Resolution 08-1199RESOLUTION NO. 08-1199
. A RESOLUTION OF THE CITY OF LONGWOOD FLORIDA, ADOPTING A
JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE ALLOCATION OF
FEDERALLY EARMARKED FUNDS RELATED TO THE CENTRAL
FLORIDA COMMUTER RAIL TRANSIT PROJECT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) is undertaking the
development and implementation of the Central Florida Commuter Rail Transit (CFCRT) Project
running from Deland in Volusia County through Seminole County, and Orange County to Poinciana
in Osceola County; and
WHEREAS, the City of Longwood has a station designated as part of the CFCRT Project that
will have custom design features to be included in the FDOT's plans for station design and
construction; and
WHEREAS, Congressman Jolul Mica has earmarked $417,039 of federal funds to the City of
Longwood to be used for activities related to the CFCRT Project; and
WHEREAS, in order to access the funds the City of Longwood is required to enter into a
Joint Participation Agreement (JPA) with the FDOT.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA THAT:
SECTION 1. The City of Longwood supports the design, construction, and implementation of
the Commuter Rail Project in the Central Florida area; and
SECTION 2. The City of Longwood hereby approves the proposed JPA with the FDOT
attached as Exhibit 1 which grants access to the federally earmarked funds; and
SECTION 3. The City of Longwood authorizes the Mayor to sign all documents.
SECTION 4. Effective Date. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED by the City of Longwood, t 18th day o August 2
~ ~
Brian D. Sackett, Mayor
. AT ST:
Sarah M. Mirus, CMC, City Clerk
Approved as to form and legality for the use and ante of the City of Longwood, Florida, only.
• ~~
Teresa S. Roper, City Attorney
•
City ~of Longwood
Resolution No. OS-1199
Exhibit 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
• JOINT PARTICIPATION AGREEMENT
725-03606
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Financial Project No.:
423446-6-32-02
Item-segment-p ase-sequence)
Contract No.:
CFDA Number:
20.500
Fund: 010
Function: 68;
Federal No.
DUNS No.:
n/a
80-939-7102
CSFA Number:
FLAIR Approp.: 088809
FLAIR Obj.: 790072
Org. Code: 55052000531
Vendor No.: F591-008-196-008
n/a
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Longwood
175 W. Warren Avenue, Longwood, FL 32750
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before November 15, 2010 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
• the implementation of an integrated and balanced transportation system and is authorized under
341.053
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
To provide earmark funding for a more customized design of the Longwood Commuter Rail Station further described in
Attachment 1.
and as further described in Exhibit(s) A, B, C, D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
•
2.00 Accomplishment of the Project
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2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents.: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the. project is $ 417039 .This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
inroject in the amount of $ 417039 as detailed in Exhibit "B", or in an amount equal to the
p age(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility :Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding : Front end funding Q is ~ is .not applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage : Retainage ~ is ~ is not applicable. If applicable, n/a percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the. final project audit.
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6.00 Project Budget and Payment Provisions: Page3°r,a
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans., or under State plans which have been approved. for
•the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector geheral, the Auditor
General, or any other state official.
•The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and b
Y
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Ci rcular A-133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's
Office of Inspector General (OIG) anal Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single orprogram-specific audit conducted in accordance with the provisions of OMB C ircular A-133, as revised.
Exhibit "D" to thi s agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part 1, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB CircufarA-133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
• provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and "name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year,. the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215:97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal director pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7)., Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215:97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
• 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agehcy awarding it.
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by Section 7.622 Part I ofthis agreement shall be submitted, when required by Section .320 (d), OMB CircularA-133,
by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attention: Dianne Peek
719 South Woodland Blvd.
Deland, FL 32720
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
Florida Department of Transportation
Attention: Dianne Peek
719 South Woodland Blvd.
Deland, FL 32720
In addition, pursuant to Section .320 (f), OMB C ircular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Ci rcular A-133, and any management letters issued by the
auditor, to the Department at each of the following addresses:
Florida Department of Transportation
Attention: Dianne Peek
719 South Woodland Blvd.
Deland, FL 32720
CJ
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3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Attention: Dianne Peek
719 South Woodland Blvd.
Deland, FL 32720
B. The Auditor General's Office at the following address:
Auditor General`s Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
Copies of reports or the management letter required by Section 7.62 Part III of this Agreemeht shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Fiorida Department of Transportation
Attention: Dianne Peek
719 South Woodland Blvd.
Deland, FL 32720
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and
• Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations., and corrective action plans.
7..65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment of-facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure
• such as airport runways the Department may waive or modify this section.
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8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department fuhds, the Agency shall file with the Department
of Transportation, District Five Public Transportation Office 133 S. Semoran Blvd., Orlando , FL,
32807 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the real' property,
(b) a statement by the Agency certifying that the Agency has acquired said real property,.. and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property..
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will. honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing hot to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of-the cohflict of interest provisions contained herein;
or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
.provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed ih Exhibit "B."
8.30 Disallowed Costs: In determining the amount of the payment, the Departrment will exclude all projects
costs incurred by the Agency priorto the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department:
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include a'ny or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same. `
•
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency,. where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the pertormance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency grid its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
• 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI -Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation. issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
• constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project, with any officer, director or employee. of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's
or employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract orarrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which .are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event ofnon-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall hot be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the.
financing hereunder.
14:60 State or Territorial Law: Nothirig in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency mazy proceed as soon as possible with the project.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees~that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with .like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the .ratio of the Department financing of the facility or equipment
as provided ih this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall ihdemnify, 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 Agency, its agents, or employees,, during the
performance of the Agreement, except that neither the Agency, 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 the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency 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 Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement riegotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
8.23.
16.0.0 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
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17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(x), F.S., are hereby incorporated.: "(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 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 dollars and which have a term for
a period. of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
November 15, 2010 If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District 5 Director of Transportation Development Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein ih the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
• 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, ioan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans ahd cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
agency.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
•
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22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 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 a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties. of less than one (1) dollar will not be enforced unless the Agency
requests payment. invoices which have to be returned to an Agency because of vendor 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 Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of
Financial Services Hotline, 1-800-84.8-3792.
23.00 Public Entity Crime: 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 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 s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: 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 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.
•
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Financial Project No. 423446-6-32-02
Contract No.
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
City of Lonc
AGENCY NAME
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
SIGaATORY (PR E OR TYPED)
• SIGNATURE
TITLE
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
District 5 Director of Transportation Development
TITLE
C]
Financial No. 423446-6-32-02
Contract No.
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida Department of Transportation and the City of Longwood 175 W. Warren Ave.
Longwood, FL 32750 dated
PROJECT LOCATION: City of Longwood
175 W. Warren Ave
Longwood, FL 32750
Attention: John J. Drago, City Administrator
407-260-3440
PROJECT DESCRIPTION:
The project consists of design and ei7gineering services to achieve a more customized Longwood
Commuter Rail liiternzodal Station further described in Attachment 1.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit repoi-t(sj required in paragraph 7.60 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, Financial Management
Number and the Federal Identification number, where applicable, and the amount of state
funding action (receipt and disbursement of funds) and any federal or local fundiizg. action and
the funding action from any other source with respect to the project.
SPECIAL CONSIDERATIONS BI' DEPARTMENT:
N%A
Financial No. 423446-6-32-02
Contract No.
EXHIBIT "'B"
PROJECT BUDGET
Tl>is exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and the City of Longwood, 175 W. Warren
Ave., Longwood, FL 32750 dated
I. PROJECT COST:
Design and Engineering for the
Longwood Comtnuter Rail Intermodal Station $ 417,039.00
TOTAL PROJECT COST: $ 417,039.00
II. PARTICIPATION:
C.
Maximum Federal Participation
FTA, FAA
Agency Participation
In-Kind
Cash
Other
( %) or $
( %) $
( %) $
( %) $
Maximum Department Participation,
Primary
(DS)(DDR}(DIM}(PORT) ( %) or $
Federal Reimbursable (1=~1~)(DFTA) ( 100%) or $ 417,039.00
Local Reimbursable (DL) ( %) or $
TOTAL PROJECT COST $ 41.7,039.00
*.Toll Revenue Credits in the amount of $76,045 have been applied as the local match.
** The project has been partially funded thru the first three earmarks ($304,179). The earmark for Federal Fiscal
Year 2009 has not appropriated. Therefore, this project has not been funded fully by the Depamnent and will be
executed without authorizing and approving funds equal to the total anticipated Federal participation. When
additional funds become available, the funds approval form (encumbrance) will be sent to you to for attachment to
the Agreement.
**It is the intent of the Department to participate in the project to the level of funding encumbered not to exceed
100%.
•
Financial Project No. .423446-6-32-02
Contract No.
• EXHIBIT "C"
Section 5309
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and Cit ofLon~wood 175 W. Warren Ave Longwood FL
32750 ,dated ,
referenced by the above Financial Project Number.
This Agreement is in conformance with Section 5309 ofthe.Federal Transit Act of 1991, as amended
(49 U.S.C. app. 5309) and Chapter 341.053, Florida Statutes.
The Section 5309 subrecipient shall establish and implement anti-drug and alcohol misuse
prevention programs in accordance with the terms of 49 CFR Part 655.
The Section 5309 subrecipient shall ensure adherence with all federally required certifications and
assurances made in its application to the Department for Section 5309 funds.
The Section 5309 subrecipient shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the
Master Agreement between the FDOT and FTA, as they may be amended or promulgated from time
• to time during the term of this contract. Failure to so comply shall constitute a material breach of
this contract.
The Section 5309 subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFRPart 604, which
provides that recipients and subrecipients of FTA assistance are prohibited from providing charter
service using federally funded equipment or facilities if there is at least one private charter operator
willing and able to provide the service; except under one of the exceptions at 49 CFR 604.9. Any
charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere
with or detract from the provision of mass transportation.
Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, the Section.5309 subrecipient ofFTA assistance
may not engage in school bus operations exclusively for the transportation of students and school
personnel in competition with private school bus operators unless qualified under specified
exemptions. When operating exclusive school bus service under an allowable exemption,
subrecipients may not use federally funded equipment, vehicles, or facilities.
The Section 5309 subrecipient agrees to comply with Buy America requirements outlined in 49
U.S.C. 5323(j) .and 49 CFR Part 661, if using the funds granted under this agreement for rolling
stock purchases. The recipient also agrees to comply with the pre-award and post delivery
requirements outlined in 49 CFR 661.12.
The Section 5309 subrecipient agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 if the
agreement exceeds $100,000.
Financial Project No. .423446-6-32-02
Contract No.
The Section 5309 subrecipient agrees to comply with the requirements pursuant to Byrd Anti-
Lobbying Amendment, 31 U.S.C. 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7.
If this agreement is for a construction project over $100,000 the recipient must adhere to FTA's
bonding requirements as outlined in the Best Practices Procurement Manual.
The 5309 subrecipient agrees to comply with applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 if this agreement exceeds $100,000.
The 5309 subrecipient agrees to comply with all. the requirement of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (49U.S.C. 6962), including but not limited to
the regulatory provisions of 40 CFR Part 247, and Executive Order 12873.., as they apply to the
procurement of the items designated in Subpart B of 40 CFR Part 247.
The 5309 subrecipient agrees to comply with the Davis-Bacon and Copeland Anti-kickback acts as
codified at 40 U.S.C. 3141 and 18 U.S.C. 874 for any agreement exceeding $2,000.
For any contract over $2,000 the 5309 subrecipient agrees to comply with the Contract Work Hours
and Safety Standards Act codified at 40 U.S.C. 3701.
The 5309 subrecipient agrees to comply with the Transit Employee Protective Agreements as
codified in 40 U.S.C. 5309 and 29 CFR Part 215.
The 5309 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any
FDOT requests which would cause the 5309 subrecipient to be in violation of the FTA terns and
conditions.
JPA MODIFICATIONS
1. Add the following sentence at the end of the existing paragraph 7.40: "Such records shall be
maintained by the Agency for five years after final payment and made available upon the
Department's request."
2. Delete paragraph 12.10 and 12.20 in their entirety and replace it with the following language:
"It is understood and agreed by the parties hereto that participation by the Department irrthis
project is contingent on the agency complying in full with all provisions of Chapter 287,
Florida Statutes." Florida Counsel for the Agency shall provide written certification to the
Department of the Agency's compliance with Chapter 287, prior to request for
reimbursement.
Financial No. 423446-6-32-02
Contract No.
EXHIBI'T' D
Federal Resources Awarded to the Recipient Pursuant To This Agreement Consist Of The Following:
Federal Agency: Federal Transit Administration, Department of Transportation
Authorization: 49 U.S.C. 5309
CFDA #: 20500 Federal Transit Capita] Investment Grants
Amount: $304,179
Compliance Requirement:
Allowed Activities:
Funds may be used to assist State and local governmental authorities in financing: capital projects for new fixed
guideway systems, and. extensions to existing fixed guideway systems, including the acquisition of real property,
the initial acquisition of rolling stock for the systems, and the acquisition of rights of way, and relocation, for fixed
guideway corridor development for projects in the advanced stages of alternatives analysis or preliminary
engineering; capital projects,. the acquisition, construction, reconstruction and improvement of facilities and
equipment for use by operation or lease or otherwise in mass transportation service, including property and
improvements needed for an efficient and coordinated mass transportation system, including buses and bus facility
equipment; the capital costs of coordinating transit with other transportation; and the introduction of new
technology, tlu-ough innovative and improved transportation; and the introduction of new technology, through
innovative and improved products. Consideration may also be given for projects which enhance urban economic
development; establish new or erihanced coordination between transit and other transportation; or enhance the
effectiveness of a transit project and are related physically or functionally to that transit project. It could also
include financing for transit .projects planned, designed, and carried out to meet the special needs of elderly
individuals and individuals with disabilities; for the development of con-idors to support fixed guideway systems,
including protecting rights of way through acquisition, construction of dedicated bus and high occupancy vehicle
lanes and park-and-ride lots, and other nonvehicular capital improvements that the Secretary may decide would
result in increased transit usage in the corridor.
Eligibility:
Applicant Eligibility
Public agencies, including States; municipalities and other subdivisions of States; public agencies and
instrumentalities of one or more States; and public corporations, boards; and commissions. established under State
law. Applicant must have legal, financial, and technical capacity to carry out proposed project, including safety and
security aspects, and maintain facilities and equipment purchased with Federal assistance. Fixed Guideway
formula funds are apportioned by formula to urbanized areas over 200,000 population with fixed guideway
segments at least one mile long that are over seven years old. Bus and New Starts programs are allocated entirely
to projects designated by Congress. Private non-profit organizations are not. eligible direct recipients..
Beneficiary Eligibility '
The general public, both users and non-users of public transportation. Public agencies, although private
transportation companies may participate through contractual arrangements with public agency grantee.
Compliance Requirements Applicable To The Federal Resources Awarded Pursuant To This Agreement
Are As Follows:
The recipient of Formula Grants for Federal Transit Capital Investment Grant funding must comply with the
statutory requirements in 341.053 Florida Statutes, 49 USC 5309, and guidance of FTA Circular 9300.1A.
Attachment 1
ACi Consulting Scope of Services/ Basis-of-Design and Engineering (BODE)
November 15, 2007
Longwood Intermodal Station-City of Longwood, Florida
FDOT Central Florida Commuter Rail
Longwood Intermodal Station Background
Near the uztersection of Ronald Reagan Boulevard and Church Avenue, the Longwood station is
located near the historic center of town, municipal services buildings, civic centers, three public
parks and South Seminole Hospital. Dining and shops also are within easy walking distance of
the station. Because of its proximity to S.R. 434, the station also provides access to Winter Springs
residents and businesses. Because of earmarked funds identified early by the State of Florida and
FDOT, the City of Longwood advertised and selected ACi, Inc., development, management,
architectural consultant, to work closely with FDOT, Seminole County .and community
stakeholders to spend as much as necessary to create awell-designed station that is customized
and reflective of the historic City of Longwood (est. 1878) and its Heritage Village District.
Scope of Services/.Basis-of-Design
The scope of services described herein incorporates the City of Longwood's Continuing
Consulting Services Contract with ACi, Inc. (City's General Consultant) calling for scope items
requested by the City of Longwood to achieve a more customized Longwood Commuter Rail
Intermodal Station Basis-of-Design (BOD). The following scope and basis of design is provided
to help clarify and implement the project's vision, plan, design and construction documentation
• to all core project stakeholders. Close alignment with FTA, FDOT, Seminole County (County)
anal City of Longwood (City) will be necessary to fully optimize the project's cost effectiveness,
project schedule and public participation in this fast moving project.
Task # 1: Concept Visioning/Partnering
A. As the FTA, State and County are the financial stakeholders in the Seminole County portion
of the new Commuter Rail System's cost and, as each city was and still remains a key
stakeholder in the final planning, design and engineering of the stations, all stakeholders
shall sit down as a group and spend time discussing the importance of.the project's critical
transportation goals, design, technical issues and delivery process requirements uzvolved.
Through close cooperation with FDOT, Cotuzty, and City, ACi will assist FDOT's and
County's contracted consultants to assure that the Intermodal Station and associated key
assumptions are properly integrated with City's valid requirements.
B. ACi will use any available information from FDOT, its contracted consultants City regarding
the existing station elevations, location, ticketing, canopies, public boarding locations,
handicapped access, materials acid finishes; public parking lots and access to and from these
lots. ACi will make initial recommendations concerning these existing lots as related to local
pedestrian, bicycle, and vehicular circulation across City streets and infrastructure.
C ACi will attend all visioning/partnering workshops with FDOT, County and City to
incorporate all necessary information into ACy's scope.
D. ACi will coordinate the results of the 1(c) and rely upon this information as the fundamental
key assumptions for its work. However, all parties recognize that these key assumptions
may need to be changed from time to time as mutually agreed to by aforementioned
stakeholders.
E. As Longvt~ood's Rail Station is Intermodal, it is the City's strong desire for ACi, as its
consultant, to work closely with all stakeholders to integrate a balanced portfolio of
pedestrian, auto, transit and bike transportation. facilities into this Station.
Task # 2: Data Collection/ Field Investigation
A. ACi Planners, Architects and Engineers shall collect existing data from the FDOT, County,,
City and other sources regarding the Longwood Intermodal Commuter Rail Station.
B. Preliminary Engineering. documents`from FDOT shall be~collected and ACi will meet (on a
regularly scheduled basis) with' FDOT's Project Manager, FDOT's Engineers, County
Transportation Engineers and City Administrator to fully address all associated goals and
obstacles in order to create valid strategies that solve identified obstacles, design/engineering
issues and opportunities.
C. ACi shall collect any needed information from the City and County and, will meet
with City departments including the Police, Fire, Parks, Community Planning, Public Works,
. Historical, Economic and Public Relations and any other departments or City personnel
necessary. ACi shall meet with the Mayor and City Commission to gather their concerns anal
aspirations for the project and present its findings for direction and approval.
D. ACi will collect existing surveys and environmental information as prepared by FDOT.
E. ACi will make field investigations including field measurements, existing right-of-way survey
verification, surrounding conditions verification and mapping as necessary.
F. ACi will make observations regarding City's existing Station Platform arrival street design as
it relates to existing right-of-way dimensions, circulation, bus arrival, kiss-and-ride and
pedestrian crossing and boarding along Longwood Avenue, to assure that FDOT's key
engineering design and platform access and circulation are well-coordinated with the City.
ACi shall assist with potential updates to necessary components of that plan so they are
understood in coordination with the City's Great Streets Design Standards and Public Works
Department personnel.
G. ACy's Project Architect will make one visit to the site to meet with City departments and to
walk the site. The Project Architect will make observations and initial recommendations
regarding climate responsive canopy design concepts and other platform concepts to anchor
the canopy design into the City of Longwood's architectural character as well as to blend with
the City's surrounding "H'eritage Village District Development and Design Guidebook."
H. ACi Project Architect will make recommendations, in conjunction with the full Design Team,
concerning the above areas.
Task # 3: Station Design Alternatives
A. ACi and the City of Longwood will then meet with the FDOT and their consultant to review
the Preliminary Engineering Plans (Final Submittal) per the instructions Following the
collection and analysis of the FDOT Preliminary Engineering documentation, per the
instructions provided by FDOT during Tasks 1 and 2 generally described above between
FDOT, the City of Longwood and ACi, ACi shall provide suggested design alternatives
aligned with City historic location, architectural character and site plan influences.
B. Any canopy and platform design work, to correspond with the City of Longwood's desire for
a specific architectural character, will be handled in a "Fast Track" mariner, separate yet
designed in balance with any transfer/TOD areas outside of the CSX-FDOT right-of-way.
The intent of the Fast Track is to provide this documentation in the quickest manner possible
for FDOT's planned design/build 12FP, per the instructions received from FDOT as described
above,
C. ACi will initially provide design information for canopy placement, platform boarding,
pedestrian access ramps/stairs, lighting for the planned canopies and any other potential
structures within the CSX-FDOT right-of-way in aligned with City's street lighting standards
and .other similar items.
D. After consulting with City departments, ACi will develop a minimum two alternatives that
will reflect a Longwood architectural character in the canopies and hard surface detailing.
ACi will analyze the alternatives in respect to responsiveness to climate conditions local to
central Florida. ACi will detail these Longwood designs to a degree that will allow the
incorporation of this design into the FDOT construction documents. These designs will also
blend into ~ the. City's Heritage Village District.~and TOD hard surface and architectural
detailing.
E. ACi will review these two alternative designs with City departments as directed by the City
Project Manager. The City Project Manager will also direct ACi concerning the arrangements
for the planned Alternatives Public Meeting and the degree of intensity of that public
meeting. The purpose of this public meeting will be to obtain input on the architectural and
the site design for the project, and to convey the results of the Statement of Traffic Impact. ACi
will have public presentations, plans reviews by several of the key designers including, but
not limited to, ACi's Principal-in-charge, ACi Consulting Engineers, Principal Design
Architect, Station Platform/Kiss-and-Ride and Bus Arrival/Departure Plaza Designer, and
CADD/Graphic Technicians. These ACi personnel will utilize their time to consolidate
architectural and site designs into the preferred design, with ample City personnel and public
input opportunity.
Task # 4: Preferred Final Basis-of-Design Documentation
A. .Based upon Task#3 described above, ACi shall create drawings and narratives of the
preferred design. Areas of focus shall be:
a. Canopies
b. Pedestrian Boarding Crossings at Platform
c. Pedestrian access at Longwood Avenue
d. Bus drop-off at platform
e. Kiss-and-ride
f. Materials, finishes
g. Signage, graphics
h. Architectural enhancements
i. Public Artwork
j. Lighting Standards
• k. Electrical
Compensation
The compensation for the above tasks and reimbursable expenses shall be in the form of a
single lump sum and shall be reimbursed by the City of Longwood to ACi. in the amount of
$418,000.00.
• Payments shall be scheduled as follows:
Payment Schedule
Task # 1: Concept Visioning/Partnering $ 58,179.00
Task # 2: Data Collection/Field Investigation $ 86,000.00
Task # 3: Station Design Alternatives $160,000.00
Task # 4: Preferred Final Basis-of-Design and
Documents $112,860.00
Total Lump Sum =
•
5418,000.00