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HomeMy WebLinkAbout2008 10 27 Consent 200 Florida Department Of Transportation - Joint Participation AgreementCOMMISSION AGENDA ITEM 200 October 27, 2008 Meeting CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR MGR ,. EPT Authorization REQUEST: Public Works Department requesting authorization to enter into a Joint Participation Agreement with the Florida Department of Transportation to install turn lanes along State Road 419 at Wade Street and Sherry Avenue with an FDOT contribution of $368,000. PURPOSE: The purpose of this agenda item is to request authorization to enter into a Joint Participation Agreement with the Florida Department of Transportation to install turn lanes along State Road 419 at Wade Street and Sherry Avenue with an FDOT contribution of $368,000. CONSIDERATIONS: • The Joint Participation Agreement (JPA) between the City and FDOT provides FDOT funding in the amount of $368,000 for construction of the following improvements: o Addition of an eastbound and westbound left-turn deceleration lanes from S.R. 419 onto Wade Street o Addition of a right-turn deceleration lane on S.R. 419 eastbound onto Sherry Avenue • The FDOT-funded improvements listed above are planned to be combined with the following City-funded improvements into one construction project: o Wade Street reconstruction from S.R. 419 to Old Sanford-Oviedo Road o Addition of a right-turn deceleration lane on S.R. 419 westbound onto Wade Street 102708 COMM Consent 200 FDOT JPA SR419 Turn Lanes October 27, 2008 Agenda Item #200 Page 2 of 2 • The FDOT-funded improvements were recommended by FDOT District 5 Traffic Operations Staff as safety improvements based on recent traffic studies performed by FDOT. • The City-funded improvements are part of the City's three-year master pavement plan. The City's construction portion of the project is estimated to cost $250,000. • At the June 9, 2008 City Commission meeting, the Commission authorized entering into an agreement with Pegasus Engineering, Inc. to provide professional engineering services for both the City and FDOT-funded portions of the project. The design is approximately 50% complete at this time and is scheduled to be complete by January 2009. Construction is scheduled for completion by July 2009. Under the terms of the Joint Partnership Agreement, the project must be completed within one year from the date of execution of the Agreement. • Under the terms of the Joint Partnership Agreement, the City retains the option of not proceeding with the project and the Agreement will expire after one year unless an extension is granted by FDOT. FUNDING: No funding is requested at this time. After design completion and FDOT approval, the project will be bid and the authorization to enter into a construction contract will be presented to the City Commission for approval. RECOMMENDATION: Staff recommends that authorization be granted to enter into a Joint Participation Agreement with the Florida Department of Transportation to install turn lanes along State Road 419 at Wade Street and Sherry Avenue with an FDOT contribution of $368,000. ATTACHMENTS: 1. Exhibit A - Wade Street / S.R. 419 Improvements Map 2. Exhibit B - Joint Partnership Agreement COMMISSION ACTION: 102708_COMM_Consent_200_FDOT JPA SR419 Turn Lanes 'i3 C C r, E a O a /g C ON O ..0 {•+ 4S d ctS N d ° 13 j _' " J_.,_;- -...-- W ADE ST L cl c 2 � -� -- - ? CU) V ("Y1 cry Y �! , ' O O l �z t, l ^ ' Cn CU '00� ' a) d b < co re w C Cl) p C IS VH � rt O E .4- *- co C fr." W O � Oa -J C �` M to c O ° c! N ` .1 N, rn > > ea rr o kn 7 ' W V♦ i 6C O i t W i �' N b 1:\111 3:N3: iv ism■ ' }r` b �� ! 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Code: Contract No: Vendor No.: F591026364-005 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF WINTER SPRINGS This Joint Participation Agreement (hereinafter the "Agreement"), made and entered into this day of , 2008, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (hereinafter referred to as the LOCAL GOVERNMENT), WITNESSETH: WHEREAS, the Parties have been granted specific legislative authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT, by Resolution/Minutes, a copy of which is attached hereto as Exhibit "B" and made a part hereof, has authorized its officers to execute this Agreement on its behalf, and WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year Work Program, to undertake the Project described as: "Install Turn Lanes at Sherry Avenue and Wade Street along SR 419", in Fiscal Year 2008/2009, said Project being known as FM# 424797- 1-58-01, and more fully reflected in the Scope of Services attached hereto as Exhibit "A" and 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 WHEREAS, the implementation of the Project is in the best interests 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; and FM#424797-1-58-01 Page 2 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. The term of this Agreement shall begin upon the date the last party executes same. The LOCAL GOVERNMENT agrees to complete the Project on or before one year from the date of execution of this Agreement. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of 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. 2. This Agreement shall serve as a permit to allow the LOCAL GOVERNMENT access to the DEPARTMENT'S right-of-way to perform all necessary work as required under this Agreement. The LOCAL GOVERNMENT shall perform necessary preliminary engineering, 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, perform the construction, provide all necessary engineering supervision, and otherwise perform all other necessary work to complete the Project, as specified in Exhibit "A" 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. Except as specifically stated otherwise in this Agreement, all such activities shall be performed at such times, in such manner, and under such conditions as the LOCAL GOVERNMENT, in its sole discretion, deems appropriate. The DEPARTMENT shall not have any jurisdiction or control over LOCAL GOVERNMENT activities, except as specifically stated in this Agreement. 3. The LOCAL GOVERNMENT shall submit six (6) copies of all design plans that pertain to this Agreement to the DEPARTMENT for review and approval. After approval of the plains and prior to commencing the work described herein, the LOCAL GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT'S Construction Project Manager, Vince Vacchiano at (386) 943-5406 or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. 4. In relation to Construction, the parties agree on the following: FM#424797-1-58-01 Original Draft: 9/25/2008 Page 3 of 19 Revised: 10/08/2008 (A) The LOCAL GOVERNMENT shall hire a DEPARTMENT pre-qualified prime contractor ("Contractor") using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. (B) The LOCAL GOVERNMENT shall hire a DEPARTMENT qualified construction engineering and inspection firm ("CEI") to perform the Verification Testing work for the Project, which CEI work shall be deemed to be part of the Project. If the LOCAL GOVERNMENT utilizes its own work force for any services for the Project, the costs and expenses associated with such self-performance shall not be subject to reimbursement. (C) The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond or other security in accordance with section 337.18(1), Florida Statutes. (D) The LOCAL GOVERNMENT shall be responsible for ensuring that the Construction work under this Agreement is performed in accordance with the approved construction documents and will meet all applicable DEPARTMENT standards as specified in Exhibit "D". (E) Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details thereof. Either parry to the Agreement may request and shall, within a reasonable time thereafter be granted a conference with the other party. (F) After construction is complete, the DEPARTMENT will resume maintenance responsibilities of the roadway within the DEPARTMENT'S right-of-way. 5. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT its actual direct costs, excluding LOCAL GOVERNMENT overhead, in an amount not to exceed $368,000.00 (Three Hundred Sixty Eight Thousand Dollars and No/100). Reimbursement will be in accordance with Section 339.12, Florida Statutes, and subject to Legislative approval and appropriation. The LOCAL GOVERNMENT understands that it is responsible for all cost of the Project over and above $368,000.00 (Three Hundred Sixty Eight Thousand Dollars and No/100). FM#424797-1-58-01 Page 4 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 6. Actual direct costs are limited to the LOCAL GOVERNMENT'S direct payments to its contractor and Construction CEI as required for completion of the Project. Such costs include, but are not limited to, costs for supplies, materials, and services related to the Project. 7. Reimbursement herein is conditioned on the following: (A) Bills for fees or other compensation for services or expenses shall be submitted to the DEPARTMENT in detail sufficient for a proper pre-audit and post-audit. Such submissions must include an Invoice Summary Sheet, supporting documentation to justify the charges and for the final payment, the Notice of Completion; and (B) The LOCAL GOVERNMENT may receive progress payments for services that have been completed and accepted to the satisfaction of the DEPARTMENT when properly supported by invoices or other acceptable evidence of payment to its contractors. The remaining balance will be due upon the completion and approval of all Project services. (C) All payments from the DEPARTMENT to the LOCAL GOVERNMENT are conditioned upon the completion of the Project in a manner consistent with the approved Project construction documents by the LOCAL GOVERNMENT'S contractor; (D) Within 30 days after completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "C". 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. (E) The LOCAL GOVERNMENT shall provide the DEPARTMENT with documentation supporting its final costs of the Project. This documentation must show the total amount the LOCAL GOVERNMENT has incurred for the services performed under this Agreement. 8. 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 FM#424797-1-58-01 Original Draft: 9/25/2008 Page 5 of 19 Revised: 10/08/2008 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 to the LOCAL GOVERNMENT, in addition to the invoice amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a State Agency. The Vendor Ombudsman may be contacted at (850) 410- 9724 or by calling the Department of Financial Services Hotline at 1-800-848-3792. 9. The LOCAL GOVERNMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the work for this Project. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT at all times during the period of this agreement and for a period of 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. 10. In the event this Agreement is in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) and a term for a period of more than one 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 year, but any contract so made shall be executory only for the value of FM#424797-1-58-01 Page 6 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year." 11. The DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the 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 written notice to the LOCAL GOVERNMENT to that effect. 12. Audits: The administration of funds 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 recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. If applicable, EXHIBIT 1 to this Agreement indicates Federal resources awarded through the DEPARTMENT by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the DEPARTMENT. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular FM#424797-1-58-01 Page 7 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If applicable, EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the DEPARTMENT by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT, 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 recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). FM#424797-1-58-01 Page 8 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the DEPARTMENT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The DEPARTMENT at each of the following addresses: Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 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 101h Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: FM#424797-1-58-01 Page 9 of 19 Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 DeLand, Florida 32720 Original Draft: 9/25/2008 Revised: 10/08/2008 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the DEPARTMENT at each of the following addresses: Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 DeLand, Florida 32720 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The DEPARTMENT at each of the following addresses: Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 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 recipient directly to: A. The DEPARTMENT at each of the following addresses: Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 DeLand, Florida 32720 5. Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local FM#424797-1-58-01 Page 10 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. 13. After written notice and a reasonable opportunity to cure, either party may unilaterally cancel this Agreement for refusal by the other party to 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 such party in conjunction with this Agreement. 14. This Agreement 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. 15. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all prior negotiations, correspondence, conversation, agreements, or understanding applicable to the matters contain herein. 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 deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 16. 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 FM#424797-1-58-01 Page 11 of 19 17. 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 Original Draft: 9/25/2008 Revised: 10/08/2008 shall be sent to the following addresses: Shirley Matthews JPA Coordinator/MS 4-522 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5452 shirley.matthews&cdot. state. fl.us DEPARTMENT Jim Stroz Assistant D-5Traffic Ops. Eng. 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5312 jim.stroz a dot. state. fl.us Vince Vacchiano Construction Project Manager 719 South Woodland Boulevard DeLand, Florida 32720-6834 PH: (386) 943-5406 vincent.vacchiano(t?dot. state. fl.us CITY OF WINTER SPRINGS Brian Fields, P.E. City Engineer 1126 East State Road 434 Winter Springs, Florida 32708 (407) 327-7597 bfields(i .wintersprin sg fl.org 18. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FM#424797-1-58-01 Page 12 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of , 2008, and the DEPARTMENT has executed this Agreement this day of 12008. STATE OF FLORIDA CITY OF WINTER SPRINGS DEPARTMENT OF TRANSPORTATION By: Name: Title: By: Name: George S. Lovett Title: Director of Transportation Development Attest: Attest: Executive Secretary Legal Review Legal Review: City Attorney Financial Provision Approval by Department of Comptroller on: Authorization Received From the Comptroller's Office as to Availability of Funds: FM#424797-1-58-01 Page 13 of 19 EXHIBIT "A" SCOPE OF SERVICES Original Draft: 9/25/2008 Revised: 10/08/2008 Financial Management Number: 424797-1-58-01 Install Turn Lanes at Sherry Avenue and Wade Street along SR 419 Project Description The installation of a 400-foot southbound right turn lane for the intersection of SR 419 at Sherry Avenue and a 450-foot southbound left turn lane for the intersection of SR 419 at Wade Street. The roadway improvements will be designed and constructed by the City of Winter Springs in conjunction with the City's project to improve Wade Street. The Department will contribute a lump sum amount up to $368,000, for actual costs incurred, toward the cost of the roadway improvements. FM#424797-1-58-01 Page 14 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 EXHIBIT "B" RESOLUTION/MINUTES Financial Management Number: 424797-1-58-01 FM#424797-1-58-01 Original Draft: 9/25/2008 Page 15 of 19 Revised: 10/08/2008 Exhibit "C" TERMS & CONDITIONS OF CONSTRUCTION 1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein, to enter DEPARTMENT right-of-way to perform all activities necessary for the construction of the PROJECT (as described more fully in Exhibit "A"). The PROJECT shall be constructed in accordance with construction plans and specifications to be approved by the DEPARTMENT and consistent with the requirements of the DEPARTMENT. The plans shall include an appropriate plan for maintenance of traffic. Should any significant (as defined by §4-3 of Standard Specifications for Road and Bridge Construction, 2007, and as amended from time to time) changes to the plans be required during construction of the PROJECT, the LOCAL GOVERNMENT shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The DEPARTMENT reserves the right to adjust the plans to meet the requirements of permits. The LOCAL GOVERNMENT shall be responsible to maintain the area of the PROJECT at all times during construction of the PROJECT. All payment and performance bonds shall name the DEPARTMENT as an additional oblige. All warranties on any product or material used in construction of said PROJECT shall be in favor of the DEPARTMENT. 2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all existing utilities, both aerial and underground and that all utility locations shall be represented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall assure that utility work schedules are obtained for the project. 3. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National Pollutant Discharge Elimination System Permit and all other necessary permits for construction of the PROJECT. When applicable, such permits will be processed in the name of the DEPARTMENT; however, in such event, the LOCAL GOVERNMENT will comply with all terms and conditions of such permit in construction of the subject facilities. 4. This Agreement shall act to supersede the normal requirements of separate DEPARTMENT permits for drive-way connection, right-of-way utilization, storm-water discharge and utilities and this Agreement is deemed to constitute such permits. 5. It is expressly agreed by the parties that this Agreement creates a permissive use only and that neither the granting of the permission herein to use DEPARTMENT and/or LOCAL GOVERNMENT right-of-way nor the placing of facilities upon DEPARTMENT and/or LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL GOVERNMENT except as otherwise provided in separate agreements. FM#424797-1-58-01 Original Draft: 9/25/2008 Page 16 of 19 Revised: 10/08/2008 6. The DEPARTMENT shall appoint and authorize a single individual to serve as the DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT shall provide a current construction schedule to the DEARTMENT' S representative and shall notify the representative at least 48 hours in advance of starting proposed work and again immediately upon completion of work. 7. The LOCAL GOVERNMENT shall utilize only a DEPARTMENT prequalified prime contractor for the PROJECT. 8. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified CEI firm to perform Verification Testing in accordance with the 2007 Standard Specifications for Road and Bridge Construction, and as amended from time to time. The DEPARTMENT shall have the right, but not the obligation, to perform independent testing from time to time during the course of construction of the PROJECT. 9. The LOCAL GOVERNMENT shall not modify the intent of the design plans or the maintenance of traffic concept without appropriate submission by the Engineer of Record (the "Engineer") and approval by the DEPARTMENT. Provided, however, in the event of an emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and notify the DEPARTMENT and the LOCAL GOVERNMENT after the modifications. 10. The DEPARTMENT may request and shall be granted a conference with the LOCAL GOVERNMENT and at the LOCAL GOVERNMENT'S option, the LOCAL GOVERNMENT'S CEI firm, to discuss any part of the PROJECT activities that the DEPARTMENT determines to be inconsistent with the approved design plans and specifications. The LOCAL GOVERNMENT will monitor the corrective action and provide the DEPARTMENT status reports at such intervals as are reasonable, based on the corrective action undertaken, and the DEPARTMENT may, but is not obligated to, review independently the progress of the corrective action. Provided however, if the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, issue an immediate stop work order. 11. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the maintenance of traffic and construction operation during the course of the PROJECT so that the safe and efficient movement of the traveling public is maintained. The LOCAL GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety devices that are necessary in order to safely conduct the public through the PROJECT area in accordance with the latest and current version of the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, and the DEPARTMENT'S 2007 Standard Specifications for Road and Bridge construction and the DEPARTMENT'S 2008 Roadway and Traffic Design Standards, and as those sources may be amended from time to time. The LOCAL GOVERNMENT may assign the responsibility of this paragraph to the Contractor or its' CEI for the construction of the PROJECT. 12. Prior to the PROJECT bidding, the LOCAL GOVERNMENT shall provide a project schedule that includes, at a minimum, the date the PROJECT will be advertised for bid, the bid opening date, the award date and the date of the preconstruction conference. FM#424797-1-58-01 Original Draft: 9/25/2008 Page 17 of 19 Revised: 10/08/2008 13. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the DEPARTMENT'S right, title and interest in the land to be entered upon and used by the LOCAL GOVERNMENT. Any additional right or privilege required to undertake and to complete construction of the PROJECT shall be secured by the LOCAL GOVERNMENT. 14. Upon completion of the work in accordance with the Plans, the LOCAL GOVERNMENT shall furnish a set of "as-built" plans certified by the Engineer of Record/CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accordance with the terms of this Agreement. This certification shall include a statement that necessary inspections, tests, and physical measurements have been made, and that all materials entering into the work conform to the Plans, conform to the applicable specifications contained in the Standard Specifications for Road and Bridge Construction, 2007 edition as amended, or otherwise conform to or meet generally accepted professional practices. Additionally, the LOCAL GOVERNMENT shall assure that all post construction survey monumentation required by Florida Statutes is completed and evidence of such is provided to the DEPARTMENT in a manner acceptable to the DEPARTMENT. Upon acceptance of right-of- way documents as specified in Paragraph 12, then the PROJECT shall be deemed accepted by and turned over to the DEPARTMENT. 15. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or anyone within the DEPARTMENT right of way, the LOCAL GOVERNMENT shall immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate with the appropriate agencies and notify the LOCAL GOVERNMENT of any required action related thereto. 16. It is acknowledged by the parties that construction plans and specifications are still being prepared by the LOCAL GOVERNMENT as of the date of this Agreement. Construction of the PROJECT will not commence until the DEPARTMENT has approved the construction plans and specifications as provided for in Paragraph 1 and all required right-of-way has been property obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager. 17. If applicable, the LOCAL GOVERNMENT shall assure that load ratings are submitted on any vehicular bridge prior to the final submission of the structure plans for DEPARTMENT review. Structures shall not be opened to traffic until a signed and sealed final bridge load rating that meets the Florida legal loads standard is complete. FM#424797-1-58-01 Original Draft: 9/25/2008 Page 18 of 19 Revised: 10/08/2008 EXHIBIT "D" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF WINTER SPRINGS PROJECT DESCRIPTION: Install Turn Lanes at Sherry Avenue and Wade Street along SR 419 FINANCIAL MANAGEMENT ID# 424797-1-58-01 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 CITY OF WINTER SPRINGS 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#424797-1-58-01 Page 19 of 19 EXHIBIT - 1 Original Draft: 9/25/2008 Revised: 10/08/2008 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: 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#424797-1-58-01 Original Draft: 9/25/2008 Page 1 of 19 Revised: 10/08/2008 Financial Management No.: Fund: DS Activity: FLAIR Approp: 424797-1-58-01 FLAIR Obj.: Agency: City of Winter Springs Contract Amount: $368,000.00 Org. Code: Contract No: A P ~ 3 ~ Vendor No.: F591026364-005 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF WINTER SPRINGS This Joint Participation Agreement (hereinafter the "Agreement"), made and entered into this _ day of o~ 2008, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (hereinafter referred to as the LOCAL GOVERNMENT), WITNESSETH: WHEREAS, the Parties have been granted specific legislative authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT, by Resolution/Minutes, acopy of which is attached hereto as Exhibit "B" and made a part hereof, has authorized its officers to execute this Agreement on its behalf; and WHEREAS, the DEPARTMENT is prepared, in accordance with its Adopted Five Year Work Program, to undertake the Project described as: "Install Turn Lanes at Sherry Avenue and Wade Street along SR 419", in Fiscal Year 2008/2009, said Project being known as FM# 424797- 1-58-01, and more fully reflected in the Scope of Services attached hereto as Exhibit "A" and 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 WHEREAS, the implementation of the Project is in the best interests 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; and FM#424797-1-58-01 Page 2 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. The term of this Agreement shall begin upon the date the last party executes same. The LOCAL GOVERNMENT agrees to complete the Project on or before one year from the date of execution of this Agreement. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of 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. 2. This Agreement shall serve as a permit to allow the LOCAL GOVERNMENT access to the DEPARTMENT'S right-of--way to perform all necessary work as required under this Agreement. The LOCAL GOVERNMENT shall perform necessary preliminary engineering, 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, perform the construction, provide all necessary engineering supervision, and otherwise perform all other necessary work to complete the Project, as specified in Exhibit "A" 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. Except as specifically stated otherwise in this Agreement, all such activities shall be performed at such times, in such manner, and under such conditions as the LOCAL GOVERNMENT, in its sole discretion, deems appropriate. The DEPARTMENT shall not have any jurisdiction or control over LOCAL GOVERNMENT activities, except as specifically stated in this Agreement. 3. The LOCAL GOVERNMENT shall submit six (6) copies of all design plans that pertain to this Agreement to the DEPARTMENT for review and approval. After approval of the plains and prior to commencing the work described herein, the LOCAL GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT'S Construction Project Manager, Vince Vacchiano at (386) 943-5406 or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. 4. In relation to Construction, the parties agree on the following: FM#424797-1-58-01 Original Draft: 9/25/2008 Page 3 of 19 Revised: 10/08/2008 (A) The LOCAL GOVERNMENT shall hire a DEPARTMENT pre-qualified prime contractor ("Contractor") using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. (B) The LOCAL GOVERNMENT shall hire a DEPARTMENT qualified construction engineering and inspection firm ("CEI") to perform the Verification Testing work for the Project, which CEI work shall be deemed to be part of the Project. If the LOCAL GOVERNMENT utilizes its own work force for any services for the Project, the costs and expenses associated with such self-performance shall not be subject to reimbursement. (C) The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond or other security in accordance with section 337.18(1), Florida Statutes. (D) The LOCAL GOVERNMENT shall be responsible for ensuring that the Construction work under this Agreement is performed in accordance with the approved construction documents and will meet all applicable DEPARTMENT standards as specified in Exhibit "D". (E) Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of 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. (F) After construction is complete, the DEPARTMENT will resume maintenance responsibilities of the roadway within the DEPARTMENT'Sright-of--way. 5. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT its actual direct costs, excluding LOCAL GOVERNMENT overhead, in an amount not to exceed $368,000.00 (Three Hundred Sixty Eight Thousand Dollars and No/100). Reimbursement will be in accordance with Section 339.12, Florida Statutes, and subject to Legislative approval and appropriation. The LOCAL GOVERNMENT understands that it is responsible for all cost of the Project over and above $368,000.00 (Three Hundred Sixty Eight Thousand Dollars and No/100). FM#424797-1-58-01 Original Draft: 9/25/2008 Page 4 of 19 Revised: 10/08/2008 6. Actual direct costs are limited to the LOCAL GOVERNMENT'S direct payments to its contractor and Construction CEI as required for completion of the Project. Such costs include, but are not limited to, costs for supplies, materials, and services related to the Project. 7. Reimbursement herein is conditioned on the following: (A) Bills for fees or other compensation for services or expenses shall be submitted to the DEPARTMENT in detail sufficient for a proper pre-audit and post-audit. Such submissions must include an Invoice Summary Sheet, supporting documentation to justify the charges and for the final payment, the Notice of Completion; and (B) The LOCAL GOVERNMENT may receive progress payments for services that have been completed and accepted to the satisfaction of the DEPARTMENT when properly supported by invoices or other acceptable evidence of payment to its contractors. The remaining balance will be due upon the completion and approval of all Project services. (C) All payments from the DEPARTMENT to the LOCAL GOVERNMENT are conditioned upon the completion of the Project in a manner consistent with the approved Project construction documents by the LOCAL GOVERNMENT'S contractor; (D) Within 30 days after completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "C". 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. (E) The LOCAL GOVERNMENT shall provide the DEPARTMENT with documentation supporting its final costs of the Project. This documentation must show the total amount the LOCAL GOVERNMENT has incurred for the services performed under this Agreement. 8. 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 FM#424797-1-58-01 Original Draft: 9/25/2008 Page 5 of 19 Revised: 10/08/2008 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 to the LOCAL GOVERNMENT, in addition to the invoice amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a State Agency. The Vendor Ombudsman may be contacted at (850) 410- 9724 or by calling the Department of Financial Services Hotline at 1-800-848-3792. 9. The LOCAL GOVERNMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the work for this Project. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT at all times during the period of this agreement and for a period of 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. 10. In the event this Agreement is in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) and a term for a period of more than one 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 year, but any contract so made shall be executory only for the value of FM#424797-1-58-01 Page 6 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year." 11. The DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the 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 written notice to the LOCAL GOVERNMENT to that effect. 12. Audits: The administration of funds 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 recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. If applicable, EXHIBIT 1 to this Agreement indicates Federal resources awarded through the DEPARTMENT by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the DEPARTMENT. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular FM#424797-1-58-01 Page 7 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If applicable, EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the DEPARTMENT by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT, 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 recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). FM#424797-1-58-0 l Page 8 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the DEPARTMENT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The DEPARTMENT at each of the following addresses: Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 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`h Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: FM#424797-1-58-01 Page 9 of 19 Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 Deland, Florida 32720 Original Draft: 9/25/2008 Revised: 10/08/2008 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the DEPARTMENT at each of the following addresses: Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 Deland, Florida 32720 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directl to each of the following: A. The DEPARTMENT at each of the following addresses: Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 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 recipient directly to: A. The DEPARTMENT at each of the following addresses: Florida Department of Transportation Attn: Dianne Peek-Audit Analyst 719 South Woodland Blvd. MS-522 Deland, Florida 32720 5. Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local FM#424797-1-58-01 Page 10 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. 13. After written notice and a reasonable opportunity to cure, either party may unilaterally cancel this Agreement for refusal by the other party to 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 such party in conjunction with this Agreement. 14. This Agreement shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, fmal 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. 15. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all prior negotiations, correspondence, conversation, agreements, or understanding applicable to the matters contain herein. 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 deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 16. 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 FM#424797-1-58-01 Page 11 of 19 17. 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 Original Draft: 9/25/2008 Revised: 10/08/2008 shall be sent to the following addresses: Shirley Matthews JPA Coordinator/MS 4-522 719 South Woodland Boulevard Deland, Florida 32720-6834 PH: (386) 943-5452 shirlev.matthews(c~dot. state. fl. us DEPARTMENT Jim Stroz Assistant D-STraffic Ops. Eng. 719 South Woodland Boulevard Deland, Florida 32720-6834 PH: (386) 943-5312 jim.stroz ~dot.state.fl.us Vince Vacchiano Construction Project Manager 719 South Woodland Boulevard Deland, Florida 32720-6834 PH: (386) 943-5406 vincent.vacchiano~~dot. state. fl.us CITY OF WINTER SPRINGS Brian Fields, P.E. City Engineer 1126 East State Road 434 Winter Springs, Florida 32708 (407) 327-7597 bfields(c~wintersprin~sfl.org 18. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. FM#424797-1-58-01 Page 12 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this 2 7th day of O c t ob e r , 2008, and the DEPARTMENT has executed this Agreement this ~a~~.- day of ,~~ , 2008. STATE OF FLORIDA CITY OF WINTER SPRINGS DEPARTMENT OF TRANSPORTATION By:. By: Nam~~y_ .: ohn F . Bush ~~an Title: M~iyr'r Titlf Attest: ~ Attest: ,~ r. n~ Executive Secretary Legal R e Le al Review: City Attorney Financial Provision Approval by Department of Comptroller on: /Q - ~ - aoo~ Authorization Received From the Comptroller's Office as to Availability of Funds: FM#424797-1-58-01 Page 13 of 19 EXHIBIT "A" SCOPE OF SERVICES Original Draft: 9/25/2008 Revised: 10/08/2008 Financial Management Number: 424797-1-58-01 Install Turn Lanes at Sherry Avenue and Wade Street along SR 419 Project Description The installation of a 400-foot southbound right turn lane for the intersection of SR 419 at Sherry Avenue and a 450-foot southbound left turn lane for the intersection of SR 419 at Wade Street. The roadway improvements will be designed and constructed by the City of Winter Springs in conjunction with the City's project to improve Wade Street. The Department will contribute a lump sum amount up to $368,000, for actual costs incurred, toward the cost of the roadway improvements. FM#424797-1-58-01 Page 14 of 19 Original Draft: 9/25/2008 Revised: 10/08/2008 EXHIBIT "B" RESOLUTION/MINUTES Financial Management Number: 424797-1-58-01 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 27, 2008 CALL TO ORDER The Regular Meeting of Monday, October 27, 2008 of the City Commission was called to Order by Mayor John F. Bush at 5:18 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Donald A. Gilmore, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present via telephone Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:19 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. City Manager Ronald W. McLemore arrived at 5:19 p.m. Mayor Bush noted, "We have one Agenda change. Staff has recommended that -Regular item `605' (Part I) from the previous meeting be Pulled." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "We are going to bring it back Mayor - at a later date." Commissioner Joanne M. Krebs asked, "To Pull `201' from Consent (Agenda) and put it on to Regular (Agenda [Part II])." No objections were voiced. REGULAR AGENDA -PREVIOUSLY LISTED ON THE OCTOBER 13, 2008 REGULAR MEETING AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 2 OF 25 REGULAR AGENDA (PART I) REGULAR 605. Community Development Department Requesting The City Commission To Review And Approve, With Any Amendments Deemed Appropriate, Resolution Number 2008-03 For Establishment Of The City Of Winter Springs Memorial Tree Planting Program. As just stated, this Agenda Item was Pulled. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. This Agenda Item was not discussed. INFORMATIONAL 101. Public Works Department - Stormwater Division Advising The City Commission On A Plaque Recently Presented To The City By FEMA (Federal Emergency Management Agency) Recognizing The City's Successful Participation In The National Flood Insurance Program's Community Rating System. No discussion. INFORMATIONAL 102. Parks And Recreation Department Would Like To Inform The City Commission About The Central Winds Park Practice Fields Policy. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES C[TY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 3 OF 25 INFORMATIONAL 103. Office Of The City Manager And Finance Department Wish To Inform The City Commission Of The Receipt Of The Certificate Of Achievement For Excellence In Financial Reporting For The Comprehensive Annual Financial Report (CAFR) For The Fiscal Year Ended September 30, 2007 For The Eighth Consecutive Year. This Agenda Item was not discussed. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER ICREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Public Works Department Requesting Authorization To Enter Into A Joint Participation Agreement With The Florida Department Of Transportation To Install Turn Lanes Along State Road 419 At Wade Street And Sherry Avenue With An FDOT (Florida Department Of Transportation) Contribution Of $368,000.00. No discussion. CONSENT 201. Office Of The City Manager And Office Of The City Attorney Request The City Commission Consider Resolution 2008-51 Memorializing The Direction Given By The City Commission On October 20, 2008 Regarding The Investment Of The City's Surplus Funds. As stated earlier in the Meeting, this Agenda Item was moved to the Regular Agenda. CITY OF WMTER SPRMGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 27, 2008 PAGE 4 OF 25 CONSENT 202. Not Used. CONSENT 203. Police Department Requesting Commission Approval For A Supplemental Appropriation From The General Fund Reserve Funds To Purchase A 2009 Ford Explorer 4x4 Vehicle. This Is A Replacement Vehicle For A 2003 Chevrolet Impala That Was A Total Loss Due To Damage Responding During A Tropical Storm. This Agenda Item was not discussed. CONSENT 204. Information Services Department Requests Commission Authorization To Pay The Accela Annual Maintenance And Support Contract In The Amount Of $41,689.86. There was no discussion on this Agenda Item. CONSENT 205. Office Of The City Clerk Approval Of The October 13, 2008 City Commission Regular Meeting Minutes. No discussion. CONSENT 206. Office Of The City Clerk Approval Of The October 20, 2008 City Commission Special Meeting Minutes. This Agenda Item was not discussed. Mayor Bush asked for aMotion - "Consent then, with the exception of `201' which is now on the Regular Agenda?" "MOTION TO APPROVE" [CONSENT AGENDA WITH THE EXCEPTION OF CONSENT `201'J. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER ItREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMM1SSlON REGULAR MEETMG -OCTOBER 27, 2008 PAGE 5 OF 25 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Presentation From Seminole County Mr. Edward Horvath, Program Manager, Seminole County Public Works Department Wishes To Address The Mayor And City Commission About The Status Of Mosquito Control In Seminole County. Mr. Edward S. Horvath, Mosquito Control Program Manager, Seminole County Mosquito Control, Public Works Department, 177 Bush Loop, Sanford, Florida: addressed the City Commission on Seminole County's Mosquito Control Program. Much discussion. Mr. Horvath noted, "If you -have got any questions, please call. If any of your residents if they have questions, if they have concerns, you could email us, call us, fax us - anytime they could call up and we would welcome their calls." Mayor Bush asked Mr. Horvath, "If a citizen calls you, do you respond to that person?" Mr. Horvath replied, "Yes." With further discussion, Mr. Horvath explained, "If you guys get the calls, or if I get the calls, they are coming back to you because we're reporting all the information. If it's a call from you or a call straight to us, we're reporting the information in our database and sending out an inspector to go look." Discussion. Mayor Bush suggested that something be added to our Website to direct citizens to contact Seminole County on mosquito problems. COMMISSION AGENDA ITEM 200 October 27, 2008 Meeting CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR MGR '2./IbEPT ~/" / ,~ -~ Authorization REQUEST: Public Works Department requesting authorization to enter into a Joint Participation Agreement with the Florida Department of Transportation to install turn lanes along State Road 419 at Wade Street and Sherry Avenue with an FDOT contribution of $368,000. PURPOSE: The purpose of this agenda item is to request authorization to enter into a Joint Participation Agreement with the Florida Department of Transportation to install turn lanes along State Road 419 at Wade Street and Sherry Avenue with an FDOT contribution of $368,000. CONSIDERATIONS: • The Joint Participation Agreement (JPA) between the City and FDOT provides FDOT funding in the amount of $368,000 for construction of the following improvements: o Addition of an eastbound and westbound left-turn deceleration lanes from S.R. 419 onto Wade Street o Addition of a right-turn deceleration lane on S.R. 419 eastbound onto Sherry Avenue The FDOT-funded improvements listed above are planned to be combined with the following City-funded improvements into one construction project: o Wade Street reconstruction from S.R. 419 to Old Sanford-Oviedo Road o Addition of a right-turn deceleration lane on S.R. 419 westbound onto Wade Street 102708_COMM_Conscnt_200_FDOTDPA SR419 Turn Lanes October 27, 2008 Agenda Item #200 Page 2 of 2 • The FDOT-funded improvements were recommended by FDOT District 5 Traffic Operations Staff as safety improvements based on recent traffic studies performed by FDOT. • The City-funded improvements are part of the City's three-year master pavement plan. The City's construction portion of the project is estimated to cost $250,000. • At the June 9, 2008 City Commission meeting, the Commission authorized entering into an agreement with Pegasus Engineering, Inc. to provide professional engineering services for both the City and FDOT-funded portions of the project. The design is approximately 50% complete at this time and is scheduled to be complete by January 2009. Construction is scheduled for completion by July 2009. Under the terms of the Joint Partnership Agreement, the project must be completed within one year from the date of execution of the Agreement. • Under the terms of the Joint Partnership Agreement, the City retains the option of not proceeding with the project and the Agreement will expire after one year unless an extension is granted by FDOT. FUNDING: No funding is requested at this time. After design completion and FDOT approval, the project will be bid and the authorization to enter into a construction contract will be presented to the City Commission for approval. RECOMMENDATION: Staff recommends that authorization be granted to enter into a Joint Participation Agreement with the Florida Department of Transportation to install turn lanes along State Road 419 at Wade Street and Sherry Avenue with an FDOT contribution of $368,000. ATTACHMENTS: 1. Exhibit A -Wade Street / S.R. 419 Improvements Map 2. Exhibit B -Joint Partnership Agreement COMMISSION ACTION: 102708 COMM Consent 200 FDOT 1PA SR419 Tum Lanes FM#424797-1-58-01 Original Draft: 9/25/2008 Page 15 of 19 Revised: 10/08/2008 Exhibit "C" TERMS & CONDITIONS OF CONSTRUCTION 1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein, to enter DEPARTMENT right-of--way to perform all activities necessary for the construction of the PROJECT (as described more fully in Exhibit "A"). The PROJECT shall be constructed in accordance with construction plans and specifications to be approved by the DEPARTMENT and consistent with the requirements of the DEPARTMENT. The plans shall include an appropriate plan for maintenance of traffic. Should any significant (as defined by §4-3 of Standard Specifications for Road and Bridge Construction, 2007, and as amended from time to time) changes to the plans be required during construction of the PROJECT, the LOCAL GOVERNMENT shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The DEPARTMENT reserves the right to adjust the plans to meet the requirements of permits. The LOCAL GOVERNMENT shall be responsible to maintain the area of the PROJECT at all times during construction of the PROJECT. All payment and performance bonds shall name the DEPARTMENT as an additional oblige. All warranties on any product or material used in construction of said PROJECT shall be in favor of the DEPARTMENT. 2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all existing utilities, both aerial and underground and that all utility locations shall be represented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall assure that utility work schedules are obtained for the project. 3. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National Pollutant Discharge Elimination System Permit and all other necessary permits for construction of the PROJECT. When applicable, such permits will be processed in the name of the DEPARTMENT; however, in such event, the LOCAL GOVERNMENT will comply with all terms and conditions of such permit in construction of the subject facilities. 4. This Agreement shall act to supersede the normal requirements of separate DEPARTMENT permits for drive-way connection, right-of--way utilization, storm-water discharge and utilities and this Agreement is deemed to constitute such permits. 5. It is expressly agreed by the parties that this Agreement creates a permissive use only and that neither the granting of the permission herein to use DEPARTMENT and/or LOCAL GOVERNMENT right-of--way nor the placing of facilities upon DEPARTMENT and/or LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL GOVERNMENT except as otherwise provided in separate agreements. FM#424797-1-58-01 Original Draft: 9/25/2008 Page 16 of 19 Revised: 10/08/2008 6. The DEPARTMENT shall appoint and authorize a single individual to serve as the DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT shall provide a current construction schedule to the DEARTMENT' S representative and shall notify the representative at least 48 hours in advance of starting proposed work and again immediately upon completion of work. 7. The LOCAL GOVERNMENT shall utilize only a DEPARTMENT prequalified prime contractor for the PROJECT. 8. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified CEI firm to perform Verification Testing in accordance with the 2007 Standard Specifications for Road and Bridge Construction, and as amended from time to time. The DEPARTMENT shall have the right, but not the obligation, to perform independent testing from time to time during the course of construction of the PROJECT. 9. The LOCAL GOVERNMENT shall not modify the intent of the design plans or the maintenance of traffic concept without appropriate submission by the Engineer of Record (the "Engineer") and approval by the DEPARTMENT. Provided, however, in the event of an emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and notify the DEPARTMENT and the LOCAL GOVERNMENT after the modifications. 10. The DEPARTMENT may request and shall be granted a conference with the LOCAL GOVERNMENT and at the LOCAL GOVERNMENT'S option, the LOCAL GOVERNMENT'S CEI firm, to discuss any part of the PROJECT activities that the DEPARTMENT determines to be inconsistent with the approved design plans and specifications. The LOCAL GOVERNMENT will monitor the corrective action and provide the DEPARTMENT status reports at such intervals as are reasonable, based on the corrective action undertaken, and the DEPARTMENT may, but is not obligated to, review independently the progress of the corrective action. Provided however, if the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, issue an immediate stop work order. 11. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the maintenance of traffic and construction operation during the course of the PROJECT so that the safe and efficient movement of the traveling public is maintained. The LOCAL GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety devices that are necessary in order to safely conduct the public through the PROJECT area in accordance with the latest and current version of the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, and the DEPARTMENT'S 2007 Standard Specifications for Road and Bridge construction and the DEPARTMENT'S 2008 Roadway and Traffic Design Standards, and as those sources may be amended from time to time. The LOCAL GOVERNMENT may assign the responsibility of this paragraph to the Contractor or its' CEI for the construction of the PROJECT. 12. Prior to the PROJECT bidding, the LOCAL GOVERNMENT shall provide a project schedule that includes, at a minimum, the date the PROJECT will be advertised for bid, the bid opening date, the award date and the date of the preconstruction conference. FM#424797-1-58-01 Original Draft: 9/25/2008 Page 17 of 19 Revised: 10/08/2008 13. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the DEPARTMENT'S right, title and interest in the land to be entered upon and used by the LOCAL GOVERNMENT. Any additional right or privilege required to undertake and to complete construction of the PROJECT shall be secured by the LOCAL GOVERNMENT. 14. Upon completion of the work in accordance with the Plans, the LOCAL GOVERNMENT shall furnish a set of "as-built" plans certified by the Engineer of Record/CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accordance with the terms of this Agreement. This certification shall include a statement that necessary inspections, tests, and physical measurements have been made, and that all materials entering into the work conform to the Plans, conform to the applicable specifications contained in the Standard Specifications for Road and Bridge Construction, 2007 edition as amended, or otherwise conform to or meet generally accepted professional practices. Additionally, the LOCAL GOVERNMENT shall assure that all post construction survey monumentation required by Florida Statutes is completed and evidence of such is provided to the DEPARTMENT in a manner acceptable to the DEPARTMENT. Upon acceptance of right-of- way documents as specified in Paragraph 12, then the PROJECT shall be deemed accepted by and turned over to the DEPARTMENT. 15. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or anyone within the DEPARTMENT right of way, the LOCAL GOVERNMENT shall immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate with the appropriate agencies and notify the LOCAL GOVERNMENT of any required action related thereto. 16. It is acknowledged by the parties that construction plans and specifications are still being prepared by the LOCAL GOVERNMENT as of the date of this Agreement. Construction of the PROJECT will not commence until the DEPARTMENT has approved the construction plans and specifications as provided for in Paragraph 1 and all required right-of--way has been property obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager. 17. If applicable, the LOCAL GOVERNMENT shall assure that load ratings are submitted on any vehicular bridge prior to the final submission of the structure plans for DEPARTMENT review. Structures shall not be opened to traffic until a signed and sealed final bridge load rating that meets the Florida legal loads standard is complete. FM#424797-1-58-01 Original Draft: 9/25/2008 Page 18 of 19 Revised: 10/08/2008 EXHIBIT "D" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the CITY OF WINTER SPRINGS PROJECT DESCRIPTION: Install Turn Lanes at Sherry Avenue and Wade Street along SR 419 FINANCIAL MANAGEMENT ID# 424797-1-58-01 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 CITY OF WINTER SPRINGS 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 RecordlCEI. By: , P.E. SEAL: Name: Date: FM#424797-1-58-01 Page 19 of 19 EXHIBIT - 1 Original Draft: 9/25/2008 Revised: 10/08/2008 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 applicabl c nce q n s fo s: 1. r a li ble c i ce eq t e.g., what services/purposes resources must be 0 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Pro ragm (list Federal agency. Catalog`ofFederal 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: