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Home My WebLink About2005-073 0 INTERLOCAL AGREEMENT REGARDING THE AVIATION BOULEVARD INTERMODAL ROADWAY IMPROVEMENT PROJECT This INTERLOCAL AGREEMENT ("Agreement") , dated February 22 20 05 is made between the City of Vero Beach, a municipal corporation of the State of Florida, Avenue, Vero Beach, Florida 34994 (the "CITY"), and Indian River County, Florida, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960 (the "COUNTY") , BACKGROUND 1 . Florida Statutes Section 163 . 01 , et seq . (2003 ) , known as the Florida Interlocal Cooperation Act of 1969 , provides a method for governmental entities to cooperate with each other on a basis of mutual advantage to provide services and facilities in a manner that will accord best with the factors influencing the needs and development of local communities ; and 2 . The CITY and COUNTY desire to cooperate in the implementation of roadway improvements to Aviation Boulevard from 66th Avenue to U . S . 1 (State Road 5 ) (herein after referred to as the "Aviation Boulevard Project" or "Project") located in Vero Beach and unincorporated Indian River County, all on the terms and conditions set forth herein . 3 . The project will consist of two parts : Part 1 will include the preparation of a right-of-way map from 66th Avenue to 43 `d Avenue (no construction will occur in Part 1 ) ; Part 2 will include the widening of Aviation Boulevard to 4 lanes between 43 `d Avenue and US Highway 1 . A schematic of the roadway improvements for the Aviation Boulevard Project is attached hereto as Exhibit "A" and incorporated by reference . 4 . This agreement is necessitated between the CITY and the COUNTY in order to set forth each party ' s obligations to design, plan and construct the Project . The Indian River Metropolitan Planning Organization has earmarked funds to assist the CITY and COUNTY in this Project . NOW, THEREFORE, in consideration of the mutual benefits flowing from each to the other, the parties agree as follows : CITY RESPONSIBILITIES 1 . The CITY shall be responsible for the following : 1 OR (a) In accordance with Florida Statutes , the CITY will secure the services of Florida licensed professionals to design, oversee and construct the Project . The CITY may also provide in-house design and construction, engineering and construction services and shall be re- imbursed for same . (b) The CITY shall obtain any and all necessary permits for Part 2 of the Project . (c) The CITY shall obtain all rights-of-way or easements required for Part 2 of the Project. Any right-of-way or permanent easement that is contiguous with Aviation Boulevard shall be dedicated to the City of Vero Beach . All other rights -of-way or permanent easements contiguous to CITY owned land shall be dedicated to the CITY . The CITY shall , promptly upon receipt of any title work for any right-of-way or permanent easement, transmit same to the COUNTY' s Project Manager. Thereafter, and within 30 calendar days after receipt of such title work, the COUNTY shall provide any comments , and approval or disapproval in writing . All right- of-way deeds and permanent easements shall contain a maintenance easement in favor of each of the COUNTY and the CITY . (d) The CITY shall oversee all aspects of the project. (e) After construction of the Project, the CITY shall , at its sole cost and expense, and not subject to reimbursement under this Agreement, be solely responsible to maintain Part 2 of the Project improvements for the term of this Agreement . In the event the CITY fails to maintain the improvements as described, the COUNTY shall have the right, but is not obligated, to maintain the improvements and to be reimbursed for such costs and expenses by the CITY . 2 . (a) The CITY shall enter into contracts with Florida licensed engineers , surveyors , landscape architects and entities holding the appropriate State of Florida certificates under Florida Statutes Chapter 489 with respect to the Project . The CITY shall promptly review any and all invoices submitted in connection with the Project and either approve or disapprove same . Promptly upon approval , the CITY shall send such approved invoices to the COUNTY's Project Manager (as such term is hereinafter defined) . In accordance with the prompt payment act, the COUNTY shall remit payment of approved invoices directly to the entity submitting the invoice . (b) The CITY reserves the right to provide engineering, surveying, and construction engineering and inspection services with respect to this project not to exceed the sum of $ 800 , 000 . 00 . If the CITY provides these services they will be reimbursed for these 2 expenses after providing the COUNTY' S project manager with documented project costs . These costs shall be reimbursed to the CITY in accordance with the schedule attached as exhibit "B " and adopted by reference herein . 3 . Promptly upon receipt by the CITY of the construction design plans , drawing and specifications at both the 50 % stage and the 90% stage ("Plans") , the CITY shall transmit same to the COUNTY for the COUNTY' s review and written approval , which shall not be unreasonably withheld . The COUNTY shall promptly convey, in writing, its approval or disapproval of the Plans to the CITY . If the Plans are approved, or approved after modification, the CITY shall cause the Plans to be prepared for public bid in accordance with Florida law . The CITY shall provide a full set of the construction documents to the COUNTY for review prior to the date the CITY plans to advertise the Project. The COUNTY shall transmit written comments on the construction documents to the CITY . The CITY shall require that the payment and performance bonds of the contractor selected to construct the Project shall run to both the CITY and the COUNTY . If the Plans do not receive the written approval of the COUNTY, this Agreement shall terminate ten ( 10) calendar days after the COUNTY remits payment for any invoices submitted by the CITY for services provided prior to the date of the COUNTY disapproval of the Plans . COUNTY RESPONSIBILITIES 1 . The COUNTY shall be responsible for the following : (a) The COUNTY shall expend road impact fees from District Two in the amount of two million dollars and FDOT shall expend intermodal funds in the amount of two million dollars to partially pay for the cost of: ( 1 ) preliminary design, costs shall not exceed $40 , 000 . 00 . (2) final design, and oversight during construction shall not exceed $ 360 , 000 . 00 . (3 ) right-of-way/easement acquisition shall not exceed $ 100 , 000 . 00 . (4) bidding and oversight during construction shall not exceed $200 , 000 . 00 ( 5 ) survey expenses and costs of $ 100 , 000 . 00 (6) construction . Total estimated cost : $ 3 , 200 , 000 . 00 . (b) The COUNTY shall pay all approved invoices received from the CITY within the time span allotted by the Florida Prompt Pay Act, Chapter 218 . 70 FS . 3 (c) The COUNTY shall apply for and coordinate all phases of the grant from the Indian River Metropolitan Planning Organization and the Florida Department of Transportation . 2 . The Project Manager for the CITY is Monte K. Falls , Director of Public Works and Engineering . The Project Manager for the COUNTY is Phil Matson, MPO Staff Director. 3 . This Agreement may be amended only by written agreement of the parties . A party requesting amendment of the Agreement must propose such amendment in writing to the other party. 4 . This Agreement shall become effective upon execution by both parties and filing with the Clerk of the Circuit Court for Indian River County. 5 . The laws of the State of Florida shall govern all aspects of this Agreement . In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claim which are justiciable in federal court . 6 . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements , and 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 or contemporaneous representations or agreements , whether oral or written . 7 . If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . 8 . Any notice , request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served (as elected by the party giving such notice) by any of the following methods : (a) hand delivery to the other party 4 (b) delivery by commercial overnight courier service (c) mailed by registered or certified mail (postage prepaid) , return receipt requested . For purposes of notice the addresses are as follows : COUNTY : Phil Matson Indian River County MPO Staff Director 1840 25th Street Vero Beach, FL 32960 - 3365 CITY : Monte Falls City of Vero Beach Director of Public Works and Engineering P . O . Box 1389 Vero Beach, FL32961 - 1389 (Hand delivery 1053 20th Place , Vero Beach) Notice given in accordance with the provisions of this paragraph shall be deemed to be delivered and effective on the date of hand delivery or on the second day after the date of the deposit with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not delivered if mailed. 5 IN WITNESS WHEREOF , the CITY has approved this Agreement at a duly noticed meeting held o 2006. ATTEST : Sign : Signs Tammy K . Vock, Cit Clerk Thomas P . White, Mayor Approved as to form and legal Approvedhaconforming to municipal sufficiency: policy: City Attorney City Mana er Approved s to echnica1 requirements : Director of Pu ' Works and Engineering 6 IN WITNESS WHEREOF , the County has approved this Agreement at a duly noticed meeting held on February 22 , 2005 . BOARD OF COUNTY COMMISSIONERS INDIAN RI R COUNTY, F ORIDA BY : S - C Thomas S . Lowther, Chairman BCC Approved : Q2 - 22 - 2005 By Jos Baird, unty Administrator :; 3 . j�h� ' '3{.,0 00 Attest : Approved as to Form Jeffrey K. Ba t, 'CI ' rof Court A' and Legal Sufficiency ; j 0 Ito . to. ,fzf � rer r, afen� William G . Collins , II, County Attorney Indian River County Approved Date Administration Budget County Attorney Risk Management Public Works RIAI d1 / 7 SCALE: Y - I Lu. PART 1 PART 2 RIGHT-OF- WAY WIDEN EXISTING 2 LANES SR 60 MAP PROJECT TO 4 LANES 26TH STREET AVIATION BLV SR 60 16TH STREET 12TH STREET co M Y n O LA to N a M N N D Z G O Z CITY OF VERO BEACH EXHIBIT 'A' S CALE DRAWN BY PAGE NO. 1 " = 1 Mi . SRS DEPARTMENT OF PUBLIC WORKS AND ENGINEERING AVIATION BLVD IMPROVEMENTS 08104 PR 2004- 0 I OF 4 1 D : \Land Projects\2004-04\dwg\Schematic. dwg , 11 /g/2004 11 : 18:4 AM EXHIBIT " B " Preliminary Design $ 40 , 000 . 00 Final Design $ 360 , 000 . 00 Right-of-Way and Easement Acquisition $ 100 , 000 . 00 Bidding and Oversight During Construction $ 200 , 000 . 00 Survey $ 100 , 000 . 00 Total $ 800 . 000 . 00 Note : All amounts are " not to exceed " amounts . 2004-04 . Interloca]Agrmt. Exhibit&doc