HomeMy WebLinkAbout1998-050 71
RESOLUTION NO, 9& 50
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A JOINT
PARTICIPATION IN THE CONSTRUCTION OF TRAFFIC SIGNAL
INSTALLATION AT VISTA ROYALE BOULEVARD d:U.S-1 AND MEDIAN
REVISIONS ON U•S.1 AT 1ST STREEWSPRING LAKE DRIVE AND PINE
ARBOR LANE
WHEREAS,it is a policy of the State of Florida to construct and make improvements
to the state transportation po system in a cooperative partnership; and
WHEREAS, such partnership shall be promoted and encouraged through the joint
funding of projects that improve traffic flow and reduce congestion of the State Highway
System; and
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WHEREAS, the Board of County Commissioners of Indian River County, Florida
wishes to authorize the Chairman of the Commission, to enter into a Joint Participation
Agreement with the State of Florida Department of Transportation on behalf of
the
Commission,
i NOW,THEREFORE, BE IT RESOLVED, by the Board of County Commissioners
of Indian River County, Florida that:
The Board of County Commissioners of Indian River County, Florida hereby
authorize the Chairman of the Commission to enter into a Joint Participation Agreement
--- with the State of Florida Department of Transportation for the construction of.-
I.
f:1. Traffic Signal Installation at Vista Royale Boulevard &U.S. 1
2. Median Revisions on U.S. 1 at 1st Street/Spring Lake Drive and Pine Arbor Lane
The resolution was moved to adoption by Commissioner _ Eggert and the
motion was seconded by Commissioner Gi nn . and, upon being put to a vote, the
vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R.Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Caroline D. Ginn Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and adopted this 21L.
day of April % 1998.
BOARD OF COUNTY COMMISSIONERS
Attest: INDIAN RIVER COUNTY, FLORIDA
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Jeffrey((�rton, ClerJohn W. airman
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
INDIAN RIVER COUNTY
THIS AGREEMENT,entered into this day of 19 ,by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,an agency of the
State of Florida,hereinafter called the DEPARTMENT,and INDIAN RIVER COUNTY,County
of Indian River, State of Florida,with offices at 1840 25th Street,Vero Beach,Florida
hereinafter called the COUNTY.
WITNESSETH
WHEREAS,the DEPARTMENT and the COUNTY are desirous of having the COUNTY make
certain improvements in connection with State Project Number 88010-3502,W.P.I. 4115479,
at the intersection of State Road 5 (U.S.1)and Vista Royale Boulevard(MP 2.982)in Indian
River County,Florida,and,
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WHEREAS,the DEPARTMENT is prepared to contribute funds toward improvements
consisting of. Construction of a fully actuated traffic signal with a pole/mastarm 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 5(U.S. 1)and Vista Royale Boulevard
(MP 2.982).The channelization of the median openings at lct Street/Spring Lake Drive
(MP 3.314)and Pine Arbor Lane(MP 2.583).These median openings are consistent with
Conceptual Master Plans,W.P.I.No.4115433,State Project No.88010-1501.These
improvements are in Indian River County and are hereinafter referred to as the PROJECT;and,
WHEREAS,the DEPARTMENT will issue a traffic signal permit,based on approved design
plans,to the COUNTY for installation,by the COUNTY,of a traffic signal at the intersection of
State Road 5(U.S. 1)at Vista Royale Boulevard(MP 2.982);and,
WHEREAS,the DEPARTMENT will issue a roadway alteration permit,based on approved
design plans,to the COUNTY for the channelization of the median openings on U.S. 1 at 1 st
Street/Spring Lake Drive(MP 3.314)and Pine Arbor Lane(2.583);and,
WHEREAS,the COUNTY shall be responsible for all costs associated with the installation and
inspection of the traffic signal,and shall coordinate all DEPARTMENT and Indian River County
inspections;and,
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WHEREAS,the construction of the subject traffic signal and channelized median openings,is in
the interest of both the DEPARTMENT and the COUNTY and it would be in this case more
practical,expeditious,and economical for the COUNTY to perform such activities;and,
WHEREAS,the COUNTY by Resolution No. !19--,(3 ,a copy of which is attached
hereto and made part hereof,is authorized 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 above recitals are true and correct and are deemed incorporated herein.
2. The COUNTY shall provide all design,construction,and CEI services necessary to
provide the improvements.
3. The COUNTY shall obtain any necessary permits to provide the improvements.
4. The DEPARTMENT shall make available to the COUNTY upon request any existing
plans relevant to the County's design and construction activities. The COUNTY shall be
responsible for verifying the accuracy of the existing plans supplied by the
DEPARTMENT,and shall revise them as necessary to reflect'as-built'conditions upon
completion of construction.
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5. The DEPARTMENT agrees to reimburse the COUNTY,for direct costs,not to exceed
One Hundred Fifty Thousand Dollars($150,000.00)to represent the total
designtins-dIation cost associated with the subject traffic signal and median work in two
payments as follows:
Payment No. 1:
The DEPARTMENT shall,upon approval and issuance by the DEPARTMENT of a
traffic signal permit to the County for the PROJECT,provide a deposit to the
COUNTY in an amount not to exceed Seventy Five Thousand Dollars($75,000.00)
which reflects 50%of the DEPARTMENT contribution towards the PROJECT.
Payment No.2:
The DEPARTMENT shall,upon written acceptance by Indian River County of the traffic
signal installation,provide reimbursement to the COUNTY in an amount not to exceed
Seventy Five Thousand Dollars(575,000.00)which reflects the remaining 50%of the
DEPARTMENT contribution towards the PROJECT.
6. PROJECT costs in excess of the DEPARTMENT'S TOTAL PROJECT
CONTRIBUTION shall be the sole responsibility of the COUNTY.Should the
DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the
PROJECT,this Agreement shall be amended to identify the respective responsibilities
and the financial arrangements between the parties.
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7. 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. The invoice shall be submitted to the State of Florida,Department of
Transportation,at 3400 West Commercial Boulevard,Fort Lauderdale,Florida 33309.
Attention;Jonathan Overton,P.E.,District Traffic Studies Engineer.
8. 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 tun 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 COUNTY and the DEPARTMENT until the PROJECT is completed.
10. The DEPARTMENT shall make payment by check payable to "Indian River County
Board of County Commissioners",and forward it to Attention Chris Mora,Traffic
Engineering.Division, 1840 25th Street,Vero Beach,Florida 32960.
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11. 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 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(1)
year.
12. 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
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and subcontractors considered necessary by the DEPARTMENT for the proper audit of
costs.
13. 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.
14. The COUNTY warrants that it has not employed or obtained any company or person,
other that 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
that a bona fide employee employed by the COUNTY. For breach or violation of this
provision,the DEPARTMENT shall have the right to terminate the AGREEMENT
without liability.
15. 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 intentional
and/or negligent act 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.
16. This AGREEMENT is governed by and construed in accordance with the Laws of the
State of Florida.
17. Section 215.422(5),Florida Statutes,requires 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(20)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(b),Florida Statutes,will be due and payable,in
addition to the invoice amount,to the COUNTY. Interest payments of less than one(1)
dollar will not be enforced unless the Contractor requests payment. Invoices which have
to be returned to the COUNTY because of invoice preparation errors will result in a delay
in the payment. The invoice payment requirements do not begin until a properly
completed invoice is provided to 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).
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18. 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
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
19. 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.
20. A person or affiliate who has ben placed on the convicted vendor list following a
conviction for a public entity,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
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section 287.017,Florida Statutes,for CATEGORY TWO for a period of six(6)months
from the date of being placed on the convicted vendor list.
21. The DEPARTMENTS obligation to pay under this section is contingent upon an annual
appropriation by the Florida Legislature.
22. 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 address:
If to the I)EPARTMENT: District Four
Florida Department of Transportation
3400 West Commercial Blvd.
Ft.Lauderdale,Florida 33309-3421
Attn:Ms.Teresa Martin,Professional Services Unit
With a copy to:Jonathan Overton,Project Manager
A second copy to:District General Counsel
If to the COUNTY: Indian River County
1840 25th Street
Vero Beach,Florida 32960
Attn:Chris Mora,Project Manager
With a copy to:County General Counsel
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IN WITNESS WHEREOF,the COUNTY has caused this Joint Participation Agreement to be
executed in its behalf this A_daY of ,1998,by the Board of
County Commissioners,authorized to enter into and execute same by Resolution No. a s -S o ,
and the DEPARTMENT has executed this Agreement through its District Secretary for District
Four Florida Department of Transportation,this day of
1998.
The effective date of this Agreement shall be the date that the last party to this Agreement has
signed.
LOCAL GOVERNMENT STATE OF FLORIDA
INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION
BY: ��-7�ZCv`•%,-► ���.�L_7 BY:
CY#AIRPERSON DISTRICT SECRETARY
JOHN W.TIPPIN
ATTEST:
DIRECTOR OF ADMINISTRATION
ATTEST:
,..��, ,.,_, ATTEST:
_
COUNT ERK~ (S X BARTON EXECUTIVE SECRETARY (SEAL)
DATE OF EXECUTION:
APPRO APPROVED:
BY: BY:
CO Y ATTORNEY DISTRICT LEGAL COUNSEL
(AS TO FORM)
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