HomeMy WebLinkAbout2002-023 RESOLUTION NO. 2002 .023
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING EXECUTION OF A SMALL
COUNTY OUTREACH PROGRAM AGREEMENT FOR
MILLING, RESURFACING AND PAVED SHOULDER
CONSTRUCTION ON CR 512 FROM SR 60 TO
FELLSMERE FARMS.
WHEREAS, the State of Florida Department of Transportation and Indian River
County desire to facilitate the milling, resurfacing and paved shoulder construction on CR 512;
and
WHEREAS, the State of Florida, Department of Transportation, has requested
Indian River County execute and deliver to the State of Florida, Department of Transportation, a
Small County Outreach Program Agreement for the aforementioned project;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board of
is hereby authorized to make, execute, and deliver to the State of Florida, Department of
Transportation, a Small County Outreach Program Agreement for the aforementioned project.
The foregoing resolution was offered by Commissioner Adams
who moved its adoption. The motion was seconded by Commissioner Gi nn
and, upon being put to a vote, the vote was follows:
Chairman Ruth M. Stanbridge Aye
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Caroline D. Ginn Aye
Commissioner Kenneth A.,Maoht Aye
The Ch 'mai #*reppon declared the resolution passed and adopted this 16th
day of April -,2002.
s
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
Ruth M. Stanbridge, Chairman
C'.;
Aft t: X ILA
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Jeffrey K. Barfc�r . ;lerk �l •�.
FAPublic Works\Capital Projects\OsloWidenin&Bridges\Resolutions 2002\CR512-SR60-FELLSMEEREFARMS.doc
Financiai Project No.: 4108501-5801
Catalog of State Domestic Assistance No.: 55009
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SMALL COUNTY OUTREACH PROGRAM AGREEMENT
(Project,4dministered by Counry)
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the 'DEPARTMENT", and INDIAN RIVER
COUNTY, hereinafter referred to as the "COUNTY".
WITNESSETH
WHEREAS, the DEPARTMENT has the authority, under Section 334.044,Florida Statutes,
to enter into this Agreement; and
WHEREAS, the Small County Outreach Program has been created by Section 339.2818,
Florida Statutes, to provide funds to counties to assist small governments in resurfacing or
reconstructing county roads or in constructing capacity or safety improvements to county roads; and
WHEREAS,the COUNTY has certified to the DEPARTMENT that it has met the eligibility
requirements of said Section 339.2818, Florida Statutes; and
WHEREAS,the DEPARTMENT is willing to provide the COUNTY with financial
assistance under Financial Project No. 410850-1-58-01 for the milling, resurfacing and paved
shoulder construction of CR 512/Fellsmere Road from SR-60 to Fellsmere Farms,
hereinafter referred to as the"PROJECT,"in accordance with Section 339.2818,Florida Statutes;
and
WHEREAS, the COUNTY by Resolution No. 2002-023 dated the 16th day of
Apr i 1 , 2002 , a copy of which is attached hereto and made a part hereof, has
authorized the Chairman of its Board of Commissioners to enter into this Agreement.
NOW,THEREFORE,in consideration of the mutual covenants,promises, and representations
contained herein, the parties agree as follows:
1. All recitals previously set forth are true and correct and are deemed to be restated herein.
2. SERVICES AND PERFORMANCE
A. The COUNTY shall furnish the services with which to construct the PROJECT. Said
PROJECT consists of: milling and resurfacing of roadway and paved shoulder construction.
B. The COUNTY shall be responsible for the construction of the PROJECT in accordance with
all applicable federal, state and local statutes,rules and regulations, including COUNTY'S standards
and specifications. The COUNTY shall be responsible for obtaining clearances/permits required for
the construction of the PROJECT from the appropriate permitting authonties. upon completion of.
the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been
completed in accordance with the COUNTY'S standards and specifications.
C. The DEPARTMENT will be entitled at all times to be advised- at its request. as to the status
of work being done by the COUNTY and of the details thereof. Coordination shall be maintained
by the COUNTY with representatives of the DEPARTMENT.
D. The DEPARTMENT must approve any consultant and/or contractor scope of services prior
to advertising by the COUNTY. The DEPARTMENT'S approval must be obtained before selecting
any consultant and/or contractor for the PROJECT. The COUNTY must certify that the consultant
has been selected in accordance with the Consultants' Competitive Negotiation Act(Section 287.055,
Florida Statutes). Contractor must be pre-qualified by the DEPAR'Tl'V ENT as required by Section
2 of the Standard Specification for Road and Bridge Construction(2000), as amended.
E. The COUNTY shall not sublet, assign or transfer any work under this Agreement without
prior written consent of the DEPARTMENT.
F. All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT: TO COUNTY:
Morteza Alian,P.E. Michelle Gentile, Asst. Supt.
District Consultant Project Mmgt. Engin. Indian River County
3400 W. Commercial Blvd. Road and Bridge Division
Ft. Lauderdale, FL 33309 4550 41s' Street
Vero Beach, FL 32967
3. TERM
A. The COUNTY shall commence the PROJECT activities subsequent to the execution of this
Agreement and shall perform in accordance with the following schedule:
a) Design to be completed on or before November 2002
b) Construction contract to be let on or before February 2003
C) Construction to be completed on or before February 2004
B. Any extension of this Agreement shall be in writing and executed by both parties, and shall
be subject to the same terms and conditions set forth in this Agreement.
4. COMPENSATION AND PAYMENT
A. The total estimated project cost is $787,751.00. The DEPARTMENT will fund 75% of the
estimated cost of the PROJECT or$590,813.00(FIVE HUNDRED NINETY THOUSAND EIGHT
HUNDRED THIRTEEN DOLLARS. If the bid awarded by the COUNTY exceeds the estimate.
the DEPARTMENT will participate in 75% of the bid up to 110% of the estimate. The
COUNTY agrees to bear all expenses in excess of the DEPARTMENT'S participation.
B. The COUNTY shall submit one invoice(5 copies)plus supporting documentation required by
the DEPARTMENT to the Project Manager for approval and processing:
X monthly
C. The COUNTY'S matching participation is in the form of:
X Combination of funds and in-kind services equivalent to 25%of the project costs plus
the remaining portion of the accepted bid amount exceeding the DEPARTMENT'S
participation.
D. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the DEPARTMENT'S Comptroller under Section 334.044 (29),Florida
Statutes.
E. The COUNTY will only be reimbursed for direct costs (this excludes general and
administrative overhead). All costs charged to the PROJECT shall be supported by properly executed
payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and
propriety of the charges. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof. Bills for travel expenses
specifically authorized by this Agreement shall be submitted and paid in accordance with Section
112.061, Florida Statues.
F. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under
this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by
the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT.
G. The COUNTY must submit the final invoice to the DEPARTMENT within 180 days after the
final acceptance of the project. Invoices submitted after the 180-day time period will not be paid.
H. The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
I. The COUNTY providing goods and services to the DEPARTMENT should be aware of the
following time frames. Upon receipt, the DEPARTMENT has five (5)working days to inspect and
approve the good and services, unless the Agreement specifies otherwise. The DEPARTMENT has
20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The
20 days are measures from the latter of the date the invoice is received or the goods or services are
received, inspected and approved. If payment is not available within 40 days a separate interest
penalty at a rate as established pursuant to Section 215.422 (3)(b),Florida Statutes,will be due and
payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1)
dollar will not be enforced unless the COUNTY requests payment. invoices which have to be returned,
to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The
invoice payment requirements do not start until a property completed invoice is provided to the
DEPARTMENT.
J. A Vendor Ombudsman has been established within the Department of Bankina and Finance.
The duties of this individual include acting as an advocate for contractors/vendors who may be
experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman
may be contacted at(850)410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792.
K. Records of costs incurred under 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 include the COUNTY'S general
accounting records and the project records, together with supporting documents and records of the
COUNTY and all subcontractors performing work on the project, and all other records of the
COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs.
L. 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 or written,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 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.
M. A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity,may not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work,may not submit bids on leases of real property to a public entity,may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months
from the date of being placed on the convicted vendor list.
N. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work,may not submit
bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity.
0. Any unexpended funds remaining at the conclusion/termination of this Agreement shall be
returned to the Department within 30 days of the completion/termination of the project.
5. INDEMNITY AND INSURANCE
A. i) To the extent allowed by Section 768.28,Florida Statutes, the COUNTY hereby agrees
to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or
employees from all suits, actions,claims,demands, liabilities of any nature whatsoever arising out of,
because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees,
contractors/subcontractors, consultants/sub-consultants or due to any negligent or intentional act or
occurrence of omission or commission of the COUNTY, its officers, agents, employees,
contractors/subcontractors, consultants/sub-consultants. Neither COUNTY nor any of its officers,
agents, employees, contractors/subcontractors, consultants/sub-consultants will be liable under this
section for the negligence of the DEPARTMENT or any of its officers, agents or employees.
ii) When either party receives notice of claim for damages that may have been caused by
the other party in the performance of services required under this Agreement, that party will
immediately forward the claim to the other party. Each party will evaluate the claim, and report its
findings to each other within fourteen(14)working days and jointly discuss options in defending the
claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right
herein.
iii) The COUNTY agrees to include the following indemnification in all contracts with
contractors/subcontractors, consultants/sub-consultants, who perform work in connection with this
Agreement:
"The contractor/consultant shall indemnify, defend,save and hold harmless the DEPARTMENT and
all of its officers,agents or employees from all suits, actions, claims, demands,liability of any nature
whatsoever arising out of, because of, or due to any negligent or intentional act or occurrence of
omission or commission of the contractor, its officers, agents or employees. Neither the
contractor/consultant,nor any of its officers, agents or employees will be liable under this section for
damages arising out of injury or damage to persons or property directly caused or resulting from the
sole negligence of the DEPARTMENT or any of its officers, agents or employees."
B. LIABILITY INSURANCE: The COUNTY shall carry and keep in force during the period of
this Agreement a general liability insurance policy or policies with a company or companies
authorized to do business in Florida, affording public liability insurance with combined bodily injury
limits of at least$100,000 per person and 5300,000 each occurrence, and property damage insurance
of at least$50,000 each occurrence,for the services to be rendered in accordance with this Agreement.
In addition to any other forms of insurance or bonds required under the terms of the agreement,when
it includes construction within the limits of a railroad right-of-way, the COUNTY must provide or
cause its contractor to provide insurance coverage in accordance with Section 7-13 of the
DEPARTMENT'S Standard Specification for Road and Bridge Construction(2000), as amended.
C. WORKER'S COMPENSATION: The COUNTY shall also carry and keep in force Worker's
Compensation insurance as required for the State of Florida under the Worker's Compensation Law.
6. COMPLIANCE WITH LAWS
A. The COUNTY shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119,Florida Statutes, and made or received by the COUNTY in
conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be
grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT.
B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable
to the work or payment for work thereof, and shall not discriminate on the grounds of race, color,
religion, sex or national origin in the performance of work under this Agreement.
C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature,
the judicial branch,or a state agency.
D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and
subcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposes other
than those set out in Section 337.274, Florida Statutes.
E. Recipients of state funds are to have audits done annually using the following criteria.
State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and
number. award number and year, and name of the awarding state agency.
In the event that a recipient expends $300,000 or more in State awards during its fiscal year,the
recipient must have a state single or program specific audit conducted in accordance with Section
215.97, Florida Statutes, and Chapter 10.600,Rules of the Auditor General.
If a recipient expends less than$300,000 in State awards during its fiscal year, an audit conducted
in accordance with Section-215.97,Florida Statutes, and Chapter 10.600,Rules of the Auditor
General is not required. If a recipient expends less than$300,000 in State awards during its fiscal
year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and
Chapter 10.600,Rules of the Auditor General, the cost of the audit must be paid from non-State
funds.
Reporting Packages and management letters generated from audits conducted in accordance with
Section 215.97, Florida Statutes, and Chapter 10.600,Rules of the Auditor General shall be
submitted to the awarding DEPARTMENT office,by the recipient,within 30 days of receiving it.
The afore mentioned items are to be received by the appropriate DEPARTMENT office no later
than 9 months after the end of the recipient's fiscal year.
The recipient shall follow up and take corrective action on audit findings. Preparation of a
summary schedule of prior year audit findings, including corrective action and current status of the
audit finding is required. Current year audit findings.require corrective action and status of
finding.
Project records shall be retained and available for at least 3 years from the date the audit report is
issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the
action is completed or the dispute is resolved. Access to project records and audit workpapers
shall be given to the DEPARTMENT,the Office of the Comptroller, and the Office of the Auditor
General.
The recipient shall submit required audit documentation as follows:
A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida
Statutes, and Chapter 10.600,Rules of the Auditor General shall be sent to:
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee,FL 32302-1450
7. TERMINATION AND DEFAULT
A. This Agreement may be terminated by either patty upon default by the other parry. Further,
this Agreement may be terminated by the DEPARTMENT in whole or in part at any time the interest
of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek
termination or cancellation of this Agreement in the event the COUNTY shall be placed in either
voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or
cancel this Agreement in the event an assignment is made for the benefit of creditors.
B. If the Agreement is terminated before performance is completed, the COUNTY shall be paid
75% of the work satisfactorily performed for which costs can be substantiated. Within 30 days,the
COUNTY shall refund to the DEPARTMENT the amount of payment received for the PROJECT
which exceeds 75%of the COUNTY'S costs for the portion of the PROJECT completed.
8. MISCELLANEOUS
A. All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall
extend to and include all genders.
B. The DEPARTMENT shall not be obligated or liable hereunder to any party not a patty to this
Agreement.
C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY
constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default
which may then exist, on the part of the COUNTY, and the making of such payment by the
DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any
right or remedy available to the DEPARTMENT with respect to such breach or default.
D. 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 or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of
competent jurisdiction or by any other legally constituted body having the jurisdiction to make such
determination, the remainder of this Agreement shall remain in full force and effect provided that the
part of this Agreement thus invalidated or declared unenforceable is not material to the intended
operation of this Agreement.
F. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County,
Florida, or as otherwise agreed to by the parties.
G. This Agreement shall be effective upon execution by both parties and shall continue in effect
and be binding on the parties until the PROJECT is completed and accepted and payment made by the
DEPARTMENT.
[THIS SPACE INTENTIONALLY LEFT BLANK]
TI
WITNESS WHEREOF,the COUNTY has caused this Agreement to be executed in its behalf this
16thday of Aori 1 , 2002,by the Chairman of the Board of Commissioners, authorized to
enter into and execute same by Resolution Number 2002_021 of the Board on the i ht.h day
of April , 2002, and the DEPARTMENT has executed this Agreement through its
District's Director of Administration, District Four,Florida Department of Transportation, this_day
of , 2002. The effective date of this AGREEMENT shall be the
execution date by the DEPARTMENT as stated on Page 1 of this AGREEMENT.
INDIAN RIVER COUNTY, FLORIDA
c - ns -,s.
Al .•�ra
TTE (SEAL) BY:
CLERK l CHAIRMAN,BOARD OF
COUNTY COMMISSIONERS
Ruth M. Stanbridge
Indian River County Apnrc t
Administration Z '
Budget
Co.Attorney
Risk Management
Department
Division
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST: (SEAL) BY:
EXECUTIVE SECRETARY DIRECTOR OF ADMINISTRATION
DISTRICT FOUR
APPROVED: (As to Form)
BY:
DISTRICT GENERAL COUNSEL
APPROVED:
BY:
PROFESSIONAL SERVICES
ADMINISTRATOR