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HomeMy WebLinkAboutFlorida Department of Transportation Joint Participation Agreement 2002 '.... ~ Financial Project No: Fund: DS Function: 215 FLAIR Approp: 088717 412803-1-58-01 Federal No.: NA FLAIR Obj.: 790092 Agency: City of Winter Springs Catalog of Federal Domestic Org.Code:55054010508 Contract No: IlL.fLS? Assistance No.: NA Vendor No.: F591026364005 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF WINTER SPRINGS This Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and THE CITY OF WINTER SPRINGS, a political sllbdivision 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 DEPARTMENT is prepared, in accordance with its adopted work program, to undertake the project described as: Construction of a traffic signal at the Intersection of State Road ;;l.t>CI/;L.Cv~ ~ 434 and Vistawilla Drive, in Fiscal Year 20821280J, said project being know as Financial Management Number 412803-1-58-01, State Road 434, Seminole County, Amount ~50.000.00 (Fifty Thousand Dollars), (funding source to be Federal or State as funds availability dictates) 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 work program; 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, and economical for the LOCAL GOVERNMENT to perform the services to complete the PROJECT; NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties agree as follows: 1. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL GOVERNMENT's normal bid procedures to perform the construction work for the PROJECT. The payment from the DEPARTMENT to the LOCAL GOVERNMENT set forth in Paragraph three (3) herein are conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT's contractor, in a manner consistent with the PROJECT construction plans. 2. The LOCAL GOVERNMENT, through its consultant, shall be responsible to ensure that the construction work under this agreement is performed to meet all DEPARTMENT standards. The LOCAL GOVERNMENT shall send to the DEPARTMENT copies of all testing and inspection reports immediately upon their completion. The DEPARTMENT shall perform independent assurance testing and analysis during the PROJECT. Said testing and analysis by the DEPARTMENT shall not relieve the LOCAL GOVERNMENT of its responsibilities under this Agreement to ensure the methods and quality of the work. 3. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for its actual direct costs, excluding LOCAL GOVERNMENT overhead, in accordance with Section 339.12 of the Florida Statutes and subject to legislative approval and appropriation in an amount not to exceed ~50.000.00 (Fifty Thousand Dollars). The DEPARTMENT further agrees to request appropriation of said amount from the Legislature prior to each fiscal year in question. 4. The DEPARTMENT will reimburse the LOCAL GOVERNMENT for its "actual costs", which are limited to the LOCAL GOVERNMENT's direct payments to its contractor(s) and consultant(s) as required for the construction of the PROJECT. 5. Payments will not exceed the amounts specified in paragraph three (3) during the Fiscal ':J.-o-o I L ~ tJ ~ jpl/" Years speeifiea, as reimbursement to the LOCAL GOVERNMENT for costs incurred for work performed pursuant to this Agreement and subsequent to the execution of this Agreement, which payments are conditioned on the following: A. That LOCAL GOVERNMENT has incurred the amounts specified in paragraph three (3) for the construction work in costs for work performed under this Agreement. B. That LOCAL GOVERNMENT provide the DEPARTMENT with invoices and other documentation sufficient to evidence that LOCAL GOVERNMENT has incurred the requisite costs; C. That the LOCAL GOVERNMENT provide the DEPARTMENT with a letter from a person authorized to confirm that the LOCAL GOVERNMENT has incurred the requisite costs; D. That the LOCAL GOVERNMENT has completed construction of the PROJECT; E. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 6. If the LOCAL GOVERNMENT does not incur the amounts specified in paragraph three (3) for construction work in costs for work perlormed under this Agreement, then the DEPARTMENT will make payment in an amount less than those amounts respectively, which the LOCAL GOVERNMENT has asserted and provided documentation to the DEPARTMENT in accordance with Paragraph five (5) (B), (C) and (0). 7. 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. 8. 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. 9. Upon receipt of an invoice, the DEPARTMENT has five (5) 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 Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goC!ds or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(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 endorced, 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 Banking and Finance. The duties of this individual include acting as an advocate for ContractorsNendors 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. 10. All tracings, 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. 11. In the event this Agreement is in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) 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 shall not, during any fiscal year, 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 shall be null and void and no money shall be paid thereof. 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 contracts for a period 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 pai9 for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT in excess of $25,000.00 and having a term for a period of more than one year." 12. The State of Florida's performance and obligation to pay under this contract is conti~gent 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. 13. This Agreement shall continue in effect and be binding on the parties until the PROJECT is competed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, and made by the DEPARTMENT. 14.' The DEPARTMENT may unilaterally cancel this Agreement for refusal by the LOCAL GOVERNMENT to allow public access to all documents, papers, letters, or other material . . subject to the provisions of Chapter 119 and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. 15. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all proper negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained 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. 16. 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, pro'vided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. 17. 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: FLORIDA DEPARTMENT OF TRANSPORT A TION Attention: Mary Schoelzel, IPA Coordinator 719 South Woodland Boulevard DeLand, FL 32720-6834 CITY OF WINTER SPRINGS Attention: Mr. Kipton Lockcuff, P.E. Utility/Public Works Director 1126 East S.R. 434 Winter Springs, FL 32708 18. 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 . " , " 1 . ... entity in excess of the threshold amount provided in Section 287.017, for CATEGORY 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 perfonn 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 WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement thiS~ 27-';df!' of February ,2002, and the DEPARTMENThas execoted this Agreement thiS'Y of t:=1f.M( ~, 2002. LOCAL GOVERNMENT THE CITY OF WINTER SPRINGS STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION By: d~wm~ Name: Ronald W. McLemore Title: City Manager JIY' By: ~-~ --Z N e: Michael Sn der 'h{~: District Secretary J:L Attest: ~/jUiI~ xecutiv ecr~tary (SEAL) Legal Review: ~ . LOCAL GOVERNMENT Attorney