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HomeMy WebLinkAbout2003-017 o FM No.409710-1-58-01 ❑ Check if Locally Funded Agreement Feid. No. 59-6000673 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into thif 3 CV day of �3` 2003 , 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 32960-3365, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements in connection with State FM Number 409710-1-58-01 for the completion of SR-5/US-1 Gifford Area from 41 st Street to North of 42nd Place Stormwater Improvement in Indian River County, Florida. Refer to Exhibit"A" of this Agreement for a detailed Scope of Services; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical,expeditious,and economical for the PARTICIPANT to perform such activities; and, WHEREAS,the PARTICIPANT by Resolution No.2003-005 adopted on January 21 ,2001, 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 PARTICIPANT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT 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. 4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The PARTICIPANT will make reasonable efforts to obtain the DEPARTMENT input in its decisions. 5. The Total DEPARTMENT project contribution will not exceed FORTY-FOUR THOUSAND FIVE HUNDRED EIGHT DOLLARS ($44,508.00). The Project cost shall be allocated and expended in accordance with the Method of Compensation outlined and attached as Exhibit B of this Agreement. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 409710-1-58-01. 1 6. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement,the PARTICIPANT shall pay the Department's reasonable attorney fees and court costs if the DEPARTMENT prevails. 7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein,this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is completed or DECEMBER 31, 2004, whichever occurs first. 10. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statutes. 11. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Project Manager prior to payments. 12. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 13. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Travel Form No. 300-000-01 and shall be paid in accordance with Section 112.061, Florida Statutes. 14. Participants providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has (5)five working days to inspect and approve the goods and services. The Department has 20 calendar days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 calendar days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 15. If a warrant not issued within 40 calendar days after receipt of the invoice and receipt, inspection and approval of the goods and services, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes,will be due and payable,in addition to the invoice amount, to the Participant. Interest penalties of less than one (1) dollar will not be enforced unless the Participant's requests payment. Invoices that have to be returned to a Participant because of Participant preparation errors will result in a delay in the payment.The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 16. A Vendor Ombudsman has been established within the Department of Banking and Finance. 2 The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at(850)410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792. 17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 18. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(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 such 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 TWENTY FIVE THOUSAND DOLLARS ($25,000,00)and which have a term for a period of more than one year." 19. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 20. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT,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 PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 21. To the extent allowed by the Laws of Florida, the PARTICIPANT 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, omission, or commission of the PARTICIPANT, 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. 22. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 3 23. 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. 24. 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: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Jessica Rubio, (954) 777-4626 With a copy to: Georgi Celusnek A second copy to: District General Counsel If to the PARTICIPANT: W. Keith McCully P.E., Esq., Stormwater Engineer Indian River County 184025 th Street Vero Beach, FL 32960 (561) 567-8000, ext. 1562 With a copy to: County Attorney Attachments: - Exhibit A—Scope of Services - Exhibit B — Method of Compensation 4 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. 2003-005_, hereto attached. STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION BY: BY: q,I-LAIRPERSON ROSIE YN QUIROZ A IN DIRECT OF ADMINISTRATION BCC Approved: 01-21-2003 ATTEST: APPROVE . (AS TO FORM) BY• COUNTY CLERK (SE ) DISTRICT GENERAL CO E DEPUTY CLERK APPROVED: APPROVED: R BY BY: cSV ,lC INDIAN RIVER COUNTY ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR Indian River County ApprovedADate Administration Budget Co.Attorney Risk Management Department er, Division 5 EXHIBIT A SCOPE OF SERVICES Construction and construction engineering and Inspection of Improvements consisting of:One 7.0-Acre Wet Detention Lake with Control Structure and Pipe/Swale Network including inlets and access points. Indian River County will design, perform calculations,and produce plans for the project. Indian River County will acquire all permits required for the project. Indian River County will submit as-built plans. The Department will maintain drainage system features within the Department's right-of-way. Similarly, Indian River County will maintain drainage system features within the County's right-of-way. 6 ` EXHIBIT B METHOD OF COMPENSATION 1. The total project cost is estimated to be SIX HUNDRED FORTY EIGHT THOUSAND DOLLARS ($648,000.00). The estimated cost within US-1 right-of-way is ONE HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED NINETY-FIVE ($166,695.00). Based on the Contributing Area (CA) method,the DEPARTMENT's maximum participation is calculated to be FORTY-FOUR THOUSAND FIVE HUNDRED EIGHT ($44,508.00). The CA method divides the project cost according to the percentage of area contributing stormwater runoff to the system. Payment shall be made in two installments for services described in the attached Scope of Services. TWENTY-TWO THOUSAND TWO HUNDRED FIFTY-FOUR DOLLARS($22,254.00)will be paid at THE END OF HALF OF THE CONSTRUCTION TIME upon the Department's receipt of documented costs. The construction time is estimated to be 180 days. At 100% project completion, as determined solely by the DEPARTMENT's Project Manager, the DEPARTMENT will pay the balance of actual costs incurred up to the amount of the DEPARTMENT's contribution not to exceed a total reimbursement of FORTY- FOUR THOUSAND FIVE HUNDRED EIGHT DOLLARS ($44,508.00). Payment by the DEPARTMENT will be based upon documentation of costs incurred,associated progress reports,and as-built plans submitted by the PARTICIPANT. 2. The invoice(s) requesting payment under this agreement, together with a progress report, shall be sent to: Florida Department of Transportation — District 4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Attention: Antonette P. Adams Professional Service Unit 7 RESOLUTION NO. 2003- 005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT [FM# 409710-1-58-011 FOR PARTIAL FUNDING OF A PORTION OF THE EAST GIFFORD STORMWATER IMPROVEMENTS PROJECT WHEREAS, the Board of County Commissioners (County) has received funding for a portion of the East Gifford Stormwater Improvements Project from the Florida Department of Transportation (FDOT) pursuant to the terms of Joint Participation Agreement (JPA) between FDOT and the County, prepared by FDOT, and approved by County staff; and WHEREAS, FDOT requires that the Board of County Commissioners adopt a resolution approving the JPA and authorizing the execution of the JPA by the proper officials of the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board' of County Commissioners of Indian River County, Florida, hereby approves the JPA between the Board of County Commissioners of Indian River County, Florida and FDOT in the form attached to this Resolution as Exhibit A and authorizes the Chairman to execute such JPA. The foregoing Resolution was offered by Commissioner Neuberger and seconded by Commissioner Ginn , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht --A,ye Vice Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Ave Commissioner Arthur R. Neuberger _ Aye Commissioner Thomas S. Lowther Aye The Chairman thereupon declared this Resolution duly passed and adopted this 21st day of January, 2003. Atte Barton, C BOAR4nne2h UNTY O MISSIONERS Bye /, % By Deputy Clerk / R. Mach , Chairman PATRICIA M. RIDGELY PPROVED: unty At orney