Okaloosa County BOCC — December 31, 2012 — Joint Participation Agreement - Destin Control Tower 423906-2 — reading text

725-030-06 PUBLIC TRANSPORTATION 06111 Page 14 of 14 Financial Project No( s). 42390629401 ---------------------- Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FOOT Okaloosa County SOCC See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller DON R. AMUNDS LEGAL REVIEW SIGNATORY (PRINTED OR TYPED) DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION CHAIRMAN TITLE TITLE  FINANCIAL PROJECT # 42390629401 EXHIBIT"A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Okaloosa County Board of County Commissioners referenced by the above Financial Project Number. PROJECT LOCATION: Destin-Ft Walton Beach Airport (DTS) PROJECT DESCRIPTION, SCOPE OF WORK: Construct Air Traffic Control Tower, Construct Roadway & Construct Site Utilities. Pursuant to FAA Orders 1050.1E, Environmental Impacts: Policies and Procedures and 5050.4B and NEPA Implementing Instructions for Airport Actions, an EA detennination is required prior to FAA appropriating AlP funds for the DTS ATCT project. Further, design and pennit phase services for an access road, parking lot, security fence, gate modifications, and utility improvements to accommodate the future Air Traffic Control Tower (ATCT) at the Destin-Fort Walton Beach Airport. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project 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 funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971, Florida Statutes (F.S.) now requires all new Joint PartiCipation Agreement (JPA) the Department executes to clearly document contract deliverables and establish minimum level of services. The JPA scope of services will be required to clearly divide project tasks into quantifiable, measurable, and verifiable units of deliverables that must be received and accepted by the Department, in writing, prior to payment for services. Each deliverable must specify the required level of service to be performed and the Department's criteria for evaluating successful completion. Once the following items have been submitted to and approved in writing by the Department they will be added to this JPA under Exhibit "A" to meet the deliverable requirements under Section 215.971 F.S.: Scope of Services Design Phase 1. A signed copy of the approved scope of services and schedule of values that are incorporated into an agreement between the Agency and Its third­ party consultant. The scope of services must include or incorporate by reference a schedule of values that will be used to approve and make payments to the third-party consultant. The scope of services and included schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its third-party consultant. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The consultant should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the consultant's invoice should list a detail description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the consultant's invoice should list a detail description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 2. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. 3. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the third-party consultant. Invoices Incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Construction Phase 4. A signed copy of the approved scope of services and schedule of values that are incorporated into an agreement between the Agency and its construction contractor. The scope of services must include or incorporate by reference a schedule of values that will be used to approve and make payments to the contractor. The scope of services and included schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its contractor. The schedule of values shall  be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The contractor should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the contractor's invoice should list a detail description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the contractor's invoice should list a detail description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 5. The contractor should submit their pay request to the Agency's project inspector for approval using the standard It Application and Certificate for Payment" form. The Agency's project inspector will review and approve the contractor's pay request certifying the percentage of completion and/or quantities are correct. 6. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. 7. Any change(s} to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the contractor. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department.  FINANCIAL PROJECT NO. 42390629401 EXHIBIT "B" PROJECT BUDGET This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Okaloosa County Board of County Commissioners referenced by the above Financial Project Number. I. ESTIMATED PROJECT COST: $1,250,000.00 TOTAL ESTIMATED PROJECT COST: $1,250,000.00 II. PARTICIPATION: Maximum Federal Participation FAA-Funding Direct to Agency $0.00 Agency Participation Cash $250,000.00 Maximum Department Participation, Primary (DS)(DDR)(DPTO)(GMR) $1,000,000.00 TOTAL ESTIMATED PROJECT COST $1,250,000.00  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 AVIATION EXHIBIT "C" OGC-03l09 Page 1 of9 AVIATION PROGRAM ASSURANCES FINANCIAL PROJECT NO.: ,;;:::42::.::3;.:.90.:.::6=2=94~O:..:.1_ _ _ __ EFFECTIVE DATE: _ _ _ _ _ _ _ _ _ __ A. General 1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency"). 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, "Project Description and responsibilities" and Exhibit B, "Project Buqget", as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms