WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
BY:
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
Sandra L. Bowden, Chairman
PARTICIPANT NAME & TITLE
180127 TH Street
Vero Beach FL 32960
PARTICIPANT ADDRESS
F-596-000-79
FEDERAL EMPLOYER I.D. NUMBER