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HomeMy WebLinkAbout1999-003m d are 10/98 (RESO) LEOAL(WGC/nh m RESOLUTION NO. 99-03 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A NEW TRAFFIC SIGNAL AT STATE ROAD ` 9 AND 74TH AVENUE WITH ASSOCIATED MEDIAN REVISIONS. WHEREAS, the Florida Department of Transportation and Indian River County are desirous of making signal improvements at the intersection of State Road 60 and 74th Avenue and associated median revisions, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Joint Participation Agreement between the State of Florida Department of Transportation and Indian River County identified as FM No. 403690/1/54/01 is hereby approved and the Chairman is authorized to execute same. The foregoing resolution was offered by Commissioner Adams and seconded by Commissioner Ginn and, upon being put to a vote, the vote was as follows: Kenneth R. Macht, Chairman Aye Fran B. Adams, Vice Chairman Aye Caroline D. Ginn Aye John W. Tippin Aye Ruth M. Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 12th day of January, 1999. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bv: nneth R. Mach , Chairman ATTEST: Indian Riva County Administration Budget Legal Risk Management Public Works Trafc Engineering Approved Date �S.y� • • • 011. 4 FM No: 403690/1/54/01 F.A. No: N/A Fund Code: DS Contract No: Vendor No: VF596 000 674 006 5r✓��- Eby e d`a-' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of ,1999, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County, State of Florida, located at 1840 25th Street, Vero Beach, Florida, 32960 hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain improvements at the intersections of State Road 60 (Osceola Boulevard) and 74th Avenue (MP 25.074), Indian River Estates (MP 24.938), and Village Green West Estates (MP 25.252) in Indian River County, Florida ( State FM No. 403690/1/54/01) ; and , WHEREAS, the DEPARTMENT is prepared to contribute funds toward construction and construction engineering and inspection of improvements consisting of ; the construction of a fully actuated traffic signal with a pole/mast arm type traffic signal support system and associated hardware to be fully integrated into the Indian River County Traffic Signal System at the intersection of State Road 60 (Osceola Boulevard) and 74th Avenue/ Range Line Road (MP 25.074); 1 • 0) 0) Change the full median opening at Village Green West Estates (MP 25.252) to a westbound directional median opening and close the median opening at Indian River Estates (MP 24.938). These median opening changes are consistent with Access Management Master Plan, W.P.I. No. 4119195, State Project No. 99904-1578. These improvements are in Indian River County and are hereinafter referred to as the PROJECT; and, WHEREAS, the construction of these improvements are in the interest of both the DEPARTMENT and the COUNTY and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by resolution / i-03 , 19 a copy of which is attached hereto and made a part hereof, authorizes the COUNTY 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 COUNTY shall provide all design services necessary for completion of the PROJECT. 3. The COUNTY shall obtain any permits necessary to complete the PROJECT. 2 i• • • 4. The COUNTY shall make available to the DEPARTMENT upon request any existing plans relevant to the COUNTY'S design and construction activities. Prior to construction. the Department shall approve plans which reflect the traffic signal installation and median revisions. The COUNTY will be responsible for verifying the accuracy of any PROJECT related plans prepared on the COUNTY'S behalf, and shall revise them as necessary to reflect 'as -built' conditions upon completion of construction. Project plans that have been modified to reflect 'as built' conditions shall be provided to the Department. 5. The DEPARTMENT agrees to reimburse the COUNTY for costs associated with construction and construction engineering and inspection of the aforementioned improvements in two payments as follows: o After a construction Contractor is selected by the COUNTY but prior to the award of the contract by the COUNTY, the COUNTY shall advise the DEPARTMENT as to the date by which the COUNTY intends to award the Construction Contract. The DEPARTMENT shall, within ninety (90) days of the COUNTY's award of the Construction Contract, and upon receipt of a properly documented invoice, provide reimbursement to the COUNTY in an amount not to exceed $ 100,000.00. This represents 50 % of the DEPARTMENT'S Total Project Contribution. 3 t o The DEPARTMENT shall, upon inspection and acceptance of all project -related construction, and upon receipt of a properly documented invoice provide reimbursement to the COUNTY in an amount not to exceed $ 100, 000.00. This represents the remaining 50 % of the DEPARTMENT'S Total Project Contribution. o PROJECT costs in excess of the DEPARTMENT's Total Project Contribution shall be the sole responsibility of the COUNTY. The DEPARTMENT'S TOTAL PROJECT CONTRIBUTION provided for work performed under this Agreement shall not exceed TWO HUNDRED THOUSAND DOLLARS (S200,000.00). 6. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the COUNTY. PROJECT costs eligible for DEPARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre -audit and post -audit thereof. Invoice(s) shall be submitted to the State of Florida, Department of Transportation, at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. Attention: Jonathan M. Overton, P.E., District Traffic Studies Engineer. 4 0) • 7. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 8. This AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the PROJECT is completed and appropriate reimbursements are made. 9. The DEPARTMENT shall make payment to "Indian River County Board of County Commissioners" and forward to Attention: Chris Mora, Traffic Engineering Division, 1840 25th Street, Vero Beach, Florida 32960-3365. 10. 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 (1) 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 5 in all contacts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 11. 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 include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for the proper audit of costs. 12. The DEPARTMENT may cancel this AGREEMENT for refusal of the COUNTY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the COUNTY in conjunction with this AGREEMENT and shall make provisions in its AGREEMENTS with its consultants and sub -consultants to terminate for failure to comply with this provision. 13. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, 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 COUNTY. For breach or violation of this 6 • • • provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 14. To the extent allowed by the Laws of Florida, the COUNTY 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 negligent or intentional act and/or occurrence, omission, or commission of the COUNTY, its agents, or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 15. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 16. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor rights in this AGREEMENT. The COUNTY is hereby advised of the following time frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the Department of Banking and Finance. The twenty days are measured from the latter of the date the invoice is received or the goods and services are received, inspected and approved by the DEPARTMENT. If payment is not available within forty (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. 7 in addition to the invoice amount, to the COUNTY. Interest payments 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 invoice preparations errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided the DEPARTMENT. A Vendor Ombudsman has been established with the Department of Banking and Finance. the duties of this individual include acting as an advocate of the COUNTY in the event that the COUNTY may be experiencing problems in obtaining timely payments from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline (1-800-848-3792). 17. This document incorporates and includes all prior negotiations, correspondence, conversations, AGREEMENTS, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, AGREEMENTS or understanding 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. 8 0 a) 0) 18. The Department agrees to pay the COUNTY for the services herein described at a compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 19. 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 6 months from the date of being placed on the convicted vendor list. 9 i 0 20. 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, retum receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: District Four Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Attn: Ms. Teresa Martin, Contractual Services Coordinator With a copy to: Mr. Jonathan M. Overton, FDOT Project Manager A second copy to: District General Counsel If to the COUNTY: Indian River County Traffic Engineering Division 1840 25th Street Vero Beach, Florida 32960-3365 Attn: Mr. Chris Mora, P.E., County Project Manager With a copy to : County Attorney 10 • • IN WITNESS WHEREOF, the COUNTY has caused this Joint Participation Agreement to be executed in its behalf this 1 day of , 1991, by the Board of County Commissioners, and the DEPARTMENT haiixecuted this oint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this day of , 199Py The effective date of this AGREEMENT shall be the date the last party to this Agreement has signed. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INDIAN RIVER COUNTY BY: BY: HAIRPERSON KENNETH.R. MACHT DISTRICT SECRETARY ATTEST: COUNTY CLERK ATTEST: EXECUTIVE SECRETARY (SEAL) DATE OF EXECUTION APPROVED: APPROVED: BY: ---(7117gc- OUNTY ATTORNEY DIRECTOR OF ADMINISTRATION 11 APPROVED: (AS TO FORM) BY: DISTRICT LEGAL COUNSEL