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HomeMy WebLinkAboutV (C) Approval and Authorization for Mayor and City Clerk to Execute the Joint Participation Agreement with State of Florida Department of Transportation Staff Report Agreement Page I of 1 Agenda 6-03-2003 Mayor enter nt Good ln Commissioners Item V C S. Scott Vandergrill t - '%anny Howell, District I �tt A ode'son, District s2 City Managers ds Johnson, District 3 .lim Gleason t 7R" Jfy J. Parker. District 4 STAFF REPORT TO: The honorable Mayor and City Commissioners FROM: Janet Shira, Assistant to the City Manager DATE: May 23, 2003 RE: Approval of Joint Participation Agreement between the State of Florida Department of Transportation and the City of Ocoee ISSUE Should the Mayor and City Commissioners approve the attached Joint Participation Agreement between the State of Florida Department of Transportation and the City of Ocoee? BACKGROUND/DISCUSSION The City of Ocoee has been working with the Florida Department of Transportation to come to terms on changing the jurisdictional designation of certain roads from State to City. the road segments specifically under consideration are Bluford Avenue from State Road 50 to McKey Street, McKey Street from Bluford Avenue to Taylor Street, Taylor Street from McKey to Franklin. Franklin to Bowness, and then Bowness or S.R. 437 to its intersection with State Road 438. The Florida Department of Transportation has agreed to transfer these roadway segments to the City. Through the negotiation, the City has also secured $850,000 for improvements to the Bluford Avenue/MeKcy Street area. The attached .IPA outlines the specific terms and general scope of work for these improvements. Once the JPA is signed by both parties, City staff can then work with consultants to bring back a proposed plan for improvements to ensure it meets with City Commission approval before going forward with design and construction. RECOMMENDATION It is respectfully recommended that the Mayor and City Commissioners approve the attached Joint Participation Agreement between the State of Florida Department of Transportation and the City of Ocoee and authorize the Mayor and City Clerk to sign the document. cc: Jim Gleason, City Manager file://C:ADOCUME—1 Aj graftonAM YDOCU-1\AGENDA--I ACommRelAAGREEM—1 ASR_A... 5/27/2003 4 1495 71-3 8-01 &414957-158-II! 'age I of II Financial Management Number: Fund: DS Function: 200 SANIAS Approp: 088849&088717 414957-1-38-01 &414957-1-58-01 Federal Aid No. NA SAMAS Obj: 131521 &563007 Agency: City of Ocoee Catalog of Federal Domestic Org.Code: 55053010541 &55054010508 Assistance No: NA Contract No: yen Jor No.: F596019764002 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 Florida Municipal Corporation of the State of Florida (hereinafter referred to as LOCAL GOVERNMENT), WITNESSETH WHEREAS, the parties have been granted specific legislative authority to enter into this agreement pursuant to Section 339.12, Florida Statues; and WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Work Program, to undertake the project described in Exhibit "A" attached hereto and by this reference made a part hereof, in the DEPARTMENT'S Fiscal Year 2002/2003, said project being known as FM#414957-t-38-01 &FM#414957-1-58-01, The Design and Constntction of the Downtown Ocoee-McKey Strectseape project, from State Road 50 Colonial Drive to State Road 437 H.bt. Bowness Road, Orange County, Limiting Amount $850,000.00 (Eight Hundred Fifty 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 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: 414957-1-38-01 &414957-1-5H-01 Page 2 of I I 1. The term and conditions of this Agreement shall begin upon the date of signature of the later party to sign and shall remain in full force and effect through completion of all services required of the LOCAL GOVERNMENT. This Agreement shall he extended if mutually agreed to in writing by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 2. The LOCAL GOVERNMENT will perform all services necessary to complete the PROJECT: (1) preliminary engineering, and preparation of all design plans, ("Design" Phase), and (2) construction and engineering supervision ("Construction" Phase). Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside the scope of the PROJECT. Except as specifically stated otherwise in this Agreement, all such activities shall be performed at such times, in such manner, under such conditions, and pursuant to such standards as the LOCAL GOVERNMENT, in its sole discretion, deems appropriate. The DEPARTMENT shall not have any jurisdiction or control over the LOCAL GOVERNMENT'S activities, except as specifically stated in this Agreement. 3. In relation to the Design Phase, the parties agree on the following: A.) The LOCAL GOVERNMENT shall hire a Design Engineer in accordance with Section 287.055, Florida Statute, to provide Consultant Design Services for the PROJECT. B.) The LOCAL GOVERNMENT shall complete Design for the PROJECT no later than eight (8) months after the execution of this Agreement. The DEPARTMENT, upon receipt of proper documentation (including an Invoice Summary Sheet and supporting documentation to justify charges) will reimburse the LOCAL GOVERNMENT an amount not to exceed 8100,000.00 (One Hundred Thousand and No/l00 Dollars). Reimbursement shall be made on a monthly basis, provided the LOCAL GOVERNMENT submits documentation of work completed and documentation of payment made to the Design Engineering Firm. C.) The LOCAL GOVERNMENT shall prepare and deliver signed and sealed Design Plans for the PROJECT to the DEPARTMENT, on standard size sheets (22" X 34"), all suitable for reproduction, together with a complete set of specifications covering all constructions requirements for the PROJECT (the "Design Work") 41495/-1-38-01 5414957-1-5S-01 Page 3 of I I prior to commencement o f Construction. A copy o f the Design Work shall be provided to the DEPARTMENT for review and approval. The DEPARTMENT shall assign a Project Manager for design plan review. The DEPARTMENT shall review the plans for conformance to the DEPARTMENT'S requirements and feasibility. The DEPARTMENT'S review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. Within the intended scope of the original design contract, all changes requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and final, corrected plans shall be resubmitted to the DEPARTMENT for approval prior to commencement of Construction. Final plans shall be complete in sufficient detail to construct the project and will include a"Summary of Quantities" sheet. 4. In relation to the Construction Phase, the parties agree on the following: A.) The LOCAL GOVERNMENT shall hire a Contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the PROJECT or, in the alternative, the LOCAL GOVERNMENT shall cause the project to be otherwise constructed. Reimbursements from the DEPARTMENT to the LOCAL GOVERNMENT shall be made on a monthly basis, provided the LOCAL GOVERNMENT submits documentation of work completed and documentation of payments made to the Contractor. B.) The DEPARTMENT, upon receipt of proper documentation (including an Invoice Summary Sheet and supporting documentation to justify charges) will reimburse the LOCAL GOVERNMENT an amount not to exceed $750,000.00 (Seven Hundred Fifty Thousand and No/100 Dollars) for its actual direct costs, excluding the LOCAL GOVERNMENT'S overhead, in accordance with Section 339.12, Florida Statutes. Payment to the LOCAL GOVERNMENT is conditioned upon the performance by the LOCAL GOVERNMENT'S Contractor in a manner consistent with the PROJECT construction plans and specifications. Construction of the PROJECT shall be completed in a timely manner. -(C) The LOCAL GOVERNMENT shall assure that a professional engineering consultant is retained to perform the CEI work for the PROJECT, which CEI work shall be deemed to be part of the PROJECT. However, if the LOCAL 414957-1-38-01 &414957-I-5S-01 I'agc 4 of I I GOVERNMENT utilizes its own work force for the CEI work, all cost and expenses thereof shall be considered LOCAL GOVERNMENT overhead and not subject to reimbursement. The LOCAL GOVERNMENT shall provide copies of all inspection reports to the DEPARTMENT upon request. (D) The LOCAL GOVERNMENT shall be responsible to ensure that the Construction work under this Agreement is performed in accordance with the approved construction documents and will meet a II applicable DEPARTMENT standards. (E) The LOCAL GOVERNMENT shall send to the DEPARTMENT copies of all testing and inspection reports immediately upon their completion. (F) The DEPARTMENT may 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. 6. The DEPARTMENT'S Agreement to reimburse the LOCAL GOVERNMENT for its actual costs, excluding The LOCAL GOVERNMENT'S overhead, in accordance with Section 339.12 of the Florida Statutes is subject to legislative approval and appropriation. The DEPARTMENT will use its best efforts to ensure the PROJECT remains in the DEPARTMENT'S annual Adopted Work Program and will request appropriation of said amounts from the Legislature prior to each Fiscal Year of the DEPARTMENT for the currently anticipated duration of the PROJECT. 7. The LOCAL GOVERNMENT agrees to provide progress reports, if requested by the DEPARTMENT, in the standard format used by the LOCAL GOVERNMENT. The DEPARTMENT will be entitled at all times to be advised, upon reasonable 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 414957-1-38-01 &414957-I-fS-1l Page 5 of II 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 GOVERNEMENT to the DEPARTMENT. 9. The LOCAL GOVERNMENT providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT shall have no longer than five (5) 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 arc measured from the latter oft he d ate the invoice is received or t he goods or services are received, inspected and approved. If a payment is not made available to the LOCAL GOVERNMENT within forty (40) days after receipt of the invoice and receipt, inspection, and approval of the goods and services, the DEPARTMENT shall be liable for a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, which penalty shall be immediately due and payable, in addition to the invoice amount. Interest penalties of less than one dollar (51.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices, w hich 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 experiencing problems in obtaining timely payment(s) from a State Agency. The Vendor Ombudsman may be contacted at (850) 414-5321 or by calling the Department of Financial Service's Hotline, 1-866-274-3368. 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 (S25,000.00), 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 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 414957-1-38-01 &414957-1-55-I11 Page 6 oil' such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may he 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 finds. 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 contacts of the DEPARTMENT which are for an amount in excess of$25,000.00 and which have 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 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. The LOCAL GOVERNMENT may request from the DEPARTMENT that funds have been confirmed and approved. 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 material subject to the provisions of Chapter 119 and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement; provided, however, that the DEPARTMENT shall notify the LOCAL GOVERNMENT in writing of its intent to cancel, along with reasons therefore, and the LOCAL GOVERNMENT shall have 30 days from receipt of notification to cure the defect. 14. This 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 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. 15. 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 414957-I-3K-e1 &414957-1-58-01 Page 7 of I I the invalidated or unenforceable provision is not material to the intended operation of this Agreement. 16. 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: DEPARTMENT Florida Department of Transportation Attn: Mary Schoelzel, JPA Coordinator 719 South Woodland Boulevard Mail Station 548 DcLand, Florida 32720-6834 LOCAL GOVERNMENT City of Ocoee Attn: Jim Gleason, City Manager Ocoee City Hall 150 North Lakeshore Drive Ocoee, Florida 34761 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 or 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 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 414957-1-38-01 &414957-1S8-01 Pagc 8 of I I 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 WITNESS WHEREOF, LOCAL GOVERNMENT has executed this Agreement this day of ,2003 and the DEPARTMENT has executed this Agreement this day of ,2003. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Michael Snyder, P.E. Title: District Secretary Attest: (SEAL) Executive Secretary Legal Review: Financial Provision Approved by DEPARTMENT Comptroller on: 414957-1_th-01 &414957-1-58-01 Page 9 of I I CITY OF OCOEE SIGNATURE PAGE APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergri ft, Mayor DATE: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING FIELD APPROVED AS TO FORM AND LEGALITY ON ,2003, this day of , 2003. UNDER AGENDA rIEM NO. FOLEY & LARDNER By: - City Attorney 41495 i-I-36-01 &414957-1-56-01 Page ID of II EXHIBIT "A" CITY OF OCOEE Financial Management Number: 414957-1-38-01 & 414957-1-58-01 SCOPE OF WORK The intent of this project is to Design and Construction the Downtown Ocoee-McKey Streetscape project, from State Road 50 Colonial Drive to State Road 437 H.M. Bowness Road. This scope may include traffic signals, resurfacing, street lights, stormwater systems, curbs and gutters, enhancement improvements, sidewalks and other related streetscape improvements and materials. The McKey Street Improvements Plan consist of five(5) parts: Intersections: Phase 1 —Bluford Road and McKey Street Intersection Phase 4 --McKey Street and Kissimmee Avenue Intersection Phase 5 —McKey Street and Cumberland Drive Intersection Street Segments: Phase 2—McKey Street from Bluford Road Intersection to Cumberland Drive Intersection Phase 3 —McKey Street from Cumberland Drive Intersection to Kissimmee Avenue Intersection 414957-138-01 ffi.4 4957-1-58-01 Page II of II • EXHIBIT "A" FIN #41 49 57-1-3 8-0 1 & FM#41 495 7-1-5 8-01 COST ESTIMATE - — 1 _ TOTAL ITEM AMOUNT Roadway Surfacing - 590,500.00 On Street Parking $51,20000 Curbs R.Gutters S16,960 00 Tactile Strips(Handicap Rails) $1,360.00 . Sidewalks - $31,800 00 Specialty Crosswalks - - S13,056.00 Street Landscaping A.Shade/Canopy Trees _ $15,000.00 C. Shrubs $3,500.00 D. Ground Cover __ $5,660.00 Irrigation S15.200.00 Street Lights _ $207,360.00 Traffic Signals $134,400.00 Utility Improvements A. Storm Water System S286,000.00 B_ Water System - TBD C. Sanitary System _ TBD SUBTOTAL $1,223,561 00 Survey, Design and Lneineeriq S183,534.16 Permitting - S36,706.84 SUBTOTAL $1,092,237.00 FDOT PORTION _ S850,000.00 PROJECT TOTAL S1,092,237.00