HomeMy WebLinkAbout2009-033 CIX
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FM No : 230872-1 -52-01
230872-1 -5A-01
FEID No : VF-596-000-679
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS Locally Funded Agreement ( "Agreement' ) , entered into this i l4' day ofJ=1MQ :2 102V
200 , by and between the State of Florida Department of Transportation hereinafter calle e
DEPARTMENT, and INDIAN RIVER COUNTY located at 180127 TH 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 Financial Management ( FM ) Number 230872-1 -52 -01 , 230872-
1 -5A-01 ( Funded in Fiscal Year 2008/2009 — 2009/2010) for Construction (and Construction Bonus)
of 16th/17th Street from 500 feet west of 14th Avenue to 32 . 51 feet west of SR-5/US -1 in Indian
River County , Florida ; and ,
WHEREAS , for purposes of this Agreement, improvements to be made as stated above are hereinafter
referred to as the PROJECT ; 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 . 2009-006 adopted on Fehnjary i
2009, 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
PARTICIPANT input in its decisions .
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5 . The Project referenced above consists of several types of funding . The PARTICIPANT'S
total share of the Project is FIVE HUNDRED FIFTEEN THOUSAND SIX HUNDRED
SEVENTY EIGHT DOLLARS ($515, 678 . 00) .
(A) The estimated total cost as set forth in the DEPARTMENT'S adopted work program
for this Project is FOUR MILLION EIGHT HUNDRED NINETY SIX THOUSAND SIX
HUNDRED FORTY DOLLARS ($4,896 ,640 . 00) . The PARTICIPANT and the
DEPARTMENT agree to share the cost of this Project ( FM# 230872-1 -52-01 &
230872-1 -5A-01 ) . The PARTICIPANT agrees to provide one-half ( 1 /2 ) of the non -
federal funds required to match the federal participating share of the Project and the
DEPARTMENT agrees to provide the other one-half ( 1 /2) of the non -federal funds
required to match the federal participating share . The funds to be paid by the
DEPARTMENT, the PARTICIPANT, and the Federal Highway Administration
( FHWA) pursuant to this Agreement is in the estimated amount of THREE MILLION
TWO HUNDRED SEVENTY THOUSAND ONE HUNDRED SIXTY THREE
DOLLARS ($3 ,270 , 163 .00) which amount is subject to increase or decrease . The
PARTICIPANT shall pay a minimum of 9 .035% of THREE MILLION TWO
HUNDRED SEVENTY THOUSAND ONE HUNDRED SIXTY THREE DOLLARS
($ 3 , 270 , 163 .00) which equals TWO HUNDRED NINETY FIVE THOUSAND FOUR
HUNDRED SIXTY DOLLARS ($ 295 ,460 . 00) . However, in the event FHWA fails to
provide an amount which is equal to their anticipated participating share , the
PARTICIPANT shall be responsible for 100 % of the funds not being paid by FHWA
including but not limited to cost overruns and or supplement agreements . The
DEPARTMENT is solely responsible for a payment not to exceed 9 . 035% of the
estimated amount of THREE MILLION TWO HUNDRED SEVENTY THOUSAND
ONE HUNDRED SIXTY THREE DOLLARS ($3 ,270, 163. 00) which amount is
subject to increase or decrease .
The FHWA participating share is 81 .93% of the estimated amount of THREE
MILLION TWO HUNDRED SEVENTY THOUSAND ONE HUNDRED SIXTY
THREE DOLLARS ($3 ,270 , 163 . 00) which amount is subject to increase or
decrease .
i . If the accepted bid amount plus allowances is in excess of the advance deposit
amount, the PARTICIPANT will provide an additional deposit within fourteen
( 14) calendar days 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 are 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 fourteen ( 14) days , a letter must be submitted to and
approved by the DEPARTMENT' S project manager indicating when the deposit
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will be made . The PARTICIPANT understands the request and approval of the
additional time could delay the Project, and additional costs may be incurred
due to delay of the Project.
ii . If the accepted bid amount plus allowances is less than the advance deposit
amount, the DEPARTMENT will refund the amount that the advance deposit
exceeds the bid amount plus allowances if such refund is requested by the
PARTICIPANT in writing .
iii . Should Project modifications 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 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 on final
accounting as provided herein .
iv . The DEPARTMENT intends to have the final and complete accounting of all
costs incurred in connection with the work performed hereunder within three-
hundred and sixty (360) calendar 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 cost. 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. If the final accounting
is not performed within three hundred and sixty (360 ) calendar days , the
PARTICIPANT is not relieved from its obligation to pay.
v . 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 with the forty (40) calendar days of the date of the invoice until
the invoice is paid .
vi . The payment of funds under this Locally Funded Agreement will be made
directly to the Department of Financial Services , Division of Treasury for deposit
and as provided in the attached Memorandum of Agreement ( MOA) between
the PARTICIPANT , the DEPARTMENT and the State of Florida , Department of
Financial Services , Division of Treasury, a copy of which is attached hereto as
Exhibit "A" .
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The MOA is a benefit to both the DEPARTMENT and the PARTICIPANT . Interest
earned will be applied to any additional costs of the PARTICIPANT . Any unused
funds , including interest, will be provided to the PARTICIPANT after the final
accounting of the Project has been performed .
( B) In addition to the amount to be paid by the PARTICIPANT previously stated in
paragraph 5A, the PARTICIPANT agrees to pay to the DEPARTMENT the amount
of TWO HUNDRED TWENTY THOUSAND TWO HUNDRED EIGHTEEN
DOLLARS ($220, 218.00) for Project costs . The PARTICIPANT share of TWO
HUNDRED TWENTY THOUSAND TWO HUNDRED EIGHTEEN DOLLARS
($220 ,218 .00) is non -refundable . If the actual cost of the Project is less than the funds
provided the excess will be applied to other phases of the Project.
i . Should Project modifications 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 cost 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 . Funds due from the
PARTICIPANT during the Project not paid within forty (40) calendar days from the
date of the invoice are subject to interest charge at a rate established pursuant to
Section 55. 03, Florida Statutes.
The PARTICIPANT agrees that it will , within thirty (30) days of the execution of this Agreement,
furnish the DEPARTMENT with a check in the amount of FIVE HUNDRED FIFTEEN
THOUSAND SIX HUNDRED SEVENTY EIGHT DOLLARS ($515,678 .00) towards the
Project Costs .
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 . : 230872-1 -52 -01 & 230872-1 -5A-01 . The DEPARTMENT shall utilize this
amount towards costs of Project 230872 -1 -52-01 & 230872-1 -5A-01 .
Payment shall be mailed to :
Florida Department of Transportation
Professional Services Unit
Attention : Leos A. Kennedy, Jr.
3400 West Commercial Boulevard
Fort Lauderdale , FL 33309-3421
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FUNDING ALLOTMENT
Financial Mgmt. No. (FM#) Amount
Non Federal
Match
230872- 1 -52-01 (FY 2008/2009) $269,710 .00 $220,218.00
230872- 1 -5A-01 (FY 2009/2010) $25,750.00 $0.00
TOTAL $515,678.00
6 . In the event it becomes necessary for the 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.
7 . Should the DEPARTMENT and the PARTICIPANT 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 .
8 . Upon conveyance of the construction Project to the PARTICIPANT by the DEPARTMENT,
the PARTICIPANT will be responsible for the maintenance and upkeep of the completed
construction Project at their sole cost and expense .
9 . 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 .
10 . 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 June 30 , 2011
whichever occurs first.
11 . 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.
12 . With respect to any of the PARTICIPANT'S agents , consultants , subconsultants ,
contractors , and/or sub-contractors , such party in any contract forthis Project shall agree 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 such agents , consultants ,
subconsultants , contractors and/or subcontractors . The PARTICIPANT shall provide to the
DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT.
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It is specifically understood and agreed that this indemnification clause does not cover or
indemnify the DEPARTMENT for its own negligence .
13 . This AGREEMENT is governed by and construed in accordance with the laws of the State
of Florida .
14 . 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 .
15 . 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 : Nadir Rodrigues
A second copy to : District General Counsel
If to the PARTICIPANT:
Indian River County
1801 27th Street
Vero Beach , Florida 32960
Attn : Christopher R. Mora , P. E .
With a copy to : Attorney
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IN WITNESS WHEREOF , this Agreement is to be executed by the parties below for the purposes
specified herein . Authorisation has been given to enter into and execute this Agreement by Resolution No .
2009-006 , hereto attached .
STATE OF FLORIDA
INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION
9�PtE OF
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z
BY : BY:
NAME : Wesley S . Davis ROSI YN IROZ
TITLE : Chairman DI TOR OF TRANSPORTATION
ATTEST : APPROVED : (AS TO FORM)
!L
- J . K . BARTON
by : x CLERK CIRCUIT COURT BY:
COUNTY CLERK (SEAL) DIS I G L U L
APPROVED : APPROVED :
BY : BY :
COUNTY ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR
Y
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Exhibit " A "
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this *Try ., day of w689uA2Y , 200Yr
by and between the State of Florida , Department of Transportation , hereinafter referred to as
" DEPARTMENT" the State of Florida , Department of Financial Services, Division of Treasury, and
INDIAN RIVER COUNTY hereinafter referred to as the " PARTICIPANT" .
WITNESSETH a
WHEREAS, " DEPARTMENT" is currently constructing the following project : f�>
Financial Project Number : 230872- 1 - 52- 01, 2308724 - 5A-t =„
County : INDIAN RIVER _T
4 CT
hereinafter referred to as the " Project" .
WHEREAS, the DEPARTMENT and the PARTICIPANT entered into a Locally Funded
Agreement ( LFA) dated P / I , wherein the DEPARTMENT
agreed to perform certain work on behai0of 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 DEPARTMENT 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
DEPARTMENT .
NOW THEREFORE, in consideration of the premises and the covenants contained herein , the
parties agree to the following .
1 . The DEPARTMENT 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 FIVE HUNDRED FIFTEEN THOUSAND SIX
HUNDRED SEVENTY EIGHT DOLLARS ( $ 515, 678 . 00) will be made by the
Participant into an interest bearing escrow account established by the DEPARTMENT
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 DEPARTMENT upon receipt of this Memorandum of
Agreement . Such account will be an asset of the DEPARTMENT .
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 .
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I
4 . All deposits shall be made payable to the Department of Financial Services,
Revenue Processing and mailed to the DEPARTMENT'S District Four Office . The
District Four Office will then forward the check, along with required documentation to
the DEPARTMENT'S Central Office for appropriate processing at the following
address :
Florida Department of Transportation
Office of Comptroller
General Accounting Office, LFA Section
605 Suwannee Street, Mail Station #42113
Tallahassee, Florida 32399
5 . The DEPARTMENT'S Comptroller or designee 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 DEPARTMENT .
8 . The Department of Financial Services further agrees to provide periodic reports to the
DEPARTMENT .
STA E Oft FLORIDA STATE OF FLO A
DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES
COMPTROLLER DIVISION OF TREASURY
INDIAN RIVER COUNTY
BY :
PARTICIPANT SIGNATURE
Wesley S . Davis , Chairman
PARTICIPANT NAME & TITLE
APPROVED AS TO FORM 180127 TH Street
AN?'t S F Vero Beach , FL 32960
PARTICIPANT ADDRESS
Af
s _
WILLIA C, DE AL F= 596- 000 - 679
DEPUTY COUNTY ATTORNEY
FEDERAL EMPLOYER I . D . NUMBER
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RESOLUTION NO . 2009=006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN
TO EXECUTE A LOCALLY FUNDED AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO CONTRIBUTE
FUNDS TOWARD IMPROVEMENTS ON 16T" / 17' STREET
WHEREAS, the anticipated transportation demands on 16th/17th Street between a point
500 feet west of 14th Avenue and U .S . 1 will exceed the level of service established in the
Comprehensive Plan ; and
WHEREAS, if improvements are not made to the roadway and traffic exceeds the level
of service, applications for new development would be denied because they would not meet
the requirements of the Concurrency Management System ; and
WHEREAS, improvements to the roadway will eliminate existing deficiencies and create
new capacity on the roadway; and
WHEREAS, in order for the roadway to meet the requirements of the Concurrency
Management System , the improvements must appear in the first three years of the Florida
Department of Transportation ( FDOT) work program ; and
WHEREAS, in order for the roadway improvements to appear in the first three years of
the FDOT work program , the County must supply the funding to FDOT; and
WHEREAS, the County has determined to agree with the FDOT to enter into the Locally
Funded Agreement providing for the contribution of funds toward construction of the roadway
improvements; and
WHEREAS, the Locally Funded Agreement will allow the FDOT to obtain Federal
participating funds toward construction of the roadway improvements;
r •
RESOLUTION NO . 2009- 006
NOW THEREFORE, be it resolved that the Board of County Commissioners of Indian
River County resolves as follows :
The Chairman of the Board of County Commissioners is authorized to execute any documents
necessary to complete the Locally Funded Agreement for the contribution of funds toward
roadway improvements on 16th/ 17th Street .
The foregoing Resolution was offered by Commissioner Wheeler and
seconded by Commissioner Flescher and upon being put to a vote, the
vote was as follows :
Wesley S . Davis, Chairman AYF
Joseph E . Flescher, Vice Chairman AYE
Peter D . O ' Bryan , Commissioner AYE
Bob Solari , Commissioner AYE
Gary C. Wheeler, Commissioner AYE
The Chairman thereupon declared the resolution duly passed and adopted at a meeting held
this 3rd day of February, 2009 .
BOARD OF COUNTY COMMISSIONERS
) NDIAN RIVER COUNTY, FLORIDA
Wesley -S . Davis, Chairman
ATTEST: b C
74 Jeffrey . Barton , Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G . Collins II , County Attorney