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RESOLUTION NO. 2003 -141
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING EXECUTION OF A JOINT
PARTICIPATION AGREEMENT FOR RECONSTRUCTION
OF US -1 FROM S. RELIEF CANAL TO N. OF INDIAN
RIVER BOULEVARD
WHEREAS, the State of Florida Department of Transportation and Indian River
County desire to facilitate the reconstruction of US -1 from South Relief Canal to North of Indian
River Boulevard; 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
Joint Participant 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 Joint Participation Agreement for the aforementioned project.
The foregoing resolution was offered by Commissioner Adams who moved its
adoption. The motion was seconded by Commissioner Ginn and, upon being put to a vote, the
vote was follows:
Kenneth R. Macht, Chairman Aye
Caroline D. Ginn, Vice Chairman Aye
Fran B. Adams, Commissioner Aye
Thomas S Lowther, Commissioner Aye
Arthur R. Neuberger, Commissioner Aye
The Chairman thereupon declared the resolution passed and adopted this 4th
day of November, 2003.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY FLORIDA
neth R. Macht, Chairman
Attes
ISeffriey K., Barten, Clerk
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FM No: 228583-3-58-01
FEID No: VF -596-000-67X
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, entered into this 3 day of bEzEi i3C.2 200.3, by and between the State of
Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County,
State located at 1840 25th Street, Vero Beach, Florida 32960 hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make
certain improvements in connection with State FM Number 228583-3-58-01 for the Reconstruction of US -1
from S. Relief Canal to N of Indian River Boulevard in Indian River County, Florida. Refer to Exhibit "A"
of this Agreement for a detailed Scope of Services; 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 PARTICIPANT to perform such activities; and,
WHEREAS, the PARTICIPANT by Resolution No. 3.141 adopted on November 4 , 2003 , 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 PARTICIPANT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards.
3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other
data and information pertaining to the Project available to the PARTICIPANT at no extra cost.
4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for
additional work for the Project. The PARTICIPANT will make best efforts to obtain the
DEPARTMENT input in its decisions.
5. The DEPARTMENT agrees to pay the PARTICIPANT for the services described in Exhibit "A"
of this agreement. The total DEPARTMENT participation for this project is estimated to be
ONE HUNDRED FOUR THOUSAND NINE HUNDRED TEN DOLLARS ($104,910.00) which
is 25% of the estimated construction cost. In accordance with the Scope of Services,
described in Exhibit "A", the DEPARTMENT will provide to the PARTICIPANT a one-time
Lump Sum amount not to exceed ONE HUNDRED FOUR THOUSAND NINE HUNDRED TEN
DOLLARS ($104,910.00). If the actual cost of the DEPARTMENT'S participation is greater
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than the estimated ONE HUNDRED FOUR THOUSAND NINE HUNDRED TEN DOLLARS
($104,910.00), the PARTICIPANT will be responsible for the overruns in the cost of the project.
6. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement
of the provisions of this AGREEMENT the PARTICIPANT shall pay the DEPARTMENT'S
reasonable attorney fees and court costs if the DEPARTMENT prevails.
7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases
of the Project, the AGREEMENT may be amended to identify the respective responsibilities
and the financial arrangements between the parties.
8. 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.
9. 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 is completed as evidenced
by the written acceptance of the DEPARTMENT or November 30, 2005, whichever occurs
first.
10. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the Department of Financial Services under Section 215.422(14),
Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida
Statutes.
11. If this AGREEMENT involves units of deliverables, then such units must be received and
accepted in writing by the Project Manager prior to payments. The DEPARTMENT will render a
decision on the acceptability of services within 10 working days of receipt of a progress report.
The DEPARTMENT reserves the right to withhold payments for work not completed, or work
completed unsatisfactorily, or work that is deemed inadequate or untimely by the
DEPARTMENT. Any payment withheld will be released and paid to the PARTICIPANT
promptly when work is subsequently performed.
12. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
13. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the
Department's Travel Form No. 300-000-01 and will be paid in accordance with Section
112.061, Florida Statutes.
14. PARTICIPANTS providing goods and services to the DEPARTMENT should be aware of the
following time frames Upon receipt, the DEPARTMENT has (10) ten working days to inspect
and approve the goods and services. The DEPARTMENT has 20 days to deliver a request for
payment (voucher) to the Department of Financial Services. The 20 days are measured from
the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
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15. If a payment is not available within 40 days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition
to the invoice amount, to the PARTICIPANT. Interest penalties of less than one (1) dollar will
not be enforced unless the PARTICIPANT requests payment. Invoices that have to be returned
to a PARTICIPANT because of PARTICIPANT preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the DEPARTMENT.
16. 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 payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial
Services's Hotline, 1-800-848-3792.
17. Records of costs incurred under the 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
includes the PARTICIPANT 'S general accounting records and the project records, together
with supporting documents and records, of the contractor and all subcontractors performing
work on the project, and all other records of the Contractor and subcontractors considered
necessary by the DEPARTMENT for a proper audit of costs.
18. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS
($25,000.00) and a term for a period of more than one year, the provisions of Section
339.135(6)(a), Florida Statutes, are hereby incorporated:
"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 such 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."
19. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the
Florida Legislature.
20. 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.
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21. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to indemnify,
defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and
suits of any nature arising out of, because of or due to any intentional and/or negligent act or
occurrence, omission, or commission of the PARTICIPANT, its agents, contractors,
subcontractors, consultants, and/or employees, arising out of this contractor the work which is
the subject hereof. It is specifically understood and agreed that this indemnification clause
does not cover or indemnify the DEPARTMENT for its own negligence.
22. This AGREEMENT is governed by and construed in accordance with the laws of the State of
Florida.
23. 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 and conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal dignity
herewith.
24. 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: Leos A. Kennedy, Jr.
With a copy to: John Olson
A second copy to: District General Counsel
If to the PARTICIPANT:
Indian River County
Indian River County Administration Building
Public Works Department
1840 25th Street
Vero Beach, Florida 32960
Attn: Chip Boyette
With a copy to: Attorney
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[ THIS SPACE INTENTIONALLY LEFT BLANK ]
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IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified
herein. [If Local Government: Authorization has been given to enter into and execute this Agreement by
Resolution No. 2003 , hereto attached ]
Indian River County
BY•
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TITLE:
BCC Approved:
CITY CLERK
November 4, 2003
DEPOT$ k'K
APPROVED•&&
BY:
Indian Rive
BY:
RO QUIRO,
DI'ECTOR OF TRANSPOR
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
APPROVED: (AS TO FORM)
BY:_ /j�
DISTICT GENERAL COUNSEC-~
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APPROVED*
BY•' W ..:,„,
County ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR
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Indian River County
Administration
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Exhibit "A"
Scope of Services
US -1 in Indian River County (228583-3)
The scope of the above project is to reconstruct US -1 (SR -5) from the South Relief Canal
to north of 6`h Avenue from a 5 -lane undivided rural section to a 6 -lane divided urban
section. Other areas of major work are as follows:
1. Construct sidewalk on both sides of the roadway.
2. Provided a 4 bike lane on both sides of the roadway.
3. Expand Indian River Blvd. / 4th St. to provide tnple lefts to southbound US -1.
4. Construct mast arm signals at Indian River Blvd. and US -1 intersection.
5. Provide lighting.
6. Provide landscaping.
7. Construct closed drainage system.
The work directly related to the JPA with Indian River County is the expansion of Indian
River Blvd. / 4th Street. The county has a project to expand 4th Street and the railroad
crossing at 4th Street. With the work we are doing we requested that they widen the road
and crossing more than they had anticipated to line up with our expanded intersection.
This extra work is the reason we are entering into a JPA with them.
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•NORTH TO JACKSONVILLE
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FEC R.O.W.
NEW METERS
SERVICE
EXISTING TYPE III, CLASS III WARNING
DEVICES TO BE REMOVED. INSTALL NEW
STANDARD TYPE IV CLASS III WARNING
DEVICES AS SHOWN
NEW
6 X6
o HOUSE
X
...
N
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MAINLINE
INSTALL NEW STANDARD
TYPE 111, CLASS 111
WARNING DEVICES
_Is. FIQER Q .TjQ jINL (EFS
— U.U.G._COMM. LINE WILLIAMSZ
_G. COM. LI
NET ?AOU.G. COMM. LINT AT&T) i
=IT3 rrair cworm S INtJ OPRTN,D
ENCASE
FIBER OPTI LINE
AGE DITCH
FEC R.O.W.
CONCRETE RETAINING
WALL WITH HANDRAIL
NOTE,
LENGTH OF (GATE
((CANT
ATE
(CANT
(GATE
GATE
GATE
1) 40'
1) 38'
2) 40'
2) 34'
3) 10'
4 9'
5 9'
//
//
//
//
//
/
/
/ /
/ /
EXISTING ROADWAY
NOTE CURB & GUTTER, SIDEWALK OR ANY OTHER
MASONRY CONSTRUCTION SHALL NOT BE
CONSTRUCTED WITHIN 15 OF C/L OF TRACK AS
MEASURED PERPENDICULAR TO THE TRACK.
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