HomeMy WebLinkAbout1998-020 `:
RESOLUTION NO. 98-20
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION
OF A JOINT PARTICIPATION AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR
PREPARATION OF AN INTERCHANGE JUSTIFICATION
REPORT.
WHEREAS,the Indian River County MPO Long-Range Plan and the Indian River County
Comprehensive Plan identify an interchange at Oslo Road and I-95 as a needed transportation system
improvement;and
WHEREAS, an Interchange Justification Report must be approved by the Florida
Department of Transportation(FDOT)and the Federal Highway Administration(FHWA)prior to
authorization being given to construct an interstate interchange;and
WHEREAS,Indian River County intends to retain a consultant to prepare an Interchange
Justification Report for Oslo Road and I-95;and
WHEREAS, the Florida Department of Transportation will provide a$70,000 Grant to
Indian River County for the preparation of an Interchange Justification Report for Oslo Road and
I-95.
NOW,THEREFORE,BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS THAT THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS AUTHORIZES THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE A JOINT PARTICIPATION AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PREPARATION OF
AN INTERCHANGE JUSTIFICATION REPORT FOR OSLO ROAD AND I-95.
THIS RESOLUTION was moved for adoption by Fnaprt
and the motion was seconded by Macht ,and,upon being put to
a vote,the vote was as follows:
Chairman John W.Tippin Aye
Vice-Chairman Kenneth R.Macht ye
Commissioner Fran B.Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Caroline D.Ginn -Aye _
The Chairperson thereupon declared the resolution duly passed and adopted this 1Q_day of
February ' 1998.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,FLORIDA
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o W.Tippin,Ch*drQG
and of County Commissioners
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Jeftlrey K.,B� ,=Clerk
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State of Florida
County of Indian River
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in this State
and County to take acknowledgments.personally appeared JOHN W. TIPPIN,as Chairman of the
Board of County Commissioners,and ,as Deputy Clerk,to me
known to be the persons described in and who executed the regoing instrument and they
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this /D
day of A.D., 1998.
Notary Public
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WPI No: 4144617 F.A.No:N/A SAMAS Approp:
Job No. 88081-1404 Fund Code:010 SAMAS Object:
Contract No: Org Code:
Vendor No: VF596.000.674-022
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT,made and entered into this day of , 19 .by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter referred
to as the Depardnent, and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS,
hereinafter referred to as the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project
hereinafter described, and the Department has been granted the authority to function adequately in all areas
of appropriate jurisdiction, including the implementation of an integrated and balanced transportation
system and is authorized under Section 339.175, Florida Statutes,to enter into this Agreement;and,
WHEREAS, the Agency,by resolution Y$—•1 ,a copy of which is attached hereto and made
a part of,is authorized to enter into this agreement,
NOW,THEREFORE,in consideration of the mutual covenants,promises and representations herein,
the parties agree to the following:
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I.The above recitals are true and correct and are deemed incorporated herein.
2.The purpose of thus Agreement is to prepare a preliminary Interchange Justification Report(UR)for
a proposed interchange at Interstate 95 and Oslo Road(9th Street SW)in Indian River County
(WPI No. 4144617,State Project No. 88081-1404), which is part of the Agency's adopted Long Range
Transportation Plan. The preliminary UR will document the Agency's examination of the need for the
proposed interchange and will include tasks for data collection,developmeru and evaluation of alternatives,
travel demand forecasting, development of design hour traffic, economic and financial evaluation,
coordination with other plans and activities, and preparation of actual interchange proposal documents;
and as further described in Exhibits A and B&Attachment 1, attached hereto and by this reference trade
a part hereof,hereinafter referred to as the Project, and to provide Departmental financial assistance to
the Agency and state the terms and conditions upon which such assistance will be provided and the
understandings as to the manner in which the project will be undertaken and completed.
3. The total estimated cost and funded amount of the project is$70,000.00. The Department shall
provide(100%)or$70,000.00 of the total estimated project funding amount,as summarized in Exhibit
"B", attached hereto aril by this reference made a part hereof.
4.The DEPARTMENT agrees to reimburse the Agency for the services herein described slid detailed
in this Agreement. All costs in excess of the Department's contribution shall be the responsibility of the
Agency. 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.
5. The DEPARTMENT agrees to reimburse the Agency for direct costs not to exceed Seventy
Thousand Dollars($70,000.00).The DEPARTMENT shall reimburse the Agency at any time after the
execution of this Agreement for Project expenses incurred,up to the DEPARTMENT's maximum project
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contribution.Reirnbursemena shall be made within forty-five(45)days of receipt by the DEPARTMENT
of an invoice from the Agercy,approved by the DEPARTMENT.Bills for fees or other compensation for
services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof.Bills
for travel expenses are not authorized in this Agreement.
6. Contractors 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 goods and
services, unless the Agreement specifies otherwise. The Department has twenty (20) days to deliver a
request for payment(voucher)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 or services are received, inspected and
approved.
7. If a 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 Agency.Interest penalties of less than one(1)dollar will not be enforced unless the Agency
requests payment.Invoices which have to be returned to the Agency because of Agency 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.
8. A Vendor Ombudsman has been established within the Department of Banking and Finance. The
duties of this individual include acting as an advocate for contractors/vendors who may be experiencing
problems in obtaining timely payments from a state agency.The Vendor Ombudsman may be contacted
at(904)488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792.
9. Should the Department and the Agency decide to proceed with subsequent phases of the project,this
Agreement shall be amended to identify the respective responsibilities and the financial arrangements
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between the parties.
10. The Agency shall obtain the services of a consultant to perform the work associated with the project
and will undertake the selection process thereof, including issuing a request for proposals. All work
associated with the project shall comply with the requirements of the Department's Interchange Request
Development and Review Manual, the Scope of Services previously approved by the Department (as
evidenced as set forth by the example in Attachment 1),and all other Department standards.
11. This Agreement shall continue in effect and be binding to both the Agency and the Department until
the project is completed.
12. The Agency warrants that it has not employed or obtained any company or person,other than bona
fide employees of the Agency 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 Agency. For
breach or violation of this provision, the Department shall have the right to terminate the Agreement
without liability.
13. This Agreement is governed by and constructed in accordance with the laws of the State of Florida.
14. This document incorporates and includes all prior negotiations, correspondence, 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.
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15. 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
the final payment is made. Copies of theses documents and records shall be furnished to the Department
upon request. Records of costs incurred includes the Consultant's general accounting records and the
project records,together with supporting documents and records, of the Consultant and all subconsultants
performing work on the project,and all other records of the Consultant and subconsultants considered
necessary by the Department for a proper audit of costs.
16. 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 a public entity,
and may not transact business with any public entity in excess of the threshold amount provided in Section
287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
17.Section 339.135(6)(a), Florida Statutes(1993),is incorporated herein verbatim,to-wit;
"The Department,during any fiscal year,shall not expend money, incur any liability,
or enter into any contract which,by the 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 snaking 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";The parties
agree that in the event funds are not appropriated to the Department for the Project, this
Agreement may be terminated,which shall be effective upon either party giving notice to the
other to that effect.
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18. The Department's obligation to pay under this section is contingent upon an annual appropriation by
the Florida Legislature.
19. To the extent allowed by the Laws of Florida,the Agency 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 occurance, omission,or commission of
the Agency, 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.
20. This Agreement or any interest herein shall not be assigned,transferred or otherwise encumbered by
the Agency under any circumstances without the prior written consent of the Department. However,this
Agreement shall run to the Department and its successors,
21. 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: District Four
Florida Department of Transportation
3400 West Commercial Blvd.
Fort Lauderdale,Florida 33309-3421
Attention: Ms.Teresa Martin,Contractual Service Administrator
With a copy to:Gustavo Schmidt, P.E.,FDOT Project Manager
A second copy to: District General Counsel
If to the Agency: Indian River County Blood of County Commissioners
1840 25th Street,Suite N-158
Vero Beach,Florida 32960
Attention: Mr. Robert Keating,Director of Community
Development
With a copy to:County Attorney
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IINITNESS WEEREOF,the Agency has caused this Joint Participation Agreement to be executed
half this qday of j jL j: a sit.•' , 199-L by the Board of County Commissioners,
ed to enter into and execute the same by Resolution No. 29--.20—,and the Department has
executed this Agreement through its District Secretary for District Four Florida Department of
Transportation,this day of , 199—.The effective date of this Agreement shall
be the date the last party to this Agreement has signed.
LOCAL GOVERNMENT STATE OF FLORIDA
BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF TRANSPORTATION
OF INDIAN RIVER COUNTY
BY: - BY:
Qsorrson JOHN W.TIPPIN Rick Chesser,P. E.
District Four Secretary
ATTEST-- �'S r ATTEST: SEAL
' Executive Secretary
APPROVED: APPROVED:
This document reviewed and approved as
to form by the Office of the County Attorney,
Indian River County,Florida BY:
District Director of Administration
n
BY:� �-
County Attorney
DATE OF EXECUTION:
APPROVED:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Legal Counsel
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WPI NO.4144617
JOB NO. 88081-1404
CONTRACT NO.
EIMIT"All
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Indian River County Board of County
Commissioners, dated
PROJECT LOCATION: Interstate 95 and Oslo Road (9th Street SW), located in Indian River
County.
PROJECT DESCRIPTION: To prepare a preliminary Interchange Justification Report(UR)to
document the need for the proposed interchange and issues associated with the interchange. The
preliminary LTR will include tasks for data collection,development and evaluation of alternatives,
travel demand forecasting,development of design hour traffic,economic and financial evaluation,
coordination with other plans and activities, and preparation of actual interchange proposal
documents.
The Agency will utilize consultant services to perform all work associated with the preliminary
LTR, of which shall be in accordance with the requirements of the Department's Interchange
Request Development and Review Manual and the Scope of Services previously approved by the
Department, as further described in Attachment 1. Due to the size and scope of the preliminary
LTR, this project will be a multi-year effort.The parties to this Agreement anticipate completion
within 3 years of execution of this Agreement.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
All Technical Memoranda and the Final Report must be reviewed and approved by the
Department.
8049
WPI NO. 4144617
JOB NO. 88081-1404
CONTRACT NO.
EIMIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Indian River County Board of County
Commissioners.
I. PROJECT COST:
Preliminary Interchange Justification Report
Interstate 95/Oslo Road (9th Street SW) $70,000.00
TOTAL PROJECT COST: $70,000.00
II. PARTICIPATION:
Agency Participation ( %) $0
In-Kind ( %) $0
Cash ( %) $0
Other ( %) $0
Maximum Department Participation
Primary
(DDR) (100%) or $70,000.00
TOTAL PROJECT COST: $70,000.00
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