00-16
RESOLUTION NO. 00-16
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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 INTELLIGENT TRANSPORTATION SYSTEMS (ITS) WORK
TO BE PERFORMED BY THE STATE ALONG S.R. 60 (GULF-
TO-BAY BOULEVARD) AND U.S. 19; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has acquired a Federal grant for ITS along
S.R. 60 (Gulf-to-Bay) and u.S. 19, and
WHEREAS, ITS will provide for better traffic flow along S.R.
60 (Gulf-to-Bay) and u.S. 19 through the use of Dynamic Message Signs,
upgraded traffic software, Closed Circuit Television and modifications
to the existing Traffic Operations Centers, and
WHEREAS, the City has entered into an agreement with the
Metropolitan Planning Organization (MPO) to share in the required
matched funding with the Federal Highway Administration (FHWA), and
WHEREAS, the Florida Department of Transportation has agreed
to design and construct the project, with input from the City and MPO,
and
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WHEREAS, the City will contribute monies toward the project
under a Joint Participation Agreement, a copy of which is attached
hereto; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Corrunission hereby accepts and approves
the Joint Project Agreement between the City and the State of Florida,
Department of Transportation, for ITS work to be performed by the State
along S.R. 60 (Gulf-to-Bay) and u.S. 19.
Section 2. The City Commission hereby authorizes the Mayor-
Commissisoner and City Manager to sign the Joint Participation Agreement
described in the resolution and associated documents.
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this
7th
daYH~
Bri.:--..n --j. Aung' ..'
Mayer-Commiss1oner
. (~~pcaC:r~:_ ,_
~e C. Haym~;-- -U~
Assistant City Attorney
Resolution 00-16
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CITY OF CLEARWATER
FPN:408419 1
COUNTY: PINELLAS
JOINT PARTICIPATION AGREEMENT
This Agreement made by and entered into on this day of , 20_ , by
and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter
called the "Department"), and THE CITY OF CLEARWATER (hereinafter called the "City");
WITNESSETH:
WHEREAS, pursuant to the Transportation Equity Act for the 21 st Century (TEA-21 Public
Law.} 05-178), there is Federal funding available for certain Intelligent Transportation Systems (ITS)
projects in the State of Florida; and
WHEREAS, the Department is authorized to enter into agreements with governmental entities
in accordance with Chapter 339.12, Florida Statutes; and
WHEREAS, the Pinellas Metropolitan Planning Organization (MPO) has allocated certain
Congestion Management Air Quality (CMAQ) and federally earmarked funds toward multi-year ITS
projects in Central and Northern Pinellas County described in Exhibit "A" attached hereto and by
reference made a part hereof (hereinafter referred to as the "Project"); and
WHEREAS, the Department and the City desire to participate in an Integrated ITS project in
the Clearwater area and along S.R 60 (Gulfto Bay) and along US 19 in Pinellas County as described
in Exhibit" A" (hereinafter referred to as the "Project"); and
WHEREAS, the City operates a Traffic Control Center within the City limits for all traffic and
advisory equipment within the City limits in order to manage and control traffic flows; and
WHEREAS, the City shall deposit funds in an estimated amount of$l, 1 00,000 (One million,
one hundred thousand dollars) toward the completion of the design phase of the Project in
accordance with Exhibit "B" attached hereto and by reference made a part hereof; and
WHEREAS, the City agrees to deposit additional funds in an amount not to exceed $350,000
(Three hundred fifty thousand dollars) toward the estimated construction bid should the accepted
construction contract bid come in higher than the original estimated bid in accordance with the
provisions provided hereunder; and
WHEREAS, the City by Resolution No.00-16, a copy of which is attached hereto, and by
reference made a part hereof, has authorized its officers to execute this Agreement on its behalf; and
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WHEREAS, the Department has programmed such Federal funding in its Adopted Five Year
Work Program for the Project.
NOW, THEREFORE, for and in cQnsideration 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 shall commence and complete the Project as described in Exhibit II A"
attached hereto and by 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 exercise reasonable efforts to obtain Federal funds for the Project.
3. The parties recognize that funding for this Project is expected to come from the following
sources: $1,100,000 (One million one hundred thousand dollars) deposit from the City and
the federally earmarked funds of $2,752,474 (Two million seven hundred fifty two thousand
four hundred seventy four dollars), if obtained, to be used for ITS Improvements on SR 60 in
Clearwater in accordance with Exhibit A attached hereto and by reference made a part hereof
The parties further recognize the use of $1,652,474 (One million six hundred fifty two
thousand four hundred seventy four dollars) ofCMAQ funds for ITS Improvements on SR60
in Clearwater. Remaining funds, if any, will be utilized to make ITS Improvements on US 19
in Clearwater.
4.
The City agrees to participate in the design and construction costs for the Project in
accordance with Exhibit liB", and as further described herein.
(A) The City agrees that it will, at least thirty (30) calendar days prior to the Department's hiring
a design consultant, furnish the Department an estimated advance deposit in the. amount of
$1.100,000 (One million one hundred thousand dollars) for payment ofthe estimated project
cost for the design phase for Locally Funded project number 408419 1. The Department may
utilize this deposit for payment ofthe cost ofthe design phase of the project.
(B) During the construction phase of the project, if the accepted bid amount is in excess ofthe
estimated construction bid amount, the City further agrees that it will provide an additional
deposit, in an amount not to exceed $350.000.00 (three hundred fifty thousand dollars). total.
within fourteen (14) calendar days of notification from the Department or prior to posting of
the accepted bids, whichever is earlier. The Department will notify the City as soon as it
becomes apparent the accepted bid amount is in excess of the estimated bid amount.
( C) Should construction contract supplemental agreements occur during actual construction, the
City's share of construction project costs will be increased to cover the cost of such
supplemental agreements and the City will be notified by the Department accordingly. The
City agrees to provide adequate funds to ensure that cash on deposit with the Department is
sufficient to fully fund the contract supplemental agreements. The Department shall notifY the
City as soon as it becomes apparent the actual cost is increasing due to a supplemental
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agreement and that an additional deposit is needed from the City; however, failure of the
Department to so notify the City shall not relieve the City from its obligation to pay for its full
participation on final accounting as provided herein below.
(D) Upon final payment to the Construction Contractor, the Department intends to have its final
and complete accounting of all costs incurred in connection with the work performed
hereunder within three hundred sixty days. All project cost records and accounts shall be
subject to audit by a representative of the City for a period of three (3) years after final close
out of the projecL The City will be notified of the final cost. Both parties agree that in the
event the final accounting oftotal project costs pursuant to the terms of this agreement is less
than the total deposits to date, a refund of the excess will be made by the Department to the
City in accordance with Section 215.422, Florida Statutes.
(E)' In the event said final accounting of total construction project costs is greater than the total
deposits for construction project costs to date, the City will pay the additional construction
project costs amount within forty (40) calendar days from the date ofthe invoice. The City
agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on
any invoice not paid within the time specified in the preceding sentence until the invoice is
paid.
(F)
The payment of funds under this Joint Participation Agreement will be made as provided in
the Memorandum of Agreement between City, Department, and the State of Florida,
Department oflnsurance, Division of Treasury.
(G) Contact Persons:
City of Clearwater
100 S. Myrtle Ave.. #220
Clearwater, Florida 33756-5520
Contact Person: Mahshid Arasteh. Title: Public Works Administrator
Telephone: (727) 562-4757
Fax: (727) 562-4755
Federal Employer ill (FEIN) 59-60000239001
City:
Address:
FDOT:
Florida Department of Transportation
11201 N. McKinley Drive. MS 7-350
Tampa.. Florida 33612
Cathy D. Paxton Title: JP A/Lap Administrator
(813) 975-6475 Suncom: 512-7832
(813) 975-6443 Suncom: 512-7800
Contact Person:
Telephone;
Fax:
(H) This Agreement shall continue in effect and be binding on the parties until the Project is
completed, final costs are known, and appropriate reimbursements are made.
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5.
The City agrees to manage, operate, and maintain the Project constructed in accordance with
Exhibit "A" attached hereto and by reference made a part hereof, such management,
operating, and maintenance to begin immediately upon final acceptance of the project, except
that the Department will maintain sign or equipment structures constructed by this Project
within the Department's right-of-way.
6. In the event the Department encounters hazardous or contaminated materials within the limits
of the Project, and such hazardous or contaminated materials are on property not owned by
the Department, the City shall be responsible for the expenses of hazardous or contaminated
materials removal and appropriate disposal in accordance with State and Federal standards as
required by Department policy and procedure.
7. ' The City shall grant the Department, its agents, employees and contractors right of entry onto
the City's property for purposes of construction of the Project.
8.
To the extent provide by law, the City shall indemnify, defend, and hold harmless the
Department and all of its officers, agents, and employees from any claim, loss, damages, cost,
charge, or expense arising out of any act, error, omission, or negligent act by the City, its
agents, or employees, during the performance of the Agreement, except that neither the City,
its agents, or 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 either party receives notice of a claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that. party will
immediately forward the claim to the other party. Each party will evaluated the claim, and
report its findings to each other within fourteen (14) working days and jointly discuss options
in defending the claim. A party's failure to promptly notify the other of a claim will not act as
a waiver of any right herein.
9. The parties recognize and accept the funding restrictions set forth in Section 339.135 (6)(a),
and Section 166.241(3), 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,
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but any contract so made shall be executory only for the value ofthe 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." Section
339.135 (6)(a), Florida Statutes.
(b) "The governing body of each municipality shall adopt a budget each fiscal year. The
budget must be adopted by ordinance unless otherwise specified in the respective
municipality's charter. The amount available from taxation and other sources,
including accounts carried over from prior fiscal years, must equal the total
appropriations for expenditures and reserves. The budget must regulate expenditures
of the municipality, and it is unlawful for any officer of a municipal government to
expend or contract for expenditures in any fiscal year except in pursuance ofbudgeted
appropriations." Section 166.241(3), Florida Statutes
(c ) The parties agree that in the event funds are not appropriated to the Department or
the City for the Project, this Agreement may be terminated, which shall be effective
upon either party giving notice to the other to that effect.
10.
The Department 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 cost of the
Project.
11. Federal-aid funds may participate in any costs incurred in conformity with applicable Federal
and State Law, including requirements of the Federal Aid Program Manual (F APM), Title VI
of the Civil Rights Act of 1964, Davis Bacon Act, the Americans with Disabilities Act of 1990
(ADA) and any and all amendments thereto, Regulation 23 C.F.R. and 49 c.P.R., and policies
and procedures prescribed by the FHW A Division Administrator (FHW A).
12. Any notice or other document which either party is required to give or deliver to the other
shall be given in writing.
13. 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 Local Government's obligations to
perform management, operations, or maintenance shall survive any termination of this
Agreement.
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CITY OF CLEARWATER
FPN: 4084191
COUNTY: PINELLAS
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day
and year first above written.
~: CLEARWATER
A~~~:rr
WILLIAM B. HORNE, IT
INTERIM CITY MANAGER
COUNTER-SIGNED
Broi~~
MAYOR-CO SSIONER
ATTEST
DEPARTMENT OF TRANSPORTATION
DONALD 1. SKELTON, P.E.
DISTRICT DIRECTOR OF PLANNING
AND PUBLIC TRANSPORTATION
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',C ,E. GOUDEA if
t CITY C1; RK
.' . ~PRO~D AS TO FORM, LEGALITY
APPROVED AS TO FORM, LEGALITY
J E>C. HAYMAN, Assi t nt City Attorney 'ATTORNEY
TY OF CLEARWATE DEPARTMENT OF TRANSPORTATION
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CITY OF CLEARWATER
FPN: 408419 1
COUNTY: . PINELLAS
EXHIBIT A
1. Project Description:
The project calls for construction oflTS Improvements along S.R. 60, US19, at locations
determined by the Department and the City, with upgraded software and hardware to support an
adaptive traffic control system. The limits of the project extend along S.R. 60 from the eastern
City limits, to the western City limits, and along US 19 within the City of Clearwater.
. 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.), whether specifically named in this
Agreement or not, and are by this reference made a part of this Agreement as though fully set
forth herein.
In addition to the responsibilities of the Department and City as specified in the Agreement, the
following special considerations apply:
1.
The Department will provide a feasibility determination study, design services, plans and
specifications for the project.
2. The Department will perform all phases of the Project's construction & CEI, systems
integration, systems testing and training of the City's operating staff.
3. The City shall grant the Department, its agents, employees and contractors right of entry
on the City's right-of-way for the purpose of construction of the Project.
4. The City shall provide to the Department all information and inventory of its current
Traffic Signal Management System.
5. The City shall provide funding in an amount of the Project cost in accordance with Exhibit
liB" attached hereto and by reference made a part hereof, and in accordance with all the
terms of this Agreement.
6. The City agrees to manage, operate, and maintain the Project, except that the Department will
maintain sign or equipment structures constructed by this Project within the Department's
right-of-way.
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EXHIBIT liB"
Project Funding:
CITY OF CLEARWATER
FPN: 408419 1
COUNTY: PINELLAS
The amounts shown below are the current estimated costs and funding of the Project; final Project
costs may vary. This section is subject to paragraphs 3, 4, and all terms and conditions contained in
the Agreement.
Current estimated Project costs and contributions are as follows:
I. ' PROJECT COST:
FY 01/02
DESIGN
CONGESTION MITIGATION
AIR QUALITY (CMAQ) FUNDS
CITY OF CLEARWATER
FY 03/04
CONSTRUCTION/CEI
$ 800,000 (Soft Matched)
$ 1.100.000
$ 1,900,000
FEDERAL EARMARKED FUNDS $ 2,752,474
CONGESTION MITIGATION
AIR QUALITY (CMAQ) FUNDS $ 852.474 (Soft Matched)
$ 3,604,948
TOTAL:
II. CONSTRUCTION CONTINGENCY:
CITY OF CLEARWATER
$ 5,504,948
$ 350,000
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$ 1.900.000
$ 3.604.948
$ 5,504,948
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MEMORANDUM OF AGREEMENT
TIllS AGREEMENT, made and entered into this , day of , 20-, by and
between the State of Florida, Department of Transportation, hereinafter referred to as "DOT" and
the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as
"Treasury" and the City of Clearwater, hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "DOT" is currently constructing the following project:
Financial Project No.: 408419 1 3201
F.A.P. No. n/a
County Pinellas
hereinafter referred to as the "Project".
WHEREAS, DOT and the participant entered into a Joint Participation Agreement dated
, wherein DOT agreed to perform certain work on behalf of the Participant in
conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of the DOT and the Participant to establish an interest bearing escrow account to provide
funds for the work performed on the Project on behalf of the Participant by the DOT.
NOW THEREFORE, in consideration of the premises and the covenants contained herein, the
parties agree to the following:
1. An initial deposit in the amount of$ 1.100.000 (One million. one hundred thousand
dollars) will be made by the Participant into an interest bearing escrow account established by the
Department for the purposes of the project. Said escrow account will be opened with the Department
ofInsurance, Division of Treasury , Bureau of Collateral Securities on behalf ofthe DOT upon receipt
ofthis Memorandum of Agreement. Such account will be an asset of DOT.
2. Other deposits will be made only by the Participant as necessary to cover the cost of
additional work prior to the execution of any Supplemental Agreements or Amendments.
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3. All deposits shall be made payable to the Department of Insurance. Revenue
Processing and mailed to the DOT Office of Comptroller for appropriate processing at the following
address:
Florida Department of Transportation
Office of Comptroller
3717 Apalachee Parkway, Suite E
Mail Station 24
Tallahassee, Florida 32311
ATTN: JPA Coordinator
4. The DOT's Comptroller and/or his/her designees shall be the sole signatories on the
escrow account with the Department of Insurance and shall have sole authority to authorize
withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in the
escrow account shall remain in the account for the purposes of the project as defined in the JP A.
Upon request and after final completion of the project, remaining funds and interest will be'refunded
to the City.
6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT.
7.
The Treasurer's Office further agrees to provide periodic reports to the DOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF INSURANCE
DIVISION OF TREASURY
cou7t:d: ~
Brian J. Aun~~
Mayor-Commissioner
Wl11iam B . Harne , II--
Interim City Manager
~~~,
J ,,' e C.Hayman '
ssistant City Attorney
Att.p.st: _
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59-000289 -
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FEDERAL EMPLOYER J.D. NUMBER