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Home My WebLink About2009-111 This INTERLOCAL AGREEMENT ("Agreement") , dated this 21st day of Apri 1 , 2009 , is made by and between the District Board of Trustees of Italian River State College, a political subdivision of the State of Florida, 3209 Virginia Avenue , Ft . Pierce Florida, 34981 - 5596 (TRUSTEES ) and Indian River County, Florida, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach , Florida 32960 - 3365 ( COUNTY) . WHEREAS , Chapter 163 Fla . Stat . (2007 ) , 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 WHEREAS the '1RUS 'TEES and the COUN ' T ' Y desire to cooperate in the construction of certain roadway improvements on College Lane on the Indian River State College Mueller Campus in Indian River County , and WHEREAS the COUNTY desires to add a culvert extension and water main to the College Lane Extension project , at a cost of approximately $ 292 , 000 . 00 for the design and construction of the water main and $ 43 , 847 . 00 for construction of 144 LF of 60 " RCP and one ( 1 ) concrete end wall , and WHEREAS the proposed culvert extension and water main extension improvements will be funded by the COUNTY and the construction administered by the 'TRUSTEES , and WHEREAS , these improvements were included as an alternate bid item in the Project Bid Specifications and were subject to the competitive bidding process , and WHEREAS , the Trustees awarded the Project to SPS Construction Inc . ; and WHEREAS the TRUSTEES and the COUNTY agree that the proposed roadway improvements on College Lane serve a public purpose and provide a benefit to the TRUS 'T 'EES and the COUNTY . NOW, THEREFORE , in consideration of the mutual benefits flowing from each to the other, the parties do hereby agree as follows : 1 . The above recitations are true and correct and incorpejrated into tlhis Agreement by reference o 2 . The COUNTY shall provide all design , funding , construction inspection , and o ° permitting for the proposed improvements , consisting of: the design and construction o of water main and construction of 144 LF of 60 " RCP and one ( 1 ) concrete endwall . Y of J IT wU >- o [Y M -J z v � 3 . The TRUSTEES agree to negotiate a change order to their contract with SPS 0 » m U i w o a Q -7 Contracting , Inc . for construction of the proposed improvements in accordance with �- T �'- the Alternate Bid No . 1 ( bid for water main - Indian River State College roadway improvements to College Lane) ( Exhibit 1 ) and SPS Contracting, hlc . proposal dated w z a m Y May 1 , 2008 for culvert and end wall (Exhibit 2 ) . County acknowledges receipt of mOC_I < 0 aiU � uMc� UJ N LJ LL O F- CC O CD O LLJ the agreement between Owner and Contractor for construction contract ( stipulated price ) entered into between Trustees and SPS Contracting, Inc . , in connection with the above , as well as all the contract documents specified under Article 8 thereof. Upon the TRUSTEES negotiating the change order referenced above before the TRUSTEES execute same , COUNTY shall give its written approval to the said change order . 4 . The TRUSTEES agree to administer and act as agents for the COUNTY for the additional work associated with the College Lane Extension and Bridge Construction project . 5 . County accepts LBFH , Inc . (a/k/a Boyle Engineering Corp . and AECOM , Inc . ) as engineer for the project as it pertains to all contract documents . Copies for all applications for payment as set out in Article 6 . 01 shall be forwarded to COUNTY . Applications forpayment will be processed by the engiucers as provided in the General Condition and upon progress payments becoming due on the change order pursuant to the contract documents , COUNTY shall forward to COLLEGE the funds required to make progress payments as required under Article 6 . 02 of the Agreement and the contract documents in sufficient time so that COLLEGE can make the progress payments timely as required under Article 6 . 02 . Likewise , COUNTY shall provide the final payment to COLLEGE upon final completion and acceptance * . '-' the work in sufficient time to pay the remainder of the contract price required for tine change order as recommended by engineer pursuant to the contract and contract documents . COUNTY shall have the right to communicate directly with the engineer in respect to all applications for payment . COUNTY shall have the right for direct payment to the SPS for any work performed . 6 . In the event both parties are not in agreement to mediate , either party has the right to resort to any legal action necessary to resolve any dispute hereunder . Disputes under this Agreement may be resolved by the COUNTY ' s Authorized Representative and the TRUSTEE ' S Authorized Representative . If such Authorized Representatives are unable to reach a resolution and the parties agree that the issue has sufficient merit , the parties may select a mediator mutually acceptable to both parties to conduct a mediation of the issues involved and make a recommendation to both parties . The parties agree to be responsible for their respective costs and tees incurred during the mediation and that the mediator ' s fees and costs shall be laid in equal amounts by each party . 7 . Upon completion of the work, the COUNTY is to receive a bill of sale absolute for the improvements from either TRUSTEE or SPS , together with any warranties associated with the improvements . 8 . The COUNTY and the TRUSTEES agree to hold biweekly construction progress meetings with the Contractors for the Project . The COUNTY shall coordinate all construction activities occurring on the Mueller crunpus with the TRUSTEES or their authorized representatives prior to construction activities so as not to adversely impact the daily activities of Indian River State College , its students , faculty , staff and facilities . 2 9 . The laws of the State of 141orida shall govern all asPects of this Agrceinent . In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Circuit for claims under statf. law and in the Southern District of Florida for any claims that are justifiable in federal court . In the event of any such litigation , the prevailing party shall be entitled to recover reasonable attorney fees and costs from the losing party . 10 . This agreement may be amended only by written agreemc., t of the parti ;; s executed in the same formality as this agreement . 11 . This Agreement shall become effective upon execution by both parties . 12 . Nothing in this Agreement shall be construed to impose liability on the TRUSTEES for any negligence attributable to the COUNTY , nor to impose liability on COUNTY for any negligence attributable to the TRUSTEES . 13 . The COUNTY and the TRUSTEES agree to maintain tort liability insurance or self- insurance coverage of their respective activities on the facilities for no less than the maximum amount for which the Legislature waives sovereign immunity for the State and its agencies , which amount is currently $ 100 , 000 per claim , and $ 200 , 000 per incident pursuant to Section 768 . 28 Fla . Stat . (2007 ) . 14 . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence, conversation , agreements , and understanding applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understanding 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 . 15 . 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 thal , those as to which it is geld inva � , . : 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 . 3 16 . Any notice , request , demand, consent, approval or other communication required or permitted by this Agreement shall be given or make in writing and shall be served ( as elected by the party giving such notice) by any of the following methods : (i ) hand delivery to the other party ; (ii ) delivery by commercial overnight courier service ; or (iii ) mailed by registered or certified mail (postage prepaid) , return receipt requested . For purposes of notice the addresses are : TRUSTEES , COUNTY : President County Administrator Indian River State College Indian River County 3209 Virginia Avenue 1801 27th Street Ft . Pierce , Florida 34981 Vero Beach, FL 32960 - 3365 Required Copy to : Required Copy to : College Attorney County Attorney ' s Office Neill , Griffin , Tierney , Indian River County Neill , & Marquis 1801 27th Street 311 S . Second Street Vero Beach, FL 32960 - 3365 Ft . Pierce , Florida 34957 - 1270 IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day , month and year aforesaid . DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COUNTY BOARD OF INDIAN RIVER STATE COLLEGE COUNTY COMMISSIONF, RS, Edwin R . Massey , Ph . D . , Kesident 4esleyy S . Davis , C1_ atiroa DISTRICT BOARD OF TRUSTEES OF ATTEST INDIAN RIVER STATE COLLEGE Clerk of Court J.K. Cheryl Kirton, Chairman APPROVED AS TO FORM AND MUFLIEN Y County Attorney b n , This document was prepared by and should be returned to she County Attorney 's Office 180127th Street VOM Leh , Florida 32960 4