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1501 FDOT� 6ON r a —is�'! PUBLIC WORKS DEPARTMENT T RANSMITTAL MEMO RANDUM To: City Clerk RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution ❑ City Comm Item ® Joint Participation Agreement ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) ❑ City Attorney's Initials ❑ Finance Director's Initials ❑ Purchasing Manager's Initials Once completed, please: ❑ Return original ❑ Return copy El Special Instructions: Please file original cony of the FDOT, JPA for the Side Street Pavement Rehabilitation Project along SR 15/600 (US 17 -92) Contract #AQL25 Please advise if you have any questions regarding the above. Thank you! Robert Beall, Project Manager March 29, 2012 From Date 1100 Florida Department of Transportation RICK SCOTT 719 South Woodland Boulevard GOVERNOR DeLand, Florida 32720 March 13, 2012 City of Sanford Mr. Robert Beall, Jr. Project Manager, CPSI 300 North Park Avenue Sanford, Florida 32771 SUBJECT: JOINT PARTICIPATION AGREEMENT FM #: 411742- 1 -58 -01 DESCRIPTION: Side Street Pavement Rehabilitation along SR 15/600 (US 17/92) CONTRACT NUMBER: AQL25 Dear Mr. Beall: Please find enclosed a copy of the executed Joint Participation Agreement for the project reference above, dated March 13, 2012, between the City of Sanford and the Florida Department of Transportation. The Design Project Manager you will be working with concerning this project will be Raul Artuz. Raul can be contacted at (386) 943 -5377. The Construction Project Manager you will be working with concerning this project will be Vince Vacchiano. Vince can be contacted at (386) 943- 5406. Please note: I will be contacting you to schedule a Kick -Off Meeting teleconference. The teleconference will be to discuss the project details and schedule. Prior to the City commencing construction, the City shall request a Notice to Proceed from the DEPARTMENT'S Construction Project Manager or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. Also, I have included a Construction Checklist Form that must be completed and received by the Department prior to issuance of the Notice to Proceed. If you should have any questions, please feel free to contact me at (386) 943 -5452. Sincerely, Shirley Ma e s JPA Coordinator District Five SM Enclosures ANANTH PRASAD, P.E. SECRETARY 0 www.dot.state.fl.us Construction Checklist for Local Agency Administered Projects ON State Highway System Completed Construction Checklist must be received by FDOT Operations Project Manager referenced in agreement prior to issuance of NTP by Department FDOT Financial Project Number Project Description El IN 0 Executed Agreement w /FDOT Date of Execution Signed and Sealed Plans (FDOT Reviewed /Approved) Date of Approval Permit Dates from all Regulatory Agencies Agency Date Issued Agency Date Issued Agency Date Issued Agency Date Issued Agency Preliminary Project Schedule - attach to this checklist Construction Estimate Agreement Amount Construction Engineering and Inspection ❑ In House - Contact Info ❑ Consultant - Contact Info Construction Letting (Bid Opening)Date Construction Award Date Pre - Construction Meeting Date Please forward this information to: Florida Department of Transportation District 5 Construction - Special Projects Attn: Vince Vacchiano or Rick Grooms 719 South Woodland Blvd. MS 3 -506 Deland, FL 32720 vincent.vacchianoCla dot.state.fl.us - 386 - 943 -5406 richard.arooms@)dot.state.fl.us - 386 - 943 -5364 t FM #411742- 1 -58 -01 Pagel of 23 Original Draft: 1/03/2012 Revised: 1 /20/2012 Financial Management No.: Fund: DS Function: FLAIR Approp: 088797 411742- 1 -58 -01 FLAIR Obj.: Agency: City of Sanford Contract Amount: $84,616 Org. Code: 55054010508 Contract No: A Q L. ;1L 5 Vendor No.: F596000425 -002 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF SANFORD This Agreement, made and entered into this 1 day of �� , 2012, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and the CITY OF SANFORD, a Florida Municipal Corporation (hereinafter referred to as the LOCAL GOVERNMENT), WITNESSETH: WHEREAS, the Parties have been granted specific legislative authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and U WHEREAS, the LOCAL GOVERNMENT by Resolution No.-� dated the t' day of 2012, a copy of which is attached hereto as Exhibit `B" and made a part hereof, has authorized its officers to execute this Agreement on its behalf; and WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to undertake the Project described as the " Side Street Pavement Rehabilitation on State Road 15/600 (US 17/92) within the DEPARTMENT'S right -of -way in Fiscal Year 2011/2012, said Project being known as FM #411742- 1- 58 -01, hereinafter referred to as the "Project "; and WHEREAS, the Project is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Work Program; and WHEREAS, the implementation of the Project is in the interest of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project. �FM #411742- 1 -58 -01 Original Draft: 1/03/2012 Page 2 of 23 Revised: 1/20/2012 WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project; and NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. TERM A. The term of this Agreement shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project on or before one year from the date of execution of this Agreement. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties through the three (3) year pavement warranty period. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the services to construct the Project which consists of: Side Street Pavement Rehabilitation at thirty seven (37, ) locations along State Road 15/600 (US 17/92) within the DEPARTMENT'S right - of - way , and otherwise the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit "A ", Scope of Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. B. The LOCAL GOVERNMENT agrees to undertake the construction of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including DEPARTMENT standards and specifications. C. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT to secure separate DEPARTMENT permits for drive -way connection, right -of -way utilization, storm -water discharge and utilities and this Agreement is deemed to constitute such permits. ' FM #411742-1-58-01 Original Draft: 1/03/2012 Page 3 of 23 Revised: 1/20/2012 D. The LOCAL GOVERNMENT shall be responsible for obtaining clearances /permits required for the construction of the Project from the appropriate permitting authorities. E. The LOCAL GOVERNMENT understands that they are responsible for the preparation of all design plans for the Project, at the expense of the LOCAL GOVERNMENT, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. Six (6) copies of the design plans shall be provided to the DEPARTMENT'S Design Project Manager, at the address listed on Page 14. The DEPARTMENT shall review the plans for conformance to the DEPARTMENT'S requirements and feasibility within forty -five (45) days of delivery by the LOCAL GOVERNMENT. The DEPARTMENT'S review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. All changes requested by the DEPARTMENT shall be made by the LOCAL GOVERNMENT and final corrected plans shall be provided to the DEPARTMENT, upon request, in a timely manner. The LOCAL GOVERNMENT shall provide a copy of the Final Bid documents to the DEPARTMENT. After approval of the plans and prior to commencing the work described herein, the LOCAL GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT'S Construction Project Manager, Vince Vacchiano, at (386) 943- 5406 or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement F. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. G. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified Consultant Construction Engineering Inspection firm (hereinafter "CCEI ") to perform construction oversight including the obligation to assure that any and all verification testing is performed in accordance with the 2010 Standard Specifications for Road and Bridge Construction, as amended from time to time. The LOCAL GOVERNMENT'S Attorney shall certify to the DEPARTMENT that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes. The DEPARTMENT shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. In the alternative and subject to r fM #411742- 1 -58 -01 Page 4 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 paragraph 3, B (iv) below, the LOCAL GOVERNMENT may utilize LOCAL GOVERNMENT staff to perform the required CCEI services. H. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond in accordance with Section 337.18(1), Florida Statutes. I. The LOCAL GOVERNMENT shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable DEPARTMENT standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit "C ". J. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of the Project being constructed by the LOCAL GOVERNMENT and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. K. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto as Exhibit "D ". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. L. Upon completion of the Project, the LOCAL GOVERNMENT shall be responsible for the maintenance of the facilities constructed under this agreement through the three (3) year pavement warranty period. 3. COMPENSATION AND REIMBURSEMENT A. Project Cost: The total estimated cost of the Project is $86,400.00 (Eighty Six Thousand Four Hundred Dollars and No/ 100). B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed $84,616.00 (Eighty Four Thousand Six Hundred Sixteen Dollars and No /100) for actual costs incurred, excluding LOCAL •, t,FM #411742- 1 -58 -01 Page 5 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's participation. Travel costs will not be reimbursed. i) Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A ", Scope of Services. Deliverables must be received and accepted in writing by the Department's Project Manager or designee prior to reimbursements. ii) Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required minimum level of service to be performed as specified in Paragraph 2. I. was met, and that the criteria for evaluating successful completion as specified in Paragraph 2. K. was met. iii) The LOCAL GOVERNMENT may receive progress payments for deliverables based on the contractor's Schedule of Values and on a percentage of services that have been completed, approved and accepted to the satisfaction of the DEPARTMENT when properly supported by detailed invoices and acceptable evidence of payment. The final balance due under this Agreement will be reimbursed upon the completion of all Project services, receipt of final construction cost documentation and proper submission of a detailed invoice and when the Project has been inspected, approved and accepted to the satisfaction of the DEPARTMENT in writing. iv) In the event the LOCAL GOVERNMENT proceeds with the construction engineering inspection services (CCEI) of the PROJECT with its own forces, the LOCAL GOVERNMENT will only be reimbursed for direct costs (this excludes general and administrative overhead). v) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. D. The DEPARTMENT shall have the right to retain all or a portion of any payment due the LOCAL GOVERNMENT under this Agreement an amount sufficient to ' f #411742- 1 -58 -01 Original Draft: 1/03/2012 Page 6 of 23 Revised: 1/20/2012 satisfy any amount due and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other Agreement between the LOCAL GOVERNMENT and the DEPARTMENT. E. The LOCAL GOVERNMENT which is providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (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 forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT 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 Contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of Financial Services Hotline at (877) 693 -5236. F. Records of costs incurred under 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 five (5) 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 LOCAL GOVERNMENT'S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. TM #411742- 1 -58 -01 Page 7 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 G. In the event this Agreement is in excess of $25,000.00 (TWENTY FIVE THOUSAND DOLLARS AND NO /100) and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated as follows: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to 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 $25,000.00 and which have a term for a period of more than one (1) year." H. The DEPARTMENT'S performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL GOVERNMENT to that effect. I. Audits: The administration of resources awarded by the Department to the LOCAL GOVERNMENT may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, Florida Statutes, as revised (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 Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient 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 recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the DEPARTMENT staff to the LOCAL GOVERNMENT regarding such audit. The LOCAL GOVERNMENT further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the DEPARTMENT'S Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. •FM #411742- 1 -58 -01 Original Draft: 1/03/2012 Page 8 of 23 Revised: 1/20/2012 AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non - profit organizations as defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: 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 or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. If applicable, Exhibit "E" to this 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 in 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 Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient 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 Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes) are to have audits done annually using the following criteria: 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. If applicable, Exhibit "E" 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, 'FM #411742- 1 -58 -01 Original Draft: 1/03/2012 Page 9 of 23 Revised: 1/20/2012 other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or 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 Il, 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 Chapters 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 $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State 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 agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient 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. 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 of Financial Services, 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 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to the following: A. The DEPARTMENT at the following address: Florida Department of Transportation Attn: Dianne Peek -Audit Analyst 719 South Woodland Blvd. MS 4 -549 DeLand, Florida 32720 `FM #411742- 1 -58 -01 Original Draft: 1/03/2012 Page 10 of 23 Revised: 1/20/2012 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this Agreement and conducted in accordance with OMB Circular A- 133, as revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, 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 the following: Florida Department of Transportation Attn: Dianne Peek -Audit Analyst 719 South Woodland Blvd. MS 4 -549 DeLand, Florida 32720 In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the DEPARTMENT at the following address: Florida Department of Transportation Attn: Dianne Peek -Audit Analyst 719 South Woodland Blvd. MS 4 -549 DeLand, Florida 32720 3. Copies of financial reporting packages required by 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 the following address: Florida Department of Transportation Attn: Dianne Peek -Audit Analyst 719 South Woodland Blvd. MS 4 -549 DeLand, Florida 32720 B. The Auditor General's Office at the following address: IFM #411742-1-58-01 Original Draft: 1/03/2012 Page 11 of 23 Revised: 1/20/2012 Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or the management letter required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The DEPARTMENT at the following address: Florida Department of Transportation Attn: Dianne Peek -Audit Analyst 719 South Woodland Blvd. MS 4 -549 DeLand, Florida 32720 5. Any reports, management letters, 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, Florida Statutes, and Chapters 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 recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five (5) years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at least five (5) years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. 4. COMPLIANCE WITH LAWS A. The LOCAL GOVERNMENT shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL 'FM 4411742- 1 -58 -01 Original Draft: 1/03/2012 Page 12 of 23 Revised: 1/20/2012 GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. 5. TERMINATION AND DEFAULT A. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. B. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT. 6. MISCELLANEOUS A. In no event shall the making by the DEPARTMENT of any payment to the LOCAL GOVERNMENT 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 LOCAL 'FM #411742- 1 -58 -01 Page 13 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 GOVERNMENT, 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. B. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. C. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. D. PUBLIC ENTITY CRIME INFORMATION AND ANTI- DISCRIMINATION STATEMENT: 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 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. E. The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and agree to the following: 'FM #411742- 1 -58 -01 Original Draft: 1/03/2012 Page 14 of 23 Revised: 1/20/2012 i) The LOCAL GOVERNMENT shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the LOCAL GOVERNMENT during the term of the contract; and ii) The LOCAL GOVERNMENT shall expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the contractor /subcontractor during the contract term. F. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: DEPARTMENT Shirley Matthews JPA Coordinator MS 4 -549 719 South Woodland Boulevard DeLand, Florida 32720 -6834 PH: (386) 943 -5452 shirley.matthewsgdot. state.fl.us Raul Artuz Design Project Manager MS 2 -542 719 South Woodland Boulevard DeLand, Florida 32720 -6834 PH: (386) 943 -5377 Raul.Artuzkdot. state. state.fl. us Vincent Vacchiano Construction Project Manager MS 3 -506 719 South Woodland Boulevard DeLand, Florida 32720 -6834 (386) 943 -5406 vncent.vacchianogdot.state.fl.us LOCAL GOVERNMENT City of Sanford Robert Beall, Jr. Project Manager, CPSI 300 North Park Avenue Sanford, Florida 32771 PH: (407) 688 -5081 robert.beallgsanfordfl. gov `r FM #411742- 1 -58 -01 Page 15 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 / jI�N.}WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement thiD ' ry of 2012, and the DEPARTMENT has executed this Agreement this ` -+ day of k &AC) , 2012. CITY OF SANFORD STATE OF FLORIDA By: BOARD OF CITY CO ISS ERS DEPAR NT OF TRANSP ATION B By: Name: % Name: Fran O'Dea, P.E. Title: /'1 ¢ y o 2 I Title: Director of Transportation Development As approved by the Board on: Attest: Legal Attorney V AbJiE �- /qr Attest x� E ve Secretary Legal Review: Financial Provisions Approval by the Office of the Comptroller on: - 3 - a-0 19-- Authorization Received from the Office of the Comptroller as to Availability of Funds: a- a7- A0 FM #411742- 1 -58 -01 Page 16 of 23 EXHIBIT "A" SCOPE OF SERVICES Original Draft: 1/03/2012 Revised: 1/20/2012 Financial Management Number: 411742- 1 -58 -01 The scope of work shall include the construction of Side Street Pavement Rehabilitation at thirty seven (37) locations along State Road 15/600 (US 17/92) within the DEPARTMENT'S right -of -way. The locations will be defined in the construction plans when approved by the DEPARTMENT. Limits of Construction • The limits of construction are on SR 15/600 (US 17/92) from Fulton Street to Hiawatha Avenue. Scope of Work — Deliverables • Milling and resurfacing of pavement within the project limits. • Neatly saw -cut the pavement as specified. • Mill and remove the existing asphalt to a depth of 1.5 inches. • Apply a bituminous tack coat or equivalent to milled surface prior to asphalt placement. • Apply a single course of SP 12.5 Hot Mix Asphalt at a thickness of 1.5 inches (165 lbs per square yard) to the milled and prepared areas. • Re- striping of the pavement within the limits of construction. • When scheduling the project it will be the contractor's overall responsibility to coordinate all Maintenance of Traffic requirements with the Florida Department of Transportation. • The project starts at the northern point and progress southerly until completion. • Contractor shall receive in writing any permission to store or stage any equipment on private property prior to commencement. The parties hereto acknowledge and agree that the design plans for this Project are not yet complete and are subject to review by the DEPARTMENT. Upon final approval by the . f , I , FM #411742- 1 -58 -01 Page 17 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 Department, this Agreement shall be amended to include said plans in the agreement. The parties further agree that the plans will be incorporated into the terms of this Agreement by reference and that the LOCAL GOVERNMENT hereby approves and delegates to the authority to enter into an amendment of this agreement to accomplish said task. No further Board or Council action shall be required to amend this agreement for the sole purpose of incorporating the plans. ' 'FM #411742- 1 -58 -01 Page 18 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 EXHIBIT "B" RESOLUTION Financial Management Number: 411742- 1 -58 -01 Resolution No. 2278 A Resolution of the City of Sanford, Florida providing for the approval of and entering into a Joint Participation Agreement with the Florida Department of Transportation (FDOT) for side street pavement rehabilitation on State Road 151600 (United States Highway 17/92); pertaining to the FDOT project assigned Financial Management Number 411742- 1- 58 -01; providing for conflicts; providing for severability and providing for an effective date. Whereas, the State of Florida Department of Transportation (FDOT) and the City of Sanford desire to accomplish a side street pavement rehabilitation project (sometimes the "Project ") on State Road 15/600 (United States Highway 17/92); and Whereas, the FDOT has assigned the Project Financial Management Number 411742- 1- 58 -01; and Whereas, the City of Sanford desires to enter and to execute and deliver to the FDOT a Joint Participation Agreement for the aforementioned Project. Now, Therefore, Be it adopted and resolved by the City Commission of the City Of Sanford, Florida as follows: Section 1. Recitals Adopted; Authorization To Execute Joint Participation Agreement And Implement As Appropriate. (a). The above recitals (whereas clauses) are adopted by the City Commission of the City of Sanford and made a substantive part of this Resolution. (b). The Mayor of the City of Sanford is hereby authorized to execute make, execute and deliver to the FDOT the Joint Participation Agreement relating to the side street pavement rehabilitation project on State Road 15/600 (United States Highway 17/92). CERTIFIED C0PY R. DoWhedy City as* Clt of Sanb4 Florid d4xq C-4 (c). The City Manager is hereby authorized to take any and all necessary administrative actions in order to implement the provisions of this Resolution and the Joint Participation Agreement approved herein. Section 2. Conflicts. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. Section 3. Severability. If any section, sentence, phrase, word or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Resolution not otherwise determined to be invalid, unlawful or unconstitutional. Section 4. Effective Date. This Resolution shall become effective immediately upon enactment. Passed and adopted this 13th day of February, 2012. Attest: ..A 4�—/ - S Janet R. Dougherty, tity ClerW/ Jeff Trip City of Sanford City Commission For use and reliance of the Sanford City Commission only. Approved as to form alegality. William L. Colbert, City Attorney 21Page �tM #411742- 1 -58 -01 Page 19 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 Exhibit "C" TERMS & CONDITIONS OF CONSTRUCTION Financial Management Number: 411742- 1 -58 -01 1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein, to enter DEPARTMENT right -of -way to perform all activities necessary for the construction of the Project (as described more fully in Exhibit "A "). The Project shall be constructed in accordance with construction plans and specifications to be approved by the DEPARTMENT and consistent with the requirements of the DEPARTMENT. The plans shall include an appropriate plan for maintenance of traffic. Should any significant (as defined by §4 -3 of Standard Specifications for Road and Bridge Construction, 2010, and as amended from time to time) changes to the plans be required during construction of the Project, the LOCAL GOVERNMENT shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The DEPARTMENT reserves the right to adjust the plans to meet the requirements of permits. The LOCAL GOVERNMENT shall be responsible to maintain the area of the Project at all times during construction of the Project. All payment and performance bonds shall name the DEPARTMENT as an additional oblige. All warranties on any product or material used in construction of said Project shall be in favor of the DEPARTMENT. The LOCAL GOVERNMENT shall assure that the Engineer of Record performs all necessary post- design services that may be required. 2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all existing utilities, both aerial and underground and that all utility locations shall be represented on the construction plans, as necessary. All utility conflicts shall be fully resolved directly with the applicable utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall assure that utility work schedules are obtained for the Project. 3. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National Pollutant Discharge Elimination System Permit and all other necessary permits for construction of the Project. When applicable, such permits will be processed in the name of the DEPARTMENT; however, in such event, the LOCAL GOVERNMENT will comply with all terms and conditions of such permit in construction of the subject facilities. 4. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT to secure separate DEPARTMENT permits for drive -way connection, right -of -way utilization, storm -water discharge and utilities and this Agreement is deemed to constitute such permits. 5. It is expressly agreed by the parties that this Agreement creates a permissive use only and that neither the granting of the permission herein to use DEPARTMENT and/or LOCAL GOVERNMENT right -of -way nor the placing of facilities upon DEPARTMENT and/or ' �1N #411742- 1 -58 -01 Page 20 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL GOVERNMENT except as otherwise provided in separate agreements. 6. The DEPARTMENT shall appoint and authorize a single individual to serve as the DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT shall provide a current construction schedule to the DEARTMENT' S representative and shall notify the representative at least 48 hours in advance of starting proposed work and again immediately upon completion of work. 7. The LOCAL GOVERNMENT shall utilize only a DEPARTMENT prequalified prime contractor for the Project. 8. The LOCAL GOVERNMENT shall hire a DEPARTMENT Pre - qualified Consultant Construction Engineering Inspection firm (CCEI) to perform construction oversight including the obligation to assure that any and all verification testing is performed in accordance with the 2010 Standard Specifications for Road and Bridge Construction, as amended from time to time. The DEPARTMENT shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. In the alternative, the LOCAL GOVERNMENT may utilize LOCAL GOVERNMENT staff to perform the required CCEI services. 9. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond in accordance with Section 337.18, Florida Statutes. 10. The LOCAL GOVERNMENT shall not modify the intent of the design plans or the maintenance of traffic concept without appropriate submission by the Engineer of Record (the "Engineer ") and approval by the DEPARTMENT. Provided, however, in the event of an emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and notify the DEPARTMENT and the Engineer of Record after the modifications. 11. The DEPARTMENT may request and shall be granted a conference with the LOCAL GOVERNMENT and at the LOCAL GOVERNMENT'S option, the LOCAL GOVERNMENT'S CEI firm, to discuss any part of the Project activities that the DEPARTMENT determines to be inconsistent with the approved design plans and specifications. The LOCAL GOVERNMENT will monitor the corrective action and provide the DEPARTMENT status reports at such intervals as are reasonable, based on the corrective action undertaken, and the DEPARTMENT may, but is not obligated to, review independently the progress of the corrective action. Provided however, if the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, issue an immediate stop work order. 12. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the maintenance of traffic and construction operation during the course of the Project so that the safe and efficient movement of the traveling public is maintained. The LOCAL GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety devices that are necessary in order to safely conduct the public through the Project area in accordance with the latest and current version of the ! rM #411742- 1 -58 -01 Page 22 of 23 Original Draft: 1/03/2012 Revised: 1/20/2012 EXHIBIT "D" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and THE CITY OF SANFORD PROJECT DESCRIPTION: Side Street Pavement Rehabilitation at thirty seven 37) locations along State Road 15/600 (US 17/92) within the DEPARTMENT'S right -of -way. FINANCIAL MANAGEMENT ID #: 411742- 1 -58 -01 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of _ , 20 Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the LOCAL GOVERNMENT shall furnish the DEPARTMENT a set of "as- built" plans certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: ~ ' �rM #411742- 1 -58 -01 Page 23 of 23 Exhibit "E" Original Draft: 1/03/2012 Revised: 1/20/2012 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: List applicable compliance requirements as follows: First applicable compliance requirement for). A 7151 2. � sou must be used for recipients of the STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program list Federal agency, Catalog �of Federal Domestic Assistance title and number) - $ amount SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: