HomeMy WebLinkAbout2006-020RESOLUTION NO. 2006- 020
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A
COUNTY INCENTIVE GRANT PROGRAM AGREEMENT FOR 66th AVENUE FROM
16TH STREET TO SR60 AND 16TH STREET FROM 74TH AVENUE TO 66TH AVENUE,
FM #: 419668-1-48-01; 419668-1-58-01.
WHEREAS, the construction of 66th Avenue from 16th Street to SR60 and 16th Street
from 74th Avenue to 66th Avenue is an Indian River County priority project; and
WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide
funds to pave a portion of the cost for construction of 66th Avenue from 16th Street to SR60 and
16th Street from 74th Avenue to 66th Avenue under the County Incentive Grant Program; and
WHEREAS, the Indian River County Board of County Commissioners is responsible for
paying 50 percent of the cost of the project costs as its portion of the required local match.
NOW THEREFORE, BE IT RESOLVED, that the Indian River County Board of
County Commissioners:
1. Approves the State of Florida Department of Transportation and Indian River
County County Incentive Grant Program Agreement to construct 66th Avenue
from 16th Street to SR60 and 16th Street from 74th Avenue to 66th Avenue; and
2. Authorizes the Chairman to execute the County Incentive Grant Program
Agreement; and
3. Directs the Indian River County Public Works Director to transmit the executed
County Incentive Grant Program Agreement to the Florida Department of
Transportation.
THIS RESOLUTION was offered by Commissioner Lowther who
moved its adoption. The motion was seconded by Commissioner Davi s , and
upon being put to a vote, the vote was as follows:
Chairman Arthur R. Neuberger Aye
Vice -Chairman Gary C. Wheeler
Commissioner Thomas S. Lowther
Commissioner Wesley S. Davis Aye
Commissioner Sandra L. Bowden Absent
Page 1 of 2
F:\EngineeringVWilliams\resolutions\Roseland Rd. FDOT Co Incentive Agreement, BCC Resolution-2-21-06.doc
Ay e
Ay e
RESOLUTION NO. 2006- 020
The Chairman thereupon declared the resolution duly passed and adopted this 21st day
of February ,2006.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Arthur R. Ne . - :er, Chairm
Attest: - `•..``, t\c=\,12......-X i yam.. •C-•
Jeffrey K..Barton, Clerk of Court
✓Deputy Clerk . -.•
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County to take acknowledgements, personally appeared Arthur R. Neuberger, as
Chairman of the Board of County Commissioners, and 'Rte- e — lRcli=••r••.-s , Deputy
Clerk, to me known to be the persons described in and who executed the foregoing instrument
and they acknowledged before me that they executed the same.
WITNESS my hand and official seal on the County and State last aforesaid this
day of February , A.D., 2006.
APPROVED AS TO LEGAL SUFFIECIENCY
B
William G. tIollins,; bounty Attorney
APPROVED AS TO PUBLIC WORKS DEPARTMENT MATTERS
By:
21st
Notary Publ
e..."Y .'''% Kimber E. Massun
R'' : '1✓0: N J
:. r!� '._ MY COMMISSION # DD216503 EXPIRES
July 15, 2007
BONDED THRU TROY FAIN INSURANCE, INC
W. Davis, P.E., Public Works Director
Page 2 of 2
F:\Engineering\JWilliams\resolutions\Roseland Rd. FDOT Co Incentive Agreement, BCC Resolution-2-21-06.doc
Catalog of State Financial Assistance No. 55.008
Contract No.:
Firtartcial Project No.:419668-1-48/58-01
COUNTY: INDIAN RIVER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
COUNTY INCENTIVE GRANT PROGRAM AGREEMENT
(County Letting)
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 County Incentive Grant Program has been created by Section 339.2817,
Florida Statutes, to provide grants to counties to improve a transportation facility which is located on
the State Highway System or which relieves traffic congestion on the. State Highway System; and
WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the
eligibility requirements of said Section 339.2817, Florida Statutes; and
WHEREAS, the DEPARTMENT is Willing to provide the COUNTY with financial
assistance under Financial Project No: 419668448=01 & 4196684,L58-01 fdr THE ACQUISTION
OF RIGHT-OF-WAY AND NEW CONSTRUCTION OF 667, AVENUE, FROM16TH
STREET .TO, SR -60, hereinafter referred to as the "PROJECT," in accordance with Section
339.2817, Florida Statutes; and
WHEREAS, the COUNTY by Resolution No. 2006-020 dated the 21 s tday of
February , 2006,2 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 -SERVICES AND PERFORMANCE
A. The COUNTY shalltUrnish the services with Whioli to conStrUtt the PROJECT. Said
PROJECT consists of: DESIGN, RIGHT —OF -WAY ACQUISITION, CONSTRUCTION, &
CONSTRUCTION, INSPECTION, ENGINEERING (CEI)SERVICES. '
Bi- The COUNTY agi-ees to undertake the construction of the in accordance
with all 'aPPliCablefederal; state and ideal Statutes; rules arid regulatibna; and standards. The
COUNTY shall be restiOnsiblefor obtaining'clearances/permits required for the construction of the
PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the
COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in
accordance with the applicable standards, statutes, rules and regulations in writing.
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. COUNTY shall provide
the DEPARTMENT with quarterly progress reports.
D. i) For proj ects located on the State Highway System, She DEPARTMENT must
approve any consultant and/or contractor scope of services including proj ect budget. The COUNTY
shall obtain DEPARTMENT approval ofplans and specifications prior to bidding the project. This
provision applies only to projects Flocated on the State Highway System.
ii) 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 DEPARTMENT as required by Section 2 of the Standard
Specifications for Road and Bridge Construction (2000), as amended.
E. The COUNTY shall not sublet, assign, or transfer any work under this Agreement
without the prior written consent of the DEPARTMENT.
F. All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
TO COUNTY:
Leos A. Kennedy, Jr.
Mr. Christopher J. Kafer, Jr., P.E., County Engineer
Florida.Department of Transportation
Indian River County- Public Works, Engineering Div.
3400 W. Commercial Blvd.
1840 256 Street
Fort Lauderdale, FL 33309
Vero Beach, FL 32960-3365
2 -TERM
A. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and
be binding to both the COUNTY and the DEPARTMENT until the Project is completed as
evidenced by the written acceptance of the DEPARTMENT or June 30, 2007, whichever occurs
first.
B. This Agreement shall not be renewed. Any extension shall be in writing and executed
by both parties, and shall be subject to the same terms and conditions set forth in this Agreement.
3 -COMPENSATION AND PAYMENT
A. The parties agree that the,estimated total project costs are -ONE MILLION TWO
HUNDRED THIRTY THREE THOUSAND ;TWO HUNDRED. DOLLARS
($1,233,200.00). The parties further agree that the DEPARTMENT'S maximum
participation is SIX HUNDRED SIXTEEN THOUSAND SIX HUNDRED
2 OF 9
DOLLARS ($616,600.00) and all remaining costs of the project will be borne by
the COUNTY.
Breakdown of Fundin
g
Right- Of -Way Acquisition
(419668-1-48-01)
Construction & CEI Services
(419668-58-01)
$203,300.00
$413,300.00
TotalDepartment Participation $616;600.00
,i) The COUNTY, shall submit pile :invoice (4 copies) plus supporting documentation
required by the DEPARTMENT to the Project Manager for approval and processing:
- monthly, or
XX. - quarterly, or
- once the PROJECT has been accepted by the COUNTY and approved by the
DEPARTMENT. •
ii) Any provisions for an advance payment are provided in. an Exhibit, attached to this
agreement.
iii) , In the event the COUNTY proceeds with the right-of-way acquisition, construction,
and construction engineeringinspection services,,.(CEI) of the PROJECT with its own forces, the
COUNTY will only be reimbursed for direct costs (this excludes general and administrative
overhead).
iv) 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.
B Payment shall be made only,after receipt and approval of goods and services unless
advance payments are authorized by the DEPARTMENT'SComptroller under Section 334.044
(29), Florida Statutes.
C. If this Agreement involves units of deliverables, then such units must be received and
accepted in writing by the Contract Manager prior to payments.
D. 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.
E. . The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
F. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
G. Travel costs will not be reimbursed.
H. A Vendor Ombudsman has been established within the Department of Financial
Services. 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 maybe contacted at (850) 410-9724 or by calling the Department of Financial Service's
Hotline, 1-800-848-3792.
I. 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 five years after final payment is made. Copies of these documents and records shall be
furnished to the DEPARTMENT upon request. Records of costs incurred includes 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.
J. 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; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of
TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more
than one year.
K. It is unlawful for the board of county commissioners to expend or contract for the
expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as
provided herein, and in no case shall the total appropriations of any budget be `exceeded, except as
provided in s. 129:06; and any indebtedness contracted for any purpose against either of the funds
enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of
said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for
the collection of same; and the members of the board of county commissioners voting for and
contracting for such amounts and the bonds of such members of said boards also shall be liable for
the excess indebtedness so contracted for. Section 129.07, Florida Statutes.
L. 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 froth the date of being placed on the convicted
vendor list.
4 -INDEMNITY AND INSURANCE
4 OF 9
A. i) To the extent allowed by law, the COUNTY shall indemnify, defend, and
hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim,
loss, damages, cost, charge, or expense arising out of act, error, omission, or negligent act by the
COUNTY, its agents, or employees, during the performance of the Agreement, except that neither
the COUNTY; its agents, or its employees will be liable under this paragraph for any claim, loss,
damages, cost, charge, or expense arising out of act, error, omission, or negligent act by the
DEPARTMENT, or any of its officers, agents, or employees, during the performance of the
Agreement.
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 t� include the following indemnification in all contracts
with contractors, subcontractors, consultants and subconsultants, who perform work in connection
with this Agreement:
" The contractors, subcontractors, consultants, and/or subconsultants, 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 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 INSUJRANCE. The COUNTY shall carry and keep in force during the
period of this Agreement `a general liability 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 $300,000 each occurrence, and property damage insurance
of at least $50,000 each occurrence,, for the services to be, rendered in accordance with this
Agreement However, in the event the COUNTY maintains a self-insurance fund to cover such
liability, the COUNTY agrees to maintain sufficient reserves in the fund to pay the above-described
liability limits. In addition to any other forms of insurance or bonds required under the terms of this
Agreement, the COUNTY must comply or cause its contractor to comply with Section 7-13 of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2000), as amended.
C. WORKERS' COMPENSATION: The COUNTY shalt also carry and keepin force
Workers' .Compensation.insurance as required for the State of Florida under the Workers'
Compensation Law.
5 -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.
of 0
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 agents,
employees, contractors, subcontractors, consultants, and/or subconsultants are not_ agents of the
DEPARTMENT as a result of this Agreement for purposes other thaja 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 the recipient expends a total amount of State awards (i.e., State financial assistance
provided to the recipient to carry out a State project) equal to or in excess of $500,000 in any fiscal
year of such recipient, the recipient must have a State single or project -specific audit for such fiscal
year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of
the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General.
In connection with the audit requirements addressed in the paragraph above, the recipient shall
ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This
includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and
Chapter 10.600, Rules of the Auditor General.
If the recipient expends less than $500,000 in State awards in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that
the recipient expends less than $500,000 in State awards in its fiscal year and elects to have an audit
conducted iii accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from non -State funds (i.e., the cost of such an audit must be paid from recipient funds
obtained from other than State entities).
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 FDOT office, by the recipient, within 30` days of receiving it. The afore
mentioned items are to be received by the appropriate FDOT 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 5 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 FDOT, the Comptroller, and the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
6 OF 9
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
Room 401, Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
6 -TERMINATION AND DEFAULT
The DEPARTMENT may terminate this Agreement, upon sixty (60)%days written notice, at any
time the interest of the DEPARTMENT requires such termination, as follows:
A. If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the
Agreement, or (b) notifying the COUNTY of the deficiency with arequirement that the deficiency
be corrected within a specified time, otherwise the Agreement will be terminated at the end of such
time; or (c) taking whatever action is deemed appropriate by the DEPARTMENT.
B. If the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of
such termination, with instructions. to the effective date of termination or specify the stage of work at
which the Agreement is to be terminated.
C. If the Agreement is terminated before performanceis completed, the COUNTY shall
be paid only for that work satisfactorily performed for which costs can be. substantiated. Such
payment, however, may not exceed an amount which is the same percentage of the contract price as
the amount of work satisfactorily completed is a percentage of the total work called for by this
Agreement. All work in progress will become the property of the DEPARTMENT and will be
turned over promptly by the COUNTY.
7 -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 other
than the COUNTY.
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 exists 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
Broward County; Florida.
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 as evidenced by the written
acceptance of the DEPARTMENT or June 30, 2007, whichever occurs first or terminated in
accordance with Paragraph 6.
H. An entity or affiliate which 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.
IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf
this 21 day of February , 2006 , by the Chairman of the Board of Commissioners, authorized
to enter into and execute same by Resolution Number2006-020 of the Board on the 21 day of
February 2006 ; and the DEPARTMENT has executed this Agreement through its District
Secretary for District - , Florida Department of Transportation, this day of
..,J.1/F...../l..l,........F.............I,....F/.Il.....,...n..........,tl..._....II,....:...:............It..J....... fJn...../.,F , n../ 1.. :.
v,ilgib 1.• MAW: .014:MIMWIett,:er..t."1/1/111/1.....ItitkeS/Iitg.+1,14,1/1.Volitqlllili.W.Wellgie:
INDIAN RIVER COUNTY, FLORIDA
ATTEST:. `"°1 ' '1''`".-iSEAL)
J.LERK
APPROVED AS TO FORM
AND L A S IC14 C
BY
WILLIAM K. DE=RAAL
ASSISTANT COUNTY ATTORNEY
CHAIRMAN, BOARD OF
COUNTY COMMISSIONERS
8 OF 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST: (SEAL) BY.
EXECUTIVE SECRETARY DIRECTOR OF TRANSPORTATION
DEVELOPMENT
DISTRICT
DOT Legal Review:
Availability of Funds Approval:
(Date)
9 of 9