HomeMy WebLinkAboutItem VII (D) Approve JPA with FDOT for Landscaping Improvement on Silver Star Road between Olympus Drive and Woodhaven Court and Authorize Mayor and City Clerk to Execute JPA Agenda 09-07-04
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CITY OF OCOEE
AGENDA ITEM COVER SHEET
Date: August 30, 2004 Meeting Date: September 7, 2004
Subject: A Resolution by City Commission to approve a Joint Project Agreement (JPA)
with the Florida Department of Transportation(FDOT)for Landscaping
Improvements on Silver Star Road, from Olympus Drive to Woodhaven Court.
Issue: Approval of Resolution by the City Commission to execute a JPA with FDOT for
Landscaping of Silver Star Road, from Olympus Drive to Woodhaven Court.
Recommendation:
Staff recommends approval of the Resolution and JPA with FDOT for Landscaping of Silver
Star Road, from Olympus Drive to Woodhaven Court.
Background Summary:
The Florida Department of Transportation has authorized and budgeted $250,000.00 in their
current fiscal year(beginning July 1, 2004)for median landscaping on Silver Star Road, from
Olympus Drive to Woodhaven Court. The City will be responsible for the design and
implementation of landscaping in accordance with the terms of the Joint Project Agreement.
Fiscal Impacts:
The City will invoice FDOT for the work complete on regular intervals not-to-exceed
$250,000.00
Commission Action:
Reviewed by City Manager ##40/1"---
Reviewed by City Attorney ' `�'i`�i/ d 3 N/A
Reviewed by Finance WBH 8/30/04 N/A
Reviewed by ere N/A
Mayor Centel of Good Liv Commissioners
S. Scott Vandergrift ..!",-.. , Danny Howell,District 1
,. Scott Anderson, District 2
City Manager _ Rusty Johnson,District 3
Robert Frank - — Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Bob Zaitooni, Deputy Director Public Works
DATE: September 7, 2004
RE: Joint Project Agreement with FDOT for Silver Star Road Landscaping
ISSUE:
Approval of Resolution by the City Commission to execute a Joint Project Agreement(JPA)
with the Florida Department of Transportation(FDOT)for Landscaping Improvements on Silver
Star Road, from Olympus Drive to Woodhaven Court.
BACKGROUND/DISCUSSION
The Florida Department of Transportation has authorized and budgeted $250,000.00 in their
current fiscal year(beginning July 1, 2004)for median landscaping on Silver Star Road, from
Olympus Drive to Woodhaven Court. The City will be responsible for the design and
implementation of landscaping in accordance with the terms of the WA.
A Resolution by the City Commission for the approval of the JPA will expedite the process
which will enable to City to receive the funds more rapidly.
RECOMMENDATION
Staff respectfully recommends City Commission to approve a Resolution and authorize the
Mayor and City Clerk to execute the JPA with FDOT for$250,000.00.
FM#239289-2-58-01 Page 1 of 14
Financial Management No: Fund: DS Function: 200 FLAIR Approp: 088717
239289-2-58-01 FLAIR Obj.: 563007
en Cityof Ocoee Contract Amount: $250,000.00 Org.Code: 55054010508
Agency:
Contract No: Vendor No.: F596019764002
JOINT PARTICIPATION AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF OCOEE
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 OCOEE, a Florida Municipal
Corporation (hereinafter referred to as the LOCAL GOVERNMENT), and is based on the
following premises:
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 generally described as:Landscaping Improvements on State
Road 438. from Olympus Drive to Woodhaven Court, in the DEPARTMENT'S Fiscal Year
2004/2005. Said project being known as,Financial Management Number 239289-2-58-01,Orange
County, in an amount not to exceed $250,000.00 (Two Hundred Fifty Thousand And No/100
Dollars), hereinafter referred to as, the"PROJECT"; and
FM#239289-2-58-01 Page 2 of 14
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 interest of both the
DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical,expeditious,and
economical for the DEPARTMENT to reimburse the funds for the PROJECT to the LOCAL
GOVERNMENT pursuant to Section 334.044 of the Florida Statutes and for the LOCAL
GOVERNMENT to perform the services to complete the PROJECT;
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 term of this Agreement shall begin upon the date of signature of the last party to
sign. The LOCAL GOVERNMENT agrees to complete the PROJECT on or before two years from
the date of execution of this Agreement. 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.
2. The LOCAL GOVERNMENT will prepare all design plans for the PROJECT suitable
for reproduction,together with a complete set of specifications covering all construction requirements
for the PROJECT. A detailed scope of the project is attached hereto as Exhibit"A". Five(5)copies
of the Design Plans shall be provided to the DEPARTMENT. The DEPARTMENT shall review the
plans for conformance to the DEPARTMENT'S requirements and feasibility within forty-five(45)
days of delivery by LOCAL GOVERNMENT. The DEPARTMENT'S review shall not be
considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans.
All changes requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and
final, corrected plans shall be provided to the DEPARTMENT, upon request, in a timely manner.
FM#239289-2-58-01 Page 3 of 14
The LOCAL GOVERNMENT shall provide a copy of the Final Bid documents to the
DEPARTMENT. The expenditure of funds pursuant to this Agreement shall comply with the terms of
§334.044(26), Florida Statute and as amended. Except where prohibited by federal law or federal
regulation and to the extent practical, a minimum of 50%of these funds shall be used to purchase
large plant materials (large plant materials have been defined by the Florida Department of
Transportation to be five (5) gallon or larger containers as defined by the Florida Department of
Agriculture's"Grades and Standards for Nursery Plants")with the remaining funds for other plant
materials. All of the plant materials purchased shall be purchased from Florida-Based Nurseryman
stock on a uniform competitive bid basis.
3. The LOCAL GOVERNMENT shall hire a contractor, using the LOCAL
GOVERNMENT S normal bid procedures to perform the construction work for the PROJECT. If
the LOCAL GOVERNMENT utilizes its own work force for any services for the PROJECT,all costs
and expenses thereof shall not be subject to reimbursement. The payment from the DEPARTMENT
to the LOCAL GOVERNMENT set forth in Paragraph four (4) herein is conditioned upon the
completion of the PROJECT by the LOCAL GOVERNMENT'S contractor,in a manner consistent
with the PROJECT construction plans.
4. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT,excluding
LOCAL GOVERNMENT overhead,in accordance with Section 339.12 of the Florida Statutes and
subject to legislative approval and appropriation. The LOCAL GOVERNMENT may receive
progress payments as specified in Exhibit"C", or may receive a lump sum payment upon completion
and acceptance by the DEPARTMENT for all services required under this agreement,not to exceed
$250,000.00(Two Hundred Fifty Thousand And No/100 Dollars).
FM#239289-2-58-01 Page 4 of 14
5. Reimbursement to the LOCAL GOVERNMENT is conditioned on the following:
A. Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof and
B. That the LOCAL GOVERNMENT has completed,and the DEPARTMENT
has accepted,the portion of services being requested during the billing period;
and
C. The LOCAL GOVERNMENT must invoice the DEPARTMENT for either a
portion of, or for the full amount of,the funds for landscaping improvements
for this PROJECT within twenty four (24) months from the date this
Agreement was executed.
6. Participants providing goods and services to the DEPARTMENT should be aware of
the following time frames. Upon receipt, the DEPARTMENT has twenty (20) working days to
inspect and approve the goods and services, unless the Agreement specifies otherwise. 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 payment is not available
within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
215.422(3Xb), Florida Statutes, will be due and payable, in addition to the invoice amount, to the
participant.Interest penalties of less than one dollar($1.00)will not be enforced unless the participant
requests payment. Invoices, which have to be returned to a Participant because of participant
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 who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the
Department of Financial Services Hotline, 1-800-848-3792 or by calling 1-850-410-9724.
FM#239289-2-58-01 Page 5 of 14
7. 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 shall, in a reasonable time thereafter, be
granted a conference with the other party.
8. The DEPARTMENT and the LOCAL GOVERNMENT agree that until such time as
the landscaping is needed to be removed from the Right of Way,the LOCAL GOVERNMENT shall,
at all times,maintain the PROJECT in a reasonable manner and with due care in accordance with all
applicable DEPARTMENT guidelines, standards and procedures(Project Standards)and as herein
below specified.
a.) The LOCAL GOVERNMENT hereby agrees to have the landscaping installed
on the project as specified in the Landscape Plan(s). Such installation shall be
in conformance with Florida Administrative Code Rule 14-40.003, as it may
be amended from time to time. The LOCAL GOVERNMENT shall not
change or deviate from said plan(s) without written approval of the
DEPARTMENT.
b.) The LOCAL GOVERNMENT agrees to maintain the landscaping installed by
the PROJECT in accordance with the Landscape Maintenance Plan(s). Said
maintenance will be in accordance with Florida Administrative Code Rule 14-
40.003, as it may be amended from time to time. The LOCAL
GOVERNMENT'S responsibility for maintenance shall be consistent with the
requirements of Florida Administrative Code Rule 14.40.003(5),as it may be
amended from time to time. The maintenance functions to be performed by
the LOCAL GOVERNMENT shall be subject to periodic inspections by the
FM#239289 2-58-01 Page 6 of 14
DEPARTMENT. The LOCAL GOVERNMENT shall not change or deviate
from said plan(s)without written approval of the DEPARTMENT.
c.) All landscape installation and maintenance activities undertaken by the
LOCAL GOVERNMENT shall be in accordance with the Maintenance of
Traffic Plan(s).
d.) If at any time after the LOCAL GOVERNMENT has assumed the
landscaping installation or maintenance responsibility above-mentioned, it
shall come to the attention of the DEPARTMENT that the PROJECT,as will
be designed by the LOCAL GOVERNMENT,or a part thereofis not properly
installed or maintained pursuant to the terms of this Agreement,the District
Secretary or his designee may issue a written notice that a deficiency or
deficiencies exist(s), by sending a certified letter to the LOCAL
GOVERNMENT to place said LOCAL GOVERNMENT on notice thereof.
Thereafter, the LOCAL GOVERNMENT shall have a period of thirty(30)
calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the DEPARTMENT
may terminate the Agreement, in which case the LOCAL GOVERNMENT
shall at its own expense and within sixty (60) calendar days after written
notice by the DEPARTMENT, remove all of the landscaping that the
DEPARTMENT directs be removed and return the Right-of-Way to its
original condition. The LOCAL GOVERNMENT will own such materials it
removes and the DEPARTMENT shall own any materials remaining. When
the DEPARTMENT determines that it is reasonably necessary, the
DEPARTMENT may remove, relocate or adjust the landscaping materials.
e.) Prior to commencing the work described herein, the LOCAL
GOVERNMENT shall request and be issued a Notice to Proceed from the
FM#239289-2-58-01 Page 7 of 14
DEPARTMENT'S Local Maintenance Engineer at 407/977-6530.
f.) This Agreement supersedes the normal requirements of separate
DEPARTMENT permits for Right of Way utilization and this Agreement is
deemed to constitute such a permit.
9. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE
THOUSAND AND NO/100 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:
"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 a period exceeding one(1)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
DEPARTMENT which are for an amount in excess of$25,000.00(TWENTY
FIVE THOUSAND AND NO/100 DOLLARS)and which have a term for a
period of more than one(1)year."
In addition,in accordance with Florida Law,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
FM#239289-2-58-01 Page 8 of 14
Agreement may be terminated,which shall be effective upon either party giving notice to the other to
that effect.
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. 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.
11. 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.
12. 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 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.
FM#239289-2-58-01 Page 9 of 14
13. This Agreement shall be governed by the laws of the State of Florida. Any provision
hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity ofthe
remaining portions hereof
14. The terms of this Agreement shall begin upon the date of the signature ofthe last party
to sign and shall remain in full force and effect through completion of all services required of the
LOCAL GOVERNMENT. The DEPARTMENT may, at any stage, amend or terminate the
PROJECT in whole or in part if the DEPARTMENT determines that such action is in the best
interest of the public.
15. All notices required pursuant to the terms hereof shall be sent by first class United
States Mail. Unless is sent, all notices shall be sent to the following addresses:
Florida Department of Transuortation
Holly Lopenskl Jim Wood
JPA Assistant/MS 4-522 Project Manager/MS 593
719 South Woodland Boulevard 2500 Camp Road
DeLand,Florida 32720-6834 Oviedo,Florida 32765-9417
PH:(386)943-5520 PH:(407)977-6530
hollyiopensk ri dot.state fLus jim.wood*dot.state JLus
City of Ocoee
Director of Public Works
150 North Lakeshore Drive
Ocoee, Florida 34761-2258
16. PUBLIC ENTITY CRIME INFORMATION 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
FM#239289-2-58-01 Page 10 of 14
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.
FM#239289-2-58-01 Page 11 of 14
IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this
Agreement this day of ,2004, and the DEPARTMENT has executed
this Agreement this day of , 2004.
LOCAL GOVERNMENT STATE OF FLORIDA
CITY OF OCOEE DEPARTMENT OF TRANSPORTATION
By: By:
S. Scott Vandergrift, Mayor Name: George Gilhooley
Title: Director of Operations
Attest: Attest:
By:
City Clerk (SEAL) Executive Secretary (SEAL)
APPROVED BY THE OCOEE CITY Legal Review
COMIVIISSION AT A MEETING HELD ON
, 2004,
UNDER AGENDA ITEM NO.
District Counsel
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF , 2004. Financial Provisions Approved on:
FOLEY & LARDNER LLP
By:
City Attorney
FM#239289-2-58-01 Page 12 of 14
EXHIBIT"A"
SCOPE OF WORK
Financial Management Number 239289-2-58-01
The LOCAL GOVERNMENT shall prepare design plans, install or cause to be installed
landscaping improvements along State Road 438 in Orange County, from Olympus Drive to
Woodhaven Court (mile post 1.901 to mile post 3.262) 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#239289-2-58-01 Page 13 of 14
EXHIBIT"B"
CITY OF OCOEE
RESOLUTION NO. 2004-
Financial Management Number: 239289-2-58-01
SEE ATTACHED
FM#239289-2-58-01 Page 14 of 14
EXHIBIT"C"
Method of Compensation
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the LOCAL
GOVERNMENT for the services described in Exhibit"A" (Scope of Work)and method by which
payments will be made.
2.0 COMPENSATION
For satisfactory completion of all services detailed in Exhibit"A" (Scope of Work) of this
Agreement, the DEPARTMENT will reimburse the LOCAL GOVERNMENT an amount not to
exceed$250,000.00 (Two Hundred Fifty Thousand And No/100 Dollars).
The LOCAL GOVERNMENT may receive a progress payment at the time the plant materials
have been purchased,to the satisfaction of the DEPARTMENT when properly supported by invoices
or other acceptable evidence of payment. The remaining balance will be due upon the completion and
approval of the project services. Or, the LOCAL GOVERNMENT may receive one lump sum
payment upon completion and acceptance by the DEPARTMENT of all services required under this
agreement.
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY OF OCOEE,
FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A JOINT
PARTICIPATION AGREEMENT BETWEEN THE
CITY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE LANDSCAPING
IMPROVEMENTS BY THE CITY ON SILVER
STAR ROAD, FROM OLYMPUS DRIVE TO
WOODHAVEN COURT; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of
the State of Florida and Chapter 166, Florida statutes.
SECTION 2. The Mayor and City Clerk are hereby authorized and
directed to execute that"Joint Participation Agreement—Landscaping
Improvements on Silver Star Road"between the City and the Florida Department
of Transportation, a copy of which is attached hereto and incorporated herein by
reference.
SECTION 3. Severability. If any section, subsection, sentence,
clause or portion of this Resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not
effect the validity of the remaining portion hereto.
SECTION 4. Effective Date. This Resolution shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2004.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
City Clerk S. Scott Vandergrift,Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON ,2004,
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
,2004.
FOLEY& LARDNER LLP
By:
City Attorney