HomeMy WebLinkAbout1997-115 IWOURTMD(REG)TOB
RESOLUTION NO. 97-115
RESOLUTION AUTHORIZING EXF".)UTION OF JOINT
PARTICIPATION AGREEMENT WITH FDOT
16"'STREET CANAL IMPROVEMENTS -
STATE PROJECT#88010-3618
WHEREAS,the Florida Department of Transportation,District 4,is
currently designing project#88010-3618 to culvert the 16"'Street canal
between 61"Avenue and Wd Court in the Rockridge Subdivision,Indian River
County,Florida,and
WHEREAS,Indian River County proposes to replace fourteen(14)back
lot ditch and side street culverts and catch basins connecting to the proposed
181h Street culvert,and
WHEREAS,the County has requested that DOT include the fourteen(14)
culvert replacements in the DOT project with funding estimated to cost
$3B4O00 being provided by the County,and
WHEREAS,the Florida Department of Transportation has provided the
County with a proposed joint participation agreement providing the conditions
for the joint project.
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,that:
1) The foregoing recitals are adopted and ratified in their entirety.
2) The Board of County Commissioners authorizes the chairman to
execute the Joint participation agreement with the Florida
Department of Transportation and agree to fund replacement of
the fourteen(14) culverts and catch basins.
THIS RESOLUTION was moved for adoption by Commissioner Adam s
seconded by Commissioner. T i Rn i n , and adopted on the
7 day of October 1997,by the following vote:
Commissioner Carolyn Eggert nyp
Commissioner John Tippin Ave
Commissioner Caroline Ginn Aye
Commissioner Ken Macht A h t P n t
Commissioner Fran Adams A y e
The Chairman thereupon declared the resolution duly passed and
adopted this 7 day Of-nc t o h e r , 1997.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,FLORIDA
Caro . Eggert airman
J ey ; lart�$, jerk.
C:T-r-llCMa nWFWln7W.tC 971CONfRAC1116dJPAree
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f 10101/97JWD(RES)Mn
RESOLUTION NO.97
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
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I,HEREBY CERTIFY,that on this day,before me,an officer duly
authorized in the State and County aforesaid,to take acknowledgments,
personally appeared And?AT?RIe.\0. �.Sa t�eS
well know��j�m to be a �f the Board of County
Commissioners aT I 010 respectively,of Indian River County a political
subdivision of the State of Florida,and they acknowledged executing the same.
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WITNESS hand and offici al in the County and State last
aforesaid this day of , 1997.
AVM/IlI11p114J1yWI� ��AI 42L4
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Val
r'v Alice E.White
< Notary Public,Sute of Florid. Notary Public
Commission No.CC576882
or Rei My ConunissiouE.p.08/13/2000,
<1-WQ3d70TARY•Fla N 1 /Radie�Co,
Indian River County ADDroved Dale
Administration LOLL 7
Dud el t 91 dl 1161114
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Risk Management
Public Works /t/
0-.W-l\OM071WFW1n7\D.taDZCONTRAC113edJPAree
WPA No:4115464 F.A.No:N/A
Job No:88010.3518 Fund Code:LF
Contract No:
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 1997,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
WHEREAS,the DEPARTMENT and the COUNTY are desirous of having the DEPARTMENT make
certain improvements in connection with State Project Number 88010-3518(W.P.1.No.4115464),along
16th Street in Indian River County,Florida;and,
WHEREAS,the COUNTY is prepared to contribute funds toward improvements consisting of:Complete
replacement of fourteen culverts/catch basins along the existing side street and back lot ditch culverts.
The fourteen culverts are to be replaced with reinforced concrete pipe(R.C.P).Inlet types will be specified
as appropriate for drainage condition.
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Time improvements are in Indian River County and arc hereinafter referred to as the PROJECT.and,
WHEREAS.the improvements arc in the interest of both the COUNTY and the DEPARTMENT and it
would be more practical,expeditious,end economical for the DEPARTMENT to perform such activities;
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WHEREAS,the COUNTY by Resolution No.pr-qi adopted onei+t•,[u, 7.1997,a copy of
which is attached hereto and made a pert hereof, enthorkm the proper County officials to enter into this
AGREEMENT,
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NOW,THEREFORE.in consideration of the mutual benefits Do be derived from joint punteipation as
the PROTECT.the parties epee go the fvftwftgs
1. The recif h set fdrtS above ars true and coneet and are deemed tncmrpomW hemim.
2. Thd DEPARTMENT shall be►espnalblt fa pedwm the 11t4Oi10 and shad direct the
manaTu mens etthe FAMC C.
T. The 115EPA16I ENT Mall be mrypomtibk kbn aaaunlitlf,dint Ma PROACt comphuw with.all
P''t&nl lkill wrtj Adhtlntsraaatitro lTIIWANand CIPAlfi t(GtIS T trmdhe(At.
4, Tha CGUiNtY agrsiss to make all pncvtouas tnrdias„maps,,dNaw t04%,sun sy"and ether dhfa and
Inikrmttrt6III parfaid",,to Nis 1%on:t avIli litblr n Mfr IlE?Alk tlt fINI as acs artrs sort fa ill
WAibtMENt.
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5. The DEPARTMENT shall have the sok responsibility for resolving claims and requests for
additional work for the PROJECT.Via DEPARTMENT will make its best effort to obtain
COUNTY input in its decisions.
M(♦ 6. A.) The COUNTY agrees that it will,at least fourteen(14)calendar days prior to the
DEPARTMENT's advertising the project for bid,punish the DEPARTMENT an advance
deposit estimate of THIRTY FWE THOUSAND DOLLARS(133,000.00)for full
payment of focally horded project number 11010.7510.The advance deposit estimate shall
be the total estimated project cost phu allowarlm If the accepted bid amount is in excess
of the advance deposit amount,the COUNr1Y will provide an additional depoalt within
fourtesn(14)ealendu days of ratification flom the DEPARTNEM EM at prier to passing
the bid,whithever k aarfier,so that the Boal addsnce deposit k equal to the bid amauna
The DEPAR71WENT voill rosify dhe COUNTY assort ar It becomes appaaene the
accepted b(d amount phut alluvwanaes k lit exaass of die a hmae 4paait Amount hawaver,
hAve eflhe MAfb`i MNT'to so no ity,dle C(ItXt1r shatj not jvNijve the COUNry
from itis abhoelija to pay lbs icly.Mill aonrributiam sm final accountihil sit,Fra-AWW he Mini If
the aaaeprad bill smsune 14 lWo Hilum Wla ad44114a drp,tsit amokillk div,VtrililT nt>lN-fT
coin refund dice amount What Wle dirponia ex46e114 Wla hid amaune if sualb eatund lib tsiqueared
by,the CCtU'uty fir tvnitiitf..sml apprrovitd by"lit Ciamp"1140 06 Hitt Uapanhnane of
TRsnspeartritiom et Nit diratgitaat,.nit 0IEIPAl1i`GIGUNI may mlNit difit,ditprosia freer pymano
of,flee prro fiat dl�lObJS GR.!Path parr as hu+tdtam 34"or Olde the tNm same anal saaounefng,
pursuant lea Wla rom of ti 4 Agmemano fid lhas Him dill a<iWanae dbprsitt,a aatluvl of Sit
excess:w13 frit madly by,Hite Ifl"dim iatip rce tlla CCNfiiiUlf tm 444arditnaa wdtib guatiiam
�15,4;7�,iflartrdb Shinrws „snd f liv tin dha evene mid 9111111 billing la grauraa toll",Wit
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advance deposit,the COUNTY will pay the additional amount within 40 days from the
date of the Invoice.
B.) The payment of funds as required above will be made directly to the DEPARTMENT for
deposit into the State Transportation Trust Fund.Payment shall be clearly marked to
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indicate that it is to be applied to project number 88010.3518,WPI 4115464.
C.) 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
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.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.
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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.
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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.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.
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.
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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 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 525,000 and which have a term for a period of more than one(1)year.
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
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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,arising out of this contractor
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.
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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
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
t 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:
• i ;, .
l: District Four
Florida Department of Transportation
3400 West Commercial Blvd.
Fort Lauderdale,Florida 33309-3421
Attn:Ms.Teresa Martin,Contractual Services Administrator
With a copy to:Tim Brock.FDOT Project Manager
A second copy to:District General Counsel
i-
If to the COUNTY:
Indian River County
Public Works Department
1840 25th Street
Vero Beach,Florida 32960
Attn:James W.Davis,P.E.
Public Works Director
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IN WITNESS WHEREOF,the COUNTY has caused this Joint Participation Agreement to be
executed in its behalf this_Z Day of 1997,by the Board of County Commissioners,
authorized to enter into and execute same by Resolution No. and the
DEPARTMENT has executed this AGREEMENT through its District Secretary for District Four
Florida Department of Transportation,this_Day of 1997.The effective date of
this AGREEMENT shall be the date the last party to this AGREEMENT has signed.
' a
INDIAN RIVER COUNTY STATE OF FLORIDA DEPARTMENT 1
OF TRANSPORTATION r^
BY: BY:
ChairpeyonJdDistrict Secretary
GA LYN K. ERT
ATTEST:
Executive Secretary (SEAL)
Date of Execution:
tA=kST: APPROVED:
Cie
��C< At:)-"' Director of Administration
�.e
APPROVED: APPROVED:
oun� ty Legal Counsel District Legal Counsel
(AS TO FORM)
!,ot
IEE
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