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HomeMy WebLinkAbout1992-0042/26/91(res)LEGAL(Ob) RESOLUTION NO. 92- f A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE WIDENING OF 90TH AVENUE SOUTH OF STATE ROAD 60. WHEREAS, the Florida Department of Transportation (DEPARTMENT) and the COUNTY are intending to make certain improvements of SR 60 and 90th Avenue, including the roadway approaches; and WHEREAS, the COUNTY has prepared plans for the portion of the PROJECT under its jurisdiction, and the DEPARTMENT has also prepared plans for the portion of the PROJECT under its jurisdiction; and WHEREAS, the joint construction and completion of the PROJECT are in the interest of both the DEPARTMENT and the COUNTY; and WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the DEPARTMENT construct the entire PROJECT, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Chairman of the Board of County Commissioners of Indian River County, Florida is hereby authorized to execute on behalf of said Board a "State of Florida Department of Transportation Division of Planning and Programs Joint Participation Agreement" in essentially the same form as submitted with the accompanying agenda item, and such other documents as may be necessary to fulfill the stated objectives. The resolution was moved to adoption by Commissioner Wheel e r and the motion was seconded by Commissioner Scurlock and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye Risk Mgr. I //,a/ iv lyx], THIS AGREEMENT, entered into this 7 day of J a n u a r y 1992, by and between the State of Florida, Department of Transportation, hereinafter called the DEPARTMENT, and Indian River County, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT and the COUNTY are intending to make certain Improvements to the intersection of SR 60 and 90th Avenue, including the roadway approaches (State Project Number 88060-3526, WPI Number 4115424), hereinafter referred to as the PROJECT; WHEREAS, the COUNTY has prepared plans for the portion of the PROJECT under its jurisdiction, and the DEPARTMENT has also prepared plans for the portion of the PROJECT under its jurisdiction; and WHEREAS, the COUNTY is prepared to fund the improvements under its jurisdiction; said Improvements hereinafter referred to as the COUNTY's portion of the PROJECT and described as follows: widening and resurfacing of 90th Avenue (station 11+00 to 28+00), including but not limited to drainage, signing and pavement marking, signalization, adjacent property access, etc; and WHEREAS, the joint construction and completion of the PROJECT are in the interest of both the DEPARTMENT and the COUNTY; and WHEREAS, the COUNTY, by resolution dated 19 , a copy of which is attached hereto and made a part hereof, has authorized 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 COUNTY will prepare the plans, specifications and estimates for the COUNTY's Portion of the PROJECT. These shall conform to DEPARTMENT standards. 2. The DEPARTMENT will prepare the pians, specifications and estimates for the SR -60 Portion of the PROJECT. 3. The DEPARTMENT will let and administer construction of the PROJECT. 4. The DEPARTMENT shall pay for the construction and construction engineering inspection (CEI) services for the DEPARTMENT's portion of the PROJECT. The DEPARTMENT shall also pay for the supplemental agreements for additional work and �� � ' ` iYPI 4113424 Page 3 of 8 Claims resulting from the DEPARTMENT's portion of the PROJECT. For the purposes of this AGREEMENT, additional work shall be defined as work that is in addition or supplemental to the PROJECT and not necessary to complete the PROJECT as originally intended. For purposes of this AGREEMENT, those matters that shall be defined as claims for which the DEPARTMENT will have the sole discretion to resolve and incorporate within a supplemental agreement, shall include the following: A. Changes or modifications contained in Supplemental Agreements to clarify the plant and specifications of a contract. B. Quantity differences above and below the estimate. C. Changes or modifications to provide for unforeseen work, grade changes or alterations in the plans which could not reasonably have been contemplated or foreseen in the original plans and specifications that are necessary to complete the PROJECT. D. Changes or modifications or change the limits of construction to meet field conditions. E. Changes or modifications to provide a safe and functional connection to an existing pavement. F. To settle contract claims submitted by the contractor. G. Changes or modifications to make the project functionally operational in accordance with the intent of the original contract. H. Changes or modifications to expand the physical limits of the PROJECT only to the extent necessary to make the PROJECT functionally operational in accordance with the intent of the original contract in accordance with Section 337.11(g)(b). 5. A review of the PROJECT cost estimate, including construction and CEI services, shall be made by the DEPARTMENT and the COUNTY no less than thirty (30) days prior to the advertisement for construction bids for the PROJECT. In the event the COUNTY and the DEPARTMENT determine that the cost estimate has increased for the PROJECT, the COUNTY shall pay for its increased portion of the PROJECT as described herein to the DEPARTMENT no less than ten (10) days prior to the advertisement for construction bids for the PROJECT. .Vr 7 WPI 4115424 Page 4 of 8 6, The COUNTY agrees that it will furnish the DEPARTMENT an advance deposit estimated to date at TWO HUNDRED THIRTY EIGHT THOUSAND THREE HUNDRED SIXTY DOLLARS ($238,360.00) for the payment of the COUNTY's portion Of the PROJECT no less than ten (10) days prior to the advertisement for construction bids. The DEPARTMENT may utilize this deposit for the payment of Project No. 88060-3326. Both parties further agree that in the event the final project accounting Pursuant to the terms of this Agreement results in project costs which are less than the advance deposit, a refund of the excess will be made by the DEPARTMENT to the COUNTY; and that in the event said final accounting results in project costs greater that the advance deposit, the COUNTY will pay the additional amount to the DEPARTMENT within thirty (30) days from the date of invoice. In Addition to the construction and construction engineering inspection (CED costs and expenses for the COUNTY's portion of the PROJECT as described herein, the COUNTY shall also provide funding in the amount of ten (10) percent of the cost of construction and CEI services for the COUNTY's portion of the PROJECT as a contingency fund in the amount of TWENTY THREE THOUSAND EIGHT HUNDRED THIRTY SIX DOLLARS ($23,836.00). The contingency fund shall be used to pay the cost of supplemental agreements for additional work or claims for work performed on the COUNTY's portion of the PROJECT. The COUNTY shall have the right to approve supplemental agreements for additional work pertaining to the COUNTY's portion of the PROJECT. The DEPARTMENT shall have sole discretion to resolve any claims resulting from work performed on the COUNTY's portion of the PROJECT within the contingency fund described herein. 1)/ 0 x WPI 4115424; Page 5 of 8 7. The COUNTY shall designate an authorized representative to approve the supplemental agreements for additional work within the contingency amount on the COUNTY's portion of the PROJECT. Such approval shall be granted by the COUNTY within two (2) working days. The DEPARTMENT will notify and consult the COUNTY on claims received relating to the COUNTY's portion of the PROJECT. The COUNTY shall provide all information required for supplemental agreements and claims, if applicable, upon request of the DEPARTMENT. 8. In the event that the PROJECT requires environmental remediation activities, the COUNTY shall be solely responsible for the costs of such activities for the COUNTY's Portion of the PROJECT. The DEPARTMENT shall solely be responsible for the costs of environmental remediation on the DEPARTMENT's portion of the PROJECT. 9. In addition to the sums described to be paid to the DEPARTMENT, the COUNTY shall appropriate an additional amount equal to seven (7) percent of the total cost of construction and CEI services, for the COUNTY's portion of the PROJECT. This appropriation shall be used by the DEPARTMENT for the COUNTY's portion of the PROJECT in the event construction bids for the PROJECT exceed the certified PROJECT estimate. Should these COUNTY funds be required for the PROJECT, they shall be paid to the DEPARTMENT within ten (10) days notice to the COUNTY. Should the construction bids for the PROJECT exceed the certified estimate by more than seven (7) percent, the parties shall jointly review the bids and determine how to proceed with the PROJECT. 10. The Parties recognize that the construction letting of the PROJECT as is currently designed is dependent on the COUNTY's payment of funds to the DEPARTMENT for the COUNTY's portion of the PROJECT, and certain supplemental agreements and claims. Should the COUNTY fail to provide funds for the COUNTY's portion of the PROJECT a 0 n } WPI 4115424 Page 6 of 8 and the contingency fund according to this AGREEMENT, the DEPARTMENT shall have the right to reject all bids for the construction of the PROJECT and discontinue its participation in the PROJECT. I1. This Agreement or 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. 12. 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. 13. In the event this Agreement is in excess of Twenty-five thousand dollars ($25,OOO.Oo) and has a term for a period of more than one year provisions of Chapter 339.135(7)(a), Florida Statutes are hereby incorporated. "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 shall be 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 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 $25,000.00 and which have a term for a period of more than one year." 14. The DEPARTMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the Offering for public bid and prosecution and construction of the PROJECT. ,v. Inc L:UWVTY 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. 17. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 1g. 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 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 sole negligence or breach of contract. 19. 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 WPI 4115424 Page 8 of 8 modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with die same formality and of equal dignity herewith. IN WITNESS WHEREOF, the COUNTY has caused this Joint Participation Agreement to be executed In its behalf this 7 day of January , 199L, by d1e Board of County Commissioners authorized to enter into and execute same by Resolution No. 92-4 of the Board on the 7 day of laniiarg , 19 ,g2,, and the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this a day Of , 19 _. The effective date of this Agreement shall be the date the last party to this Agreement has signed. LOCAL GOVERNMENT Indian River County, FLORIDA'/ BY: L,a.,.b� v "(' • lti CHAIRM�N Carolyele Eggert STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY or DIRECTOR OF PLANNING AND PROGRAMS ATTEST: ATTEST: CLERK $EAL� EXECUTIVE SECRETARY SEAL Jeffrey K. BartonC. APPROVED: APPROVED: STATE OF FLORIDA BY: COUNTY ATTORNEY /'< -7/ Appr7ved JaIe Adi min Legal �d LID Budget Eng Dept Z z Risk Mgr. u DEPARTMENTOF TRANSPORTATION BY: _ DISTRICT LEGAL COUNSEL FUNDS APPROVAL: DATE: OFFICE OF THE COMPTROLLER