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Home My WebLink About2025-109Docusign Envelope ID: 200E2118-0363-455B-9E81-07A77B88B85C FM No: 445618-1-52-01 FEID No: VF -596-040-674-074 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this 29th day of May 20 25 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County (IRC) located at 1801 27th Street, Vero Beach, FI 32960 hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT provide financial assistance to the DEPARTMENT for work relating to the disposal cost associated with the use of old bridge material for artificial reef purposes. The project also enhances drainage systems and increases vertical clearance to improve resiliency, while adding shoulders and shared use paths to boost safety FM Number 445618-1-52-01, Funded in Fiscal Year 2026. The full scope of the improvements are outlined in Exhibit A "Scope of Services", which is hereby attached and incorporated into this Agreement and hereinafter referred to the "Project"; and WHEREAS, the PARTICIPANT has agreed to provide the DEPARTMENT with a Lump Sum financial contribution toward the Project; and WHEREAS, the Project is serves the interest of both parties and the parties agree that and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the PARTICIPANT by Resolution Item No. Z O `- -- 019 dated the 7-6 day of %A 2:�� 20 25— , a copy of which is attached hereto and made a part hereof as Exhibit B, authorizes the Director, or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from 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, Participant direction and Local laws, rules, regulations, guidelines and standards. In accordance with the USACE permits (SAJ-2016-02916, and SAJ-2004-04393 and updates as applicable) for the artificial reefing locations attached hereto and incorporated into this Agreement as Exhibit C, of this Agreement, the DEPARTMENT will ensure that all work on the Project complies with applicable Federal and State laws, Docusign Envelope ID: 200E2118-0363-455B-9E81-07A77B88B85C 3. The DEPARTMENT shall afford the PARTICIPANT and their Federal Partner the opportunity to participate in pre -construction and progress Meetings and to observe and/or inspect the work being funded under this Agreement. The Department shall also timely provide copies of all requested Contract Documents including but not limited to: Executed Contracts, Submittals, Requests for Information (RFIs), Value Engineering (VE) Proposals, Substitution Requests, Change Requests, Inspection Reports, Quality Assurance Reports, and Quality Control Reports. Additionally, the DEPARTMENT shall afford the PARTICIPANT the opportunity to review solicitations prior to posting by the DEPARTMENT for the purpose of ensuring that the Department's procurement documents comply with the applicable Federal labor standards including but not limited to 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying, and enacting without substantive change the provisions of the Davis -Bacon Act (formerly 40 USC 276 (a) et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 USC 327 et seq.), and the Copeland Anti -Kickback Act (formerly 40 USC 276(c). The DEPARTMENT shall afford the PARTICIPANT the opportunity to audit the payroll records received by DEPARTMENT to ensure that the payroll records are compliant. The Department shall provide copies of certified payroll records. 4. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the use of bridge demolition material being used for the County's Artificial Reef program available to the DEPARTMENT at no extra cost. 5. 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. 6. The total estimated cost of the Project is ONE HUNDRED -EIGHTEEN MILLION SIXTY- SEVEN THOUSAND SIX HUNDRED TWENTY-EIGHT DOLLARS AND NO CENTS ($118,067,628.00). The PARTICIPANT'S Lump Sum contribution of TWO HUNDRED NINETEEN THOUSAND AND NO CENTS ($219,000.00) shall be paid to the DEPARTMENT. In the event the Project is removed from the DEPARTMENT'S 5 -Year Work Program, prior to the start of construction activities and provided that no costs have been incurred by the DEPARTMENT in connection with the Project, the DEPARTMENT shall refund to the PARTICIPANT the full amount of the advance deposit made pursuant to this Agreement. (A) The PARTICIPANT agrees that it will furnish the DEPARTMENT with a wire transfer in the amount of TWO HUNDRED NINETEEN THOUSAND AND NO CENTS ($219,000.00) on or before July 25,2025 for the Project. 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 Number 44561815201. The DEPARTMENT shall utilize this amount towards costs of Project No. 445618-1- 52-01 Docusign Envelope ID: 200E2118-0363-455B-9E81-07A77B88B85C Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account # 4834783896 ABA # 121000248 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial project # 445618-1-52-01 In order for the DEPARTMENT 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. Once the wire transfer is complete, please contact Morgan Harris at 850-414-4861. In addition to calling Ms. Harris, the PARTICIPANT shall send an email notification to D4-IfaCa.dot.state.fl.us stating the day and time the wire transfer was sent. (B) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed here under within three hundred sixty (360) days of final payment to the Contractor(s). The DEPARTMENT considers the Project complete when the final payment has been made to the Contractor(s), not when the construction work is complete. The County's total lump sum contribution shall not exceed TWO HUNDRED NINETEEN THOUSAND AND NO CENTS ($219,000.00). All Project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years after final close out of the Project. The PARTICIPANT will be notified of the final cost. 7. 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. 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 (FM# 4456181-52-01) is completed as evidenced by the written acceptance of the DEPARTMENT. Docusign Envelope ID: 200E2118-0363-455B-9E81-07A77B88B85C 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. The PARTICIPANT / 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 PARTICIPANT / 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. 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 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. 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: The remainder of this page left intentionally blank. Docusign Envelope ID: 200E2118-0363-455B-9E81-07A77B88B85C If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Loren Hughes, Local Program Coordinator With a copy to: Binod Basnet, FDOT Project Manager A second copy to: Office of the General Counsel If to the PARTICIPANT: Indian River County 1801 27th Street Vero Beach, FI 32960 Attn: Eric Charest With a copy to: Attorney The remainder of this page left intentionally blank. Docusign Envelope ID: 200E2118-0363-455B-9E81-07A77B88B85C IN WITNESS WHEREOF, EOF, 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. 2025-019 , hereto attached. BOARD OF COUNTY COMMISSIONERS OF BOARD OF COUNTY. COMMISSIONERS OF STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION BY: ATTEST:. RYAN BUTLER, CLERK OF COURT(SEAL) APPROVED: iHN P. KRANE, P:E. RECTOR OF TRANSPORTATION LEGAL REVIEW: BY: ESigned by, f43DEIBSB3�3BWS4"O" FRANCINE STEELMAN OFFICE OF THE GENERAL COUNSEL APPROVED: Initial DocuSigned by: mit& ('6 MG BY: ami:4 BY: E' Nb -r57988QF6F41 JENER S g-'H-ULER, COUNTY ATTORNEY DISTRICT PROGRAM MGMT. MT. ADMINISTRATOR