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HomeMy WebLinkAbout1998-120 . RESOLUTION N0, 98- 12 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING PARTICIPATION WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR CERTAIN ROAD IMPROVEMENTS ALONG COUNTY ROAD 510 EAST OF US 1. WHEREAS,The State of Florida Department of Transportation(FDOT) and the County are desirous of having the FDOT make certain improvements in connection with State FM 230875/1/52/61/01 (V.P.I. No. 4125357), along County Road 510,from US 1 to East df State Road A lA in Indian River County;and WHEREAS,the County is prepared to contribute funds toward improvements consisting of: additional roadway resurfacing of 58th Avenue from STA 9+94 to STA 40+79,and associated Construction Engineering and Inspection (CEI), within the project limits;and WHEREAS,the improvements are in the interest of both the County and the FDOT and it would be more practical,expeditious,and economical for the FDOT to Perform such activities, NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA that: The Chairman of the Board of County Commissioners of Indian River County is hereby authorized to execute on behalf of the County a Joint Participation Agreement concerning the above project and to also execute on behalf of the County any other documents necessary to this project. 1 • •' RESOLUTION NO. 98- 120 The resolution was moved to adoption by Commissioner A d a m s and the motion was seconded by Commissioner Ginn , 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 A y e Commissioner Carolyn K. Eggert Absent Commissioner Caroline D. Ginn Aye The Chairman thereupon declared the resolution duly passed and adopted this 7 dayof October , 1998. BOARD OF COUNTY COMMISSIONERS Attest: INDIAN RAVER COUNTY,FLORIDA By le re K. arson,Cler o�nTippin, h man low low 2 FM No:230875/1/52/61/01 WPI No: 4125357 Fund Code:LF Vendor No: VF 596-000.674-006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT,entered into this day of 19_,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,hereinafter called the COUNTY. WITNESSETH MWREAS, the DEPARTMENT and the COUNTY are desirous of having the DEPARTMENT make certain improvements in connection with State FM Number 230875/1/52/61/01 (W.P.I.No.4125357), along County Road 510,from USI to East of State Road AIA in Indian River County,Florida;and, VMREAS, the COUNTY is prepared to contribute funds toward improvements consisting of: Additional roadway resurfacing of 58th Avenue from STA 9+94 to STA 40+79,and associated Construction Engineering and Inspection(CEI),within the project limits. I These improvements are in Indian River County and are hereinafter referred to as the PROJECT;and, WHEREAS,the improvements are in the interest of both the COUNTY and the DEPARTMENT and it would be more practical,expeditious,and economical for the DEPARTMENT to perform such activities; and, WHEREAS,the COUNTY by Resolution No. adopted on , 19_,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 DEPARTMENT shall be responsible to perform the PROJECT and shall direct the management of the PROJECT. 3. The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration(FHWA)and DEPARTMENT standards. 4. The COUNTY agrees to make all previous studies,maps,drawings,surveys and other data and information pertaining to the PROJECT available to the DEPARTMENT at no extra cost to the DEPARTMENT. 2 5. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT.The DEPARTMENT will make its best effort to obtain COUNTY input in its decisions. 6. A.) The COUNTY agrees that it will,at least fourteen(14)calendar days prior to the DEPARTMENT's advertising the project for bid,furnish the DEPARTMENT an advance deposit estimate of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00)for full payment of locally funded project number 230875/1/52/61/01.The advance deposit shall be the total estimated project cost plus allowances.The DEPARTMENT may utilize this deposit for payment of project 230875/1/52/61/01. B.) The payment of funds under this Joint Participation Agreement will be made as provided in the attached Memorandum of Agreement between the COUNTY ,DEPARTMENT,and the State of Florida,Department of Insurance,Division of Treasury. C.) If the accepted bid amount,plus allowances, is in excess of the advance deposit amount, the COUNTY will provide an additional deposit within fourteen(14)calendar days of notification from the DEPARTMENT or prior to posting the bid,whichever is earlier,so that the total advance deposit is equal to the bid amount,plus allowances.The DEPARTMENT will notify the COUNTY as soon as it becomes apparent the accepted bid amount plus allowances is in excess of the advance deposit amount; however,failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full contribution on final accounting as provided herein below. 3 D.) if the accepted bid amount is less than the advance deposit amount,the DEPARTMENT will refund the amount that the deposit exceeds the bid amount if such refund is requested b the COUNTY in writing y wrt g and approved by the Comptroller of the Department of Transportation or his designee. E.) Should contract modifications occur that increase the COUNTY's share of the total Project costs,the COUNTY will be notified by the DEPARTMENT accordingly.The COUNTY agrees to provide,in advance of the additional work being performed,adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the Project.The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual costs will overrun the award amount;however,failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full contribution on final accounting as provided herein below. F.) Upon final payment to the Contractor, the DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty days. All project cost records and accounts shall be subject to audit by a representative of the COUNTY within three(3)years after final close out of the project .The COUNTY will be notified of the final cost.Both parties agree that in the event final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date,a refund of the excess will be made by the DEPARTMENT to the COUNTY in accordance with Section 215.422,Florida Statutes. If the final cost exceeds the advance payment the COUNTY will be invoiced for the balance.Upon receipt of the final invoice,the COUNTY agrees to reimburse the 4 DEPARTMENT in the amount of such actual cost within forty(40)days from the date of the invoice.The COUNTY shall pay an additional charge as specified in Section 55.03, Florida Statutes,on any invoice not paid within the time specified in the preceding sentence,until the invoice is paid. G.) The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT,whether existing now or in the future. ` H.) In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement,the COUNTY shall pay the DEPARTMENT's reasonable attorney fees and court costs if the DEPARTMENT prevails. 7. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the PROJECT,the AGREEMENT shall be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. Should contract modifications occur that increase the COUNTY's share of total project costs,the COUNTY will be notified by the DEPARTMENT accordingly.The COUNTY agrees to provide, in advance of the additional work being performed,adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the project. 5 9. 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. 10. 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. 11. The DEPARTMENT,during any fiscal year,shall not expend money,incur any liability,or enter into any contract which,by its terms involve 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$25,000 and which have a term for a period of more than one(1)year. 6 12. 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 provision,the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 13. 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, y omission,or commission of the COUNTY,its agents,or employees,arising out of this contract or 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. 14. • This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 15. 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 7 conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 16. 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 L.suderdale,Florida 33309-3421 Attn:Ms.Teresa Martin,Contractual Services Administrator With a copy to:James Fitzgerald,FDOT Project Manager A second copy to:District General Counsel If to the COUNTY: Indian River County 1940 25th Street Vero Beach,Florida 32960.3365 Attn:James Davis,P.E.,County Engineer With a copy to:County Attorney 8 IN WITNESS WHEREOF,the COUNTY has caused this Joint Participation Agreement to be executed in its behalf this_gjj Day of 9)L.7r'aerz 1921 by the County Commission,authorized to enter into and execute same by Resolution No.98—I Ro,and the DEPARTMENT has executed this Agreement through its District Secretary for District Four Florida Department of Transportation,this Day of 19_. The effective date of this Agreement shall be the date the last party to this Agreement has signed. INDIAN RIVER COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY• G �- BY: Chairperson Jo x W117AAowl District Secretary ATTEST: Executive Secretary (SEAL) Date of Execution: APPROVED: Co ITCk ( L) Director of Administration APPROVED- ^ APPROVED: (As to Form) BY;/ / �l BY: O'Cofinty Attorney District Legal Counsel 9 MEMORANDUM OF AGREEMENT THIS AGREEMENT,made and entered into this ,day of ,19_, by and between the State of Florida,Department of Transportation,hereinafter refereed to as "DOT" and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasury"and Indian River County hereinafter referred to as the "Participant". WITNESSETH WHEREAS, "DOT" is currently constructing the following project: State FM No.: 230875/1/52/61/01 F.A.P.No.: N/A W.P.I.No.: 4125357 County: Indian River hereinafter referred to as the "Project"; and, WHEREAS,DOT and the Participant entered into a Joint participation Agreement dated , 19 wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project; and, WHEREAS,the parties to this AGREEMENT mutually agreed that it would be in the best interests of the DOT and the participant to establish an interest bearing escrow account to provide finds for the work performed on the Project on behalf of the Participant by the DOT: NOW THEREFORE, in consideration of the premises and the covenants contained herein the parties agree to the following: 1. An initial deposit in the amount of$120,000.00 (One Hundred Twenty Thousand Dollars)will be made by the Participant into an interest bearing escrow account established by the Department for the purposes of the project.Said escrow account will be opened with the Department of Insurance ,Division of Treasury, Bureau of Collateral Securities on 1 behalf of the DOT upon receipt of this Memorandum of Agreement. Such account will be opened and shall be deemed an asset of DOT. 2 . Other deposits will be made by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements, 3. All deposits shall be clearly identified as: FDOT FM Number 230875/1/52/61/01, made payable to;the Department of Insurance,Revenue Processing; and, mailed to the DOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite E Mail Station 24 Tallahassee, Florida 32311 AWN:JPA Coordinator A copy of this Agreement shall accompany the deposits. When the check is mailed to Tallahassee, the Participant should mail a copy of the check to the District FDOT office. 4.The DOT's Comptroller and/or his designees shall be the sole signatories on the escrow account with Department of Insurance and shall have sole authority to authorize withdrawals from said account. S. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the JPA. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT. 7. The Treasurer's Office further agrees to provide periodic reports to the DOT. 2 SIGNATORIES: STATE OF FLORIDA (PARTICIPANT Stwiffm� DEPARTMENT OF TRANSPORTATION COMPTROLLER Tomw 4d. PARTICIPANT NAME AND TITLE STATE OF FLORIDA DEPARTMENT OF INSURANCE /8 yo as s re FST DIVISION OF TREASURY PARTICIPANT ADDRESS dePV Bapc.W Ft. 5.1-11o FEDERAL EMPLOYER I.D. NO. 3