Agenda Item Name:
Title
County Road 329/South Main Street at State Road 331/SE Williston Road Construction and Maintenance Agreement
End
Presenter:
James Flegert
Description:
Construction and maintenance agreement with FDOT for intersection safety improvements to CR 329/South Main Street at SR 331/SE Williston Road.
Recommended Action:
Recommended Action
1. Adopt resolution 21-XX which approves and authorizes the Chair to sign the Construction and Maintenance Agreement with FDOT for CR 329/South Main Street at SR 331/SE Williston Road, (the "Agreement")
2. Waive the County’s Policy against contractual indemnity set forth in Resolution 2014-33, and approve and authorize the Chair to sign the Agreement.
End
Prior Board Motions:
September 12, 2017 - Board adopted resolution 17-107 authorizing the County to enter into a Local Agency Program Agreement with the FDOT to fund the design and construction of intersection safety improvements at CR 329/South Main Street and SR 331/SE Williston Road.
February 23, 2016 - Board submitted safety grant application for CR 329/South Main Street and SR 331/SE Williston Road.
April 22, 2014 - Board adopted resolution 14-33 related to indemnification.
Fiscal Consideration:
Fiscal Consideration
Since the County already maintains CR 329/South Main Street and the FDOT is fully funding the project including reimbursement for staff time, there is no expectation of any significant fiscal impact from assuming maintenance of these modifications. Project is budgeted in account: 329.79.7910.541.63.99 for $66,000.
End
Background:
In 2015 the County completed a safety study of the intersection of CR 329/South Main Street and SR 331/SE Williston Road. It was determined that the intersection was experiencing a high number of crashes. The County made application for a safety grant from FDOT in 2016 which was awarded to the County in 2017. The improvements will be constructed on or within County owned/maintained property and, therefore, a construction and maintenance agreement ("Agreement") is required to construct the improvements. FDOT is fully funding the project and the County will be responsible for the maintenance of the improvements.
The Agreement requires the County to indemnify FDOT for actions of the County. Alachua County Resolution 2014-33, relating to contractual indemnification by the County, specifies that the County does not indemnify contracted parties; therefore the BoCC must waive this policy in order for the BoCC to approve the Agreement.
BOCC Waiver of County Policy against Indemnification: The Agreement contains an indemnification provision, which would require the County to indemnify FDOT. As per Alachua County BOCC Resolution 2014-33, the County has adopted a Policy “that the County does not indemnify contracting parties.” In recognition that there are instances when the County may determine that it is in its best interests to take on the risk of an indemnity provision, the Policy sets forth factors that the BOCC should consider when evaluating whether to approve an indemnification provision. Those factors are:
The availability of the goods or services from other sources;
The County’s need for the goods or services; and
The probability of an incident occurring that will expose the County to financial liability occurring.
Therefore, in accordance with Resolution 2014-33, the BOCC should consider these factors and make a determination as to whether it should waive its Policy against contractual indemnification and enter into the Agreement. Furthermore, Section 2 of the Resolution sets forth limitations on the indemnity that the County may provide in those instances when the BOCC decides to waive its Policy. The indemnification provisions required by the Agreement exceed the limitations set forth in Section 2 of the Policy. Therefore, approval of the Agreement will also require the BOCC to waive the requirements of Section 2 of Resolution 2014-33.