1501 FDOT� 6ON
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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: