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HomeMy WebLinkAbout2026-006FM No: 405606-3-43-02 405606-3-45-02 FEID No: VF- 596-000-679-003 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this 13th , day of January 20 26 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County located at 1801 27th Street, Vero Beach, FL 32960 hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the PARTICIPANT is willing to provide the DEPARTMENT with financial assistance with right of way remediation services for the PARTICIPANT'S acquired parcels for roadway widening along CR -510/ 85' Street From West of 82nd Avenue To 5811 Avenue in Indian River County, Florida. (Financial Management (FM) Number 405606-3-43-02 and 405606-3-45-02, Funded in Fiscal Year 2025/2026); and WHEREAS, for the purpose of this Agreement, the right of way remediation services for the PARTCIPANT'S acquired parcels for the roadway widening along CR -510/ 85th Avenue to 58th Avenue, as set forth in Exhibit A, which is attached hereto and made a part hereof and hereinafter referred to as the "Project"; and WHEREAS, the Project is in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the PARTICIPANT to perform such activities; and WHEREAS, the PARTICIPANT by Resolution Item No. 003 dated the 13th day of Jam 20 2-6, a copy of which is attached hereto and made a part hereof, authorizes Director, or designee 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 information pertaining to the Project available to the DEPARTMENT at no cost to the DEPARTMENT. 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'S input in its decisions. 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. 003 , hereto attached. INDAIN RIVER COUNTY BY: NAME: TITLE: ATTEST: COUNTY CLERK (SEAL) APPROVED: BY: a al"v ?OtACOUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: JOHN P. KRANE, P.E. DIRECTOR OF TRANSPORTATION DEVELOPMENT LEGAL REVIEW: BY: Francine Steelman OFFICE OF THE GENERAL COUNSEL APPROVED: DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR EXHIBIT A SCOPE OF SERVICES FM# 405606 Remediation of Indian River County Acquired Parcels The DEPARTMENT shall perform Right of way remediations services for the properties that were acquired by Indian River County subsequent to the 2001 federalization date of the CR 510 project. This work is to remediate all the County acquired parcels that lie within the right of way limits of the project, bringing them into compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act). Any property owner who received less than just compensation would need to be located and an offer made to enable payment of the difference between the amount of recommended compensation and the actual purchase price. Relocation Assistance must be provided to former residents (owners and tenants) of the improved parcels that were acquired. This may include Replacement Housing Payments, Move Cost and Search Expenses. 0 EXHIBIT A TO SECOND AMENDMENT TO WATER, WASTEWATER AND RECLAIMED WATER FRANCHISE AGREEMENT Sketch and Legal Description for: INDIAN RIVER COUNTY Leaal Descriotion (Exhibit "A" BEING A PARCEL OF LAND LYING IN THE SOUTHWEST ONE QUARTER OF SECTION 34, TOWNSHIP 32 SOUTH, RANGE 38 EAST, AS DESCRIBED IN OFFICIAL RECORD BOOK 3571, PAGE 1296, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1612, PAGE 1824, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 361.50 FEET, OF THE SOUTH 491.50 FEET, OF THE EAST 361.50 FEET, OF THE WEST 461.50 FEET OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 34, TOWNSHIP 32 SOUTH, RANGE 38 EAST. CONTAINING 130,680 SQUARE FEET, (3.00 ACRES) MORE OR LESS Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY CARTER ASSOCIATES, INC., PROJECT NO. 01-580S, DATED AUGUST 15, 2001. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH OF DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY Legend and Abbreviations SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID I.R.F.W.C.D. = INDIAN RIVER FARMS SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND WATER CONTROL DISTRICT BELIEF. This is not a Boundary Survey AGENCY: INDIAN RIVER PUBLIC WORKS DEPT DATE: DRAWN BY: 11/03/2025 SCALE: APPROVED N/A SHEET: JOB NO: 1 OF 2 I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE DAVID M. SILON PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 6139 COUNTY, FL Sketch and Legal Description ENGINEERING DIV. for: BY: R. INGLETT INDIAN RIVER COUNTY D. SCHRYVER IRC -1911 (Exhibit "A") Sketch and Legal Description for: INDIAN RIVER COUNTY SOUTH 30.00' OF SECTION 33 PER DEED BOOK 32, PAGE 224 4 Section 34, Township 32 South, Range 38 East I,It M IZ O_ I~ U tom 100' ------ 100' ---------- 32-38-34-00000-1000-00001.0 HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP O.R.B. 1612, PAGE 1824 SOUTH 30.00' OF SECTION 34 PER o DEED BOOK 32, n i ; PAGE 224 i SOUTH LINE OF SECTION 34 AND RIGHT OF WAY LINE 3 W o t=3 � C: C3 J Q co 3Z I Q LZU� D' This is not a Boundary Survey AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 11/03/2025 R. INGLETT SCALE: APPROVED BY: N/A D. SCHRYVER SHEET: OB NO: 2 OF 2 IRC -3051 North Dike and Ditch — —RIGHT OF WAY LINE 26th Street 35' WIDE RIGHT OF WAY LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 1C Sketch and Legal Description for: INDIAN RIVER COUNTY (Exhibit "A") EXHIBITA "SERVICE AREA" 10/8/2025 5. The total cost for the Project referenced above is estimated to be FOUR HUNDRED SEVENTY ONE THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($471,600.00). In the event the actual cost of the right of way remediation services results in a decrease in the PARTICIPANT'S payment of FOUR HUNDRED SEVENTY ONE THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($471,600.00) the difference shall be refunded to the PARTICIPANT. In the event the actual cost of the right of way remediation services results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole responsibility of the PARTICIPANT and shall be paid by the DEPARTMENT. The funding the DEPARTMENT receives from the PARTICIPANT shall be allocated as follows: CR -510/ 85TH STREET FROM W OF 82ND AVE TO 58TH AVE FM# 4056063 Phase 42 Phase 43 Phase 45 (FY 25/26) (FY 25/26) (FY 25/26) (R/W Consultant) (R/W Land) (Land Purchase) (R/W Relocation) (Owner & Tenants) $180,000.00 $30,000.00 $261,600.00 TOTAL AMOUNT DUE FROM PARTICIPANT $471,600.00 A. The PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement, remit payment to the DEPARTMENT in the amount of FOUR HUNDRED SEVENTY ONE THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($471,600.00), If the PARTICIPANT'S payment is not timely 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. Remittance shall be made payable to the Florida Department of Transportation, Payment shall be clearly marked to indicate that it is to be applied to FM No. 405606-3-43-02 and 405606-3-45-02. The DEPARTMENT shall utilize this amount towards costs of Project No. 405606-3-43-02 and 405606-3-45-02. The PARTICIPANT shall 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 # 405606-3-43-02/40606-3-45-02 2 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. Once the wire transfer is complete, please contact Morgan Harris at Morgan. Harris(a)dot.state.fl.us. In addition to calling Ms. Harris, the PARTICIPANT shall send an email notification to D4-LFA@dot.state.fl.us stating the day and time the wire transfer was sent. 6. 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. 7. 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# 405606-3-43-02 & 405606-3-45-02) is completed as evidenced by the written acceptance of the DEPARTMENT. 8. 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. 9. 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. 10. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 11. 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. 3 12. 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: fiiii7-QAWT-Al :i9k121►Is Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Program Management Office Helen James, P.E. Program Administration Engineer With a copy to: Maria Formoso, P.E. A second copy to: Office of the General Counsel A third copy to: Christina Brown, Right of Way If to the PARTICIPANT: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: David Schryver, Acting Public Works Director Attn: Jennifer Shuler, County Attorney This space is intentionally left blank.