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HomeMy WebLinkAbout1992-08206/09-92(ree)T08rt(PWD)msd RESOLUTION NO. 92-82 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 CONTINUATION OF SIGNAL SYSTEM GROUP 1 IN INDIAN RIVER COUNTY THIS AGREEMENT, entered into this 9 day of June 0 19 92 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County, hereinafter called the COUNTY. W I T N E S S E T H WHEREAS, the DEPARTMENT is prepared to fund certain improvements designated as Signal System Group 1 which consists of the following State Project Numbers 88000-3500/3606/3505 and 1506(also identified respectively as "A", "C", "Communications", and "Implementation Packages"). WHEREAS, the COUNTY is desirous of funding and having the DEPARTMENT include certain improvements in connection with that portion of the Signal System Group 1 project within the COUNTY's responsibility, such improvements consisting of State Project Number 88000-3607 (WPI No. 4125343, Package D), located in Indian River County, Florida; and WHEREAS, those improvement within the COUNTY'S responsibility are described as follows and hereinafter referred to as the COUNTY'S portion of the PROJECT: Signalization improvement for two (2) intersections, Old Dixie Highway and 8th Street, and 8th Street and 6th Avenue, off the State Highway System in Indian River County, Florida. WHEREAS, the completion of the Signal System Group 1 Project, both the DEPARTMENT'S and the COUNTY'S portions hereinafter referred to as the "PROJECT", is in the interest of both the DEPARTMENT and the COUNTY; and WHEREAS, the COUNTY, by resolution dated June 9 19_92, a copy of which is attached hereto and made a part hereof, has authorized the COUNTY, to enter into this Agreement, RES. NO. 92-82 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 Bowman Wheeler as follows: was moved to adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the Vote was Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowmany7 e Commissioner Gary C. Wheeler Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Ace The Chairman thereupon declared the resolution duly passed and adopted this g__day of J-1ne , 1992. Attest:,, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 7+.:...,K _ n BY L- -O G Jeffrey K. Barton, Clerk Carolyn . Eggert hairman (Indian River ColApprovedl Date I Admin. ILegal Budget Pub.Wk. Eng. 4 IRisk Mgr. I I I \dw5\contract\s1gna1.res/rt Page 1 of 8 WPI No. 4125343 F.A. No. N/A SAMAS Approp. Fund Code LF/010 SAMAS Object Job No. -98000-3607 Contract No. Org. Code Vendor No. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING AND PROGRAMS JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this 9 day of June , 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 is prepared to fund certain improvements designated as Signal System Group 1 which consists of the following State Project Numbers 88000-3500/3606/3506 and 1506 (also identified respectively as "A", "C", "Communications", and "Implementation Packages"). WHEREAS, the COUNTY is desirous of funding and having the DEPARTMENT include certain improvements in connection with that portion of the Signal System Group I project within the COUNTY's responsibility, such improvements consisting of State Project Number 88000-3607 (WPI No. 4125343, package D), located in Indian River County, Florida; and WHEREAS, those improvements within the COUNTY's responsibility are described as follows and hereinafter referred to as the COUNTY's portion of the PROJECT: WPI No. 4125343 Page 2 of 8 Signalization improvements for two (2) intersections, Old Dixie Highway and 8th Street, and 8th Street and 6th Avenue, off the State Highway System in Indian River County, Florida. WHEREAS, the completion of the Signal System Group I Project, both the DEPARTMENT's and the COUNTY's portions hereinafter referred to as the "PROJECT", is in the interest of both the DEPARTMENT and the COUNTY; and WHEREAS, the COUNTY, by resolution dated June 9, 92 . , 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: I. The DEPARTMENT will prepare the plans, specifications and estimates for the PROJECT. 2. The DEPARTMENT will let and administer construction of the PROJECT, (including construction engineering and inspection and implementation activities). 3. The COUNTY agrees to pay the full cost for construction including construction engineering and inspection, for the COUNTY'S portion of the PROJECT (State Project Nos. 88000-3607), estimated to be THIRTY THREE THOUSAND DOLLARS ($33,000.00) to the DEPARTMENT for the PROJECT no less than twenty (20) days prior to the advertisement for construction bids. The actual amount of deposit will be determined by the DEPARTMENT upon receipt of the contract bids. In the event the bids for the PROJECTS exceed the deposit, the DEPARTMENT shall notify the COUNTY and the COUNTY shall pay the additional WPI No. 4125343 Page 3 of 8 amount to the DEPARTMENT within thirty (30) days of such notification. The DEPARTMENT shall utilize this deposit for the payment of Project Numbers 88000-3607. 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 than the advance deposit, the COUNTY will pay the additional amount to the DEPARTMENT within thirty (30) days from date of the invoice. 4. In addition to the COUNTY's construction and construction engineering inspection (CEI) costs and expenses as described herein, the COUNTY shall also provide the DEPARTMENT funding in the amount of ten (10) percent of the cost of construction and CEI services as a contingency fund in the amount of THREE THOUSAND THREE HUNDRED DOLLARS ($3,300.00) to the DEPARTMENT no less than twenty (20) days prior to the advertisement for construction bids. 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 PROJECT. The DEPARTMENT shall have sole discretion to resolve any claims resulting from work performed on the PROJECT within the contingency fund described herein. 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 WPI No. 4125343 Page 4 of 8 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 plans 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 to 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(8)(b). ( )(b)• S. The COUNTY shall designate an authorized representative to approve the supplemental agreements for additional work within the contingency amount on 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. The COUNTY shall provide all information required for supplemental agreements and claims, if applicable, upon request of the DEPARTMENT. 6. 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 cost of the WPI No. 4125343 Page 5 of 8 PROJECT, and certain supplemental agreements and claims. Should the COUNTY fail to Provide funds for the PROJECT 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. 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. However, this Agreement shall run to the DEPARTMENT and its successors. 8. This Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the project is completed and if applicable, 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 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." WPI No. 4125343 Page 6 of 9 10. 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. 11. Such books and records shall be available at all reasonable times for examination and audit by the COUNTY 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. The COUNTY shall submit its bills for fees or other compensation for services or expenses in detail sufficient for a proper pre -audit and post -audit thereof. 14. All bills for travel expenses, if applicable, shall be in accordance with S. 112.061, Florida Statutes. 15. 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 and made or reviewed by the COUNTY in conjunction with this AGREEMENT. WPI No. 4125343 Page 7 of 8 16. 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. 17. Project Cost Eligibility: Project costs eligible for State Participation will be allowed only from the date of final execution of this Agreement. 18. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 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 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. WPI No. 4125343 Page 8 of 8 r IN WITNESS- WHEREOF, the COUNTY has caused this Joint Participation Agreement to be executed in its behalf this 9 day of June lg 92, by the Chairman authorized to enter into and execute same by Resolution No.92- 82 of the Board on the 9 day of June , 1992. 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: ` CHAIRM - Caro K. Eggert A T: CLER SEAL APPROVED: BY: / COUNTY ATTORNEY Le921 4. 0'.e ten. fhjq'ib STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY OR DIRECTOR OF PLANNING AND PROGRAMS ATTEST: EXECUTIVE SECRETARY SEAL APPROVED: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICT LEGAL COUNSEL FUNDS APPROVED: DATE: OFFICE OF THE COMPTROLLER