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HomeMy WebLinkAbout2004-015RESOLUTION NO. 2004 - 015 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 LOCAL MATCH FOR RIGHT OF WAY ACQUISTION ASSOCIATED WITH THE 16TH / 17TH STREET WIDENING PROJECT. WHEREAS, the widening of 16th/17th Street has been an Indian River County 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 right of way acquisition for the 16th/17th Street project; and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 12.5 percent of the project 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 Community Development Director to transmit the executed Locally Funded Agreement to the Florida Department of Transportation. THIS RESOLUTION was offered by Commissioner its adoption. The motion was seconded by Commissioner being put to a vote, the vote was as follows: Adams Lowther who moved , and upon 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 f RESOLUTION NO. 2004-015 The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of February ,2004: Attest: J.K. Baton;,Clerk By: A Deputy Clerl t• .& A"! ra. 4z S. • I H'EREBY ,CERTIFY that on this day, before me, an officer duly authorized in this State and County to take' acknowledgments, personally appeared Caroline D. Ginn, as Chairman of the Board of County`C ornmissioners, andATRICIA M RIDGEDcputy Clerk, to me known to be the persons describedin'aidwho executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 3rd day of February , A.D., 2004. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ert.441.42.4044:-/C., Caroline D. Ginn, Chairman APPROVED AS TO LEGAL SUFFICIENCY William G. Collins, County Attorney Notary Public "�*'`r�'•• Kimberly E. Massung R �•_� MYCOMMISSION# DD216503 EXPIRES • oD{ July 15, 2007 ', f, ,," BONDED THRU TROY FAIN INSURANCE, INC APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Robert M. Keating, A CP, Dir: ctor Community Development De.artment BAResolutionsU.FA 16th & 17th Street 2004 ROW DCC Resolution doe FM No: 23087214B/�i�iT /4/4F.ORIDA �, /� , FEID No: 598-000-8�1A 'RIVER AUNTY THIS IS HAT THIS IS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION -lrlh HIS LOCALLY FUNDED AGREEMENT OFFI BY THIS AGREEMENT, entered into this day of 200, by and between Florida Department of Transportation hereinafter called the DEPARTMENT, and the Indian River County, located at 1840 25th Street, Vero Beach, Florida 32960, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with State FM Number 230872-1-4B/41/42/43/45-01 for Right of Way Acquisition along 16th/17th Street from 500' W. of 14th Avenue to US -1 in Indian River County, Florida. The purpose of the LFA is to allow for the commencement of ROW Phase on this project. The original LFA for this project was executed for the Engineering Design Phase. Under this LFA the following R/W phases will be performed: 4B- OPS, 41- Support, 42- Consultants, 43- Land, 45- Relocation, 46- Utility Replacement. Also, five parcels {101, 102, 103 (Fee), and 701, 702 (TCE)} have been identified. Refer to Exhibit "A" of this Agreement for a detailed Scope of Services; 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.2004-015 adopted on 02-03 , 200, 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 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 assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. 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. 4. 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. 5. The total project cost is estimated to be SEVEN HUNDRED TWENTY ONE THOUSAND EIGHTY TWO DOLLARS ($721,082.00). The total PARTICIPANT'S share is estimated to be a payment of NINETY THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS ($90,135.00), 1 of 5 which is 12.5% of the project cost. In the event PARTICIPANT'S share of the project cost is more than the estimated NINETY THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS ($90,135.00), the PARTICIPANT will be obligated to pay the increased cost. If the PARTICIPANT'S share of the project cost is Tess than the estimated NINETY THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS ($90,135.00), the DEPARTMENT will refund the difference to the PARTICIPANT once the acquisition is completed and accepted by the DEPARTMENT. The PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement, furnish the DEPARTMENT with a check in the amount of NINETY THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS ($90,135.00) towards the Project Costs. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 230872-1- 4B/41/42/43/45-01. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 230872-1-4B141142143145- 01. The DEPARTMENT shall utilize this amount towards costs of Project No.: 230872-1- 4B/41/42/43/45-01. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit Attention: Leos A. Kennedy, Jr. 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 (A) Should project modifications occur that increases the PARTICIPANT's share of the total project costs, the PARTICIPANT will be notified by the DEPARTMENT accordingly. The PARTICIPANT agrees to provide, without delay, 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 estimated 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 below. Funds due from the PARTICIPANT during the project not paid within 40 (forty) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statues. (B) 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 the interest at a rate established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. 6. 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. 2 of 5 7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. 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. 9. 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 February 2, 2010, whichever occurs first. 10. 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. 11 To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees 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 the PARTICIPANT, its agents, contractors, subcontractors, consultant and/or employees, arising out of this contract or the work which is the subject hereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 12. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 13. 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 conceming 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. 14. 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: 3 of 5 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: Jean Hanna A second copy to: District General Counsel If to the PARTICIPANT: Indian River County 1840 25th Street Vero Beach, Florida 32960 Attn: Mr. Robert Keating With a copy to: Attomey *** [ THIS SPACE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. [If Local Government: Authorization has been given to enter into and execute this Agreement by Resolution No 2004-015 , hereto attached.] STATE OF FLORIDA Indian River County DEPARTMENT OF TRANSPORTATION BY: NAME: Carol i nP n (;inn TITLE: Chairman BCC APPROVED: February 3, 2004 ATT(ET:- CLERK (SEAL) BY: ROSIELYN DUIROZ DIRECTOR OF TRANSPORTATION SUPPORT APPROVED: (AS TO FORM) BY: DISTRICT GENERAL COUNSEL APPROVED: APPROVED: BY:� BY: Indian River County's ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR 5 of 5 EXHIBIT "A" SCOPE OF SERVICES PURPOSE Pursuant to F.S. 336.467 the PARTICIPANT has authority to contract with the DEPARTMENT of the purpose of allowing the DEPARTMENT to acquire rights of way for the PARTICIPANT. The PARTICIPANT has jurisdiction over 16`/17` Street, located in Indian River County. The DEPARTMENT and the PARTICIPANT mutually agree that it is in their best interests to undertake the reconstruction of 16`h/17t Street from 500 feet W. of 14th Avenue to US -1 in Indian River County. The PARTICIPANT has requested the DEPARTMENT to undertake the right of way acquisition for 16t/17t Street as described above, hereinafter called the reconstruction project. OBLIGATIONS OF THE PARTIES I. The DEPARTMENT will design the improvements for the reconstruction project. II. The DEPARTMENT will acquire, in the name of the DEPARTMENT, the necessary rights of way with respect to the reconstruction project for the PARTICIPANT. III. The DEPARTMENT will complete the project components to be accomplished through this Agreement which include in-house design services, all associated right of way phases (Financial Management No. 230872-1-4B/ 41/ 42/ 43/ 45-01) IV. Upon completion of the reconstruction project, the DEPARTMENT will convey acquired rights of way to the PARTICIPANT. V. Upon conveyance of the reconstruction project to the PARTICIPANT by the DEPARTMENT, the PARTICIPANT will be responsible for the maintenance and upkeep of the completed reconstruction project.