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HomeMy WebLinkAbout2004-304 li I FM No : 414794-1 -58-01 FEID No : VF-596-000-673 © W � 361 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT and between the tate of THIS AGREEMENT, ntered into this day of 20()_, by S Florida Department of Transportation hereinafter called the DEPARTMENT , and the INDIAN RIVER COUNTY located at 1 1840 25th STREET, VERO BEACH , FLORIDA 32960 , hereinafter called the PARTICIPANT. WITNESSETH WHEREAS , the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements n connection with Financial Management ( FM) Number 414794-1 -58-01 for VARIOUS ROADWAY IMPROVEMENTS in INDIAN RIVER COUNTY , Florida . WHEREAS , the impro ements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practic I , expeditious , and economical for the PARTICIPANT to perform such activities ; and , WHEREAS , the PARtICIPANT by Resolution No . M-143 adopted on December 7 , 200A., a copy of which is attached he 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 DEPARTMENT agrees to make all previous studies , maps , drawings , surveys and other data and information pertaining to the Project available to the PARTICIPANT 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 best efforts to obtain the DEPAR rMENT input in its decisions . 5 . The DPARTMENT shall send the PARTICPANT' S Traffic Division a written request to perform project related design , construction , installation , fabrication , & modification activities , hereinafter called a Project Work Order Assignment . 6 , The PARTICIPANT shall only perform those activities designed in a Project Work Order Assignent . Upon receipt of a written Project Work Order Assignment , the PARTICIPANT shall prpare a written lump sum cost proposal for all work reflected in the Project Work Order Assignment . The PARTICIPANT shall not proceed with any Project Work Order Assignment related activity prior to receiving written authorization from the DEPARTMENT . 1 of 6 ' P 7 . The DEPARTMENT will issue necessary permits for the PARTICIPANT to accomplish the work described in the Project Work Order Assignment below at no cost to the PARTICIPANT. Such permits shall be provided upon issuance of the written authorization from the DEPARTMENT to proceed with a Project Work Order Assignment. 8 , The PARTICIPANT shall advise the DEPARTMENT upon its completion of each given Project Work Order Assignment and shall request DEPARTMENT inspection of the work performed and materials/equipment installed bythe PARTICIPANT. The DEPARTMENT will perform an initial inspection to determine compliance with current DEPARTMENT standards and specification and will advise the PARTICIPANT of deficiencies identified during the inspection . The PARTICIPANT shall correct such deficiencies and request a re- inspection by the DEPARTMENT. This process shall continue until the DEPARTMENT is satisfied that all workmanship , materials , and equipment are in compliance with current DEPARTMENT standards and specifications , at which point the DEPARTMENT will issue a written notification to the PARTICIPANT of its acceptance of the Project Work Order Assignment. 9 . The total estimated cost of the Project is ONE HUNDRED THOUSAND DOLLARS ($ 100 ,000 . 00) . The DEPARTMENT agrees to pay the PARTICIPANT an amount not to exceed ONE HUNDRED THOUSAND DOLLARS ($ 100 ,000 . 00) , for the various services described in Exhibit A of this agreement . The DEPARTMENT' S participation amount of ONE HUNDRED THOUSAND DOLLARS ($ 100 , 000 .00) will be comprised of a cumulative total of all authorized Project Work Order Assignments . Funds shall be released in accordance with the following procedure : A . The PARTICIPANT shall submit an invoice to the DEPARTMENT for a given Project Work Order Assignment reflecting the DEPARTMENT- approved lump sum amount. The invoice shall specify the following : i . Description of Project Work Order Assignment ii . Lump sum amount for Project Work Order Assignment iii . Date of the DEPARTMENT' S written authorization to proceed with Project Work Order Assignment iv. Date of Project Work Order Assignment acceptance v . Invoice amount ( Lump Sum amount multiplied by the percentage of completion ) - Support documentation of expenses shall be submitted with each invoice . B . Invoices shall be paid upon completion of work authorized and only for that work authorized by the pertinent written authorization to proceed ( reference 9Aiii above ) for the Project Work Order Assignment . 10 , The DEPARTMENT' S obligation to pay is contingent upon an annual appropriation by the Florida Legislature . 11 . The DEPARTMENT may modify a given Project Work Order Assignment and/or its associated lump sum amount to change the initial scope of the assignment and approve a new lump sum payment upon mutual agreement of the parties . 2of6 The DEPARTMENT' S Project Manager shall prepare a written modified Project Work Order Assignment which details the revised scope of services to be performed . The DEPARTMENT shall submit the modified Project Work Order Assignment to the PARTICIPANT for acceptance , Upon receipt of the modified Project Work Order Assignment , the PARTICPANT shall rev ew , sign or initial (as acceptance of Project Work Order Assignment) , and return to the DEPARTMENT along with a new written lump sum cost proposal for all work reflected in the modified Project Work Order Assignment. The PARTICIPANT shall not, proceed with any Project Work Order Assignment related activity prior to receiving written authorization from the DEPARTMENT . 12 . 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 . 13 . 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 . 14 . This AGI EEMENT and any interest herein shall not be assigned , transferred or otherwise encumb red 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 . 15 . 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 as evidenced by the w ` itten acceptance of the DEPARTMENT or June 30 , 2006 , whichever occurs first . 16 . Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215 .422 ( 14) , Florida Statutes , or by the Department's Comptroller under Section 334 . 044 (29) , Florida Statutesl 17 . If this AGREEMENT involves units of deliverables , then such units must be received and accepted in writing by the Project Manager prior to payments . The DEPARTMENT will render a decision on the acceptability of services within 10 working days of receipt of a progress report. The DEPARTMENT reserves the right to withhold payments for work not completed , or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the DEPAR MENT. Any payment withheld will be released and paid to the PARTICIPANT promptl when work is subsequently performed . 18 . Bills for ees or other compensation for services or expenses shall be submitted in detail sufficien for a proper preaudit and postaudit thereof . 19 . Bills for travel expenses specifically authorized in this AGREEMENT shall be submitted on the Department's Travel Form No . 300 -000 -01 and will be paid in accordance with Section 112 . 061 , Florida Statutes . 3 of 6 i 20 . PARTICIPANTS providing goods and services to the DEPARTMENT should be aware of the following time frames . Upon receipt, the DEPARTMENT has ( 10) ten working days to inspect and approve the goods and services . The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services . The 20 days are measured from the latter of the date the invoice is received or the goods or services are received , inspected and approved . 21 . If a payment is not available within 40 days , 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 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 . 22 , A Vendor Ombudsman has been established within the Department of Financial Services . 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 Department of Financial Services ' Hotline , 1 -800 - 848 -3792 . 23 . 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 general accounting records and the project records , together with supporting documents and records , of the contractor and all subcontractors performing work on the project, PARTICIPANT' S and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs . 24 . 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 . " 4 of 6 25 . 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 fid employee employed by the PARTICIPANT. For breach or violation of this provision , the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 26 . 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 , contractors , subcontractors , consultants , and/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 . 27 . This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida . 28 . This document incorporates and includes all prior negotiations , correspondence , convers ,tions , 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 , amendm'lent, 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 , 29 . Any or ajll 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 : Leos A. Kennedy, Jr. With a copy to : Marcin Gadek & James Ford A second copy to : District General Counsel If to the F ARTICIPANT : INDIAN RIVER COUNTY 1840 25th Street Vero Beach , FL 32960 Attn : Jim Davis , P . E . Director With a copy to : Attorney 5of6 IN WITNESS WHEREOF , this Agreement is to be executed by the parties below for the purposes specified herein . [ If Local Government : Authorization has been given to enter into and execute this Agreement by Resolution No . 2004 - 143 , hereto attached . ] STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION BY BY : NAME : Ar hur R . ed ROSIELYN QUIROZ TITLE : Chairman DIRECTOR OF TRANSPORTATION SUPPORT A EST: APPROVED : (AS TO FORM ) BY : COUNTY CLERK (SEAL) DISTRICT GENERAL COUNSEL APPROVED : APPROVED : BY : kr--. i' C �'`c J BY: COUNTY ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR 6of6 s Exhibit "A" Scope of Services 1 . The s ope of the project includes various roadway improvements related to pedestrian safety including, but not limited to : design & construction of sidewalks, design, construction, installation, fabrication, and modification of certain traffic control devices related to pedestrian safety in Indian River County on the State Highway Systems, at locations identified by the DEPARTMENT . This is a Project Work Order Assignment agreement. Every Project Work Order Assignment will have aj detailed scope of services with the associated lump-sum reimbursement amount.. 2 . The luip- sum amount will be based on the $ 189,000 . 00/mile sidewalk price for the typical 6-foot wide sidewalk. 3 . All des shall be ADA compliant,- provide pedestrian ramps at all driveways or street rossings, reflect current DEPARTMENT design standards (Index 304) , specifications, procedures, and current DEPARTMENT Approved Product List equipment and materials . 4 . All plans shall be submitted to the DEPARTMENT for review and approval prior to construction. RESOLUTION NO , 2004 - 143 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN f LIVER COUNTY AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, WHEREAS , the Florida Department of Transportation has a initiated a sidewalk gap program for const ction of pedestrian facilities along state roadways within District N ; and WHEREAS , the sidewalk gap program is intended to increase pedestrian safety, reduce pedestrian crash incidents , and fill gaps in the pedestrian transportation network within the District ; and WHEREAS , the Florida Department of Transportation has allocated Sidewalk Gap Program funds to Indian River County for the construction of pedestrian facilities along state roadways in Indian River County . NOW, THEREFORE , BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS : 1 . That the Chairman of the Indian River County Board of County Commissioners is authorized to execute aloint Participation Agreement with the Florida Department of Transportation to obtain $ 100000 in FY 2003/04 Sidewalk Gap Program funds . 2 . That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the Sidewalk Gap Program , THIS RESOLUTION was offered by Commissioner . Bowden who moved its adoption . The motion was seconded by Commissioner Da v i s being put to a vote , the vote was as follows : , and upon Chairman Arthur R . Neuberger Aye Commissioner Wesley S•-Davis _Bye Commissioner Gary C . Wheeler Aye Commissioner Thomas S . Lowther Ayp Commissioner Sandra L . Bowden _ A RESOLUTION NO , 2004 - 143 The Chairman thereupon declared the resolution duly passed and adopted this 2LL day of December , X004 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COU TY, FLORIDA Attest ; __- _ By Arthur R. ger, By . Chairman Deputy Clerk I HEREBY CERTIFY that on this day , before me ; an officer duly authorized in this State and County to take acknowledgments , personally a eared Arthur R . Neuberger, as Chairman of the pp Board of County Commissioners , PARICIA M . A16GELY , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed th same . WITNESS my hand and official seal in the County and State last aforesaid this 7th da of December , A . D . , 2004 . y Notary Publi �« ry Kimberly E. Massung MY COMMISSION # OD216503 EXPIRES APPROVE •• ER9 07 NDEDTN UNINS UTROYF' D AS TO OMMUNITY DEVELOPMENT Mfi � ' AINSURANC� INC BY : ` Robert M . Keating, AICP Director Community Dovelopme Departm nt APPROVED AS TO I EGAL SUFFICIENCY I A BY : William G . Co lins , County Attom y P'.\Commuury DevebprtrnOU.ers%N0'MIXEPED\TW' 5i "ilk Box\0704\2IX4BCCRES.dm