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HomeMy WebLinkAboutIII (I) Approval and Authorization for the Mayor and City Clerk to execute Joint Participation Agrement with The State of Florida Department of Transportation Agenda 1-19-99 • • •• Item III I o. T V �i ## q 0 ,410O , r ��o� ooca` JAMES W. SHIRA, P.E. CITY ENGINEER/ UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT. 142•FAX(407)656-7835 MEMORANDUM DATE: January 14. 1999 TO: The Honorable Mayor and Hoard of City Commissioners FROM: David A. Wheeler, Assistant City Engineer/Utilities Director SUBJECT: Joint Participation Agreement with The State of Florida Department of Transportation Many of the drainage improvements proposed for the intersection of Bluford and Orlando Avenues and along Taylor and Franklin Streets fall within the jurisdiction of the Florida Department of Transportation's (FDOT) right-of-way for State Road 439. These two areas have been identified in the Capital Improvements Projects program for repair. Both projects were included in the Group 2 projects. In mid year of 1998, PEC, Inc. completed design on the Bluford/Orlando Avenue improvements and submitted them to the FDOT for permitting approval so that construction could proceed in the fall of last year. While in the permitting review stage, FDOT staff proposed funding assistance from FDOT as an offer of good faith. The City was going to solve some drainage issues in this intersection that were partially as a result of FDOT drainage problems within their right-of-way. In addition, the FDOT problems were not high enough on their priority list to warrant inclusion in their five year plan. When we proposed the addition of the Taylor/Franklin Street project, FDOT stall felt the overall project was significant enough to warrant funding assistance. FDOT has proposed funding assistance to the City in the amount of$100,000 to aide in the construction of the improvements included in both projects. The FDO'l' funds will come from their fiscal year budget 1999/2000 and be reimbursed to the City upon completion of the two construction projects. The amount of participation was arrived at by comparing contributing drainage areas and cost of construction within each right-of-way. The current estimate of construction is approximately $400,000. THE PRIDE OF WEST ORANGE "5C�g Although the obtaining of this unexpected funding assistance has delayed the construction of the Bluford/Orlando Avenue project, Staff was not willing to turn down the FDOT offer based upon the amount of the offcr. The Franklin/Taylor Street project is currently in design and should he ready to go to permitting in February. I recommend that the City Commission accept the offer of$100,000 in funding assistance from the State of Florida Department of'I ransportation and authorize the Mayor and City Clerk to execute the Joint Participation Agreement. Attachment State Road: 439 Section: 75230 FM No. : 405680 County: Orange JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF OCOEE This Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and CITY OF OCOEE, a political subdivision 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 Five Year Work Program, to undertake the project described as stormwater improvements at three (3) intersections, in Fiscal Year 1999/2000 , said project being known as FM No . 405680, Section 75230 , State Road 439 , Orange County, 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, and economical for the LOCAL GOVERNMENT to perform the services to effect construction; 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 shall develop design plans for the PROJECT which shall be reviewed and approved by the DEPARTMENT prior to construction . 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 3 herein are conditioned upon the completion of the PROJECT by the LOCAL GOVERNMENT' S contractor, in a manner consistent with the PROJECT ' s approved 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 $100, 000 , beginning in Fiscal Year 1999/2000 for the construction of the PROJECT. The DEPARTMENT further agrees to request appropriation of said amounts 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 construction of the Project and the CEI work . 5 . The DEPARTMENT agrees to make a lump sum payment to the LOCAL GOVERNMENT in the amount of $100, 000 during the Fiscal Years specified in paragraph 3 above . The lump sum payment is conditioned on the following: A. That LOCAL GOVERNMENT has incurred $100 , 000 for construction work in costs for work performed under this Agreement; E . That LOCAL GOVERNMENT provide DEPARTMENT with invoices and other documentation sufficient to evidence that LOCAL GOVERNMENT has incurred the requisite costs ; C. That LOCAL GOVERNMENT provide DEPARTMENT with a letter from a person authorized to confirm that LOCAL GOVERNMENT has incurred the requisite costs . D. That the LOCAL GOVERNMENT has completed construction of the Project and the DEPARTMENT has inspected and approved the work. 6 . If LOCAL GOVERNMENT does not incur $100, 000 in costs for construction work performed under this Agreement, then DEPARTMENT will make payment in an amount less than those amounts respectively, which the LOCAL GOVERNMENT has asserted and provided 2 documentation to the DEPARTMENT in accordance with Paragraph 5 (B) , (C) and (D) . 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 . All tracings, plans, specifications, maps, models and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use . The DEPARTMENT will have the right to visit the site for inspection of the work and the drawings of the LOCAL GOVERNMENT at any time . 9 . 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: "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 funds . Nothing herein contained shall prevent the making 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 paid for in 4 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. " 10 . 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 . l7 . This Agreement shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. 12 . This document incorporates and includes all proper negotiations, correspondence, conversations, 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. 13 . The DEPARTMENT agrees that the construction, reconstruction, and maintenance of the State facility for this PROJECT is necessary and practical and in the best interests of the citizens of the State of Florida, and does hereby authorize the LOCAL GOVERNMENT to proceed with construction of the roadway as shown on the approved right of way maps and construction drawings . a IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of , 19 , and the DEPARTMENT has executed this Agreement this day of , 19 CITY OF OCOEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name : S. Scott Vandergrift Nancy M. Houston District Secretary Title : Mayor Attest : Attest : Jean Grafton, City Clerk (SEAL) Executive Secretary (SEAL) Aggr.roed as to Per., Legality Approved as to Form, Legality a..4 Ex-e,.tie... and Execution: rec- Y' District Counsel FOR USE AND RELIANCE ONLY BY THE Financial Provisions Approved CITY OF OCOEE, FLORIDA APPROVED by DEPARTMENT Comptroller AS TO FORM AND LEGALITY this day of , 199_ FOLEY & LARDNER By: City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1999 UNDER AGENDA ITEM NO. J;\WPDOCS\TM\439.JPA 6