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HomeMy WebLinkAbout2002-022 RESOLUTION NO. 2002 .022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM AGREEMENT FOR WIDENING AND RECONSTRUCTION OF OSLO ROAD FROM LATERAL "J" TO 201h AVENUE. WHEREAS, the State of Florida Department of Transportation and Indian River County desire to facilitate the reconstruction and widening of Oslo Road from two (2) lanes to three (3) lanes from Lateral "J"to 201h Avenue including drainage improvements; 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 R. Macht Aye The Chairman thereupon declared the resolution passed and adopted this 16th day of Apri 1 , 2002. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 3ti 13 f °i�-,Ruth M. Stanbridge, Chairman Attest: J ey K: W_ an, Cler IL R\Public Works\Capital Projects\OsloWidenin&Bridges\Resolutions 2002\OsloRd-20thAve.doc Ji Financiai Project No.: 4108491-5801 Catalog of State Domestic Assistance No.: 55009 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM AGREEMENT (Project Administered by County) 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 WBEREAS,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. 410849-1-58-01 for the widening and reconstruction of CR-609/Oslo Road from Lateral"J"to 20t°Avenue,hereinafter referred to as the "PROJECT," in accordance with Section 339.2818,Florida Statutes; and WHEREAS, the COUNTY by Resolution No. 2002-022 dated the_Utbday of Apri 1 . 2nn2 , 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 fiunish the services with which to construct the PROJECT. Said PROJECT consists of widening road from two lanes to three lanes from Lateral "J" to 20te Avenue, including reconstruction of roadway, and installation of drainage. 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 t 4. COMPENSATION AND PAYMENT A. The total estimated project cost is $110,017.00 (ONE HUNDRED TEN THOUSAND SEVENTEEN DOLLARS). The DEPARTMENT will fund 75% of the estimated cost of the PROJECT which is $83,263.00 (EIGHTY-THREE THOUSAND TWO HUNDRED SIXTY THREE 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(3 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 Funds equal to 25%of the project costs plus the remaining portion of the accepted bid amount exceeding the DEPARTTMENT'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. Any provisions for an advance payment are provided in Exhibit"A", attached and made a part of this Agreement. 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 B anking 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 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 S300,000 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 cavy 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 Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee,FL 32302-1450 7. TERNUNATION AND DEFAULT A. This Agreement may be terminated by either party 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 party 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 fiuther 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, IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this 1L.tb day of April , 2002,by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number 2002-022 of the Board on the 16th day of Apri 1 ' 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 ATTEST: (SEAL) BY: J "r-�-�-- - �k 6 ,j T`/ CLERK CHAIRMAN, BOARD OF COUNTY COMMISSIONERS Ruth M. Stanbridge Indian River crnvnty Amroyed E Rate Adminis:aii�•c �� � CO. Air.jnv! Risk M inagemert d o� 02partmt,nt t j_ S Oivision 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