HomeMy WebLinkAbout2010-150A A TRUE COPY 4c- 15- 10
CERTIFICATION ON LAST PAGE Ia• M 3
J . K . BARTON , CLERK t orf
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INTERLOCAL AGREEMENTO �D
REGARDING THE AVIATION BOULEVARD INTERMODAL
ROADWAY IMPROVEMENT PROJECT
This INTERLOCAL AGREEMENT ( "Agreement") , dated , June 15 2010 , is made
between the City of Vero Beach, a municipal corporation of the State of Florida, 1053 20`h Place ,
Vero Beach, Florida 32960 (the " CITY") , and Indian River County , Florida, a political subdivision
of the State of Florida, 1801 27th Street, Vero Beach , Florida 32960 (the " COUNTY") .
BACKGROUND
1 . Florida Statutes Section 163 . 01 , et seq . (2003 ) , known as the Florida Interlocal Cooperation
Act of 1969 , provides a method for governmental entities to cooperate with each other on a basis of
mutual advantage to provide services and facilities in a manner that will accord best with the factors
influencing the needs and development of local communities ; and
2 . The CITY and COUNTY desire to cooperate in the implementation of roadway
improvements to Aviation Boulevard from 43rd Avenue to U . S . 1 ( State Road 5 ) (herein after
referred to as the " Aviation Boulevard Project" or " Project" ) located in Vero Beach and
unincorporated Indian River County , all on the terms and conditions set forth herein ; and
3 . The CITY and COUNTY entered into an Interlocal Agreement Regarding the Aviation
Boulevard Intermodal Roadway Improvement Project on February 22 , 2005 . This new agreement
updates and replaces the prior agreement dated February 22 , 2005 ; and
4 . The project will involve the widening of Aviation Boulevard to 4 lanes between 43 `d Avenue
and US Highway 1 . A schematic of the roadway improvements for the Aviation Boulevard Project
is attached hereto as Exhibit " A" and incorporated by reference .
5 . The purpose of this agreement is to set forth each party ' s obligations to design, pian
and
construct the Project .
NOW , THEREFORE , in consideration of the mutual benefits flowing from each to the other,
the parties agree as follows :
CITY RESPONSIBILITIES
1 . The CITY shall be responsible for the following :
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CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
(a) In accordance with Florida Statutes , the CITY will secure the services of Florida licensed
professionals to design , oversee and construct the Project . The CITY may also provide in-house
design , engineering and construction services and shall be reimbursed for same .
(b) The CITY shall obtain any and all necessary permits for the Project.
(c) The CITY shall obtain all rights -of-- way or easements required for the Project . Any right-
of- way or permanent easement that is contiguous with Aviation Boulevard shall be dedicated to the
City of Vero Beach . All other rights- of-way or permanent easements contiguous to CITY owned
land shall be dedicated to the CITY . The CITY shall , promptly upon receipt of any title work for
any right- of- way or permanent easement, transmit same to the COUNTY' s Project Manager .
Thereafter , and within 30 calendar days after receipt of such title work, the COUNTY shall provide
any comments , and approval or disapproval in writing . All right-of- way deeds and permanent
easements shall contain a maintenance easement in favor of the COUNTY and the CITY ,
(d ) The CITY shall oversee all aspects of the project .
(e ) After construction of the Project, the CITY shall , at its sole cost and expense and not
subject to reimbursement under this Agreement , be solely responsible to maintain the Project
improvements for the term of this Agreement . In the event the CITY fails to maintain the
improvements as described , the COUNTY shall have the right , but is not obligated , to maintain the
improvements and to be reimbursed for such costs and expenses by the CITY .
2 . ( a) The CITY shall enter into contracts with Florida licensed engineers , surveyors,
landscape architects and entities holding the appropriate State of Florida certificates under Florida
Statutes Chapter 489 with respect to the Project . The CITY shall promptly review any and all
invoices submitted in connection with the Project and either approve or disapprove same . Promptly
upon approval , the CITY shall send such approved invoices to the COUNTY' s Project Manager (as
such term is hereinafter defined) . In accordance with the prompt payment act, the County shall
remit payment of approved invoices directly to the entity submitting the invoice .
(b ) The city reserves the right to provide engineering , surveying , and construction
engineering and inspection services with respect to this project not to exceed the sum of
$ 1 ,236 , 13 . If the City provides these services , the City will be reimbursed for these expenses after
providing the county' s project manager with documented project costs . These costs shall be
reimbursed to the City in accordance with the schedule attached as exhibit " B " and adopted by
reference herein .
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J . K . BARTON , CLERK
3 . Promptly upon receipt by the CITY of the construction design plans , drawings and
specifications at both the 50 % stage and the 90% stage (" Plans") , the CITY shall transmit same to
the COUNTY for the COUNTY' s review and written approval , which shall not be unreasonably
withheld . The COUNTY shall promptly convey , in writing , its approval or disapproval of the Plans
to the CITY . If the Plans are approved , or approved after modification, the CITY shall cause the
Plans to be prepared for public bid in accordance with Florida law . The CITY shall provide a full
set of the construction documents to the COUNTY for review prior to the date the CITY plans to
advertise the Project . The COUNTY shall transmit written comments on the construction
documents to the CITY . The CITY shall require that the payment and performance bonds of the
contractor selected to construct the Project shall run to both the CITY and the COUNTY . If the
Plans do not receive the written approval of the COUNTY , this Agreement shall terminate ten ( 10)
calendar days after the COUNTY remits payment for any invoices submitted by the CITY for
services provided prior to the date of the COUNTY disapproval of the Plans . After receipt of bids
on the construction documents , both the COUNTY and CITY must approve the construction award .
COUNTY RESPONSIBILITIES
1 . The COUNTY shall be responsible for the following :
(a) The COUNTY shall expend road impact fees from District Two in the amount of
$ 7 , 196 , 135 dollars , and FDOT shall expend intermodal and other grant funds in the amount of
$ 6 , 290 , 000 dollars to partially pay for the cost of:
( 1 ) preliminary design costs shall not exceed $ 16t , 765 . 00 .
(2 ) final design shall not exceed $ 813 , 930 . 00 .
( 3 ) right- of-way parcel sketches and descriptions shall not exceed $ 5 , 750 . 00 .
(4 ) right-of--way acquisition shall not exceed $ 50 , 000 . 00 .
( 5 ) bidding and oversight during construction shall not exceed $ 200 , 000 . 00
( 6 ) survey expenses and costs shall not exceed $ 254 , 690 .
(7) total estimated construction cost : $ 12 , 000 , 000 .
(b) The County shall pay all approved invoices received from the City within the time span
allotted by the Florida Prompt Pay Act , Chapter 218 . 70 FS .
(c) The County shall apply for and coordinate all phases of the grants from the Florida
Dept . of Transportation .
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J . K . BARTON , CLERK
2 . The Project Manager for the CITY is Monte K . Falls , Director of Public Works and
Engineering .
The Project Manager for the COUNTY is Chris Mora , Public Works Director .
3 . This Agreement may be amended only by written agreement of the parties . A party
requesting amendment of the Agreement must propose such amendment in writing to the other
party .
4 . This Agreement shall become effective upon execution by both parties and filing with
the Clerk of the Circuit Court for Indian River County .
5 . The laws of the State of Florida shall govern all aspects of this Agreement . In the
event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be
in the Nineteenth Judicial Circuit for claims under state law and in the Southern District of Florida
for any claim which are justiciable in federal court .
6 . 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 in this
document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated
upon any prior or contemporaneous representations or agreements , whether oral or written .
7 . 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 .
8 . Any notice , request , demand , consent, approval or other communication required or
permitted by this Agreement shall be given or made in writing and shall be served (as elected by the
party giving such notice ) by any of the following methods :
(a) hand delivery to the other party
(b ) delivery by commercial overnight courier service
(c ) mailed by registered or certified mail (postage prepaid) , return receipt requested . For
purposes of notice the addresses are as follows :
COUNTY :
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J . K . BARTON , CLERK
Chris Mora
Indian River County
Public Works Director
1801 27th Street
Vero Beach, FL 32960 - 3365
CITY :
Monte Falls
City of Vero Beach
Director of Public Works and Engineering
P . O . Box 1389
Vero Beach, FL 32961 - 1389
(Hand delivery 1053 20th Place , Vero Beach)
Notice given in accordance with the provisions of this paragraph shall be deemed to be delivered
and effective on the date of hand delivery or on the second day after the date of the deposit with an
overnight courier or on the date upon which the return receipt is signed or delivery is refused or the
notice is designated by the postal authorities as not delivered if mailed .
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J . K . BARTON , CLERK
IN WITNESS WHEREOF , the City has approved this Agreement at a duly noticed meeting
held on , 2010 .
ATTEST :
Sign : Sign :
Tammy K . Vock , City Clerk Kevin Sawnick , Mayor
Approved as to form and legal Approved as conforming to municipal
sufficiency : policy :
City Attorney City Manager
Approved as to Technical requirements :
Director of Public Works and Engineering
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J . K . BARTON , CLERK
IN WITNESS WHEREOF , the County has approved this Agreement at a duly noticed
meeting held on June 15 , 2010 . 01601MSSs
BOARD OF COUNTY COMMISSIONERS J?.• ' '•. J+
INDIA VER COUNTY , FORIDA iw;� ° . ♦res
BY :
Peter D . O ' Bryan, Chairman 'J ` 'O��
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N4 C0� $ 400 .
BCC Approved : June 1 5 , 2010 6ry4aar aft 0 M
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Josep Baird, ountyAdministrator
Attest:
Approved as to Form ka( ; Jeffrey K. Barton, Vd7;
ofourt
and Legal Sufficiency �-j � � e��nl TDt
Alan Polackwich , County Attorney
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CITY of VERO BEACN EXHIBIT '.�,'
SCALE EDRAM eY PAGE N 11 " = 1 SRS
DEPARTMENT OF PUBLIC WORKS AND ENGINEERING AVIATION BLVD IMPROVEMENTS DATE08 0004- 04 1 OF 1
D :1Land Projects12004-04\dwglSchematic wq, 11/9/2004 11 : 18:42 AM
EXHIBIT " B "
Engineering , Surveying , and Construction Engineering and Inspection Services
Cost in Actual 43rd Avenue
Original Contract Design Revised
Agreement Cost Amendment Total
Preliminary Design $40 , 000 . 00 $ 161 , 765 . 00 $ 0 . 00 $ 161 , 765 . 00
Final Design $ 360 , 000 . 00 $ 582 , 385 . 00 $ 231 , 545 . 00 $ 813 , 930 . 00
Right- of- Way Parcel Sketches/Descriptions $ 100 , 000 . 00 $ 5 , 750 . 00 $ 0 . 00 $ 5 , 750 . 00
Survey $ 100 , 000 . 00 $ 225 , 290 . 00 $ 29 , 400 . 00 $ 254 , 690 . 00
Total $ 6001000 . 00 $ 975 , 190 . 00 $ 260 , 945 . 00 $ 1 , 236 , 135 . 00
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STATE OF FLORIDA ;OJT'•
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS '
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS ;O�
OFFICE
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F : \Community Development\ Users\MPO\ Projects\Aviation Blvd\Aviation Blvd Widening\JPA Agreements\Revised
Agreement 09\Attachment - Exhibit B . xls