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1567 JPA w/FDOT-Persimmon Av Project clVnED ■, 6111 11114. ceD % -1877=7 o PUBLIC WORKS DEPARTMENT oe TRANSMITTAL MEMORANDUM 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 ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) � ' 4 1 ❑ Ordinance ❑ t ❑ _a Performance Bond �( ❑ Resolution ® City Attorney's Initials ❑ City Comm Item • Finance Director's Initials • Purchase Manager Initials Once completed, please: ❑ Return original ❑ Return copy Special Instructions: Executed original of the Joint Participation Agreement from Florida Department of Transportation for the Persimmon Avenue Project for our records. Please advise if you have any questions regarding the above. Thank you! Robert Beall 4/25/13 From Date Florida Department of Transportation RICK SCOTT 719 S. Woodland Blvd., MS 524 ANANTH PRASAD, P.E. GOVERNOR DeLand, Florida 32720 -6834 SECRETARY April 23, 2013 City of Sanford Robert A. Beall, Jr. Project Manager, CPSI Public Works Department 300 N. Park Avenue Sanford, Florida 32771 Subject: EXECUTED JOINT PARTICIPATION AGREEMENT (JPA) for the Construction Services for adding left and right turn lanes on northbound South Persimmon Avenue at State Road 46; and extending the right turn lane at the south end of South Persimmon Avenue into the Auto Train Terminal parking, thus connecting the Sanford Amtrak Station and the SunRail Station FM # 433043- 1- 58 -01, Contract AQY39 Dear Mr. Beall: Please find enclosed the JPA on the project reference above, dated April 23, 2013, between the City of Sanford and the Florida Department of Transportation. If you should have any questions, please feel free to contact me at (386) 943 -5400. Sincerely, Dca#me 7 Dianne Peek Contract Specialist/Audit Analyst District Five DP Enclosures cc: David Cooke John Zielinski Amir Asgarinik D5- construction special projects group Finance Department file www.dot.state.fl.us FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 1 of 21 Revised: 2/27/2013 Financial Management No.: Fund: GMR/LF Activity: 215 433043- 1 -58 -01 Vendor No.: F596000425 -002 FLAIR Approp: ro 088717 Agency: City of Sanford FLAIR Obj.: 563007 Contract No: A� �/�39 Contract Amount: $480,000.0 Org. Code: 55054010508 11 STRATEGIC INTERMODAL SYSTEM JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF SANFORD This Agreement, made and entered into this , ' ` day of , 2013, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and the CITY OF SANFORD, a Municipality incorporated under the laws of the State of Florida (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 339.63, Florida Statutes; and WHEREAS,, the LOCAL GOVERNMENT by Resolution No. 2- 3 4 ( , dated the ,5 day of LH(gC , 2013, a copy of which is attached hereto as Exhibit "F" and made a part hereof, has authorized its officers to execute this Agreement on its behalf. WHEREAS, the LOCAL GOVERNMENT has been selected to receive funding, through the Strategic Intermodal System in Fiscal Year 2012/2013, by undertaking the Project described as the "Construction services for adding left turn and right turn lanes on Northbound South Persimmon Avenue at State Road 46; and extending the existing right turn lane at the south end of South Persimmon Avenue into the Auto Train Terminal Parking, thus connecting the Sanford Amtrak Station and the SunRail Station, said Project being known as FM #433043- 1- 58 -01, hereinafter referred to as the "Project "; and WHEREAS, the Project is not revenue producing and is contained in the adopted Five Year Work Program; and FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 2 of 21 Revised: 2/27/2013 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. 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 by April 30, 2015, in accordance g g p J Y with the schedule described and contained in Exhibit "C" attached hereto. 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 in perpetuity for maintenance responsibilities of the LOCAL GOVERNMENT. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the services with which to construct and perform construction engineering inspection of the Project, which consists of adding a left turn lane on Northbound South Persimmon Avenue at State Road 46; adding a right turn lane on Northbound South Persimmon Avenue at State Road 46; extending the existing right turn lane at the south end of South Persimmon Avenue into the Auto Train Terminal Parking, connecting the Sanford Amtrak Station and the SunRail Station , 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 Project in accordance with all applicable federal, state and local statutes, rules and regulations, including LOCAL GOVERNMENT standards and specifications. The LOCAL GOVERNMENT shall be responsible FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 3 of 21 Revised: 2/27/2013 for obtaining clearances /permits required for the construction of the Project from the appropriate permitting authorities. C. The LOCAL GOVERNMENT shall hire a qualified consultant for the design phase of the Project using the LOCAL GOVERNMENT'S normal procurement procedures to perform the design services for the Project. D. The LOCAL GOVERNMENT shall prepare all design plans for the Project 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 may 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; however, all changes requested by the DEPARTMENT shall be considered by the Engineer of Record/LOCAL GOVERNMENT with the understanding that final decision rests with the DEPARTMENT. All corrected plans shall be submitted to the DEPARTMENT in a timely manner. The LOCAL GOVERNMENT shall provide a copy of the Final Bid documents to the DEPARTMENT'S Project Manager. E Prior to commencing the construction phase 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 qualified contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. G. The LOCAL GOVERNMENT shall hire a qualified, construction engineering and inspection firm ( "CCEI ") to perform construction oversight including the obligation to assure that any and all verification testing is performed for the Project, which CCEI work shall be deemed to be part of the Project. The CCEI firm shall not be the same firm as the Engineer of Record. 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. • FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 4 of 21 Revised: 2/27/2013 J. If the LOCAL GOVERNMENT utilizes its own work force for any services for the Project, those costs and expenses thereof shall not be subject to reimbursement. K. The LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT 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 work being done 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. Coordination shall be maintained by the LOCAL GOVERNMENT with representatives of the DEPARTMENT. L. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion; for all 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, 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. M. Upon completion of the Project, the LOCAL GOVERNMENT shall be responsible for the maintenance of the facilities constructed under this agreement. 3. COMPENSATION AND REIMBURSEMENT A. Project Cost: The total estimated cost of the Project is $960,000.00 (Nine Hundred Sixty Thousand Dollars and No /100). This amount is based on the Schedule of Funding, Exhibit "B" attached hereto. B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for construction services in an amount not to exceed $480,000.00 (Four Hundred Eighty Thousand and No /100) for actual cost incurred, excluding LOCAL 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 and construction plans, when approved FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 5 of 21 Revised: 2/27/2013 by the DEPARTMENT. 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(B), and that the criteria for evaluating successful completion as specified in Paragraph 2(L) was met. iii) The LOCAL GOVERNMENT may receive progress payments for deliverables for design services based 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 LOCAL GOVERNMENT may receive progress payments for deliverables for construction services 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) All costs charged to the Project shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. C. The DEPARTMENT shall have the right to retain out of any payment due the LOCAL GOVERNMENT under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other Agreement between the LOCAL GOVERNMENT and the DEPARTMENT. D. 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 FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 6 of 21 Revised: 2/27/2013 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 Division of Consumer Services at 1- 877 - 693 -5236. E. 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. F. 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 FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 7 of 21 Revised: 2/27/2013 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." G. 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. H. 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 LOCAL GOVERNMENT 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 LOCAL GOVERNMENT is appropriate, the LOCAL GOVERNMENT 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. 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 LOCAL GOVERNMENT expends $500,000 or more in Federal awards in its fiscal year, the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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 LOCAL GOVERNMENT conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 8 of 21 Revised: 2/27/2013 2. In connection with the audit requirements addressed in Part I, paragraph 1, the LOCAL GOVERNMENT shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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 LOCAL GOVERNMENT expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT, other state agencies, and other nonstate entities. State financial assistance does not include Federal 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 II, paragraph 1; the LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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 LOCAL GOVERNMENT resources obtained from other than State entities). FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 9 of 21 Revised: 2/27/2013 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 LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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 -524 DeLand, Florida 32720 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 LOCAL GOVERNMENT shall submit the required written notification e pursuant to Section .320 and a copy P (e)(2) pY of the FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 10 of 21 Revised: 2/27/2013 LOCAL GOVERNMENT'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 -524 DeLand, Florida 32720 In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the LOCAL GOVERNMENT 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 -524 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 LOCAL GOVERNMENT 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 -524 DeLand, Florida 32720 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or the management letter required by PART III of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to: A. The DEPARTMENT at the following address: Florida Department of Transportation Attn: Dianne Peek -Audit Analyst 719 South Woodland Blvd. MS 4 -524 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. FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 11 of 21 Revised: 2/27/2013 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 LOCAL GOVERNMENT in correspondence accompanying the reporting package. PART V: RECORD RETENTION The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT 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 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 cancelled 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. FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 12 of 21 Revised: 2/27/2013 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, (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. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT. 6. MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the LOCAL GOVERNMENT. C. 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 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. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 13 of 21 Revised: 2/27/2013 deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. All tracings, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and shall at all times be and remain the property of the DEPARTMENT without restriction or limitation on their use. F. 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. G. 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. The DEPARTMENT may, at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. H. 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 FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 14 of 21 Revised: 2/27/2013 a contractor, supplier, sub - contractor, or consultant under a contract with any public entity, and may not transact business with any public entity. I. The DEPARTMENT and the LOCAL GOVERNMENT acknowledge and agree to the following: 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. J. 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: FLORIDA DEPARTMENT OF TRANSPORTATION Dianne Peek John Zielinski Vincent Vacchiano Contract Specialist District Interchange Review Construction Project Manager MS 4 -524 Chairman MS 3 -506 719 South Woodland Boulevard MS 530 719 South Woodland Boulevard DeLand, Florida 32720 -6834 133 South Semoran Boulevard DeLand, Florida 32720 -6834 PH: (386) 943 -5452 Orlando, Florida 32807 (386) 943 -5406 dianne.peek @dot.state.fl.us PH: (407) 482 -7868 vncent.vacchianoAdot.state.fl.us John.zielinski @dot.state.fl.us CITY OF SANFORD Robert A. Beall, Jr. Project Manager, CPSI Public Works Department 300 N. Park Avenue Sanford, Florida 32771 PH: (407) 688 -5000 ext 5423 Robert.beall@sanfordlf gov FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 15 of 21 Revised: 2/27/2013 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of Plc■t.ck, , 2013, and the DEPARTMENT has executed this Agreement this L.)2, day of 14 p`� , 2013. CITY OF SANFORD STATE OF FLORIDA By: BOARD OF C TY C MISSIONERS DEPARTMENT OF T e "� '0 RTATION By: /40 By: --:d11■K-�r,immwiAzv • Name: Jeff Trio. -tt Name: Fra J. O'Dea, P.E. Title: Mayor Title: Director of Transportation Development As approved by the Board on: V1/1(t ell r_ 0/ 3 Attest: I est: 9 A2N-e/gaZ J Executive Secretary Legal Review al iew: City of Sanford Attorney Financial Provisions Approval by the Office of the Comptroller on: a-/c9--Le 4201 3 Authorization Received from the Office of the Comptroller as to Availability of Funds: Wito/20/.3 FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 16 of 21 Revised: 2/27/2013 EXHIBIT "A" SCOPE OF SERVICES Financial Management Number: 433043- 1 -58 -01 Overview: The scope of services for this project includes the reconstruction of the entire Persimmon Avenue right -of -way from W. 1 Street to the Amtrak Rail Station crossing and on W. 3 Street from Persimmon Avenue to the Mill Creek Drainage Ditch. Deliverables: Improvements include the widening the Persimmon Avenue right -of -way by adding turn lanes for the Amtrak Station, new storm sewer pipes, inlets, curb & gutter, sidewalks and retention pond. On 3 Street, the project will replace approximately 1,700 linear feet of new storm sewer pipe and connections to a new stormwater pond and the Mill Creek Drainage Ditch. The LOCAL GOVERNMENT agrees to assume the sole responsibilities to operate and maintain all facilities constructed under the terms of this Agreement upon acceptance of the final payment. 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 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 City Manager or his designee 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# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 17 of 21 Revised: 2/27/2013 EXHIBIT "B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 433043- 1 -58 -01 The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT for construction services in an amount not to exceed $480,000.00 (Four Hundred Eighty Thousand Dollars and No /100) for actual cost incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees share in the costs of the construction phase in an amount of $480,000.00 (Four Hundred Eighty Thousand Dollars and No /100); and to bear all expenses in excess of the DEPARTMENT'S participation. Travel costs will not be reimbursed. FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 18 of 21 Revised: 2/27/2013 EXHIBIT "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 433043- 1 -58 -01 * Project Schedule: January 2013 Design completed February 2013 Bid package prepared March 2013 Bid package ready to go out June 2013 Award Bid i t July 2013 Notice to Proceed April 2015 Project Complete • FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 19 of 21 Revised: 2/27/2013 EXHIBIT "D" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and THE CITY OF SANFORD PROJECT DESCRIPTION: Construction services for Sanford Amtrak/SunRail Station Improvements regarding Persimmon Road FINANCIAL MANAGEMENT ID# 433043- 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 . By: 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: FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 20 of 21 Revised: 2/27/2013 EXHIBIT "E" 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: 1. First applicable compliance require • • ( ., it s •r � es � , se r sources must be used for). fr �E �1 2. Second -, p i • s I c plia ` uir .' ': • 'la requirements for recipients of p •i re � e , re q the res E uV • 3. Etc. 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: FM# 433043- 1 -58 -01 Original Draft: 2/12/2013 Page 21 of 21 Revised: 2/27/2013 EXHIBIT "F" RESOLUTION Financial Management Number: 433043- 1 -58 -01 • •,• I i I, i b i F Resolution No. 2391 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 the project described as: "Construction services for adding left turn and right turn lanes on Northbound South Persimmon Avenue at State Road 46 and extending the existing right turn lane at the south end of South Persimmon Avenue into the Auto Train Terminal Parking, thus connecting the Sanford Amtrak Station and the SunRail Station" and pertaining to the FDOT project assigned Financial Management Number 433043 -1- 58-01; authorizing implementing administrative actions and the expenditure of funds; providing for a savings provision; 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 in Seminole County desire to facilitate construction services for adding left turn and right turn lanes on Northbound South Persimmon Avenue at State Road 46 and extending the existing right turn lane at the south end of South Persimmon Avenue into the Auto Train Terminal parking, thus connecting the Sanford Amtrak Station and the SunRail Station (the "Project ") said Project planned to be completed in Fiscal Year 2012/2013; and Whereas, the FDOT has assigned the Project Financial Management Number 433043- 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. Wage (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 construction services for adding left turn and right turn lanes on Northbound South Persimmon Avenue at State Road 46 and extending the existing right turn lane at the south end of South Persimmon Avenue into the Auto Train Terminal parking, thus connecting the Sanford Amtrak Station and the SunRail Station and relative to a project which the FDOT has assigned Financial Management Number 433043- 1- 58 -01. (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 including, but not limited to, the expenditure of $960,000.00 of which $480,000.00 will be reimbursed by the FDOT. Section 2. Savings. The prior actions of the City of Sanford relating to the Project, as well as any and all related matters and processes, are hereby ratified and affirmed. Section 3. Conflicts. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. Section 4. 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. 21Pagc Section S. Effective Cate. ' This Resolution shall become effective immediately upon _enactment. . Passed and adopted this 25 day of March, 2013. Attest: City of Sanford City Commission • 9:Mit( • Acik Janet R. Dougherty Clew( Ra dy Jones, Vice Mayor For use and reliance of the Sanford City Commission only. Approved as to form and legality. i - -�. William L. Colbert, City Attorney Wage Florida a De urt as n a r aaia or aat on RICK St OJT Vs. NN, "I li PR V', I). P.1 CON ER\OR *,F:( RE l NR MEMORANDUM DATE: June 11, 2012 TO: Whom It May Concern FROM: Frank O'Dea, Director of Transportation Development, District 5 COPIES: Noranne Downs, D5 Department Heads SUBJECT: Delegation of Authority for Frank O'Dea In my absence from my office at the District Office located at 719 South Woodland Boulevard, DeLand, Florida, I hereby appoint Alan Hyman, Director of Transportation Operations, Annette Brennan, District Design Engineer, Susan Sadighi, Intermodal Systems Development Manager, Jack Adkins, District Right of Way Manager and Mario Bizzio, District Program Manager as my designees to act in my stead and to sign documents on my behalf as the District Director of Transportation Development of the Department's District Five. This authority is effective immediately and will stay in effect until modified or rescinded by me. Any previous delegations are hereby rescinded and replaced by this document.