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HomeMy WebLinkAboutR-2001-007 FDOT Drainage study for US1 RESOLUTION NO. 2001- 007 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF DANIA BEACH; RELATING TO THE CITY'S PERFORMANCE OF A DRAINAGE STUDY FOR FEDERAL HIGHWAY (US1) FOR THE CONSTRUCTION OF A DRAINAGE OUTFALL SYSTEM, LOCATED BETWEEN SHERIDAN STREET (SR822) AND EAST DANIA BEACH BOULEVARD, EAST OF FEDERAL HIGHWAY (US1), STATE FINANCIAL NO.: 407406/1/34/01; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain Joint Participation Agreement between the State of Florida, Department of Transportation, and the City of Dania Beach relating to the City's performance of a Drainage Study for Federal Highway (US1) for the construction of a Drainage Outfall system, located between Sheridan Street (SR822) and East Dania Beach Boulevard, east of Federal Highway (US1), State Financial No.: 407406/1/34/01, a copy of which is attached as Exhibit "A", is approved, and the appropriate city officials are hereby directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 23d day of January, 2001. CA. M ELY MAYOR-COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA--YES VICE-MAYOR BERTINO--YES HERYL APMAN COMMISSIONER CALI--YES ACTING CITY CLERK COMMISSIONER ETLING--YES COMM ISSIONERMIKES—YES APPROVED AS TO,�OR AND CORRECTNESS: By (' - _ /_� /\' / THOMAS J. NSBKO, CITY ATTORNEY RESOLUTION NO. 2001-007 1 FLORIDA. DEPARTMENT OF TRANSPORTATION JEB BUSH PROFESSIONAL SERVICES UNIT/DISTRICT IV Thomas F. Barry, Jr. GOVERNOR 3400 West Commercial Boulevard,Fort Lauderdale,Florida 33309-3421 Secretary Telephone:(954)777-4600 Fax:(954)777-4602 March 9, 2001 Mr. Robert Palm, P.E. Public Works / Utilities Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Re: Joint Participation Agreement - CONTRACT #AJ901 State FM# 407406/l/34/01 Drainage Study at Federal Hwy (US1) between Sheridan St. & East Dania Beach Blvd. Dear Mr. Palm: Enclosed please find one (1) original and one (1) copy of the executed Joint Participation Agreements for the referenced project. These documents are for your records. Thank you for your assistance in this matter. If you have any questions, please call me. I can be reached at (954) 777-4611. Sincerely, sep ine So ty Contractual Services Coordinator enc: JPA Agreement copy: Morteza Alian, FDOT Project Manager Mike DeRosa, Program Development District Financial Services Office Skye Welch, Tallahassee Comptroller's Office MS 24 FM No: 407406 1 34 01 Contract No:. A ®k Vendor No: VF 596-000-302-002 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF DANIA BEACH JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day o , 204,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, and CITY OF DANIA BEACH, of the State of Florida, located at 100 West Dania Beach Boulevard, Dania, Florida 33004, hereinafter called the CITY. WITNESSETH WHEREAS,the DEPARTMENT and the CITY are desirous of having the CITY perform a Drainage Study for Federal Highway (US1) for the construction of a Drainage Outfall system, located between Sheridan Street (SR822) and East Dania Beach Boulevard, East of Federal Highway (US 1), State Financial No.: 407406/1/34/01, within the CITY limits of Dania Beach, Broward County, Florida; and, WHEREAS, the DEPARTMENT is prepared to contribute funds towards the preparation of the Drainage Study,located between Sheridan Street(SR822)and East Dania Beach Boulevard,East of Federal Highway (US1) , in order to adequately accommodate area storm water flows.These improvements are hereinafter ref erred to as the PROJECT; and, WHEREAS, completion of the PROJECT is in the interest of both the DEPARTMENT and the CITY an d it is more practical, expeditious, and economical for the CITY to perform such activities; and, WHEREAS, the CITY has the authority to enter into this AGREEMENT. NOW,THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The CITY shall be responsible to perform and provide to the CITY, a survey of the existing drainage structure between Sheridan Street (SR822) and East Dania Beach Boulevard, East of Federal Highway (US1), to determine the flow direction of this area. 3. The CITY shall be responsible for preparation, administration and technical coordination required for the study, addressing the stormwater flooding concerns within the respective study area of the PROJECT. 1 of 6 4. The total cost of the PROJECT is estimated to be TWENTY NINE THOUSAND NINE HUNDRED TWENTY DOLLARS($29,920.00).The DEPARTMENT agrees to reimburse the CITY for direct Project related costs in the amount of FOURTEEN THOUSAND NINE HUNDRED SIXTY DOLLARS ($14,960.00) for its share of the Project costs. The figure of$14,960.00 represents a DEPARTMENT PROJECT participation level of 50.0%. The Department's share of said funds shall become available and payable in Fiscal Year 200012001. The Department's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. The parties agree that the Drainage Study is dependent upon the DEPARTMENT's reimbursement of fund s to the CITY for its share of the PROJECT costs, including any additional work, supplemental agreements, and claims. In the event that the DEPARTMENT's Project participation including additional work, supplemental agreements, and claims, reaches the sum of $14,960.00, this Agreement may be Amended to identify the respective responsibilities and the financial arrangements between the parties, contingent upon the availability of additional DEPARTMENT funds. However, in no case shall the DEPARTMENT's participation exceed 50.0% of the costs of the PROJECT. It is understood and agreed that written approval, in the form of an Amendment, must be executed by both the CITY and the DEPARTMENT prior to any additional work being performed. 5. The DEPARTMENT agrees to reimburse the CITY for the project related costs of the Drainage Study, which shall be distributed as follows: • The CITY shall submit a property documented invoice for 30% completion of the Drainage Study. The DEPARTMENT agrees to reimburse the CITY for direct project related costs an amount not to exceed FOUR THOUSAND FOUR HUNDRED EIGHTY EIGHT DOLLARS ($4,488.0 0). • The CITY shall submit a properly documented invoice for 60% completion of the D rainage Study. The DEPARTMENT agrees to reimburse the CITY for direct project related costs an amount not to exceed FOUR THOUSAND FOUR HUNDRED EIGHTY EIGHT DOLLARS ($4,488.00). • The CITY shall submit a properly documented invoice for 90% completion of the Drainage Study. The DEPARTMENT agrees to reimburse the CITY for direct project related costs an amount not to exceed FOUR THOUSAND FOUR HUNDRED EIGHTY EIGHT DOLLARS ($4,488.00). • The CITY shall submit a Final Invoice for 100% completion of the Drainage Study. The DEPARTMENT agrees to reimburse the CITY for direct project related costs an amount not to ® exceed ONE THOUSAND FOUR HUNDRED NINTY SIX DOLLARS ($1,496.00). 2of6 6. Should the DEPARTMENT and the CITY decide to proceed with subsequent phases of the PROJECT, the Agreement shall be amended to identify the respective responsibilities and the financial arrangements • between the parties. 7. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the CITY. PROJECT costs eligible for DEPARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this Agreement. The CITY shall submi t invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre-audit and post-audit thereof. Invoice(s) shall be submitted to the State of Florida, Department of Transportation, at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 Attention: Morteza Alian, Drainage Project Manager. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 9. This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT until the PROJECT is satisfactorily completed . 10. The DEPARTMENT shall make reimbursement payments payable to the "CITY OF DANIA BEACH, Board of CITY Commission" and forward it to Attention: Robert Palm, Public Works/Utilities • Director, 100 West Dania Beach Blvd, Dania Beach, Florida 33004. 11. The DEPARTMENT, during any fiscal year, shall not expend money, i ncur 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 v iolation of this subsection is null and void,and no money may be paid on such contract. The DEPARTMENT shall requir e a statement from the comptroller of the DEPARTMENT that funds are available prior to enter ing 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 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 ar e for an amount in excess of $25,000 and which have a term for a period.of more than one(1) year. 12. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the CITY's general accounting records and the project records, together with supporting documents and records of the Contractor and subcontractors performing work on the • project, and all other records of the Contractor and subcontractors considered necessary by the Department for the proper audit of costs. 3of6 13. The DEPARTMENT may cancel this Agreement for refusal of the CITY to allow public access to all • documents,papers,letters, or other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the CITY in conjunction with this Agreement and shall make provisions in its Agreements with its consultants and sub-consultants to terminate for failure t o comply with this provision. 14. The CITY warrants that it has not employed or obtained any company or person, other than bona fide employees of the CITY, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the CITY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 15. To the extent allowed by the Laws of Florida,the CITY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of, or due to any negligent and/or intentional act or occurrence, omission, or commission of the CITY, its agents, or employees, arising from this Agreement or the work which is the subject hereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 16. This Agreement is governed by and construed in accordance with the laws of the State of Florida. • 17. Section 215.422(5), Florida Statutes, request the DEPARTMENT to include a statement of vendor rights in this Agreement. The CITY 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 CITY. 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 rece ived or the goods and services are received, inspected and approved by the DEPARTMENT. If payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the CITY. Interest payments of less than one (1) dollar will not be enforced unless the CITY requests payment. Invoices which have to be return ed to the CITY because of invoice preparations errors will result in a delay in the payment. The invoice payment requirements do not 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 of this individual include acting as an advocate of the CITY in the event that the CITY may be experiencing problems in obtaining timely payments from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline (1-800-848-3792). • 18. This document incorporates and includes all prior negotiations,correspondence,conversations,Agreements , or understanding applicable to the matters contained herein, and the parties agree that there are no 4of6 commitments, Agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation form the terms hereof shall be • predicated upon any prior representation or Agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed wit the same formality and of equal dignity herewith. 19. The Department agrees to pay the CITY for the services herein described at a compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 20. 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 no t 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 perform work as a contractor,supplier,subcontractor, or consultant under a contract with any public entity, and ma y not transact business with any public entity in excess of the threshold amount p rovided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 6 months from the date of being placed on the convicted vendor list. 21. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All • notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Attn: Josephine Softy, Contractual Services Coordinator With a copy to: Morteza Alian, FDOT Project Manager A second copy to: District General Counsel If to the CITY: City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Attn: Robert Palm, Public Works/Utilities Director With a copy to: CITY Attorney Telephone: 954-924-3742 Fax: 954923-1109 • 5of6 IN WITNESS WHEREOF, the CITY has caused this Joint Participation Agreement to be executed in its behalf this 23 day of January 20 01 by the Board of CITY Commissioners, and the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this 9 day of II&A ,20�. The effective date of this AGREEMENT shall be the date the last party to this Agreement has signed. CITY OF DANIA BEACH STATE OF FLORIDA BOARD OF CITY COMMISSIONERS DEPARTMENT OF TRANSPORTATION C .K . hicr. y a, Mayor DISTRICT SECRETARY ATTEST: ATTEST: ACTING CITY CLERK (SEAL) EXECUTIVE SECRETARY (SEAL) Sheryl Chapman \_ APPROVED as to form by Office of CITY Attorney, -- City of Dania Beach APPROVED: � r � sP-- BY: l . BY: CITY torn e� DIRECTOR OF ADMINISTRATION Thom A -ffro By: 3 9 of Mi ' th Date of Execution: Ci y an e APPROVED: (AS TO FORM) BY: DIS RI , LEG , COUNSEL 6of6 FLORIDA DEPARTMENT OF TRANSPORTATION JEB BUSH PROFESSIONAL SERVICES UNIT/DISTRICT IV Thomas F. Barry,Jr. GOVERNOR 3400 West Commercial Boulevard,Fort Lauderdale,Florida 33309-3421 Secretary Telephone:(954)777-4600 Fax:(954)777-4602 January 16, 2001 Mr. Robert Palm, P.E. Public Works / Utilities Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Re: Joint Participation Agreement State FM#407406/1/34/01 Drainage Study at Federal Hwy (US1) between Sheridan St. & East Dania Beach Blvd. Dear Mr. Palm: 4 I am enclosing five (5) copies of the Joint Participation Agreement (JPA's) for the above referenced project. Please DO NOT fill in the date of the contract. The date of the contract shall be completed by our staff upon execution by the Department of Transportation's District Secretary. A fully executed copy will be forwarded to you for your files. In addition to the return of the five signed original agreements, we will need: • Two(2)original and three(3)certified copies of the Commission resolution that authorizes j the execution of the JPA. If it is not possible to obtain resolutions, we will need: • Five(5)certified copies of the minutes of the Commission meeting at which this agreement was approved for execution. Should you have any questions, please contact me at 954-777-4611. i � rely, phi e Soft ntr tual Seiv es oordinator Enclosure: JPA Agreement i Copy: Morteza Alian- FDOT Project Manager File