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Home My WebLink About1992-0332/1e/02t lwQ.t>ob a Y RESOLUTION 92-33 ' A RESOLUTION OF INDIAN RIVER COUNTY AUTHOR- IZING A JOINT PARTICIPATION IN THE CON- STRUCTION OF INTERSECTION IMPROVEMENTS AT CR 510 AND SR A-1-A. WHEREAS, it is a policy of the State of Florida to construct and make improvements to the state transportation 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 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, NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Indian River County, Florida that: Section 1. The Board of County Commissioners of Indian River County, Florida hereby authorizes the Chairman of the Commission to enter into a Joint Participation Agreement with the State of Florida Department of Transportation for the construction of intersection improvements at CR 510 and SR A-1-A. Section 2. The Clerk to the Board of County Commissioners of Indian River County is hereby directed to send copies of this RESOLUTION to the Department of Transportation and all others persons as directed by the Board of County Commissioners of Indian River County, Florida. The foregoing resolution was offered by Commissioner Scurlock and the seconded by Commissioner Bird, and, 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 The Chairman thereupon declared the resolution duly passed and adopted this 11 day OfFphrijary 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By C Caroly Egger stroly n Chairm ATTEST.,,;•, Je Qft Clerk mavo She Ca Aovoved Date I Risk Mgr. JPA: DOT giving funds to local government (construction) WPI No. 4115405 Job No. $8070-3500 F.A. No. N/A Fund Code DDR/010 Contract No. Vendor No. 59-6000674 Page I of 5 SAMAS Approp. _088838 SAMAS Object 563030 Org. Code 55.04-40-10-406 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING AND PROGRAMS 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, hereinafter called the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain improvements to the intersection of County Road (CR) 510 and State Road (SR) A -I -A, designated as State Project Number 88070-3500 (WPI No. 4115405) located in Indian River County, Florida; and WHEREAS, the DEPARTMENT is prepared to fund these certain improvements more particularly described as follows, hereinafter referred to as the PROJECT: Construction of intersection improvements at CR 510 and SR AIA which include the addition of a northbound left turn lane, southbound left and right turn lanes, westbound left turn lane, eastbound left and right turn lanes, signalization and four (4) foot paved shoulders. Improvements extend approximately 2,200 feet west and 400 feet east of SR AIA on CR 510, and approximately 1,200 feet north and south of CR 510 on SR AIA. WHEREAS, the completion of the PROJECT is in the interest of both the DEPARTMENT and the COUNTY, and W.P.I. 4115405 ` Page 2 of 5 WHEREAS, the COUNTY, by resolution dated // 199—;—a copy of which is attached hereto and made a part hereof, has authorized the 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 PROJECT. These shall conform to DEPARTMENT standards. The COUNTY shall submit same to the DEPARTMENT for its review and approval. 2. Prior to construction, the COUNTY shall convey to the DEPARTMENT all rights of way located on the State Road that are required for the improvements to SR A -1-A. 3. In order for the COUNTY to enter the DEPARTMENT'S right-of-way, the COUNTY shall obtain a roadway alteration permit from the DEPARTMENT prior to the construction letting for the PROJECT. 4. The COUNTY will let and administer construction of the PROJECT (including construction engineering and inspection) and bear the costs of administration. 5. The DEPARTMENT agrees to reimburse the COUNTY for direct construction costs and CEI services, in an amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00). The COUNTY shall utilize these funds for Project No. 88070- 3500. The COUNTY shall be solely responsible for all additional costs over and above the DEPARTMENT's contribution that are required to complete the PROJECT. The DEPARTMENT shall reimburse the COUNTY after submission of properly documented invoices. W.P.I. 4115405 rage J 01 a 6. Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the date of final execution of this AGREEMENT. 7. 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. This Agreement shall run to the DEPARTMENT and its successors. 8. This Agreement shall continue in effect and be binding to both the DEPARTMENT and the COUNTY until the PROJECT is completed and appropriate reimbursements are made. 9. In the event this Agreement is in excess of Twenty-five thousand dollars ($25,000.00) and has a term for a period of more than one year, the 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 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 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 year." 10. The COUNTY 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. I W.P.I. 4115405 Page 4 of 5 11. Such books and records shall be available at all reasonable times for examination and audit by the DEPARTMENT as well as other State and Federal auditors and shall be kept for a period of five (5) years after the completion of all work to be performed pursuant to this Agreement. 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 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. 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 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 nn ^t W .P.I. 4115405 Page 5 of 5 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. IN WITNESS WHEREOF, the COUNTY has caused this Joint Participation Agreement to be executed in its behalf this day of ;4o—, 102?, -by the authorized to enter into and execute same by Resolution No.%" 33 of the Board on the day of Je-- - , 19 92r, -and the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this LI day of 19J; -'Me effective date of this Agreement shall be the date the last party to this Agreement has signed. LOCAL GOVERNMENT INDIAN RIVER COUNTY, FLORIDA BY: i` CHAIRM ATTEST: Caf SE L STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: EXECUTIVE SECRETARY SEAL APPROVED: APPROVED: BY: BY: LOCAL GOVERNMENT ATTORNEY DEPARTMENT DISTRICT LEGAL COUNSEL Id T1 qYs• Ca Agvroved Dale FUNDS APPROVAL: DATE: v OFFICE OF THE COMPTROLLER F;SK Mgr. h 6-a&