HomeMy WebLinkAbout2011-152 REVISED INTERLOCAL AGREEMENT
REGARDING THE AVIATION BOULEVARD INTERMODAL
ROADWAY IMPROVED1ENT PROJECT
This REVISED INTERLOCAL AGREEMENT ( `Agreement") , dated July 12
2011, is made between the City of Vero Beach, a municipal corporation of the State of Florida.
1053 20 "' Place , Vero Beach , Florida 32960 ( ` CITY ") , and Indian River County , Florida, a
political subdivision of the State of Florida , 1801 27th Street , Vero Beach , Florida 32960
( " COUNTY " ) ,
BACKGROUND
1 . Florida Statutes Section 163 . 01 , et sed . ( 2003 ) , known as the Florida hlterlocal
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 xvit11 the factors influencing the needs and development of local communities ; and
2 . The CITY and COUNTY desire to cooperate in the design of ftrture roadway Nvidening and
intermodal 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 Revised
Agreement updates and replaces the prior agreement dated February 22 , 2005 ; and
4 . This agreement between the CITY and COUNTY is needed in order to set forth each
party ' s obligation to design the Project . The Indian River County MPO has earmarked funds to
assist the CITY and COUNTY in this 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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(a) In accordance with Florida Statutes , the CITY will secure the services of Florida
licensed professionals to design the Project . The CITY may also provide in - house design
services and shall be re-imbursed for same .
(b) The CITY shall obtain any and all necessary permits for the Project .
(c ) The CITY shall oversee all aspects of the design of the project, including sketches and
legal descriptions of needed right- of-way .
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 ) . hi accordance with the Local Government Prompt
Pay 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 and surveying services with
respect to this project not to exceed the sum of $ 1 , 259 , 135 . 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 " A " and adopted by reference herein .
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 .
COUNTY RESPONSIBILITIES
I . The COUNTY shall be responsible for the following :
(a) The COUNTY shall expend road impact fees from District Two and/or County Gas
Taxes in the amount of $ 629 , 567 . 50 dollars , and FDOT shall expend intermodal funds in the
amount of $ 629 , 567 . 50 dollars to partially pay for the cost of:
1 ) preliminary design , not to exceed $ 114 , 840
(2 ) final design not to exceed $ 889 , 605
( 3 ) right - of-- way/easement parcel descriptions , not to exceed $ 25 , 500
(4 ) survey expenses and costs , not to exceed $ 229 , 190
(b) The County shall pay all approved invoices received from the CITY within the time
span allotted by the Local Govermnent 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 .
(d) Eligible costs will be limited to those listed above and will not include right- of-way
acquisition or construction activities .
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 Revised 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 Revised 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 Revised
Agreement . In the event it is necessary for either party to initiate legal action regarding
this
Revised Agreement, venue shall be in the Nineteenth Judicial Circuit for claims under state law
and in the Southern District of Florida for any claims which are justiciable in federal court .
6 . This Revised 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 Revised 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 .
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7 . If any term or provision of this Revised Agreement or the application thereof to
any person or circumstance shall , to any extent , be held invalid or unenforceable for the
remainder of this Revised 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 Revised 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 Revised 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 oi' notice the addresses are as follows :
COUNTY :
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 .
IN WITNESS WHEREOF , the City has approved this Revised Agreement at a
duly noticed meeting held on 2011 .
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ATTEST :
Sign : Sign :
Tammy K . Vock , It Clerk Jay Kra , MayoK
Approved as to form and legal Approved as conforming to municipal
suffic*ncy : poWManager
4C v/l City Atto n i
Approved as o Tech pical requirements :
Director of Public Wov s and Fngilice ring
5
IN WITNESS WHEREOF , the County has approved this Revised Agreement at a duly
noticed meeting held on July 12 , 2011 .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY , FLORIDA
BY : 0"o c7Jit�CC1.�.w
Bob Solari , Chairman
' , •�w �OtuNtsaj� C Approved : July 1. 2 , 2011
By
Josjp Baird , unty Administrator
i
:
Approved as to Form ``RRCOVh::�' Jeffrey K . Barton , Clerk of Court
and Legal Sufficiency
Alan Polackwich , County Attorney
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6
EXHIBIT "A"
Preliminary Design $ 114, 840
Final Design $ 889 , 605
Right - of- Way Parcel Sketches $ 25 , 500
Survey $ 229, 190
Tota 1 $ 1 , 259 , 135
Note : All amounts are " not to exceed " amounts
AVIATION BOULEVARD — VERO BEACH SPORTS
VILLAGE EXPANSION AMENDMENT
AMENDMENT NO , 2 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING
SERVICES AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES , INC . AND
THE CITY OF VERO BEACH , FLORIDA.
This is an amendment to the existing Engineering /Land Surveying Services Agreement
(AGREEMENT) dated June 6 , 2006 between Kimley- Horn and Associates , Inc .
( ENGINEER) and the City of Vero Beach , a political subdivision of the State of Florida
( CITY) . This amendment addresses changes in "Section III - Scope of Services" and
" Section V - Compensation " of the AGREEMENT .
Amendment Description
This Amendment includes the following :
"SECTION III — SCOPE OF SERVICES " is being modified to incorporate the following :
The CITY has requested that ENGINEER revise the drainage design , construction
documents and permit applications to include the proposed four (4 ) athletic fields ,
common areas and parking facilities associated with the contemplated
improvements located within the Vero Beach Sports Village . In addition , the
ENGINEER will quantify to the City the proposed drainage improvements that would
be required to support future development to be located within the Dodgertown
Parcels 1 -A , 2 -A and 3-A . Based upon our understanding , the maximum impervious
area that would be associated with these three parcels would be 25 % .
The permit applications previously submitted to St . Johns River Water Management
District (SJRWMD ) and Indian River Farms Water Control District ( IRFWCD ) would
be amended to include the contemplated improvements identified above .
AVIATION BOULEVARD — VERO BEACH
SPORTS VILLAGE EXPANSION AMENDMENT
"SECTION V — COMPENSATION " is being modified to incorporate the following :
The CITY agrees to pay and the ENGINEER agrees to accept for services
rendered pursuant to this Agreement fees inclusive of expenses in accordance
with the following :
A . Professional Services Fee
The basic compensation mutually agreed upon by the ENGINEER and the
CITY is as follows :
Lump Sum Tasks Description Labor Fee
Supplemental Design Survey $ 1 , 250
Drainage Design $ 8 , 890
Construction Document Revisions $ 7 . 200
Agency Permitting $ 500
Total $ 23 , 000
( THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)
Page 2 of 3
49
AVIATION BOULEVARD - VERO BEACH
SPORTS VILLAGE EXPANSION AMENDMENT
The AGREEMENT is hereby amended as specifically set forth herein . All other
sections of the AGREEMENT shall remain in full force and effect and are incorporated
herein .
This Amendment No . 2 to the AGREEMENT regardless of where executed , shall be
governed by and construed by the laws of the State of Florida .
! t9Cn
witness wh1Inreof the parties have executed this Amendment this i day of
2011 .
KIMLEY- HORN AND ASSOCIATES , INC . CITY OF VERO BEACH , FLORIDA
445 24th STREET, SUITE 200
VE O B , FLORIDA 32960
By : By : _
Jay K er, Ma r
Attest : Attest
jwyv,.. I
Tammy . ock , City Clerk
Approved as to technical requirements : Approved as conforming to municipal policy :
Monke K . Falls , PE es R . O ' Connor, City Manager
Public Works Director
Approved as to form and legal
sufficiency :
qp�� &L��
Cyn Lawson , Finance Director Wayne ent , Acting City Attorney
Page 3 of3
City of Vero Beach vER
�
1053 - 20th PLACE - P. O . BOX 1389 c� x
VERO BEACH , FLORIDA 32961 - 1389 ` ,�
OFFICE OF THE DIRECTOR � L R10�
PUBLIC WORKS
F`1T";` -LTi
September 7 , 2011
SEP $ - 1011
PUBLIC W RK55 r) E T:
Mr . Chris Mora , PE
Public Works Director
Indian River County
1801 27th Street
Vero Beach , FL 32960
Re : Aviation Boulevard Intermodal Roadway Improvements
Revised Interlocal Agreement
Dear Chris :
Enclosed for your file is one original executed revised Interlocal Agreement for the
referenced project , along with one copy of the executed Amendment No . 2 to the City' s
design agreement with Kimley- Horn & Associates , Inc .
As you know , in February 2011 Indian River County staff requested Kimley- Horn modify
the SJRWMD stormwater permit application to include the stormwater system for the
Vero Beach Sports Village quad field complex . Kimley- Horn prepared Amendment No .
2 to address the additional scope and fees . After negotiations between Indian River
County staff and KHA , they agreed on a scope and fees in the amount of $23 , 000 for
the additional work .
The revised Interlocal Agreement reflects both the approved design fees in the amount
of $ 1 , 259 , 135 . 00 and the decision to table construction of the project .
Please feel free to call if you have any questions .
Sincerely ,
le
^AJ
Mo to K . Falls , PE
Public Works Director
Enclosure
MKF/ntn
V :\LAND_PROJECTS\2004\2004-04 Aviation Boulevard\Docs\Interlocal Agreement Tx Executed_CMora_Sep 07 2011 . docx
Phone : ( 772 ) 978-4870 - Fax : ( 772 ) 978-4879 - E-mail : pweng@covb . org
www. covb . org