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Item F2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 03/19/03 Division: Public Works Bulk Item: Yes No --X- Department: Engineering AGENDA ITEM WORDING: Approval to enter into a Joint Participation Agreement with attached Memorandum of Agreement with the Florida Department of Transportation to construct a project described as CRS-AlFlagler Avenue in Key West as scheduled in the FDOT's Five-Year Work Plan for fiscal year 2002/2003. ITEM BACKGROUND: Flagler Avenue is one of six County roads within the City (palm Avenue, I st and parts of Flagler, Bertha, Duval, Eaton, and Whitehead). The County has jurisdictional and maintenance responsibility on these roads because of their functional classification as major collectors. The State maintains principle arterials (US I and South Roosevelt Boulevard) while the City maintains minor collectors and local roads. PREVIOUS REVELANT BOCC ACTION: Work on Flagler Avenue is part of the 7-Year Plan approved November 20, 2002. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $1.295.000.00 BUDGETED: Yes No~ COST TO COUNTY: $1.295.000.00 SOURCE OF FUNDS: Gas Tax REVENUE PRODUCING: Yes No --2L AMOUNTPERMONTH_ Year APPROVED BY: County Atty --X- OMB~jing _ Risk Management X ?r2t' L County Engffieer {~r2. ~- - - 3/13/0 Dent Pierce ( ~ ITEM PREPARED BY: DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # F ct * Transfer of funds under separate agenda items (OMB Nos. 10 and 12) Revised 1/03 , MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT MODIFICATION SUMMARY Contract with: State of Florida Department Contract No. Locally Funded Project of Transportation #251457-2 Effective Date: Upon execution Expiration Date: Within 365 days of final Contractor payment Contract Purpose/Description: Approval to enter into a Joint Participation Agreement with .attached Memorandum of Understanding with the Department of Transportation to construct the project described as CR5-A/Flagler Avenue in Key West as scheduled in the DOT's Five-Year Work plan for fiscal year 200212003 Contract Manager: David S. Koppel, PE 4426 Engineering / # 1 (Name) (Ext.) (Department/Stop #) For BOCC meeting on 03/19/03 Agenda Deadline: 03/05/03 CONTRACT COSTS/REVENVE. ., ) /, ~/])~ (,n ifil4-l ~~/T..I Total Dollar Value of Contract: $ ~--- Current Year Portion: $1 0 Budgeted? Yes j No Grant: $ County Match: $ CONTRACT REVIEW Changes !1?~e In Needed Division Director 3-/-f2ID ~ YesO NoD Risk Management 3/ 3k Y esO No~ " u( O.M.B./Purchasing Yes[f}NoO Q ;$AA...~ a County Attorney ~ YesD No~ ~ Comments: c9n t3 ~ - ~~...:i 1.,'; . -..e.,r--uu~t u...t,t..c1c ,ft..R "71.i.R.,.4.~ <<- 7~ ,~~ u,<.L. ~ ..t.,.h~. Date Out <-- OMB Form Revised 2/27/01 MCP #2 FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this _ day of March, 2003, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and MONROE COUNTY, hereinafter referred to as the "COUNTY." WITNESSETH: WHEREAS, the Parties have been granted specific legislative authority to enter into this AGREEMENT pursuant to Section 339.12, Florida Statutes; and WHEREAS, the Department is prepared, in accordance with its Five Year Work Program, to construct the project described as CR5-A / Flagler Avenue in Key West, FL, in Fiscal Year 2002/2003, said project designated by the DEPARTMENT as Item No. 251457-2-52- 01, hereinafter referred to as the "PROJECT"; and WHEREAS, the implementation of the PROJECT is in the interests of both the DEPARTMENT and the COUNTY and it would,be most practical, expeditious, and economically advantageous for the COUNTY to advance the funds for the Construction Phase of the PROJECT; and WHEREAS, the COUNTY by Action dated March _,2003, a copy of which is attached hereto and made a part hereof, has agreed to advance to the DEPARTMENT an amount of$I,220,000.00 for the Construction of the PROJECT. NOW, THEREFORE, in further consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. (A) The COUNTYagrees that it will, at least fourteen (14) calendar days prior to the Department's advertising the project for bid, furnish the Department an advance deposit in the amount of$ 1,220,000 (One Million Two-hundred twenty Thousand dollars) for full payment of the estimated project cost for Locally Funded project number 251457-2. The advance deposit shall be the total estimated project . cost plus allowances (Allowances: Contingency $75,000). The Department may utilize this deposit for payment of the costs of the project. (B) If the accepted bid amount plus allowances is in excess of the advance deposit amount, the COUNTY will provide an additional deposit within fourteen (14) calendar days of notification from the Department or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The Department will notify the COUNTY as soon as it becomes apparent the accepted bid amount plus allowances is in excess of the advance deposit amount; however, failure of the Department to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. If the COUNTY cannot provide the additional deposit within 14 days, a letter must be submitted to and approved by the Department's project manager indicating when the deposit will be made. The COUNTY understands the request and approval of the additional time could delay the project, and additional costs may be incurred due to a delay of the project. (C) If the accepted bid amount plus allowances is less than the advance deposit amount, the Department will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the COUNTY in writing. (D) Should project modifications occur that increase the COUNTY's share of total project costs, the COUNTY will be notified by the District accordingly. The COUNTY agrees to provide, without delay, 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 participation on final accounting as provided herein below. (E) The Department intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three-hundred and sixty days of final payment to the Contractor. All project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final close out of the project. The Participant will be notified of the final cost. Both parties agree that in the event the 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. (F) In the event said final accounting of total project costs is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from.the Department. The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice is paid. (G) Type of Deposit: The payment of funds under this Locally Funded Agreement will be made directly to the Department for deposit and as provided in the attached MOA between COUNTY, Department and the State of Florida, Department of Insurance, Division of Treasury. (H) Contact Persons: COUNTY: Address: 1100 Simonton St. Rm. 231 Key West, FL 33040 Contact Person: David Koppel Telephone # (305) 292-4560 Fax # (305) 292-4558 DEPARTMENT: District Contact: David J. Mendez Telephone #: (305)470-5207 suncom: 429-5207 Fax # (305L 470-5547 suncom: 429-5547 2. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and nothing herein shall be construed to violate the provisions of Section 339.135 (6)(a), Florida Statutes, which provides: The Department, during any fiscatyear, 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 a contract 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. 3. The DEPARTMENT agrees to provide the COUNTY's Public Works Department with draft and final copies of all work products for the Construction Phase of the PROJECT, including, but not limited to, technical reports, studies, plans and specifications for the COUNTY's review and records. 4. The community involvement and public information tasks shall be accomplished by the COUNTY in conjunction with the DEPARTMENT. 5. 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. In the event the COUNTY prevails in said suit, the DEPARTMENT shall pay the COUNTY's reasonable attorney fees and court costs. 6. To the extent permitted by law, the COUNTY agrees to indemnify the DEPARTMENT and all of its officers, agents, or employees from all claims, demands, or liability due to any act or omission, neglect or wrongdoing of the COUNTY or any of its officers, agents, or employees, and the COUNTY agrees to defend the DEPARTMENT against any and all such claims or demands which may be claimed and have arisen as a result of or in connection with the COUNTY's participation in this Agreement. Nothing contained herein shall be construed so as to contravene the provisions of Section 768.28-ofthe Florida Statutes, nor shall this Article be construed to require the COUNTY to indemnify the DEPARTMENT's own negligence. 7. To the extent permitted by law, the DEPARTMENT agrees to indemnify the COUNTY and all of its officers, agents, or employees from all claims, demands, or liability due to any act or omission, neglect or wrongdoing of the DEPARTMENT or any of its officers, agents, or employees; and the DEPARTMENT agrees to defend the COUNTY against any and all such claims or demands which may be claimed and have arisen as a result of or in connection with the DEPARTMENT's participation in this Agreement. Nothing contained herein shall be construed so as to contravene the provisions of Section 768.28 of the Florida Statutes, nor shall this Article be construed to require the DEP ARTME;NT to indemnify the COUNTY for the COUNTY's own negligence. 8. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 9. If any part of this Agreement shall be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the terms and requirements of the applicable law. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: Jose Abreu, P.E. TITLE: TITLE: District Secretary, D6 ATTEST: TITLE: APPROVED AS TO FORM County Attorney ATTEST: TITLE: APPROVED AS TO FORM ~2-C2 (] District General Counsel FLORIDA DEPARTMENT OF TRANSPORTATION MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this _' day of March, 2003, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FOOT", and the Sate of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasury", and the County of Monroe, hereinafter referred to as the "COUNTY," WITNESSETH: WHEREAS, FOOT, is currently constructing the following project: Financial Management No.: 251457-2 Project Name: Flagler Avenue (CR5-A) County: Monroe Hereinafter referred to as the "Project". WHEREAS, FOOT and the COUNTY entered into a Locally Funded Joint Participation Agreement dated ' , 2003, wherein FOOT agreed to perform certain work on behalf of the COUNTY in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FOOT and the COUNTY to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the COUNTY by the FOOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of $1,220,000.00 (One Million Two- Hundred Twenty Thousand Dollars) will be made by the COUNTY into an interest bearing escrow account established by the Department for the purposes of the project. Said escrow account will be oplmed with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities, on behalf of the FOOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FOOT. 2. Other deposits will be made only by the COUNTY as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. All deposits shall be made payable to the Department of Insurance, Revenue Processing and mailed to the FOOT Office of Comptroller for appropriate processing at the following address: Florida Oepartment of Transportation Office of Comptroller 3717 Appalachee Parkway, Suite E Mail Station 24 Tallahassee, FL 32311 ATTN: LFA Coordinator A copy of this Agreement should accompany the deposit. When the check is mailed to Tallahassee, the COUNTY shall also mail a copy of the check to the District Office at he following address: Florida Department of Transportation - District Six 1000 NW 111 Avenue, Room 6247 Miami, FL 33172 ATTN: David J. Mendez, P.E., Project Manager 4. The. FOOT's Gomptroller,or designee(s) shall be the solei signatories on the escrow account with the Department of Insurance and shall have sole authority to authorize \l\fithd rawa Is from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined: in the LFA. 6. The Treasury agrees to provide written confirmation of receipt of funds to the FOOT. 6. The Treasurers Office further agrees to provide periodic reports to the FOOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF INSURANCE DIVISION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 03/19/03 Division: Public Works Bulk Item: Yes --1L- No Department: Engineering AGENDA ITEM WORDING: Approval to enter into a Joint Participation Agreement with attached Memorandum of Agreement with the Florida Department of Transportation to construct a project described as CR5-AlFlagler Avenue in Key West as schedule in the FDOT's Five-Year Work Plan for fiscal year 2002/2003. ITEM BACKGROUND: Flagler Avenue is one of six County roads within the City (Palm Avenue, 1st and parts of Flagler, Bertha, Duval, Eaton, and Whitehead). The County has jurisdictional and maintenance responsibility on these roads because of their functional classification as major collectors. The State maintains principle arterials (USl and South Roosevelt Boulevard) while the City maintains minor collectors and local roads. PREVIOUS REVELANT BOCC ACTION: Work on Flagler Avenue is part of the 7-Year Plan approved November 20, 2002. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $1.400.000.00 BUDGETED: Yes X No COST TO COUNTY: $1.400.000.00 SOURCE OF FUNDS: Gas Tax REVENUE PRODUCING: Yes No -1L AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB~~Management_ .~,:?~~ / Dent Pierce ITEM PREPARED BY: DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included To Follow X Not Required AGENDA ITEM # ~_ DISPOSITION: Revised 1/03 AGENDA ITEM WITH LATE DOCUMENTATION DMSION PUBLIC WORKS DEPARTMENT Engineering SUBJECT Florida Department of Transportation Joint Participation Agreement with attached Memorandum of Agreement - Flagler DATE ITEM WILL BE AVAILABLE 3/12/03 AGENDA ITEM NUMBER