HomeMy WebLinkAbout2023-037FM No: 405606-7-52-01
FEID No: VF -596-000-674
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS Locally Funded Agreement ("Agreement"), entered into this day of
20 , by and between the State of Florida Department of Transportation hereinafter
called the DEPARTMENT, and the Indian River County, located at 1801 27th Street, Vero Beach, Florida
32960, hereinafter called the COUNTY.
WITNESSETH
WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY provide financial
assistance for improvements in connection with the DEPARTMENT'S construction work along CR -510
from CR -512 to 87th Street in Indian River County, Florida. (Financial Management (FM) Number 405606-
7-52-01, Funded in Fiscal Year 2024/2025); and
WHEREAS, the COUNTY has requested that the DEPARTMENT perform the following additional work
(FM Number 405606-7-52-01, Funded in Fiscal Year 2024/2025): Painting of the mast arm assemblies
and the construction (installation) of a 6 -inch fiber -mesh reinforced sidewalk, as set forth in Exhibit A
attached hereto and made a part hereof and hereinafter referred to as the Project; and
WHEREAS, the improvements are in the interest of both the COUNTY and the DEPARTMENT and it
would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities;
and
WHEREAS, the COUNTY by Resolution No. 2023-007 adopted on February
7 , 20 23 , 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 COUNTY 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 total cost for the DEPARTMENT'S construction work and the Project is estimated to be
SIXTEEN MILLION TWO HUNDRED FIFTY SIX THOUSAND EIGHT HUNDRED FIFTY
DOLLARS AND NO CENTS ($16,256,850.00). The COUNTY'S share for the Project is a one-
time lump sum payment of THREE HUNDRED THIRTY SEVEN THOUSAND EIGHT
HUNDRED FIFTY SEVEN DOLLARS AND NO CENTS ($337,857.00), which sum shall be
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paid to the DEPARTMENT. The COUNTY'S payment is non-refundable. In the event the
actual cost of the Project is less than the COUNTY'S payment, the difference shall be retained
by the DEPARTMENT to cover costs associated with the DEPARTMENT'S construction
work. In the event the actual cost of the Project, without modifications, results in a sum
greater than that paid by the COUNTY, then any additional cost shall be the sole
responsibility of the DEPARTMENT.
A. The COUNTY agrees that it will, within thirty (30) days of execution of this
Agreement, furnish the DEPARTMENT with a check in the amount of THREE
HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED FIFTY SEVEN
DOLLARS AND NO CENTS ($337,857.00), to be used for the estimated Project
cost for locally funded project number 405606-7-52-01. The Department may utilize
this contribution for payment of the costs of the Project.
In the event payment is not received by the DEPARTMENT within thirty (30) days
of execution of this Agreement, the DEPARTMENT reserves the right to terminate
this Agreement and remove the Project from the DEPARTMENT'S Work Program
and not construct the sidewalk and/or paint the mast arms.
Remittance shall be made payable to the Department of Florida Department of
Transportation. Payment shall be clearly marked to indicate that it is to be applied
to FM No. 405606-7-52-01. The DEPARTMENT shall utilize this amount towards
costs of Project No. 405606-7-52-01.
Payment shall be mailed to:
Florida Department of Transportation
Office of Comptroller
General Accounting Office, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, Florida 32399
In lieu of mailing payment to the DEPARTMENT, the COUNTY may also submit
the payment for the Project via wire transfer.
Wire transfer/Payments are to be made to:
Wells Fargo Bank, N.A.
Account # 4834783896
ABA # 121000248
State of Florida Department of Financial Services
Bureau of Collateral Management
Re: DOT — K 11-78, Financial project # 405606-7-52-01.
In order for FDOT to receive credit for the funds due to the Department, the
reference line must contain "FDOT" and an abbreviated purpose, financial
project number or LFA account number.
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Once the wire transfer is complete, the COUNTY will contact Ms. Jennifer Bennett at
850-414-4861. In addition to calling Ms. Bennett, the COUNTY shall send an email
notification to d4-LFA@dot.state.fl.us stating the day and time the wire transfer was
sent.
5. Upon completion of the Project, the COUNTY will comply with the provisions set forth in
the District Four Highway Maintenance Memorandum of Agreement (HMMOA) which is
attached hereto and made a part hereof as Exhibit B. The COUNTY shall agree to
maintain the Project in accordance with the terms of the Exhibit B. The terms of this
paragraph shall survive the termination of this Agreement.
6. In the event it becomes necessary for either party 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. Venue with respect to any such litigation shall be in Broward County.
7. This Agreement and any interest herein shall not be assigned, transferred or otherwise
encumbered by the COUNTY 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 COUNTY and the DEPARTMENT until the Project (FM# 405606-7-
52-01) is completed as evidenced by the written acceptance of the DEPARTMENT.
9. The COUNTY warrants that it has not employed or obtained any company or person, other
than bona fide employees of the COUNTY, 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 COUNTY. For breach or violation of this provision, the
DEPARTMENT shall have the right to terminate the Agreement without liability.
10. The COUNTY / Vendor/ Contractor:
(A) shall utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the COUNTY/
Vendor/Contractor during the term of the contract; and
(B) shall expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E -Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract term.
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.
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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: Mario Formoso, P.E.
A second copy to: Office of the General Counsel
If to the COUNTY:
Indian River County
1801 27th Street
Vero Beach, Florida 32960
Attn: Rich Szpyrka
Federal Employer ID No.: F-596-000-674
This is space is intentionally left blank
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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. 2023-007 , hereto attached.
INDIAN RIVER COUNTY STATE OF FLORIDA
BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF TRANSPORTATION
COht��'s�o
�!!� u
BY: Bk
NAME: ph H. rman $EVEN C. BRAUN, P.E.
TITLE: Chairman ' •.� , ` . 'f ECTOR OF TRANSPORTATION DEVELOPMENT
ATTEST:
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
Deputy Clerk
COUNTY CLERK (SEAL)
APPROVED:
BY:.
COUNTY ATTORNEY
LEGAL REVIEW:
BY:
OFFICE OF THE GENERAL COUNSEL
APPROVED:
W
DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR
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EXHIBIT A
SCOPE OF SERVICES
FM# 405606-7-52-01
The DEPARTMENT shall construct, on behalf of the COUNTY, the following
improvements:
Construction of a 6 -inch fiber -mesh reinforced concrete sidewalk and the painting of eight
(8) existing steel mast arms assemblies.
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SECTION No.: 88050000
FM No.: 405606-7-52-01
AGENCY: Indian River CO.
C.R. No.: 510
DISTRICT FOUR
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, entered into this day of 20_, by and bet e
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the Staub orida,
hereinafter called the DEPARTMENT and INDIAN RIVER COUNTY, a political subdivisionQi` tate of
Florida, or a municipal corporation existing under the Laws of Florida, hereinafter c I d e AGENCY
collectively referred to as Parties.
WITNESSETH:
WHEREAS, the AGENCY has jurisdiction over COUNTY ROAD 5Street), as part of the
COUNTY roadway system from CR 512 to 87`h Street; and
WHEREAS, pursuant to Sections 339.07, 339.08 .12, Florida Statutes and Federal funding
provisions the DEPARTMENT is authorized to undertake Qrojects within the AGENCY's geographical
limits and the AGENCY agrees to have this improdrit constructed; and
WHEREAS, in accordance with ii , U.S. Code, Section 116 and Federal Highway
Administration regulations issued uj'nt thereto, there must be an agreement with the AGENCY to
maintain theandect• j
ro
P � �.
WHEREAS, puri to such authority, the DEPARTMENT and the AGENCY agrees to have the
DEPARTMENT cons certain improvements more particularly described as Financial Project ID
405606-7-52- 1,ch involves widening CR 510 from two lanes to four lanes; hereinafter referred to as
the "Prot more particularly described in Exhibit A; and
WHEREAS, the DEPARTMENT may not spend state funds for off -system projects; and
WHEREAS, upon acquisition of the necessary right-of-way, if needed, the DEPARTMENT will
proceed to construct the Project; and
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WHEREAS, the Parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution on the day of , 20__, a copy
of which is attached hereto as Exhibit B and by this reference made a part hereof, desires to enter into
this Agreement and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the �e
Parties covenant and agree as follows: ��
1. The recitals set forth above are true and correct and are deemed incoroorAA-Werein.
2. The DEPARTMENT has undertaken and obtained the approval of FedN)Participation for the
Project. The AGENCY is responsible for additional Project costs Od�ined to be Federal Aid
Non -Participating. ��
3. The AGENCY shall allow the DEPARTMENT and its co c&srs to enter onto the existing AGENCY
property. No further permit or agreement froency shall be required to construct this
Project.
4.The AGENCY shall continue to maintain t e- e -Sting roadway and any property owned by the
AGENCY until the DEPARTMENT be bfistruction of the Project. The AGENCY shall continue
to be responsible for mowing an li removal during the duration of the Project.
5. Upon "final acceptance" i� DEPARTMENT of the Project, (as "final acceptance" is described
in the Standard Speci s for Roadway and Bridge Construction dated 2022, as amended),
and Notice there t e AGENCY, the AGENCY shall maintain the Project, at its own cost, in
accordance wi ollowing Federally and State accepted standards: (a) FDOT Design Manual
(FDM), cur a ition (b) Florida Green Book dated 2018, as amended (c) Governing standards
and spe .. ions: FDOT Design Standards dated FY 2022-2023, as amended (d) Standard
Spe�ti ns for Roadway and Bridge Construction dated 2022, as amended by contract
nts, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as
nded. Maintenance of said Project includes maintaining but is not limited to, drainage pond,
exible pavement, signing and pavement markings, signalization equipment, sidewalks,
<� intersection pedestrian lighting, drainage structures, handrails, the Indian River County North
County Transit Hub (inclusive of fencing, gates, sidewalk, pavement, sodding, signing & marking,
curb, and pond), and miscellaneous walls.
a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and
construct the Project.
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b. The DEPARTMENT shall give the AGENCY seven (7) days' notice before final inspection.
The AGENCY will have the opportunity to inspect and identify corrections to the
PROJECT within seven (7) days' notice and the DEPARTMENT agrees to undertake those
corrections prior to final acceptance so long as the corrections comply with the Final
Proposed Construction plans and specification previously approved by both the
DEPARTMENT and the AGENCY.
6. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGO
7. Environmental permitting: If requested by the DEPARTMENT, the AGENCY Il ign as a joint
applicant and be responsible for the permits related to the Project. Fur e AGENCY shall be
solely responsible for ensuring that the Project remains in complianciewi all permits after the
construction is complete and the right of way is transferred tot G CY. To the extent
permitted by law, the AGENCY shall indemnify the DEPARTMPPAG�ENCY
ny violations by the
AGENCY of any permits issued to the Department or jointlPand the
DEPARTMENT after construction is complete. The AGE shall execute all documentation
required by the permitting agencies in a timely ma accept transfer of the Project. The
AGENCY shall be the applicant for all occupancy p i s that are required for the Project.
8. Utilities: The AGENCY shall cooperate wi4e'DEPARTMENT, to the extent necessary, to
accomplish utility relocations for this . t. This shall include, but not be limited to, entering
into utility subordination agreem i h the affected utility owners, thereby assuming liability
for future utility relocations w i e AGENCY right of way and proposed right of way. At its
own expense, the AGENCY I omply with any and all requests of the DEPARTMENT to
provide written notice y owners to initiate work necessary to alleviate interference; to
remove or relocate�mpliant utilities; and to place liens upon non-compliant utility owners
within the AGEt of way, as defined in Florida Statues 337.403 and 337.404. The
AGENCY shalk)e ' le and reimburse the DEPARTMENT for any cost incurred by the
DEPART07%r the AGENCY's failure to timely comply with said request.
��GENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including
� connections with utility customers.
0S.11
gnals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect
connections for the Project.
10. The DEPARTMENT and the AGENCY shall keep the commitments established in the PD&E study,
Preliminary Engineering Report and as amended by approved re-evaluations.
11. Drainage: Includes drainage system along CR 510, a new combined drainage pond with bus hub
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located east of CR 510 immediately north of the Sebastian River High School, an existing pond
located on the south side of CR 512 between CR 510 and Sebastian River Lane, and an existing
pond located adjacent to and on the west side of CR 510 between 89`h Street and 87th Street.
The proposed design will maintain existing drainage patterns with modifications to some
drainage structures necessitated by widening of the roadway. A drainage pond north of the
Sebastian River High school and the existing drainage pond between 89th Street and 87`h Street
will treat the CR 510 drainage. The existing pond on CR 512 between CR 510 and Sebastian Iyer
Lane will treat water from CR 510 and intersection improvements at CR 512. A new bo
will be installed across CR 510 to replace the existing box culvert at 89th Street.
12. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooper ?SkOh the
DEPARTMENT to the extent necessary to construct the Project. This shall but not be
limited to the execution of documents; allowing the DEPARM ENT and r
contractors/consultants to enter upon the real property owned, lea ossessed and/or
controlled by the AGENCY upon which the Project is to be constOrlWd or any property adjacent
thereto. 4� y
13. E -Verify requirements: The AGENCY:
• shall utilize the U.S. Department of Homcurity's E -Verify system to verify the
employment eligibility of all new employee ired by the AGENCY during the term of the
contract; and A-
• shall expressly require any co actdts performing work or providing services pursuant
to the state contract to lik ' ilize the U.S. Department of Homeland Security's E -
Verify system to verify th e loyment eligibility of all new employees hired by the
contractor during tntract term.
14. This document incor and includes all prior negotiations, correspondence, conversations,
agreements, or u r ndings as represented in the Final Proposed Construction plans.
Accordingly, it ed that no deviation from the terms hereof shall be predicated upon any
prior repreI t on or agreements whether oral or written.
15. The.� MENT will provide the AGENCY with as-builts as a part of the final acceptance
c
additional Insured: The DEPARTMENT shall include the following paragraph as part of Section 7-
13.2 of the Standard Specifications for Road and Bridge Construction, Division 1, General
Requirements and Covenants (January 2022), as amended, applicable to this Project:
"Cause Indian River County to be an additional insured party on the Contractor's Public Liability
and Property Damages Liability Insurance policies that insure the Contractor for the described
work that it performs under the Contract."
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17. This Agreement shall be governed, interpreted and construed according to the laws of the State
of Florida.
18. LIST OF EXHIBITS
• Exhibit A: Project Scope
• Exhibit B: AGENCY's Resolution
[This space intentionally left blank.]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year provided
below.
ATTEST:
JEFFREY R. SMITH
AGENCY
INDIAN RIVER COUNTY, through its �O
BOARD OF COUNTY COMMISSIONERS
By:
4011,
day of -'20
Approved as to(m y Office of County Attorney
O
B:
Y
•
Ak 0
TM
OSTATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Transportation Development Director
day of
Approval :
Office of the General Counsel
20
(Date)
SECTION No.: 88050000
FM No.: 405606-7-52-01
AGENCY: Indian River CO.
C.R. No.: 510
EXHIBIT A
PROJECT SCOPE
All of the improvements are to be completed by the DEPARTMENT within tI,
from CR 512 to 87" Street; and CR 512, from Sebastian Crossing Boulevard 1
right-of-way and/or all acquired property interests to be acquired by the DE
O�.
CR 510,
n e,
AGENCY.
Typical Section
• CR 510 from CR 512 to 87th Street
o Four (4) 11 -foot wide travel lanes (two in each dire ith seven (7) -foot buffered
bicycle lanes
o Raised median of variable width (minimum 2 ide)
0 5- to 6 -foot wide sidewalks along both sid adway with ADA compliant pedestrian
ramps
Signing and Pavement Markings Ak ••••
• Includes signing and pavement marki i hin the project limits.
Signalization O
• Includes signals on CR 510 a intersections of CR 512, Mako Way; Hammerhead Way, and
87th Street. Interconnect fr�512 to 87th Street.
Drainage 7
• Includes draina m along CR 510 and CR 5
of Sebastian i gh School and use of two e
and Sebas ' ver Lane, and on CR 510 betwe
across C at 89th Street to replace the exist
Permits 1�
• 5� DEPARTMENT will acquire the following pe
ACE/FDEP.
Lighting
• Includes lighting at the signalized intersections.
Miscellaneous
• Retaining walls with handrail along back of sidewalk or other areas along the right of way of CR
510.
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12 with a new drainage pond immediately north
xisting drainage ponds: CR 512 between CR 510
en 89th Street and 87th Street. A new box culvert
ing culvert.
rmits in the AGENCY's name: SJRWMD, SRID and
Miscellaneous
• Retaining walls with handrail along back of sidewalk or other areas along the right of way of CR
510.
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Transit
• A new bus hub (Indian River County North County Transit Hub) to utilize the berm tops of the
proposed pond immediately north of the Sebastian River High School.
FXHIBIT B
AGENCY's Resolution
SECTION No.: 88050000
FM No.: 405606-7-52-01
AGENCY: Indian River CO.
C.R. No.: 510
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