JOINT PARTICIPATION AGREEMENT (SP# 15040-3527/WPI# 7117148) RESOLUTION 98-36
I
I
State Project No. 15040-3527
WPI No, 7117148
FP No. 255870161
FAP No, N/A
County: PINELLAS
JOINT PARTICIPATION AGREEMENT 1f.~.,sf
This Agreement made by and entered into on this ~'J>. day of, 1 ~ , by
and between the STATE OF FLORIDA, DEPARTMENT OF TRANStORTATION (hereinafter
called the "Department"), and the City of Clearwater (hereinafter called the "Local
Government");
WITNESSETH:
WHEREAS, the Department has let a resurfacing project for S,R. 60 between Sky Harbor
Drive and Highlands Avenue (S,P, #: 15040-3527/W.P.I. #: 7117148), as described in Exhibit A,
and which project included replacement of signals with mast arm signals, and
WHEREAS, the Participant had requested the Department to exclude the work of mast
arm replacement and incidental work at four locations before project letting and, as described in
Attachment A attached hereto, from the Department's contract and perform such work by itself,
and
WHEREAS, the Department is agreeable to allow the Participant to design, let the
project, complete construction, perform construction inspection, and maintain the project on its
completion, The Participant is qualified to directly undertake the project of replacement of the
four mast arms and incidental work as part of its project.
WHEREAS, the Participant by Resolution No, 98-36 , a copy of which is attached
hereto, as Exhibit C and by reference made a part hereto has authorized its officers to execute
this Agreement on its behalf;
NOW, THEREFORE, for and in consideration of the premises hereof and other mutual
benefits to accrue to each of the parties hereto, it is mutually agreed as follows:
1, The Department and Participant shall provide those services described in Exhibit A
attached hereto and by this reference made a part hereof in accordance with the provisions of this
Agreement and in accordance with all applicable documents which form a part of the Project.
2, The Department agrees to contribute to the Participant's direct construction cost, in an
amount not to exceed TWO HUNDRED FOURTEEN THOUSAND ONE HUNDRED AND
FOUR DOLLARS ($214,104.00), The Participant shall utilize these funds for payment of State
Project No, 15040-3527, These funds shall be distributed in one payment as follows:
The Department shall reimburse the Participant for project expenses up to 100% of its
contribution ($214,104.00) after inspection and acceptance by a Department representative of
0(' /' /)
I ..... ~ ...
(/ ! i .
/ .'
I
I
project related expenses incurred by the Participant and reflected by paid invoices.
3, The Department shall have ten (10) working days to approve the invoice submitted by
the Participant. Project costs which are eligible for Department participation will be allowed
only from the date offinal execution of the Agreement. The Participant shall submit the invoice
for fees and other compensation for services or expenses in detail sufficient for a proper pre-
audit and post-audit thereof. The invoice shall be submitted to the State of Florida, Department
of Transportation, Attention Mr. Jamal Nagamia, Project Manager, at 11201 N. McKinley Drive,
MS-7-600 District Seven, Tampa, Florida 33612-6403,
4, Section 215.422(5), Florida Statutes, require the Department to include a statement of
vendor rights in this Agreement. The Participant is hereby advised of the following time frames.
Upon receipt, the Department has ten (10) days to inspect the goods and services provided by the
Participant. The Department has twenty (20) days to deliver a request for payment to the
Department of Banking and Finance. The twenty days are measured from the latter of the date
the invoice is received or the goods and services are received, inspected and approved by the
Department.
If payment is not available within forty (40) days of invoice approval, a separate interest
penalty at a rate as established pursuant to Section 215.422 (3 )(b), F, S, will be due and payable,
in addition to the invoice amount, to the Participant. Interest payments ofless than one (1) dollar
will not be enforced unless the Participant request payment. Invoices which have to be returned
to the Participant because of invoice preparation errors will result in a delay in the payment. The
invoice payment requirements do no start until a properly completed invoice is provided the
Department.
A vendor Ombudsman has been established with the Department of Banking and
Finance, The duties oftbis individual include acting as an advocate of the Participant in the
event that the Participant may be experiencing problems in obtaining timely payments from the
Department. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the
Comptroller's Hotline (1-800-848-3729),
5. In the event that the project is not started by March 28, 2000 the Department will not be
responsible for reimbursement for any project related cost claimed by the Participant.
(A) The Project shall not be deemed terminated, canceled, or indefinitely suspended
merely because of a delay in commencing or pursuing the work without an actual written
declaration of termination, cancellation, or indefinite suspension from the Department stating
that it is intended as such,
(B) The Department shall have the right to retain out of any payment due the
Participant under this Agreement an amount sufficient to satisfy any amount due and owing to
the Department by the Participant on any other Agreement between the Participant and the
Department, whether existing now or in the future.
I
I
(C) In the event it becomes necessary for the Department to institute suit for the
enforcement of the provisions of this Agreement, the Participant shall pay the Department's
reasonable attorney fees and court cost if the Department prevails.
6. To the extent provided by law, the Participant shall indemnify, defend, and hold harmless
the Department and all of its officers, agents, and employees from any claim, loss, damage, cost,
charge or expense arising out of any act, error, omission, or negligent act by the Participant, its
agents, or employees, during the performance of the Agreement, except neither Participant, its
agents, nor its employees will be liable under this paragraph for any claim, loss, damage, cost,
charge, or expense arising out of any act, error, omission, or negligent act by the Department or
any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused
by the Participant in the performance of services required under this Agreement, the Department
will immediately forward the claim to the Participant. The Participant and the Department will
evaluate the claim and report their findings to each other within fourteen (14) working days and
will jointly discuss options in defending the claim, After reviewing the claim, the Department
will determine whether to require the participation of the Participant in the defense of the claim
or to require that the Participant defend the Department in such claim as described in this
section. The Department's failure to promptly notify the Participant of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the
Participant. The Department and the Participant will each pay its own expenses for the
evaluation, settlement negotiations, and trail, if any, However, if only one party participates in
the defense of a claim at a trail, that party is responsible for all expenses at trial.
7. The parties recognize and accept the funding restrictions set forth in Section 339,135
(6)(a), Florida Statutes, which may affect each of the parties' obligations. Those provisions are
as follows: -
(a) "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 offunds, Nothing herein contained shall prevent the
making of contracts for periods 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 and which have a term for a period of more than 1 year."
8. Any notice or other document which either party is required to give or deliver to the other
shall be given in writing and sent to the addresses provided in Exhibit D attached hereto and by
reference made a part hereof.
..
I
I
9, This Agreement shall take effect upon being executed by the parties and shall be
terminated upon the earlier of the mutual consent of the parties or two hundred forty (240) days
after final acceptance of the Project; provided, however, that the Participant's obligations to
perform maintenance shall survive any termination of this Agreement that occurs subsequent to
performing any part of the Project for which maintenance would be required,
I
I
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals hereto affixed, this '2~ day of
Au~IJ'-'T ' 19~
By:
RITA ARVEY
MAYOR-COMMISSION
STATE OF FLORIDA
DEPARTMENT OF TRA
ODUCTION
CITY OF CLEARWATER
By:
DIS
COUNTERSIGNED:
LBERTO
CITY MANAGER
ATTEST: A
'7h~J~~~~~
~~~::OlfDEAU - ~
APPROVED AS TO FORM: APPROVED AS TO FORM, LEGALITY
AND EXECUTION:
s:e=
JOHN C. CARASSAS
ASSISTANT CITY ATTORNEY
~
;8~~~
DISTRICT COUNSEL
I
I
State Project No.
WPl No.
FPNo.
F AP No,
County
15040-3527
7117148
255870161
N/A
PINELLAS
EXHillIT A
1. Project Description:
The Project which is the subject matter of this Agreement includes all documents
ordinarily and/or necessarily associated with a project of its nature (for example, design plans,
construction plans, design criteria, specifications, etc.), which documents, whether specifically
named in this Agreement or not, are by this reference made a part of this Agreement as though
fully set forth herein. The project which is the subject matter of this Agreement is described as
follows:
Construction of the mast arms, on SR 60 from Court Street to Sky Harbor Drive, The locations
are as follows: Lake Drive, Duncan Ave., Arcturas Ave., and West Mall Entrance,
The Participant shall:
1. Be responsible for the bidding and construction of four (4) mast arm signals,
The construction administration and utility identification (and/or relocation
and maintenance), for the mast arms described above.
2. " Provide all necessary construction inspection. Cooperate with the Department for
construction inspection oversight.
3. Meet all local building code requirements. The Participant is also responsible for
pulling all applicable permits from FDOT for the work.
4. The Participant shall also be responsible for all cost incurred over and above the
sum of$214,104.00,
5, Be responsible for all coordination with the adjacent businesses and homeowners,
local agencies and utilities,
6, Agree to maintain the mast arms in perpetuity after the modifications are
complete,
7, Verify work in place prior to submitting a final invoice to the Department for
reimbursement.
8. Retain a qualified design consultant for project design and CEl to construct four
I
I
mast arm signals at locations identified in the project description, on the previous
page.
9, Provide post design services for design changes during construction,
10. Pay for all consultant design services and CEI cost.
11. Commence construction on the project by March 28,2000.
12, Coordinate with the Department utility relocations.
The Department shall:
1. Coordinate with the Participant for the location of the mast arms and establish
project limits.
2, Provide funding for a portion of the project in accordance with Attachment "B,"
Project Funding,
3, Process final payment (Lump Sum) upon receipt of paid invoices from
Participant, not to exceed $214,104,00; subject to satisfactory inspection and
acceptance of the project by the Department.
4. The Department will review and approve all drawings and contract documents
before the project is let.
I
I
EXHffiIT B
State Project No.
WPI No.
FPNo,
F AP No.
County
15040-3527
7117148
255870161
N/A
PINELLAS
Project Funding:
Department:
AMOUNT
Construction contribution
$214,104,00
Participant:
Cost over and above $214,104.00
All Costs
The payment schedule is as follows: The Participant is responsible for paying the contractor for
work completed, Upon final completion The Participant will then submit paid invoices to the
Department with a request for reimbursement, The Department's maximum contribution is
$2 I 4) 04.00, toward construction cost only.
I
EXHIBIT C
I
State Project No.
WPI No.
FPNo.
F AP No.
County
CITY OF CLEARWATER RESOLUTION # 1 f....3(,
(ATTACHED TO THIS COVER)
15040-3527
7117148
255870161
N/A
PINELLAS
I RESOLUTION NO. 98-!6 I
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF A JOINT
PROJECT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, FOR
REIMBURSEMENT FOR SIGNAL WORK TO BE PERFORMED
BY THE CITY ALONG S.R. 60; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Department
resurfacing project for S.R. 60
signals with mast arms, and
of Transportation has let a
that includes replacement of
WHEREAS, the City has requested the Department of
Transportation to exclude the signal work from the contract and
perform the construction of decorative signal assemblies by itself
in keeping with the City's vision of revitalizing the Gulf-To-Bay
corridor, and
WHEREAS, the Florida Department of Transportation has
agreed to contribute to the City's direct construction cost under a
Joint Participation Agreement, a copy of which is attached hereto,
an amount not to exceed TWO HUNDRED FOURTEEN THOUSAND AND ONE
HUNDRED AND FOUR DOLLARS ($214,104.00) in one payment after
inspection and acceptance by the Department of project related
expenses incurred by the City and reflected by paid invoices; now,
therefore,
BE IT RESOLVED BY THE CITY Cc:Ho1ISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and
approves the Joint Project Agreement between the City and the State
of Florida, Department of Transportation, for reimbursement for
signal work to be performed by the City along S.R. 60.
Section 2. This resolution shall take effect immediately
upon adoption.
PASSED AND ADOPTED this
6th day of August , 1998.
~~
Mayor--Cormnlssloner
Approved as to form:
Attest:
~~
John Carassas
Assistant City Attorney
~~~
uJ.yn ~ E. Go deau .
D- _ity Clerk
"."
I
I
State Project No. 15040-3527
WPINo.7117148
FP No. 255870161
FAP No. N/A
County: PINELLAS
JOINT PARTICIPATION AGREEMENT
This Agreement made by and entered into on this day of, 19_, by
and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter
called the "Department"), and the City of Clearwater (hereinafter called the "Local
Government");
WITNESSETH:
WHEREAS, the Department has let a resurfacing project for S.R. 60 between Sky Harbor
Drive and Highlands Avenue (S.P. #: 15040-3527/W.P.I. #: 7117148), as described in Exhibit A,
and which project included replacement of signals with mast arm signals, and
WHEREAS, the Participant had requested the Department to exclude the work of mast
arm replacement and incidental work at four locations before project letting and, as described in
Attachment A attached hereto, from the Department's contract and perform such work by itself,
and
WHEREAS, the Department is agreeable to allow the Participant to design, let the
project, complete construction, perform construction inspection, and maintain the project on its
completion. The Participant is qualified to directly undertake the project of replacement of the
four mast arms and incidental work as part of its project.
WHEREAS, the Participant by Resolution No. 98-36 , a copy of which is attached
hereto, as Exhibit C and by reference made a part hereto has authorized its officers to execute
this Agreement on its behalf;
NOW, THEREFORE, for and in consideration of the premises hereof and other mutual
benefits to accrue to each of the parties hereto, it is mutually agreed as follows:
1. The Department and Participant shall provide those services described in Exhibit A
attached hereto and by this reference made a part hereof in accordance with the provisions of this
Agreement and in accordance with all applicable documents which form a part of the Project.
2. The Department agrees to contribute to the Participant's direct construction cost, in an
amount not to exceed TWO HUNDRED FOURTEEN THOUSAND ONE HUNDRED AND
FOUR DOLLARS ($214,104.00). The Participant shall utilize these funds for payment of State
Project No. 15040-3527. These funds shall be distributed in one payment as follows:
The Department shall reimburse the Participant for project expenses up to 100% of its
contribution ($214,104.00) after inspection and acceptance by a Department representative of
I
I
(C) In the event it becomes necessary for the Department to institute suit for the
enforcement of the provisions of this Agreement, the Participant shall pay the Department's
reasonable attorney fees and court cost if the Department prevails.
6. To the extent provided by law, the Participant shall indemnify, defend, and hold harmless
the Department and all of its officers, agents, and employees from any claim, loss, damage, cost,
charge or expense arising out of any act, error, omission, or negligent act by the Participant, its
agents, or employees, during the performance of the Agreement, except neither Participant, its
agents, nor its employees will be liable under this paragraph for any claim, loss, damage, cost,
charge, or expense arising out of any act, error, omission, or negligent act by the Department or
any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused
by the Participant in the performance of services required under this Agreement, the Department
will immediately forward the claim to the Participant. The Participant and the Department will
evaluate the claim and report their findings to each other within fourteen (14) working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department
will determine whether to require the participation of the Participant in the defense of the claim
or to require that the Participant defend the Department in such claim as described in this
section. The Department's failure to promptly notify the Participant of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the
Participant. The Department and the Participant will each pay its own expenses for the
evaluation, settlement negotiations, and trail, if any. However, if only one party participates in
the defense of a claim at a trail, that party is responsible for all expenses at trial.
7. The parties recognize and accept the funding restrictions set forth in Section 339.135
(6)(a), Florida Statutes, which may affect each of the parties' obligations. Those provisions are
as follows: -0
(a) "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 (1) year, but any contract so made
shall be executory only for the value of the services to he rendered or agreed to be
paid for in succeeding fiscal years; and this paragraph shall he incorporated
verbatim in all contracts of the department which are for an amount in excess of
$25,000 and which have a term for a period of more than 1 year."
8. Any notice or other document which either party is required to give or deliver to the other
shall be given in writing and sent to the addresses provided in Exhibit D attached hereto and by
reference made a part hereof
I
I
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals hereto affixed, this day of
, 199_.
CITY OF CLEARWATER
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
RITA GARVEY
MA YOR-COMMISSIONER
By:
DISTRICT DIRECTOR OF PRODUCTION
COUNTERSIGNED:
NUCHAELJ.ROBERTO
CITY MANAGER
A TrEST:
A TrEST:
CYNTHIA E. GOUDEAU
CITY CLERK
EXECUTIVE SECRETARY (SEAL)
APPROVED AS TO FORM:
APPROVED AS TO FORM, LEGALITY
AND EXECUTION:
~~
JOHN C. CARASSAS
ASSISTANT CITY A TrORNEY
DISTRICT COUNSEL
. ,
I
I
mast arm signals at locations identified in the project description, on the previous
page.
9. Provide post design services for design changes during construction.
10. Pay for all consultant design services and CEI cost.
11. Commence construction on the project by March 28, 2000.
12. Coordinate with the Department utility relocations.
The Department shall:
1. Coordinate with the Participant for the location of the mast arms and establish
project limits.
2. Provide funding for a portion of the project in accordance with Attaclunent "B,"
Project Funding.
J. Process final payment (Lump Sum) upon receipt of paid invoices from
Participant, not to exceed $214,104.00; subject to satisfactory inspection and
acceptance of the project by the Department.
4. The Department will review and approve all drawings and contract documents
before the project is let.
.
. "".'
I
EXHIBIT C
I
State Project No.
WPl No.
FP No.
FAP No.
County
CITY OF CLEAR WATER RESOLUTION #
(A TT ACHED TO THIS COVER)
15040-3527
7117148
255870161
N/A
PfNELLAS
I
I
EXHmIT D
State Project No.
WPI No.
FPNo.
F AP No.
County
15040-3527
7117148
255870161
N/A
PINELLAS
MAILING LIST
This Exhibit forms an integral part of that certain Joint Participation Agreement between
the Department and City of Clearwater.
Mr. Jamal Nagamia, P.E.,
Consultant Project Manager
Florida Department of Transportation
11201 N. McKinley Drive
Tampa, Florida 33612
813-975-6164
Mr. Richard J. Baier, P.E.
Public Works Administrator
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758-4748