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HomeMy WebLinkAbout2004-057 ( ..l'Y' r Ms. . g � , FM No : 405606=141 /22=01 � Federal Project ID : 984-003 -5 Vendor No : F 59-6000673026 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION J AND INDIAN RIVER COUNTY LOCALLY FUNDED AGREEMENT THIS AGREEMENT, entered into this day of 2004 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County, State of Florida , located at 1840 25th Street, Vero Beach , Florida 32960 , hereinafter called the PARTICIPANT . WITNESSETH WHEREAS , the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make a certain Project Development and Environment (PD&E ) Study in connection with State FM Number 405606- 1 -21 /22 -01 along CR510 (Wabasso Road ) from CR512 To Indian River Bridge (#880052 ) in Indian River County, Florida ; and , WHEREAS , the PARTICIPANT and DEPARTMENT agree to share the cost of this study; 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 . M. adopted on March 16 , 2004 , a copy of which is attached hereto and made a part hereof, authorizes the PARTICIPANT 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 the procurement of the Consultant Services for the Preliminary Engineering and Environmental Studies limits and shall direct the management of the project. 3 . The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration ( FHWA) and DEPARTMENT standards . 4 . 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 to the DEPARTMENT . 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 PARTICIPANT input in its decisions . 1 6 . The PARTICIPANT and the DEPARTMENT agree to share the cost of this project 405606- 1 -21 /22- P 01 , The PARTICIPANT agrees to provide one-half ( 1 /2 ) non federal funds required to match the federal share of the project and the Department agrees to provide the other one half of the non- federal funds required to match the federal share . 7 . The share of the Participant shall be , at a minimum , the stated percentage of the actual costs of the project; provided , however, that in the event the Federal Government fails to provide which is equal to the anticipated federal share , the participant shall be responsible for one-half ( 1 /2 ) of at the funds required to make up the an amount which is equal to the anticipated federal share , the participant shall be responsible for one-half ( 1 /2 ) of the funds required to make up the shortfall , including one-half ( 1 /2 ) of the cost overruns and/or supplemental agreements not paid by federal funds . The Department shall be responsible for the remaining one-half ( 1 /2) of any federal funding shortfall and one-half ( 1 /2 ) of the cost overruns and/or supplemental agreements not paid by federal funds . 8 . The estimated total costs as set forth in the DEPARTMENT' S Adopted work program for this Project is ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($ 19500 .000 . 00) The estimated Participant share for one-half ( 1 /2 ) the non -federal portion of the project is TWO HUNDRED SIX THOUSAND TWO HUNDRED FIFTY DOLLARS ($206,250 . 00) 9 . The Participant agrees that it will , furnish the DEPARTMENT the amount of TWO HUNDRED SIX THOUSAND TWO HUNDRED FIFTY DOLLARS ($206 ,250 . 00) within 30 calendar days of the DEPARTMENT' S execution of this AGREEMENT. 10 . The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit, and mailed to : Florida Department of Transportation , Lizz Holmes , Procurement Manager 3400 West Commercial Blvd . , Fort Lauderdale , Florida 33309 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 . : 405606-1 -21 /22 - 01 , as stipulated in Exhibit A, Memorandum of Agreement. 11 . If the accepted bid amount plus allowances is less than the advance deposit amount, the Department will refund amount plus allowances if such refund is requested by the Participant in writing . 12 . Should project modifications occur that increase the Participant's share of total project costs , 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 Paticipant from its obligation to pay for its full participation on final accounting as provided herein below. 2 w � 13 . The Department intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360 ) days of final payment to the Contractor. 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 costs . The parties agree that in the event the final accounting of total 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 Participant. 14 . In the event said final accounting of total 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 . The Participant agrees to pay interest at a rate as established pursuant to Section 55 . 03 , F . S . on any invoice not paid within the forty (40 ) calendar days until the invoice is paid . A. ) 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 . 15 . The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature . 16 . Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the PROJECT, the AGREEMENT shall be amended to identify the respective responsibilities and the financial arrangements between the parties . 17 . 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 . 18 . 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 determined to be complete , as stated in writing , by the Department's Project Manager, or October 10 , 2006 . 19 . Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made . Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Participant's general accounting records and the project records , together with supporting documents and records , of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs . 20 . In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($ 25 , 000 . 00) and a term for a period of more than one year, the provisions of Section 339 . 135 (6 )(a ) , Florida Statutes , are hereby incorporated : 3 "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which , by its terms , involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal orwritten , made in violation of this subsection is null and void , and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds . Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years ; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25 , 000 , 00 ) and which have a term for a period of more than one year. " 21 . 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. 22 This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida . 23 . 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 . 24 . 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 : Lizz Holmes , Procurement Manager With a copy to : Nicholas Danu , FDOT Project Manager A second copy to : District General Counsel If to the PARTICIPANT : Indian River County 184025 th Street Vero Beach , Florida 32960 Attn : Jim Davis With a copy to County Attorney 4 , f IN WITNESS WHEREOF , the PARTICIPANT has caused this Joint Participation Agreement to be executed in its behalf this 16th Day of March 2004 , by the Chairman , authorized to enter into and execute it by Resolution No . 2004 - 028., and the DEPARTMENT has executed this Agreement this day of of 2004 . STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION BY: CHAIRPERSON ROSIELYN QUIROZ Caroline D . Ginn DIRECTOR OF TRANSPORTATION SUPPORT PATRICIA IIS . RIDGELY- pPUTY CL RK APPROVED : APPROVED : BY: I !" BY: COUNTY ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR I � L dian River County _ Ary rrnv s pa te dministration APPROVED : (AS TO FORM ) a � o Budget 16 Co . Attorney _ -a BY: Risk Management DISTRICT GENERAL COUNSEL Department D Division 5 EXHIBIT A MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of 2004, by and between the State of Florida , Department of Transportation , hereinafter referred to as " FDOT" and the State of Florida, Department of Financial Services, Division of Treasury and Indian River County, hereinafter referred to as the "Participant" . WITNESSETH WHEREAS, " FDOT" is currently designing the following project : Financial Project Number : 4056064 - 21 / 22- 01 County : Indian River hereinafter referred to as the " Project" . WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following : 1 . FDOT and the PARTICIPANT agree that the recitals set forth above are true and correct and deemed incorporated herein . 2 . An initial deposit in the amount of TWO HUNDRED SIX THOUSAND TWO HUNDRED FIFTY DOLLARS ($ 206, 250 . 00) will be made by the Participant into an interest bearing escrow account established by the FDOT for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 3 . Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements , 4 . All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate processing at the following address : 6 Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite B Mail Station 42 Tallahassee, Florida 32311 ATTN : LFA Section 5 . The FDOT's Comptroller and/or her designees shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 6 . Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA . 7 . The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. FDOT. 8 . The Department of Financial Services further agrees to provide periodic reports to the STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES COMPTROLLER DIVISION OF TREASURY Indian River County Ap �ven Datel Administration INDIAN RIVER COUN Budget Caroline D . Ginn , Chairman Co , Attorneys Risk Management _ PARTICIPANT NAME & TITLE Department 1840 25th Street, Division Vero Beach, FL 32960 PARTICIPANT ADDRESS F 59=6000673 FEDERAL EMPLOYER I . D . NUMBER 7 RESOLUTION NO. 2004m 028<< RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND A PORTION OF THE PROJECT DEVELOPMENT AND ENVIRONMENTAL (PDE) STUDY FOR CR 510 WHEREAS , the widening of CR 510 (Wabasso Road) has been an Indian River Metropolitan Planning Organization (MPO) priority project for several years ; and WHEREAS , the Florida Department of Transportation (FDOT) is prepared to provide federal funds to pay a portion of the cost for a Project Development and Environment (PDE) Study for the CR 510 Widening project; and WHEREAS , the Indian River County Board of County Commissioners is responsible for paying 50 percent of the cost of the non-federal share for the study costs as its portion of the required local match. NOW THEREFORE, BE IT RESOLVED , that the Indian River County Board of County Commissioners : 1 . Approves the State of Florida Department of Transportation and Indian River County Locally Funded Agreement; and 2 . Authorizes the Chairman to execute the Locally Funded Agreement; and 3 . Directs the Public Works Director to transmit the executed Locally Funded Agreement to the Florida Department of Transportation. THIS RESOLUTION was offered by Commissioner Neuberger who moved its adoption. The motion was seconded by Commissioner i owthPr , and upon being put to a vote, the vote was as follows : Chairman Caroline D . Ginn Ave Vice-Chairman Arthur T . Neuberger Aye Commissioner Fran B . Adams Aye Commissioner Thomas S . Lowther Aye Commissioner Kenneth R. Macht _eyp Page 1 of 2 FAPublic Works\KirnP\Reso1utions\CR510 PDE Study, FDOT Cost Share Agr, BCC Resolution.doc RESOLUTION NO . 2004- 028 The Chairman thereupon declared the resolution duly passed and adopted this 16th day Of Marrh , 2004 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ZZ Caroline D . Ginn, Chai an r Attest : Jeffrey K. Barton, Clerk of Co t Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County to take acknowledgements, personally appeared Caroline D, Ginn as Chairman of the Board of County Commissioners, and R41 h9CIA M . RIDGELY Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal on the County and State last aforesaid this 16th day of March , A.D . , 2004 , Notary Publi Kimberly E Mass ng * MYCOMMISSION # DD216503 EXPIRES July 15, 2007 BONDED THRUTROY FAIN INSURANCE, INC B y: William G. Collins, H, County Attorney Approved as to Form and Legal Sufficiency Page 2 of 2 FAPublic Works\KimP\ResOlutionS\CR510 PDE Study, FDOT Cost Share Agr, BCC Resolution.doc