1567 JPA w/FDOT-Persimmon Av Project clVnED
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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
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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
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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
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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
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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
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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
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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).
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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
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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.
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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.
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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
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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.
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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:
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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
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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.