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HomeMy WebLinkAbout2004-109 • • V• �- //__ /7Z- FM No : 230872 - 1 -32/41 /42/43 /45/46/4B -01 O FEID No : VF- 596-000-673 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS AGREEMENT , entered into this day of 200_ 0 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT , and INDIAN RIVER COUNTY, located at 1840 25`h 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 -32/41 /42/43/45/46/48 = 01 for 16`h/17th Street Intersection Expansion at US =1 in Indian River County, Florida . 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 - 046 adopted on 05 11 , 2004, 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 . 1 of 5 5 . The total cost of the project for acquiring additional right-of-way and intersection expansion design is estimated to be SEVEN HUNDRED THIRTY SIX THOUSAND TWO HUNDRED SIXTY EIGHT DOLLARS ($ 736 ,268 . 00 ) . The PARTICIPANT' S share shall be SEVEN HUNDRED THIRTY SIX THOUSAND TWO HUNDRED SIXTY EIGHT DOLLARS ( $ 736 ,268 . 00) payable in a lump sum amount . In the event that the actual cost of the project is less that the PARTICIPANT ' S share as stated above , there will be no refund of the difference and the excess will be applied to other phases of the project. However, in the event that the actual cost of the project is more than the PARTICIPANT'S share as stated above , the PARTICIPANT will compensate the DEPARTMENT for the overrun in costs . 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 SEVEN HUNDRED THIRTY SIX THOUSAND TWO HUNDRED SIXTY EIGHT DOLLARS ( $ 736 ,268 . 00 ) towards the Project Cost . 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 -32/41 /42/43/45/46/4B-01 . The DEPARTMENT shall utilize this deposit for payment of the cost project 230872 -1 -32/41 /42/43/45/46/4B -01 . Payment shall be mailed to : Department of Transportation Professional Services Unit- Attention : Leos A . Kennedy, Jr. 3400 W . Commercial Boulevard Fort Lauderdale , Florida 33309-3421 (A) If the accepted bid amount plus allowance is in excess of the advance deposit amount , the PARTICIPANT will provide an additional deposit within 14 (fourteen ) calendar day of notification from the DEPARTMENT or prior to posting of the accepted bid , whichever is earlier, so that the total deposit is equal to the bid amount plus allowances . The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent the accepted bid amount plus allowances is in excess of the advance deposit 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 . If the PARTICIPANT cannot provide the additional deposit within 14 (fourteen ) days , a letter must be submitted to and approved by the DEPARTMENT'S project manager indicating when the deposit will be made . The PARTICIPANT understands the request and approval of the addition time could delay the project, and additional cost may be incurred due to a delay of the project . 2of5 (B) Should project modifications or changes to bid items occur that increase the PARTICIPANT ' S share of total project costs , the PARTICIPANT will be notified by the DEPARTMENT accordingly. The PARTICIPANT agrees to provide , without delay, in advance of the additional work being performed , 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 award 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 . 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. 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 . 7 . Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identifythe 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 solicitor 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 PARTICIP-ANT . 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 3 of 5 o s PARTICIPANT , its agents , contractors , subcontractors , consultants , 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 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 : 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 , M . S . C . E . , E . I . A second copy to : District General Counsel If to the PARTICIPANT: Aradian River County 1840 25`h Street Vero Beach , Florida 32960 Attn : Mr. Robert Keating With a copy to : Attorney [ THIS SPACE INTENTIONALLY LEFT BLANK ] 4 of 5 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 - 049 hereto attached . ] INDIAN RIVER COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY : �-,-✓ BY: NAME : ROSIELYN QUIROZ TITLE : rha i rman DIRECTOR OF TRANSPORTATION SUPPORT A T : APPROVED : (AS TO FORM ) BY: 7* OUNTY CLERK (S L ) DISTRICT GENERAL COUNSEL APPROVED : APPROVED : BY : & X COUNTY ATTORNEY BY. PROFESSIONAL SERVICES ADMINISTRATOR 5 of 5 EXHIBIT 66A " SCOPE OF WOE{ The additional work proposes modifying existing design 1 - 52 - 01 to include intersection improvements at the xist existing 17`h for Financial Road U. S ? 1 intersection . The new improvements include the construction of a dual left turn lanes in the eastbound and westbound directions from 17`h Street on to SR 5/ US 1 as requested by Indian River County. The project limits will be extended east to approximately 750 feet east of the SR 5 (US 1 ) intersection . Due to the nature of the improvements, additional right-of-way will be required . Right-of-way maps and legal descriptions will be prepared for additional new right-of- way requirements . Roadway plans will be modified to show the additional work required (widening, milling and resurfacing) along with revisions to the component sets of Signing and Pavement Marking plans , Signalization, Landscaping and Lighting plans .