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HomeMy WebLinkAbout2015-1037 7 c? d Financial Project No.: 431759-1-4B/42/43/45-01 COUNTY: INDIAN RIVER b cZ) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a© l 5 - f b 3 COUNTY INCENTIVE GRANT PROGRAM LOCALLY FUNDED AGREEMENT THIS County Incentive Grant Program Agreement ("Agreement"), entered into this q"" day of ::J , 20 1 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and INDIAN RIVER COUNTY, hereinafter referred to as the "COUNTY." WITNES SETH WHEREAS, the DEPARTMENT has the authority, under F.S. §334.044, to enter into this Agreement; and WHEREAS, the County Incentive Grant Program has been created by Fla. Stat. §339.2817 to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of F.S. §339.2817; and WHEREAS, the COUNTY is willing to provide the DEPARTMENT with financial assistance under Financial Management (FM) 431759-1-4B/42/43/45-01 for the Right of Way Appraisal, Consultant, Acquisition, and Relocation Services of various parcels for the construction of intersection improvements at SR -60 and 43rd Avenue. Refer to Exhibit A, Scope of Services attached hereto and make a part hereof; and WHEREAS, the purpose of this Agreement, the right of way Appraisal, Consultant, Acquisition, and Relocation services for intersection improvements at SR -60 and 43rd Avenue is hereinafter referred to as the "Project"; and WHEREAS, the COUNTY by Resolution No.: (20 5 - D(-1-1 on the / 9 day of 21 fly , 20 15 a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. SERVICES AND PERFORMANCE A) The Project consists of right of way appraisal, consultant, acquisition and relocation services at the intersection of SR -60 and 43rd Avenue. Page 1 B) The DEPARTMENT agrees to undertake the Project in accordance with all applicable federal, state and local statutes, rules, regulations, and standards. C) 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. D) 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 COUNTY input in its decisions. E) The COUNTY will be entitled at all times to be advised, at its request, as to the status of work being done by the DEPARTMENT and the details thereof. Either party to the Agreement may request and be granted a conference. F) All tracings, plans, specifications, maps, and/or reports prepared or obtained under this Agreement shall become the property of the DEPARTMENT without restriction or limitation on their use. G) All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Florida Department of Transportation Indian River County 3400 West Commercial Blvd. Public Works Department Fort Lauderdale, FL 33309-3421 1801 27th Street Attn: Donovan Pessoa Vero Beach, FL 32960 With a copy to: Van Neilly Attn: Christopher Mora With a 2nd copy to: General Counsel 3. TERM A) Except as otherwise set forth herein, the term of this Agreement commences upon its execution by both parties and shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30, 2018, whichever occurs first. B) This Agreement shall not be renewed. Any time extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions as set forth in this Agreement and contingent upon the DEPARTMENT'S Director of Transportation Development or Designee's approval. Page 2 4. COMPENSATION AND PAYMENT A) The COUNTY and the DEPARTMENT agree to share the cost of the Project as previously described above. The COUNTY agrees to provide one-half (1/2) of the cost for Project expenditures and the Department agrees to provide the other one-half (1/2) pursuant to F.S. §339.2817 B) The estimated total cost as set forth in the DEPARTMENT's adopted work program for this Project is EIGHT MILLION EIGHT HUNDRED NINE THOUSAND TWO HUNDRED FIFTY FOUR DOLLARS AND NO CENTS ($8,809,254.00). The COUNTY's estimated share for the Project is FOUR MILLION FOUR HUNDRED FOUR THOUSAND SIX HUNDRED TWENTY SEVEN DOLLARS AND NO CENTS ($4,404,627.00), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project is less than the funds provided, the difference shall be refunded to the COUNTY. 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 COUNTY. The COUNTY will submit the funding for the Project in three payments. The COUNTY agrees that it will, no later than October 31, 2015, furnish the DEPARTMENT with a check for the funding required for Fiscal Year 2015/2016 in the amount of TWO MILLION ONE HUNDRED ELEVEN THOUSAND NINE HUNDRED SEVEN DOLLARS ($2,111,907.00). The second payment, which is the required funding for Fiscal Year 2016/2017, in the amount of ONE MILLION TWO HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED TWENTY THREE DOLLARS ($1,271,523.00) is due no later than October 31, 2016. The third payment, which is the remaining funding required for Fiscal Year 2017/2018, in the amount of ONE MILLION TWENTY ONE THOUSAND ONE HUNDRED NINETY SEVEN DOLLARS ($1,021,197.00) is due no later than October 31, 2017. In the event the first payment is not received by the DEPARTMENT by October 31, 2015, the Agreement may be terminated and the right of way acquisition halted. Existing and future phases of the Project will also be halted and cancelled. Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 431759-1-4B/42/43/45-01. The DEPARTMENT shall utilize this amount towards costs of project 431759-1-4B/42/43/45-01. Page 3 se No. The funding breakdown is as follows: Fiscal Year Count 's Share Department's Share 4B 2014/2015 2015/2016 $0.00 $507,961.00 $507,961.00 $240,164.00 43 2016/2017 $159,807.00 $0.00 2017/2018 $80,357.00 $0.00 SUBTOTAL $748,125.00 $748,125.00 42 2014/2015 2015/2016 $0.00 $646,446.00 $646,446.00 $0.00 43 2016/2017 $167,621.00 $167,621.00 2017/2018 $0.00 $0.00 SUBTOTAL $814,067.00 $814,067.00 SUBTOTAL $2,737,435.00 45 2014/2015 $0.00 $0.00 43 2015/2016 $916,500.00 $916,500.00 2016/2017 $916,500.00 $916,500.00 2017/2018 $904,435.00 $904,435.00 SUBTOTAL $2,737,435.00 45 2014/2015 2015/2016 $0.00 $41,000.00 2016/2017 $27,595.00 2017/2018 $36,405.00 SUBTOTAL $105,000.00 $2,737,435.00 $0.00 $41,000.00 $27,595.00 $36,405.00 $105,000.00 TOTAL AMOUNT $4,404,627.00 $4,404,627.00 C) The DEPARTMENT'S obligation to pay any sum pursuant to this Agreement is contingent upon an annual appropriation by the Florida Legislature. Page 4 D) In the event Project modifications increase or exceed the estimated amount of the Project authorized in paragraph 4(B), the DEPARTMENT and the COUNTY shall meet and attempt to mutually agree to the amount and distribution of the additional funding needed to fund the completion of the Project. Any funding increase as a result of modifications to the Project shall be added by means of an amendment to the Agreement to be signed by both parties before work is undertaken. However, in the event the COUNTY and the DEPARTMENT fail to negotiate an amendment for any reason whatsoever, the Project shall not include such modifications. E) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the Consultant. The DEPARTMENT considers the Project complete when the final payment has been made to the Consultant, not when the right of way acquisition is complete. All Project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final close out of the Project. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting of Project costs, pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY. If the final accounting is not performed within three hundred sixty (360) days, the COUNTY is not relieved from its obligation to pay. F) In the event the final accounting of 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 COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. G) The payment of funds under this Agreement will be made directly to the Department of Financial Services, Division of Treasury for deposit as provided in the attached Three Party Escrow Agreement between the COUNTY, the DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury, a copy of which is attached hereto and made a part hereof as Exhibit B. H) Should the DEPARTMENT and the COUNTY 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, and/or a new Agreement will be procured and executed. 5. MISCELLANEOUS A) Upon completion of the construction of intersection improvements, the DEPARTMENT will convey title to these parcels to the COUNTY. However, if the DEPARTMENT acquires any parcels adjacent to SR -60, the DEPARTMENT will retain those parcels for use in connection with the State Highway System. Page 5 B) 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. C) The DEPARTMENT will comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. D) The COUNTY / Vendor/ Contractor: (1) 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 (2) 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. E) No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. F) This Agreement is governed by and construed in accordance with the laws of the State of Florida. Venue with respect to judicial proceedings arising out of this Agreement shall be in Broward County, Florida. G) 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. Page 6 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this 19 day of ry V , 2.015 , by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number 20 X5.669 of the Board on the 19 day of M A V , ) 6 ) 5 , and the DEPARTMENT has executed this Agreement through its District Director of Transportation Development for District -1 , Florida Department of Transportation, this q14' day of 5L►..P, , 2.b16 . ATTEST: INDIAN RIVER COUNTY, FLORIDA CLERK OF COURT BY: WESLEY S. DAVIS CHAIRMAN, BOARD OF COUNTY COMMISSI APPROVED AS TO FORM AND CORRECTNESS: ATTEST: EXECUT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION vQtt.(SEAL) SECRETARY NAME: tivCOk \c(1?6�Ci_n Availability of Funds Approval: 4 ate) C.) .ftp ii cf3,:147/. .0 z: !iz _• • . utiry ............ BY: �l;t� STACY L. yII ER, P.E \ DIRECTOR OF TRANSPORTAT DEVELOPMENT DISTRICT '4 LEGAL REVIEW: Page. 7 Exhibit A Scope of Work FM# 431759-1-4B/42/43/45-01 The DEPARTMENT shall acquire parcels, as depicted in Figures 1 through 6, located on SR -60 and 43rd Avenue in Indian River County in accordance with the terms of this Agreement. The parcels to be acquired are for the Construction of SR -60 and 43rd intersection improvements. Parcels and types, depicted in Figure 1 through 6, are subject to change. Also, additional parcels may be added. 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LYNN ALOE z N 8_ __ _ _ 6 _ o'in E � D DETAIL SHEET Ko s4 vi t ss� 5,07 EXHIBIT B THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), INDIAN RIVER COUNTY ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. \\. \ • WHEREAS, FDOT and Participant are engaged in the following project ("P3t�): t" nd Relocation Project Name: Right of Way Appraisal, Consultant, Acquisitj Services S � Project #: 431759 -1 -4B/42/43/45 -014"Y) County: Indian River County „y scrow account for the project. WHEREAS, FDOT and Participant desire to establi NOW THEREFORE, in consideration of the ses and the covenants contained herein, the parties agree to the following: • 1. An initial deposit will be m deco an interest bearing escrow account established hereunder for the purp the Project. The escrow account will be opened with the EscrowA cepbehalf of FDOT upon Escrow Agent's receipt and execution of thisement. 2. Other de p to the escrow account may be made during the life of this agree 3. is will be delivered in accordance with instructions provided by the Escrow ent to the FDOT for deposit into the escrow account. A wire transfer or ACH \deposit is the preferred method of payment and should be used whenever possible. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT' s Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of Page 15 (s. return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Partik'tpnt upon request. 8. The Escrow Agent further agrees to provide quarterly reports to F i : _ oncerning the escrow account. FDOT agrees to provide a copy of suclyq► v erly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of�rjl ment or for any act done or omitted by it in good faith, or for anything it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability f ar y claim, cost, expense, damage or loss due to the acts or omissions of FIi' and Participant, nor from any separate agreements between FDOT ar d Participant and shall have no responsibility to monitor or enforce any ressibilities herein or in any separate agreements associated with this Agrbetween FDOT and Participant. 11. This Agreement slekbe governed by and interpreted in accordance with the laws of the State of • 12. This At may be executed in two or more counterparts, each of which shall be de.. ���,• an original, but all of which together shall constitute one and the same ent. �y 13 This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. Page 16 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT (signature) For PARTICIPANT (signature) Name and Title Name 59-3024028 Wesley S. Davis Chairma .4• tio Federal Employer I.D. Number Title For Escrow Agent (signature) Name and Title /4\ Date 1y� • •. Page 17 G F-596-000 - 6 '•:. Date Federal y erI I.D. Number 0 I�e