HomeMy WebLinkAboutDocumentation_Regular_Tab 06_09/08/2016 � p
CORBETT, WHITE,
�� DAVIS �N� ASHTON, r��.
KEITH W. DAVIS
ATTORNEY AT LAW
Board Certified ire City, Co�snty and Local Govent�rieiit Law
' MEMORANDUM
' TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and
� Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: August 18, 2016
RE: Agenda Item — FDOT Locally Funded Agreement
The following describes in detail the above referenced agenda item:
As part of the U.S.1 redesign project, FDOT will require the Village to execute the "Locally
Funded Agreement" for the construction of the two right turn lanes adjacent to St. Jude
Church and Tequesta Shoppes. We have previously executed a letter of intent and a
resolution which indicated the Village's intent to enter into this agreement.
The agreement must be completed on page 1 by indicating that the Village adopted
Resolution 14-16 on May 23, 2016, authorizing the agreement.
Essentially, the agreement provides that the Village's estimated cost sharing for the right
turn lanes is $57,936.00 This amount is to be paid to FDOT within 30 days of execution of
the agreement.
The agreement a�so provides for cost adjustments, either up or down. In other words, if
actual costs as determined by the bid, by other project modifications, or by an audiUfinal
accounting are more than $57,936.00 for the right turn lanes, the Village will be obligated to
make up the difference within 40 days of being notified. Likewise, if the actual costs are
less than $57,936.00 for the right turn lanes, then the Village would receive a refund upon
making a request for it.
Lori McWiltiams
From: Debra Telfrin
Sent: Wednesday, August 10, 2016 1:52 PM
To: Lori McWilliams
Cc: Debra Telfrin; Michael Couzzo
Subject: FW: 428718-1 LFA Village of Tequesta Palm Beach County
Attachments: Mimecast Attachment Protection Instructions; 428718-1 LFA Palm Beach County- R
Lopes. pdf
Importance: High
Follow Up Flag: Follow up
Due By: Thursday, August 18, 2016 3:30 PM
Flag Status: Flagged
Lori,
For your review and assistance.
Thank you,
Debbie
From: Corredor, Norma [mailto:Norma.Corredor@dot.state.fl.us]
Sent: Tuesday, August 09, 2016 2:12 PM
To: Michael Couzzo <mcouzzo@tequesta.org>; Debra Telfrin <dtelfrin@tequesta.org>
Cc: Lopes, Robert <Robert.Lopes@dot.state.fl.us>; Aubery, Sabrina <Sabrina.Aubery@dot.state.fl.us>; Kennedy, Leos
<Leos.Kennedy@dot.state.fl.us>
Subject: 428718-1 LFA Village of Tequesta Palm Beach County
Importance: High
Mimecast Attachment Protection has created safe copies of your attachments.
RE: Locally Funded Agreement
FM: 428718-1-52-03
Description: Construction of Turn lanes at two locations along SR-5/US-1 from S. of Beach Road to just north
of County Line Road at the Village of Tequesta in Palm Beach County
Dear Mr. Couzzo:
Attached are the pdf file for the Project referenced above. Please print out five (5) copies of each file for approval and
execution.
Please �o Nor fill in the date of the contract(s). The date of the LFA contracts shall be completed by our staff upon
execution by the Department of Transportation's Director of Transportation Development. A fully executed copy of both
agreements will then be forwarded to you for your files.
In addition to returning the five signed original Agreements, please forward:
• Two (2) original and three (3) certified copies of the City Council resolution that authorizes the
execution of the LFA.
If it is not possible to obtain the resolutions, please forward:
1
• Five (5) certified copies of the minutes of the City Council meeting at which both Agreement were
approved for execution.
Should you have any questions, please contact me at 954-777-4066.
Sincerely,
Norma Corredor
Contracts Coordinator
Program Management Unit
Florida Department of Transportation- District 4
� Phone:954
� Email: norma.corredor�a dot.state,fl.us
z
FM No: 428718-1-52-03
FEID No: VF-596-044-081-017
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCALLY FUNDED AGREEMENT
THIS Localiy Funded Agreement ("Agreement"), entered into this day of
20 , by and between the State of Florida Department of Transportation hereinafter
called the DEPARTMENT, and Village of Tequesta located at 345 Tequesta Dr. Tequesta, FL, 33469
hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, the PARTICIPANT is providing the DEPARTMENT with financial assistance for certain
improvements in connection with the DEPARTMENT's resurfacing, restoration and rehabilitation (3 RRR)
work along SR-5/US-1 from south of Beach Road to just north of County Line Road at the Village of
Tequesta in Palm Beach County, Florida. (Financial Management (FM) Number 428718-1-52-03,
Funded in Fiscal Year 2017/2018); and
WHEREAS, the PARTICIPANT has requested that the DEPARTMENT perform the following additional
work: construction of turn lanes at two locations along SR-5/US-1 (Financial Management (FM) Number
428718-1-52-03, Funded in Fiscal Year 2017/2018) as set forth in Exhibit A, attached hereto and made
a part hereof and 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. adopted on
, 20_, 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.
Page 1
4. The total cost for the Project and the DEPARTMENT's work is estimated to be TWO
MILLION SEVEN HUNDRED FIFTY NINE THOUSAND SIX HUNDRED TWENTY
DOLLARS AND TWENTY CENTS ($2,759,620.20). The PARTICIPANT'S share for the
Project is an estimated amount of FIFTY SEVEN THOUSAND NINE HUNDRED THIRTY
SIX DOLLARS AND ZERO CENTS ($57,936.00), which sum shall be paid to the
DEPARTMENT. In the event the actual cost of the Project is less than the PARTICIPANT's
payment, the difference shall be refunded to the PARTICIPANT. In the event the actual
cost of the Project, without modifications, results in a sum greater than that paid by the
PARTICIPANT, then any additional cost shall be the sole responsibility of the
PARTICIPANT and shall be paid to the DEPARTMENT.
A. 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 FIFTY
SEVEN THOUSAND NINE HUNDRED THIRTY SIX DOLLARS AND ZERO
CENTS ($57,936.00) towards the Project Costs.
In the event payment is not received by the DEPARTMENT within thirty (30) days
of execution of this Agreement, the DEPARTMENT reserves the right to
terminate this Agreement and remove the project from the Department's work
program and not accommodate turn lanes.
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 No. 428718-1-52-03. The DEPARTMENT shall utilize this amount
towards costs of Project No. 428718-1-52-03.
Payment shall be mailed to:
Florida Department of Transportation
Program Management, Attention: Norma Corredor
3400 W. Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
B. The PARTICIPANT's share of the accepted bid for the Project (hereinafter
referred to as "Accepted Bid") and the Department's work plus allowances is
hereinafter defined as the "Total Accepted Bid". If the PARTICIPANT's share of
the accepted bid 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) calendar days, a letter must be
Page 2
submitted to and approved by the DEPARTMENT's Project Manager indicating
when the deposit will be made and the DEPARTMENT's written consent to the
payment of the additional deposit and said date. 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. In the
event of non-payment, the DEPARTMENT reserves the right to terminate this
Agreement and remove the Project and the DEPARTMENT's roadway work
from the Department's Work Program.
C. If the PARTICIPANT's payment for 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 PARTICIPANT's payment for the
accepted bid amount p�us allowances if such refund is requested by the
PARTICIPANT in writing.
D. Should Project modifications occur that increase the PARTICIPANT's payment
for the Project, the PARTICIPANT will be notified by the DEPARTMENT. 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 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. Funds due from the PARTICIPANT, for the Project, not
paid within forty (40) calendar days from the date of the invoice are subject to
an interest charge at a rate established pursuant to Section 55.03, F.S.
E. 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. The DEPARTMENT
considers the Project and the resurfacing work complete when the final payment
has been made to the Contractor, not when the construction work is complete.
All Project & construction 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 and the resurfacing work. The PARTICIPANT will be
notified of the final cost. Both 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 sixty (360) days, the PARTICIPANT is not relieved from its obligation
to pay.
F. In the event the final accounting of total Project costs indicate that the Project
costs are greater than the total deposits to date, the PARTICIPANT will pay the
Page 3
additional amount within forty (40) calendar days from the date of the invoice
from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as
established pursuant to Section 55.03, F.S., on any invoice not paid within forty
(40) calendar days until the invoice is paid.
5. In the event it becomes necessary for 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.
6. The PARTICIPANT / Vendor/ Contractor:
(A) shall utilize the U.S. Department of Homeland Security's E-verify system to verify
the employment eligibility of all new employees hired by the PARTICIPANT/
Vendor/Contractor during the term of the contract; and
(B) shall expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new empfoyees
hired by the subcontractor during the contract term.
7. 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.
8. 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 and the roadway work
is completed as evidenced by the written acceptance of the DEPARTMENT, or December
30, 2019, whichever occurs first.
9. 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.
10. This Agreement is governed by and construed in accordance with the laws of the State of
Florida.
11. 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.
Page 4
12. 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.
13. 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: Norma Corredor
With a copy to: Robert Lopes, P.E.
A second copy to: Office of the General Counsel
If to the PARTICIPANT:
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33469
Attn: Michael Couzzo
With a copy to: Village's Attorney
*******
The remainder of this page is blank intentionally
Page 5
iN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes
specified herein. [Authorization has been given to enter into and execute this Agreement by Resolution
No , hereto attached.]
THE VILLAGE COUNCIL OF THE STATE OF FLORIDA
VILLAGE OF TEQUESTA DEPARTMENT OF TRANSPORTATION
BY: BY:
TITLE: TITLE: DIRECTOR OF TRANSP. DEVELOPMENT
Print Name: Print Name: STACY L. MILLER, P.E.
Date:
ATTEST: LEGAL REVIEW:
TITLE: Village Clerk
Print Name: Lori McWilliams, MMC BY:
OFFICE OF THE GENERAL COUNSEL
Approved as to Form and Legal Sufficiency APPROVED:
BY:
TITLE: BY:
Print Name: DISTRICT PROG. MANAGEMENT ADMINISTRATOR
Page 6
Exhibit A
Scope of Services
FM# 428718-1-52-03
The Project along SR-5/US-1 shall include, but is not limited to the following services:
• A right turn lane will be constructed at the Tequesta Shoppes driveway. Widening
and harmonization will be required to accommodate the right turn lane and buffered
bicycle facility.
• Relocation/replacement of existing curb inlet impacted by the construction of the turn lane.
• Changes to signing and pavement markings as required to accommodate the turn lane.
• A right turn lane will be constructed at the St. Jude Catholic Church driveway. Widening
will be required to accommodate the right turn lane and buffered bicycle facility.
• Relocation/replacement of existing curb inlet impacted by the construction of the tum lane.
• Changes to signing and pavement markings as required to accommodate the tum lane.
Page 7