HomeMy WebLinkAboutFlorida Department of Transportation Joint Participation Agreement 2004
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FM# 416402-1-58-01
Page I of II
Original Draft: 01/16/2004
Revised: 06/0912004
Financial Management No.: Fund: DS Function: FLAIR Approp:
416402-1-58-01 FLAIR Obj.:
Agency: City of Winter Springs Contract Amount: $100,000.00 Org. Code: 55
Contract No: Af\J G..~ i" Vendor No.: F591026364
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF WINTER SPRINGS
This Agreement, made and entered into this ~ day of ~~. , 2004, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter
referred to as the DEPARTMENT) and the CITY OF WINTER SPRINGS, a Florida Municipal
Corporation of the State of Florida (hereinafter referred to as the LOCAL GOVERNMENT),
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 LOCAL GOVERNMENT, by Resolution/Minutes, a copy of which is
attached hereto as Exhibit "B" and made a part hereof, has authorized its officers to execute this
AGREEMENT on its behalf;
WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year
Work Program, to undertake the project described as: Construction of Westbound Left Turn
Lane on State Road 419 at Moss Road, Seminole County, in Fiscal Year 2004/2005, said project
being known as FM#4l6402-1-58-0l, Lump Sum Amount $100,000.00 (One Hundred
Thousand and No/100 Dollars), hereinafter referred to as the "PROJECT"; and
WHEREAS, the PROJECT is on the State Highway System, is not revenue producing
and is contained in the adopted Five Year Transportation Plan; and
WHEREAS, the implementation of the PROJECT is in the interests of both the
DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious,
FM# 416402-1-58-01
Page 2 of 11
Original Draft: 01/16/2004
Revised: 06/09/2004
and economical for the LOCAL GOVERNMENT to perform the services to complete the
PROJECT. The funds for this project cannot be used before this Joint Participation Agreement is
executed by both the LOCAL GOVERNMENT and the DEPARTMENT. Any work performed
before the execution of this Agreement will not be reimbursed by the DEPARTMENT.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint
participation of this Agreement, the parties agree as follows:
1. The LOCAL GOVERNMENT will undertake the construction of the westbound
left turn lane on State Road 419 at Moss Road. The LOCAL GOVERNMENT is improving the
corridor and the inclusion of this turn lane is beneficial to improve the operational and safety
characteristics of this intersection. Prior to commencing any work within DEPARTMENT
Right-of-Way, the LOCAL GOVERNMENT shall have executed a permit with the
DEPARTMENT that allows the LOCAL GOVERNMENT to perform work within
DEPARTMENT Right-of-Way. All work within DEPARTMENT Right-of-Way shall be
completed in accordance with the terms and conditions of said permit.
2. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for a
portion of its actual direct construction costs, excluding LOCAL GOVERNMENT overhead, in
accordance with Section 339.12 of the Florida Statutes subject to legislative approval and
appropriation, in an amount not to exceed $100,000.00 (ONE HUNDRED THOUSAND AND
NO/lOO DOLLARS), beginning in the DEPARTMENT'S Fiscal Year 2004/2005 for the actual
direct construction costs of the PROJECT.
3. Actual direct construction costs are limited to the LOCAL GOVERNMENT'S
direct payments to its contractor as required for construction of the PROJECT.
4. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL
GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT.
The payments from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph
two (2) herein are conditioned upon the completion of the PROJECT by the LOCAL
GOVERNMENT'S contractor, in a manner consistent with the PROJECT construction plans.
5. The LOCAL GOVERNMENT shall hire a professional engineering consultant to
perform the CEl work for the PROJECT, which CEI work shall be deemed to be part of the
FM# 416402-1-58-0 I
Page 3 of II
Original Draft: 01116/2004
Revised: 06/09/2004
PROJECT. If the LOCAL GOVERNMENT utilizes its own work force for CEI work for the
PROJECT, all costs and expenses thereof shall be considered LOCAL GOVERNMENT
overhead not subject to reimbursement consistent with paragraph two (2) above. The LOCAL
GOVERNMENT, shall be responsible to ensure that the construction work under this Agreement
is performed to meet all DEPARTMENT standards.
6. Payment herein is conditioned on the following:
(A) The payment from the DEPARTMENT to the LOCAL GOVERNMENT
set forth in Paragraph two (2) herein is conditioned upon the completion of
the PROJECT by the LOCAL GOVERNMENT'S contractor, in a manner
consistent with the PROJECT construction plans;
(B) Within 30 days after completion of the work authorized by this Joint
Participation Agreement, the LOCAL GOVERNMENT shall notify the
DEPARTMENT in writing of the completion; and for all design work that
originally required certification by a Professional Engineer, this
notification shall contain an Engineers Certification of Compliance,
signed and sealed by a Professional Engineer, Exhibit "C". The
certification shall state that work has been completed in compliance with
the PROJECT construction plans and specifications. If any deviations are
found from the approved plans, the certification shall include a list of all
deviations along with an explanation that justifies the reason to accept
each deviation.
(C) The LOCAL GOVERNMENT shall provide documentation of the final
construction costs and that the LOCAL GOVERNMENT has incurred the
amount specified in paragraph two (2) for the construction performed
under this agreement
(D) Bills for fees or other compensation for services or expenses shall be
submitted in detail (including the Notice of Completion, an Invoice
Summary Sheet and supporting documentation to justify the charges)
sufficient for a proper preaudit and postaudit thereof;
FM# 416402-1-58-01
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Original Draft: 01/16/2004
Revised: 06/09/2004
(E) The LOCAL GOVERNMENT must invoice the DEPARTMENT for the
full amount of the funds for this PROJECT within twenty-four (24)
months from the date this Agreement was executed.
7. Participants providing goods and services to the DEPARTMENT should be aware
of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20)
working days to inspect and approve the goods and services. The DEPARTMENT has twenty
(20) days to deliver a request for payment (voucher) to the Department of Financial Services.
The twenty (20) days are measured from the latter of the date the invoice is received or the goods
or serVices are received, inspected and approved. If a payment is not available within forty (40)
days, a separate interest penalty at a rate as established pursuant to Section 2l5.422(3)(b),
Florida Statutes, will be due and payable, in addition to the invoice amount. Interest penalties of
less than one dollar ($1.00) will not be endorsed unless the LOCAL GOVERNMENT requests
payment. Invoices which have to be returned to a LOCAL GOVERNMENT because of LOCAL
GOVERNMENT 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.
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
contacted at (850) 410-9724 or by calling the Department of Financial Services' Hotline, 1-800-
848-3792.
8. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to
the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at
intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times
to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT
and of details thereof. Either party to the Agreement may request and be granted a conference.
9. All tracing, plans specifications, maps, models, reports, or other work product
prepared or obtained under this Agreement shall be considered works made for hire for the
DEPARTMENT and shall 'at all times be and remain the property of the DEPARTMENT
without restriction or limitation on their use. The LOCAL GOVERNMENT will prepare a
FM# 416402-1-58-01
Page 5 of 11
Original Draft: 01/16/2004
Revised: 06/09/2004
construction plans package in a format detennined by the LOCAL GOVERNMENT that is
suitable for reproduction.
10. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE
THOUSAND AND NOIlOO DOLLARS) or has a term for a period of more than one year, the
provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated as follows:
"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 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
DEP ARTMENT which are for an amount in excess of $25,000.00 and which have
a term for a period of more than one year."
11. The State of Florida's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the legislature. The parties agree that in the event
funds are not appropriated to the DEPARTMENT for the PROJECT, this Agreement may be
terminated, which shall be effective upon either party giving notice to the other to that effect.
12. The LOCAL GOVERNMENT agrees to keep complete records and accounts in
order to record complete and correct entries as to all costs, expenditures and other items
incidental to the work for this PROJECT. All cost records and accounts shall be subject to audit
by a representative of the DEPARTMENT for a period of three (3) years after final billing by the
LOCAL GOVERNMENT to' the DEPARTMENT, which audit may include, but shall not
necessarily be limited to, such verifications as to the amount and validity of all costs of the
PROJECT. Any discrepancies revealed by any such audit shall be resolved by -a corrected final
billing from the LOCAL GOVERNMENT to the DEPARTMENT.
13. The DEPARTMENT may unilaterally cancel this Agreement for refusal by the
LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other
FM# 416402-1-58-01
Page 6 ofll
Original Draft: 01/16/2004
Revised: 06/09/2004
material subject to the proVIsIOns of Chapter 119 and made or received by the LOCAL
GOVERNMENT in conjunction with this Agreement.
14. This Agreement shall continue in effect and be binding on the parties until the
PROJECT is completed, any subsequent litigation is complete and tenninated, final costs are
known, and legislatively appropriated reimbursements, if approved, are made by the
DEPARTMENT.
15. The LOCAL GOVERNMENT agrees to complete the PROJECT on or before
March 1, 2006. If the LOCAL GOVERNMENT does not complete the PROJECT within this
time period, this Agreement will expire on the last day of scheduled completion as provided in
this paragraph unless an extension of the time period is requested by the LOCAL
GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the
Agreement. Expiration of this Agreement will be considered termination of the PROJECT.
16. The Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof, and incorporates and includes all prior negotiations,
correspondence, conversation, agreements, or understanding applicable to the matters contain
herein. 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.
17. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or
any other legally constituted body have jurisdiction, to be invalid or unenforceable shall be
severable and the remainder of this Agreement shall remain in full force and effect, provided that
the invalidated or unenforceable provision is not material to the intended operation of this
Agreement
18. All notices required pursuant to the terms hereof shall be sent by First Class
United States Mail. Unless prior written notification of an alternate address for notices is sent,
all notices shall be sent to the following addresses:
DEP ARTMENT
FM# 416402-1-58-01
Page 7 of II
Original Draft: 0 II 16/2004
Revised: 06/09/2004
Holly Lopenski
JP A Assistant/MS 4-522
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5520
holly .lopenski@dot.state.fl.us
Mr. Jerry Woods
Project Manager/MS 562
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PH: (386) 943-5311
jerry. woods@dot.state.fl.us
LOCAL GOVERNMENT
The City of Winter Springs
Attn: Mr. Kipton Lockcuff
1126 East State Road 434
Winter Springs, Florida 32708
19. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION
STATEMENT: A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CA TEGOR Y TWO for a period of 36 months from the date of being placed on the convicted
vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity.
FM# 416402-1-58-01
Page 8 of II
Original Draft: 01/16/2004
Revised: 06/09/2004
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement
this li day of September , 2004, and the DEPARTMENT has executed this
Agreement this ~ i "'1'\ day of Septem bet" , 2004.
CITY OF WINTER SPRINGS
LOCAL GOVERNMENT
STATE OF FLORIDA
DEPARTMENT OF TRANSPORT AnON
By: ~~ w. ~ t:-- -
Name: f?t.",A,-ilJ W. "".C.417"'~"4
Title: C." "1 Y'& 11 .vA Co r; ~
By:
Na e: George Gilhooley
Title: Director of Operations
Attest:
~-
y
-----
----
~~ ~\h.~~~~
Exec tive Secretary ,
~
OCAL GOVERNMENT Attorney
Financial Provision Approval by
Department of Comptroller on:
O~/ 03)04
FM# 416402-1-58-01
Page 9 of 11
Original Draft: 01/16/2004
Revised: 06/09/2004
EXHIBIT "A"
SCOPE OF WORK
Financial Management Number 416402-1-58-01
The LOCAL GOVERNMENT shall construct a Westbound Left Turn Lane on State
Road 419 at Moss Road in Seminole County and have construction inspection done. The Florida
Department of Transportation shall review such plans and shall perform such inspections as may
be required by the Department of Transportation.
FM# 416402-1-58-01
Page 10 of 11
Original Draft: 01/16/2004
Revised: 06/09/2004
EXHIBIT "B"
RESOLUTIONIMINUTES
Financial Management Number: 416402-1-58-01
.i
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
AUGUST 9, 2004
CALL TO ORDER
The Regular Meeting of Monday, August 9, 2004 of the City Commission was called to
order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal'
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
ROLL CALL:
Mayor John F. Bush, present
Deputy Mayor Robert S. Miller, present
Commissioner Michael S. Blake, arrived at 6:31 p.m.
Commissioner Donald A. GiIInore, preserit
Commissioner Sally McGinnis, absent
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, arrived at 6:31 p.m.
City Attorney Anthony A. Garganese, arrived at 6:31 p.m.
A moment of silence was held, followed by the Pledge of Allegiance.
Commissioner Michael S. Blake arrived at 6:31 p.m.
City Manager Ronald W McLemore arrived at 6:31 p.m.
City Attorney Anthony A. Garganese arrived at 6: 31 p. m.
Under "Agenda Changes", Manager McLemore asked the City Commission to "Delete
[Regular Agenda Items] '501' and '502' from tonight's Agenda."
Mayor Bush recognized Mayor Butch Bundy with the City of Longwood.
PUBLIC INPUT
Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: spoke on the park
in Winding Hollow and noted that the slide for small children has had yellow tape around
it for more than a month and problems with a fence at Trotwood Park. Mr. McCoy also
commented on not being able to pay for utility bills via an '" ACH' or a 'Draft' on my
account."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEET!NG - AUGUST 9. 2004
PAGE 2 OF 23
Mr. Chuck Pula, Parks and Recreation Department Director addressed the action
underway on the noted park repairs.
Manager McLemore stated, "The' ACH' service that he is talking about, we are looking
at it and hopefully I can come back at the next Commission Meeting and tell you the
status of that."
AWARDS AND PRESENTATIONS
None.
CONSENT AGENDA
CONSENT
200. Public Works Department
Requesting City Commission Approval To Enter Into A Contract For The
Construction Of A Left Turn Lane On S.R. (State Road) 419 At Moss Road.
No discussion.
co~sift-
2~1. Public 'Yorks Department
Requesting Authorization To Enter Into A Joint Participation Agreement Between
The Florida Department Of Transportation And The City Of Winter Springs For
The Moss Road Turn Lane On S.R. (State Road) 419.
There was discussion on this Agenda Item.
CONSENT
202. Finance Department
Requesting The City Commission Adopt Resolution 2004-31, Relating To The
Tuscawilla Lighting And Beautification Assessment Area.
Brief discussion.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - AUGUST 9.2004
PAGE 3 OF 23
CONSENT
203. Police Department
Requesting The Commission To Give Approval For The City Manager And Police'
Chief To Renew The Annual School Resource Officers Interagency Agreement
Between The City Of Winter Springs And Seminole County School Board.
Brief discussion.
CONSENT
204. Utility Department
Requesting Authorization To Enter Into An Interlocal Agreement With The Cities
Of Seminole County And Seminole County For County Wide Water Supply
Planning.
This Agenda Item was not discussed.
CONSENT
205. Recreation Department .
Requesting Authorization To Piggyback Off The Orange County Contract Number
02-03-11 VH For A John Deere Progator 2030 Diesel Utility Vehicle.
No discussion.
CONSENT
206. Information Services Department
Requests Commission Authorization To Pay Munis Annual Software Support
Agreement And License Agreement For Munis Software In The Amount Of
. .
$34,860.00.
There was discussion on this Agenda Item.
CONSENT
207. Office Of The City Clerk
Approval Of The July 26, 2004 City Commission Regular Meeting Minutes.
This Agenda Item was not discussed.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
Dt:~T IT ^ D ~,fCC'TTl\Tn. ^' r~, JeT n '){\{\A
.'-L.......'\J.""~~I' J'"L;L; I "''-J - {.'v'-_vu I "', ..\..v~
PAGE 4 OF 23
CONSENT
208. Office Of The Mayor
Resolution 2004-32 - A Resolution Of The City Of 'Winter Springs, Florida,
Expressing Appreciation To Mervin Warner For His Service On The Code
Enforcement Board.
No discussion.
CONSENT
209. Office Of The Mayor
Resolution 2004-33 - A Resolution Of The City Of Winter "Springs, Florida,
Expressing Appreciation To Linda Tillis For Her Service On The Tuscawilla
Lighting And Beautification District Advisory Committee.
There was discussion on this Agenda Item.
. "MOTION TO APPROVE" [CONSENT AGENDA]. MOTION BY DEPUTY
MAYOR MILLER. MAYOR BUSH STATED, "SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMMISSIONER GILMORE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
INFORMATIONAL AGENDA
INFORMATIONAL
300. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
,Projects.
Mr. John Baker, AICP, Senior Planner, Community Development Department addressed
the City Commission. .
Deputy Mayor Robert S. Miller stated, "On the Item which shows - on the second page -
'Medallions Convenience Store', I noticed there that there is a provision for 'Car wash' -
where has that discussion gone?"
4 "
FM# 416402-1-58-01
Page II of II
Original Draft: 01116/2004
Revised: 06/09/2004
Exhibit "C"
NOTICE OF COMPLETION
JOINT PARTICIPATION AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
and the CITY OF WINTER SPRINGS
PROJECT DISCRIPTION: Construction of Westbound Left Turn Lane on SR 419 at Moss Road
FINANCIAL MANAGEMENT ID#
416402-1-58-01
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT,
the undersIgned hereby provides notification that the work authorized by this Agreement is
complete as of
CITY OF WINTER SPRINGS
.2004.
By:
Name:
Title:
ENGINEER'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT,
the undersigned hereby certifies that all work which originally required certification by a
Professional Engineer has been completed in compliance with the PROJECT construction plans
and specifications. If any deviations have been made from the approved plans, a list of all
deviations, along with an explanation that justifies the reason to accept each deviation, will be
attached to this Certification.
SEAL:
By:
.P.E.
Name: .
Date: