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HomeMy WebLinkAbout2006-021RESOLUTION NO. 2006- 021 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 SMALL COUNTY OUTREACH PROGRAM AGREEMENT FOR ROSELAND ROAD RECONSTRUCTION. WHEREAS, the reconstruction of Roseland Road from CR512 to U.S.1 is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for reconstruction of Roseland Road under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 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 Small County Outreach Program Agreement to reconstruct Roseland Road; and 2. Authorizes the Chairman to execute the Small County Outreach Program Agreement; and 3. Directs the Indian River County Public Works Director to transmit the executed Small County Outreach Program Agreement to the Florida Department of Transportation. THIS RESOLUTION was offered by Commissioner Davi s who moved its adoption. The motion was seconded by Commissioner Lowther , and upon being put to a vote, the vote was as follows: Chairman Arthur R. Neuberger Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Thomas S. Lowther Aye Commissioner Wesley S. Davis Aye Commissioner Sandra L. Bowden Absent Page 1 of 2 F:\Public Works\Luanne M\Resolutions\Roseland Rd. FDOT SCOP Agreement, BCC Resolution-2-10-06.doc RESOLUTION NO. 2006- 021 The Chairman thereupon declared the resolution duly passed and adopted this 21St day of February , 2006. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: � Q�--� ��.o� w�-(� d� •C—. Jeffrey K. Barton; --Clerk of Court --Deputy Glerk • Arthur R. Neuberg-.•, C airman I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County to take acknowledgements, personally a peared Arthur R. Neuberger, as Chairman of the Board of County Commissioners, and �•.� , 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 21st day of February , A.D., 2006. APPROVED AS TO LEGAL SUFFIECIENCY By: &fJ2J1L William G. Collins, II, County Attorney Notary Publi ;2o;;�y'A�Kimberly E. Massung ' MYCOMMISSION# DD216503 EXPIRES id� ` July 15, 2007 BONDED THRU TROY FAIN INSURANCE, INC APPROVED AS TO PUBLIC WORKS DEPARTMENT MATTERS By: W. Davis, P.E., Public Works Director Page 2 of 2 F:\Public Works\Luanne M\Resolutions\Roseland Rd. FDOT SCOP Agreement, BCC Resolution-2-10-06.doc • l/ 2 Contract"No: Catalog of State Domestic Assistance No.: 55009 Financial Project No.: 419604-1-58-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM AGREEMENT 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. 419.60.4-1-58-01 for Reconstruction of Roseland Road, frorn.CR-512 to:USA, hereinafter; -referred to as the °PROJECT,".,in;accordance with Section 339.2818, Florida Statutes; and :.\WHEREAS, the COUNTY by Resolution'Nb. • 20.06421 `dated the 21 day of Fehruary , 2006 , 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 ofthe mutual covenants, promises, and representations contained herein, the parties agree as follows: 1. SERVICES AND PERFORMANCE A. The COUNTY;shall,fUrnishAha:servicesrmith which to construct the:PROJECT. Said PROJECT consists. of . DESIGN CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION (CEI),SERVICES • B. The:COUNTYshall be responsible. for the, construction of the PROJECT in accordance with all : applicable, federal;, state anct '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 theappropriate permitting authorities. Upon completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT -that, the," PROJECT has<been--completedrin-accordance'with the foregoing standards and Specifications. 1 OF 9 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 written approvalroust be obtained before selecting any consultant and/or contractor for the PROJECT. The COUNTY must certify.that`thecons'ultant has been selected in accordance,with the Consultants' Competitive Negotiation Act (Section 287.055, f lorida Statutes).;. Contractors, must be pre -qualified by the DEPARTMENT 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 TOCQUNTY Leos A. Kennedy; Jr : ' James "W.`Davis P.E. Florida Dept. of Transportation Indian River County 3400 W Commercial Blvd. :: 18:40„25th.Street :, Ft. Lauderdale, Florida 33309 Vero Beach; Florida 32960-3365 A. Except as otherwise' set forth herein; this AGREEMENT shall ;continue .in'.effect and be binding to both the COUNTY and the DEPARTMENT until th`e 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 terns-a'hd conditions set forth in this Agreement. 3. COMPENSATION AND PAYMENT A. The total estimated project cost is ONE MILLION ONE HUNDRED NINETY SEVEN THOUSAND` ,TWO HUNDRED :;.EIGHTY . -EIGHT DOLLARS ,� ($1,197;288.00).” .The DEPARTMENT will fund 75% of the estimated cost of the PROJECT which' is EIGHT HUNDRED NINETY SEVEN THOUSAND NINE HUNDRED SIXTY SIX DOLLARS ($897;966.00), for Construction •-and CEI " services.'' If the bid awarded •by the. COUNTY exceeds the estimate,. the DEPARTMENT will participate' in 75% of the bid,upto 1:10%of:the estimate. The COUNTY agrees to bear all expenses in excess of the DEPARTMENT'S participation: B. ' • "'The COUNTY shall submit one rnvoite (3 copies) rn`.detail°`sufficientfor pre-audif"and post -audit plus supporting documentation required by the DEPARTMENT to the -Project Manager Manager for approval and processing: X monthly, 2 OF 9 C. The COUNTY'S matchingparticipationis in theforrn of X:• Funds equal'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 admihistrative'overhead). All costscharged;to`the PROJECT shall be supported by properly executed payrolls, time records, invoices; contracts or voucheratvidencingin proper detail the nature and: propriety of the charges.« Bills-for:fees or other compensation forservices or expenses shail'be submitted in detail sufficient -for a proper pre -audit and post -audit thereof. Bills for- travel expenses,specificallyauthorized by this Agreement-shallbe 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. amountsufficienttosatisfy:any amount due'andowing to the DEPARTMENT by the COUNTY on anyother Agreement between the COUNTY and the DEPARTMENT. G. The COUNTY must submit''the finalinvoice to. the DEPARTMENT within 180 days after 'the final acceptance of the project: 'Invoice's submittedafter the 180 -day time period will not be paid H. Pursuant to Section 287.0582, the DEPARTMENT'S obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. I. The COUNTY'inproviding goods andservicesto the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5)°working days to inspect and°approve th'e good and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days deliver a request for payment (voucher) to the Department of Financial 'Services. The 20 days are measured front the latterof 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 Tess than one (1)°dollarwill 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 properly completed invoice is provided to the DEPARTMENT: J. A Vendor Ombudsman hat been established Within' the Department of Financial Services. The duties of this individual include acting as an advocate'fbr contractors/vendors who' may be experiencing problems rn obtaining timely payrnents(s): from' a state agency.. The Vendor Ombudsman may be contactedat (850) 410=9724 or by callingthe Department of Financial Service'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 five years after final payment is made. Copies of these documents and 3 OF 9 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..budg.eted as. available,for expenditure. -during such.;fiscal year.:,.. Any contract, verbal orwritten-; made :in violation Of this'su'b"sectio,n.is null:and void,, and no -money may be paid on su.ch,contract.Jhe DEPARTMENT: shall require •a statement from the;Comptrollerof the DEPARTMENTthat are available prior AO entering into.any such contract or other binding cornmitrnent of funds; Nothing herein contained ,shall' prevent the -making. of contracts for periodsexceeding one year, but-an.y.contract so madeshall be executory only for the value of the services to be. rendered or agreed tOT be;=paid forin 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 contractto provide any groods 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 >p:ublic:' entity,.; may; not be; awarded -or perform work asa 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 bidsonleases.of real property to -a public entity, may not be awar=ded 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.. O. Any unexpended funds:. remaining; at the completion, or earlier termination of this Agreement shall;; be ,.returned to the DEPARTMENT. within ;30 days of the completion or earlier termination of the :Agreement.., 4: 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 alt 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, <,ag enfis,employees; _contractors/subcontractors, consultants/sub- consultants or due to any negligent 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, underthis:section for the negligence -of the DEPARTMENT or any of_its officers; agents.or employees. 4 OF 9 When eitherparty>receives notice of claim fordamages' that may:have been caused by'the other'partyin the 'performance'of Services required' under this Agreement; that party will immediately forward the claim to the other party. Each partywill 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 and/or consultant' shall indemnify, defend, save' and hold harmless the DEPARTdema'ndsMl abTitynofd aany nature what never ar s ngll of itS'OffiderS, agents' bi- loyeeS out of r b all suits, -actions, claims, e°caiise of, or due to any negligent act or occurrence of omission or commission of'the contractor and/or consultant, its officers, agents ,.or employees Neither the contractor or 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. DEPARTMENTor any of its officers,, agents: or employees." B. LIABILITY INSURANCE .;The COUNTY shall carry and keep n 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 $300 Qoo each,occurre,nce, and' property:damage, insuranceof at:least $50 000;each occurrence;. for -,the services to be rendered inacco`rdancewiththisAgreement 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°'Constructionk(2000),-as amendecF: C. WORKER'S COMPENSATION The COUNTY shall also carryand keep in force Worker's Compensation insurance -as required for the State of Florida under the Worker's 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 11:9, Florida. Statutes, and;made or received by the COUNTY; in, conjunction with this =Agreement ;Failure by:the,COUNTY to grant such public access shall' begrounds: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 paymentfor work thereof, and shall no t'diseriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this t.; 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, 5 OF 9 agents, contractors, subcontractors, consultants, and/or subconsultants 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 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.ta State ;single or. r: s project -specific audit fouch,fiscal year in accordance with,:Section. 215.97, Florida:, Statutes, applicable rules of the Executive Office of the Go vernor and the Comptroller, and Chapter 10.600, Rules of the Auditor. General In connection with the audit requiremts`enaddressed' 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 1 State awards in`'its°fiscal year, -an audit conducted ih accordance with:the°'provisions=of Section:.215.97,:;Florida:;Statutes, is not required. In the event 'that •the recipient expends less-than$50'0,000 im.State awards in its fiscal year and elects to,have art audit conducted: in° accordance :with ,,the. provisions of Section 21`597, Florida Statutes, the cost:of the audit must be'paid from non-State_funds (i.e., the cost of such an audit•-mustbe:paid 4rom""recipiehtfUnds,.obtained from other than State entities). Reporting ;Packages :and management letters generated from audits conducted in accordance with Section 215.97, F;londa=Statutes, and:Chapter 10 60.0, 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 tare to..be received bythe appropriate.FDOT office no later, than 9 months after the end of: the recip;ient's fiscal year. The recipient shall follow up and take corrective action on audit findings. Preparationof 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.frorn the datethe audit report.is issued Records related' to>unresolvedauditfindings,. appeals; or litigation shall be retained until the action is completedor7the.dispute is resolved :Access to project records and audit workpapers shall be given FDOT, the Comptroller, and the Office-Of'the=Auditor General. Therecipient shall submit required audit documentation asfoliows: A Financial Reporting. Package of audits conducted in. accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rulesof the Auditor General shall be sent to: 6 OF 9 State. of Florida: Auditor -General Attn • Ted ,1 Sauerbeck Room 574, Claude Pepper Building 111 west Madison -Street Tallahassee,FL 32302-1450 6. TERMINATION AND DEFAULT gmayby party upon default bythe other a A. This Agreement be terminated either party. 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 voluntaryor involuntaryihvoluhtary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel Agreement inthe 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% up to 110% of the COUNTY'S costs for the portion of the PROJECT completed. 7. MISCELLANEOUS; . A.. All words,used herein in the singularform shall extend to,and include the:plural..All wordsused -in the;plural form. shall extend"to and•include the singular All words used:in any gender Shall extend to'and .include ge all nder$..; 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 defaultshall exist shall in no way impair or prejudice any right or; remedy available to the DEPARTMENTwith respect to such breach of default: D. This document incorporates and includes all prior negotiations, -correspondence, conversations, agreements,, or understandings.applicableto 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. 7 OF 9 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"thelaws of the State of Florida.:Venue of any judicial proceedings arising out of this Agreement shall be in Broward County, Florida, or as otherwise agreed to by the parties. G. This Agreement shall be effective upon execution by:`bothparties and shall continue in effect and;be binding on the parties un•til 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. ********* IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this 21 day of February , 200 6 , by the Chairman of the ,Board of Commissioners, authorized to enter into and execute same by Resolution Number 2006-021 of the Board on the 21 day of Fehrii ry , 200 6 and the DEPARTMENT has executed this Agreement through, Its District's Director of,Adminisfration, District Four, Florida Department of Transportation. 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: APPROVED AS TO FO6C AND L GAL S FIC N BY CHAIRMAN, BD`OF" COUNTY COMMISSIONERS WILLIAM . DEBRAAL ASS STANT'COUNTY ATTSr AVE OF FLORIDA DEPARTMENT OF TRANSPORTATION • ATTEST:. EXECUTIVE SECRETARY (SEAL) BY: DIRECTOR 'OF TRANSPORTATION DEVELOPMENT - DISTRICT FOUR 8 OF 9 APPROVED: (As to Form) BY: DISTRICT GENERAL COUNSEL APPROVED: BY: PROFESSIONAL SERVICES ADMINISTRATOR 9 OF 9