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Backup Documents 10/28/2014 Item #16A20
ORIGINAL DOCUMENTS CHECKLIST & ROUTING St 6 A 2 l TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i kci THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. uty-eounty- County Attorney ?-/PI to l I l %147 y Nrir, Pm-Lea-tat-Mt 2. 3. 4. Board of County Commissioners � ` LcVAA_ 5. Minutes and Records Clerk of Court's Office m �� �� 3 �pM Ca I'Y1avIc i 2 r nfscam,if questions 1710(. pto f Trartsporizttr0 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Marlene Messam, Sr.Project Manager Phone Number 252-5773 Contact Agenda Date Item was October 28,2014 V Agenda Item Number 16.A.20 Approved by the BCC Type of Document Local Area Program(LAP)Agreement Number of Original Attached MI6 apitAtibrl,auethorizim Documents Attached :stamp)3a-i q 1(IOaS 4 ki-VZIO •L) 1W152 INSTRUCTIONS & CHECKLIST 3 0 Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not :�T eS' appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be M.M. signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's M.M. Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's M.M. signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip N.A. should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on 10/28/2014 and all changes made duri i. the meeting have been incorporated in the attached document.The County Attorne Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 16A2C MessamMarlene From: Brinson, Lisa R [Lisa.Brinson@dot.state.fl.us] Sent: Tuesday, September 30, 2014 5:05 PM To: MessamMarlene Cc: TeachScott; Reed, Charles R.; Wakley, Carol; Bizerra, Marlon Subject: RE: Project- Golden Gate Estate Bridges#431895-1 - Design Scope Revision Attachments: #431895-1 Golden Gate Bridges revised LAP Agreement 09302014.pdf Follow Up Flag: Follow up Flag Status: Completed Hello Marlene, Please see the revised agreement attached. Please return three (3) signed originals along with an original certified resolution rendering an original seal and original signature by the clerk authorizing Collier BoCC Chairman or designee to enter into and execute the LAP Agreements and other documents pertaining to this Agreement. If you have any questions, please feel free to contact me. Thanks and have a "fabulous" Tuesday! Asa fitinson Lisa R. Brinson, District Local Program Administrator Program Management Office*District One*MS 1-48 801 North Broadway Avenue*Bartow, Florida 33830 Office#: (863)519-2836 lisa.brinson@dot.state.fl.us LAP Website Did my service meet your expectations? Please contact my supervisor, Carol Wakley at carol.wakley@dot.state.fl.us with feedback Please consider the environment before printing this e-mail. From: MessamMarlene [mailto:MarleneMessam@colliergov.net] Sent:Tuesday, September 30, 2014 11:04 AM To: Brinson, Lisa R Cc:TeachScott; Reed, Charles R.; Wakley, Carol Subject: RE: Project-Golden Gate Estate Bridges#431895-1 - Design Scope Revision Lisa, 1 16Aa When do you think I will have the agreement back? The deadline for adding items to the October 28th 2014 BCC agenda is this Thursday. From: Brinson, Lisa R [mailto:Lisa.Brinson©dot.state.fl.us] Sent: Wednesday, September 24, 2014 2:16 PM To: MessamMarlene Cc: TeachScott; Reed, Charles R.; Wakley, Carol Subject: RE: Project- Golden Gate Estate Bridges #431895-1 - Design Scope Revision Ok...l'll change the date before re-submitting the agreement to you From: MessamMarlene [mailto:MarleneMessam@colliergov.net] Sent: Wednesday, September 24, 2014 2:06 PM To: Brinson, Lisa R Cc:TeachScott; Reed, Charles R.; Wakley, Carol Subject: RE: Project- Golden Gate Estate Bridges#431895-1 - Design Scope Revision 1. I agree; it is the numeric address number and it should be 3299. The zip code should remain 34112-4961. 2. The only reason I can see that will impact this date would be the completion of the PD&E. If we keep to the schedule, I do not see a problem with this date. What I would change is the "5/20/2014" date on Exhibit A (top middle of the page). Perhaps it should be 5/30/2015? From: Brinson, Lisa R [mailto:Lisa.Brinson@dot.state.fl.us] Sent: Wednesday, September 24, 2014 1:41 PM To: MessamMarlene Cc: TeachScott; Reed, Charles R.; Wakley, Carol Subject: RE: Project- Golden Gate Estate Bridges #431895-1 - Design Scope Revision Hello Marlene, The correction noted on page one is not the zip code; it's the numeric portion of the address.The number listed as the zip code is: 34112-4961. Should this information change? Make sure your construction commence by date is good, see Exhibit "A". It's my understanding Collier Clerk of Court is requesting revisions to this page if construction has not commenced by the noted date.This action will cause Exhibit"A" 2 16A .. to be re-presented to the BoCC for review and approval. I don't quite understand this but it's not my call...just a heads up..... All other revisions have been noted and forwarded to the Department's Environmental Office for review and approval. I will make every effort to get the agreement back to you by Monday. However, due to your submittal being such a short notice this task may be impossible as all key players may not be available to review and approve the revised agreement. Thanks and have a "fabulous" Wednesday! A.Sa (Attyoa Lisa R. Brinson, District Local Program Administrator Program Management Office*District One*MS 1-48 801 North Broadway Avenue*Bartow, Florida 33830 Office#: (863)519-2836 lisa.brinson@dot.state.fl.us LAP Website Did my service meet your expectations? Please contact my supervisor, Carol Wakley at carol.wakley(a�dot.state.fl.us with feedback Please consider the environment before printing this e-mail. From: MessamMarlene [mailto:MarleneMessam@colliergov.net] Sent: Wednesday, September 24, 2014 10:53 AM To: Brinson, Lisa R Cc:TeachScott Subject: RE: Project-Golden Gate Estate Bridges#431895-1 - Design Scope Revision Importance: High Lisa and Scott, Per the various scope revisions and meeting held with FDOT on 9/10/2014; the revisions to the LAP Agreement should be as follows (attached Agreement sections have been highlighted): The Agreement is scheduled to be on the October 14, 2014 agenda for approval. Therefore, I need the corrected agreement back for County Attorney's review no later than Monday, September 29, 2014. Scott, I will be working on the revised Executive Summary and provide as soon as the revised agreement is returned. Page Number Issue Correction 1 County zip code: 3301 3299 3 in document 16 A 2 0 1 1.00 Purpose of Remove; "and landscape". No landscaping is Agreement:"Design, contemplated in the design scope of services. construction and CEI of three new bridges and landscape" 1 1.01 Attachments:..." Remove: "L (Landscape Maintenance agreement)" for L (Landscape reasons cited above. Maintenance Agreement)" 15 Exhibit A - Project Replace the project description as follows: "A PD&E Description: "During Study will be performed by FDOT. At the conclusion design, the of the study the FDOT will prepare a consultant..... recommendation to the Federal Highway Administration (FHWA) for the type of environmental documentation that is needed for the project. After Location Design Concept Acceptance (LDCA) has been granted by FHWA, FDOT will provide the final documents to the County. The principal intent of this project is to construct three (3) new connections within the Golden Gate Estates at locations identified in the attached location map, at 8th Street NE over the Cypress Canal, 16th Street NE and 47th Avenue NE over the Golden Gate Canal. The existing capacity (2 lanes) shall remain for the new bridges. The approved PD&E will be used as the basis for design". 17 Exhibit B - Project Remove: "and Landscape" Description: "Bridges and Landscape" 18-19 Exhibit L - Landscape Remove entire Exhibit L Maintenance Agreement (LMA) 21 Project Location Map Insert: "East Golden Gate Bridges - Location Map" - attached. 4 16A20 0 From: Brinson, Lisa R [mailto:Lisa.Brinson(adot.state.fl.us] Sent: Monday, September 22, 2014 3:06 PM To: MessamMarlene Cc: Reed, Charles R.; Bizerra, Marlon; Hartmann, William; Scott McCall Subject: RE: Project- Golden Gate Estate Bridges #431895-1 - Design Scope Revision Good Afternoon, The Department has reviewed the revised scope of services. See the comments on page 5. Please send the necessary revisions for the LAP agreement to my attention. If you have any questions, please feel free to contact me Thanks and have a "fabulous"Tuesday! Asa cfrrinson Lisa R. Brinson, District Local Program Administrator Program Management Office*District One*MS 1-48 801 North Broadway Avenue*Bartow, Florida 33830 Office#: (863)519-2836 lisa.brinson@dot.state.fl.us LAP Website Did my service meet your expectations? Please contact my supervisor, Carol Wakley at carol.waklev(adot.state.fl.us with feedback Please consider the environment before printing this e-mail. From: MessamMarlene [mailto:MarleneMessam@colliergov.net] Sent:Thursday, September 11, 2014 1:25 PM To: Brinson, Lisa R Subject: Project-Golden Gate Estate Bridges#431895-1 - Design Scope Revision Liso, The attached scope of services has been revised based on comments received in the ERC and the discussions at yesterday's coordination meeting. Some of the changes have been highlighted to assist the FbOT in reviewing the document. Please let me know if any further changes are needed. I will provide a revised project description for the LAP agreement based on the acceptance of the scope. 5 Marlene A. Messam, P.E., Senior Project Manager 1 6 A 2 0 Growth Management Division Transportation Engineering Department Roadway,Bridge&Stormwater Section Ph: 239.252.8192 Direct: 239.252.5773 Fax: 239.252.5885 MarleneMessam@Colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 6 1 6 A 2 0 County of Collier CLERK OF THECIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAM1 TRI E STE 102 , P.O. BOX 413044 Accountant NAPLES,FLORIDA NAPLES,FLORIDA Auditor 34112-5324 jkt 34101.3044 Custodian of County Funds November 3, 2014 Florida Department of Transportation Lisa R. Brinson, LAP Coordinator Program Management Office District One MS 1-48 801 North Broadway Avenue Bartow, Florida 33830 Re: Resolution 2014-223: Authorizing execution of a revised (LAP) Agreement with Florida Department of Transportation (FOOT) for new bridges at 8th Street NE, 16th Street NE and 47th Avenue NE in Golden Gate Estates (Project 33340) to amend project descriptions and responsibilities Ms. Brinson, Attached for further processing are three (3) original copies of the agreement and two (2) original and one (1) certified copy of the accompanying Resolution referenced above, adopted by the Collier County Board of County Commissioners on October 28. 2014, After the agreement(s) are signed by the appropriate parties, please return one of the original executed agreements to the Collier County Minutes and Records Department, that serves as Clerk to the Board, for the Board's Official Record. Upon our receipt of an executed agreement I will furnish a copy to Collier County's Transportation Engineering Department. If your office requires further infbrmation, please contact me at 239-252-8406. Thank you, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachments (3) Phone- (239) 252-2646 Fax- (239) 252-2755 Website- ,Co crk.coti Email- t HerClerk oAierJerk.carn 1 6 A 2 0 RESOLUTION NO. 2014- 2 2 3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO RECEIVE REIMBURSEMENT IN THE AMOUNT OF $9,549,116 FOR DESIGN, CEI AND CONSTRUCTION SERVICES TO ADD NEW BRIDGES IN GOLDEN GATE ESTATES AT 8TH STREET NE, 16TH STREET NE, AND 47TH AVENUE NE. WHEREAS, at the October 28, 2014 meeting of the Collier County Board of County Commissioners the Board approved entering into a Local Agency Program Agreement (the "Agreement" — FPN: 431895-1-38-01 / 431895-1-58-01/ 431895-1-68-01) with FDOT whereby FDOT agrees to reimburse Collier County the sum of $9,549,116 for design, CEI and construction services to add new bridges in the Golden Gate Estate at 8th Street NE, 16th Street NE, and 47th Avenue NE; and WHEREAS, FDOT and Collier County are entering into the Agreement that provides the funding mechanism for the payment of Design services for Fiscal Year 2014/15 and Construction and CEI services in FDOT Fiscal year 2016/17; and WHEREAS, the execution of the Agreement is in the best interest of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: 1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Local Agency Program Agreement. 2. The Collier County Clerk will forward two certified copies of this Resolution to FDOT along with three copies of the LAP Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 28th of October 2014. 1 0 1 6 A 2 0 ATTEST: - BOARD OF COUNTY COMMISSIONERS Dwight,E. Brock, Clerk COLLIER COUN /, FLORIDA By: ll k 1 � By: t �C Tom Henning, Cha' ''an gst as#® aerirman s �' sigriature only. • 'proved as to form and legality: • ssistant St my At srney Item# )(PAID Agenda u_I Date Rec'd 1O 2 0 16A20 D PAR1M_Nr;Sr TR'ANssP<RT.ATICN 525-D10-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OGO—04/14 Page FPN: 431.895-1-38801 Fund:ACSU;SA FLAIR Approp: Federal No; 8886 577 A Org Code: 55013030152 FLAIR Obj: 790089 FPN: 431895-1-58-01 Fund: SAISU FLAIR Approp: Federal No: 8886 578 A Org Code: 55014010106 _.. FLAIR Obj: 790092 FPN: 431895-1-68-01 Fund: SU FLAIR Approp: 790099 Federal No: Org ;ode: FLAIR Ob;: FPN: Fund: FLAIR Approp: Federal No: Org Code. FLAIR Obj: County No:03 Contract No: AR K23 Vendor No: F596000558004 Data Universal Number System (DUNS)No: 80-939-7102 Local Agency DUNS No: Catalog of Federal Domestic Assistance(CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into thisc� >a`f1day of OC :� ' , cx10Iti by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and Board of County Commissioners - Collier County_ Florida: 3299 Tamiami Trail East, Naples. Florda 34112-4961 hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12. Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in design, construction and CEI of three new bridges and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the 'Project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 1.01 Attachments: Exhibit(s)A(Project Description and Responsibilityt B (Schedule of Funding}, (SirrgieAudit Act) are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's '....ocai Agency Procram Manual, which by this reference is made a part hereof as if fully set forth heren. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is compiete., accurate, and consistent with the terms, conditions, and specifications cf this Agreement shall be in charge of the Project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP)for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly(or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State 1 6A 2 0 s,ATE o",`oRIDADEPARTMENT or`RAwn°zRTano" 525,010-40 LOCAL AGENCY PROGRAM AGREEMENT -~~~ ~ RPORT ��-(W�� appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the ce- certification of the Agency for future LAP Projects. Removal of AU Funds If at funds are removed from the Pnojec1, including amounts previously billed to the Department and reimbursed to the Aganoy, and the Project is off the state highway systemthen the department will have to request repayment for the previously billed amounts from the Agency. No stale funcs can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before 12/31/2020. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement will not he reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, epprovo|, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project hereunder or to obaeme, assume or carry out any of the provisions of the Agreement, the Agency will initiate and uonnummote, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings 000easory, including federal-aid requirementsto enable the Agency to provide the necessary funds for completion of the Project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reportu, records, contracts, and other documents relating to the Project as the Department and the Federal Highway Adminstration (FHWA)may require. The Agency shalt use the Departments Local Agency Program Information Tool and applicable information systems as required. 3.00 Project Cost: 3.01 Total Cost: The total cost of the Project is S 8.549,110. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate in the Project cost to the extent provided in ExhibiL ''8.^ This amount includes federal-aid funds which are limited to the actual amount of federai-aid participation. 3.03 Umits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed: b) Availability of funds as stated in paragraphs 3.04 and 3.05 of ths Agreement; c) Approval of all plane, openifima)one, contracts or other obligating documents and all other terms of this Agreement: and d) Department approval of the Project scope and budget at the time appropriation authority becomes avaitabe. 3,04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. if the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit ^B^ for funding levels by fiscal year. Project costs utilizing tneoa fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 6 A a 0 STATE meoRiC^DEPARTMENT npTR°NSROxmrON 525-01S-,W LOCAL AGENCY PROGRAM AG RE EM ENT pROaUCnowSU"mnn ,p=: 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25.000 and has a term for a period of more than one year, the provisions oySection 3J9.135(M)(m). Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any |!abUity, 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. Tie 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 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscai yoera, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount inexcess of$25.OD0 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed (NTP)from u\ice-10-Pmceed (NTP)fron the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost wninh is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 Cf.R., and policies and procedures prescribed by the Division Administrator nfFH\NA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements ex|o,a. Federal funds may be withheld until compliance is obtained. Where non-compliance is rot correctable, FHWA or the Department may deny participation in parcel or Project costs in part or ir total. For any arncunts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule o( funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of hynding, carry out the Pnojent, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by mutual written agreement between the Department arid the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. Mn increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon requestRecords of costs incurred include the Agency's general accounting records and the Project mconds, together with supporting documents and records of the Agency and all subcontractors performing work on the Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all |iUgmtion, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required opprnve\ of the Department shall not be considered l 6 A Y STATE OF FLORIDA DEPARTVENT OF TRANSPORTATION 525,010-4C LOCAL AGENCY PROGRAM AGREEMENT PROPL..:cT:ON.>UPPoRT CSC- Page 04'14 5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Agency or others, shah be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits' below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Departments Office of Inspector General (OIG), and the 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. Exhibit '1" of this Agreement indicates federal resources awarded through the Department by this Agreement. in determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions 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 non-state entity as defined by Section 215.97(2) (I), 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 of such recipient, 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 Executive Office of the Governor and the CFO, and Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 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 non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 1 6A 2 0 STATE OF FLORIDA DARTK4E OP TRANSPORTATION 525-01'4E LOCAL AGENCY PROGRAM AGREEMENT 'FZO»UCrm*«v,POn oov w*^ ~ag°ff: 2. In connection with the audit requirements addressed in Part }|. 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 10550 (local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. 8. 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 215.87, Florida 3tatu{es, is not required. Hnwever, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97. Florida Gtatu1oo, the cost of the audit must be paid from the non-state entity's resources (i.e„ the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA)title and number. award number and year, and name of the state agency awarding it. Part |U - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findiogu, 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 Smmiuoo, 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 K/- Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with 0MB Circular A-133, as revised, and required by Part I of this Agreement shall be nubmitted, when required by Section .320 (d). OMB Circular A- 133. as evisod, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street TaUshmnaee, Florida 32399-0405 Email: 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 novised>, at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, |N47132 c) Other federal agencies and pass-through entities in accordance with Sections 320 (e) and (f), DMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part | of this Agreement and conducted in accordance with OMB Circular A-133, as nsviaod, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A,133, as reviaed, 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: Florida Department of Transportation Office o Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 STATE CF FLORIDA DEPARTMENT O'T RANSPOR`,A'tiC)N 525-0 0.4o LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT CGC-asn Page E Email: FDOTSinoleAudit dot,state.`i.us In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial 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 Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSinaleAuC_i;n.'tat;_stte;flus 3. Copies of the financial reporting package required by Part II of this Agreement shah be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAuditea),dot.state fi.us 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 address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email, FDO_S nsleAudit@jJat,state.fl_.us 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, 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, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. e 1 6 A 2 0 ORIDAnEPARN.'7 r=^NSoCn,AmON �5•0';:m LOCAL AGENCY PROGRAM AGREEMENT pRoDuc7,0Ns,ippoRT m=, 5.V5 Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives and authorized agents of FHWA to inspect au work, workmanah|p, materio|a, puyro||u, and records and to audit the books, records, and accounts pertaining to the financing and development of the Project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, uub' oontrector or materials vendor to allow public access to all dnoumanto. Vaperm, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement(Section 287,058(1) (c), Florida Statutes)unless the records are exempt. 5.00 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real properly acquisition and relocation assistance activities on the project. Activities shall he reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Departmert no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submittec in detail sufficient for a proper pre-audf and post-audit thereof(Section 287.058(1)(a}. Florida Statutes), All recipients of funds from this Agreement, including those contracted by the Agenoy, must submit bills for any travel oxuenooa, when authorized by the terms of this Aq/enmem, in accordance with Section 112081. Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations K4alual, Topic 350-030400 (Section 287.058(1)(b), Florida Statutes), If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuart to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project and payment of the eligible costs. Howover, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its app|ivatioo, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affecthe Projectthe Agreement or payments to the Project: 7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this Agremmeni requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 1207. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit"B" for the Pnoject, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project 6 A 2 Li STATE u,aoRID^DEPARTMENT upTRANSPvmwtO° 526-010.40 LOCAL AGENCY PROGRAM AGREEMENT pRODxCTIO*SU~On parjeo commencement and final invoice time |ines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting inxuoh suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty(30)days of sucn notice, Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. if the deficiency is not corrected within such time period,the Department may either(1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or(2)take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreementthe Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency, (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in vvh\ing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final terniinat'on or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or auopand, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costsThe termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure ef the Agency to furnish the schedule, plan, and estimate within a reasonable time, The closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments {horetn, with any third party with respect to the Project without the written aporoval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department, The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or dsapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agnnuy, where said project involves a consultant contract for ongineoring, architecture or surveyng services, is contingent on the Agency's complying in full with provisions of Section 287 855, Florida Statuteo, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. -_` Y'``' 6A 0 2 STATE OF FLORIDA DEPARTMENT mTRANSPORTATION 525/.),c40 LOCAL AGENCY PROGRAM AGREEMENT "ROmmm*SUpPO» ooc••04,14 Paget 9 10.00 Disadvantaged Business Enterprise(DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as emended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and stale aws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US-DOT operating administration(or a primary recipient) must include the folowing assurance: "The recipient shall not discriminate on the basis of race, co\nr, national origin, or sex in the award and performance of any DOT-assisted contracor in the administration of its DEE program or the requirements of 49 CIR. Part 28. The recipient shall take all necessary and reasonable steps under 49 C.F.R, Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The.recipient's DBE pngram, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate maees, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U3.C. 38O1etmaqJ,^ (b) Each contract signed with a contractor(and each subcontract the prime contractor signs with a subcontractor)must include the following assurance: "The cnntraotox, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this uontraot, which may result in the termination of this contract or such other remedy as the recipient deems appropriate," 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable hadere|, ohahe, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —LowerTierCu*ered Transactions," in 49 C.F.R. Part 29, when applicable. 11.01 Performance Evaluation: Agencies are evaluated on a project-by-project basis. The evaluations provide information about oversighneeds and provide input for the recertification pr000nm. Evaluations are submitted to the Agency's Responsible Charge or dewignee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. 11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regu|aUons, standards and prooeduneo, required excessive District involvementioversight. or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency ceveloped the Project in accordance with applicable federal and state roAu|adono, standards and procedures, with minimal District invo|vemenbover*ightA rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvement/oversight. 11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: �/�, 1 6A 2 0 STATE OFnoR/D°DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 0(3C-,:.)4114 Paco in 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, eJkgion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, reUg|on, co|or, gender, national nngin, disability or marital status. Such action shall indude, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation; and selection for training, inn|udinQ apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials, When the project involves |nmxaUat/on, conntmc\inn, demolitmn, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for projectwork, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Acof 1964. the regulations of the U.S. Department of Transportation issued 1horeunder, and the assurance by the Agency pursuant thereto. The Agenoy shall include provisions in all contracts with third parties that ensure compliance with Title V| of the Civil Rights Acnf1Q84. 48CF.R, Part 21' and related statutes and regulations, 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction bra 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 uonkaccx, oupp|imr, 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. Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida 3tatvtes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Seminaa, may not submit a bid on a contract to provide 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 contraotor, oupp|iar, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suopandod, nevoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any wzntroc1, subcontract or armn ent in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. if any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately discloSed to the Agency, the Agency, with prior approval of the Departmen{, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to he included in any Project, and shall require its contractors to insert in each of their suhcontracts, the following provision. "Na /nember, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or tne proceedsthoroo[" � ^' . 16AL sTATE aORDA DEPARTwEN7 0.7 RANSPoTATm f;25.010-4) LOCAL AGENCY PROGRAM AGREEMENT ,ROnUCn °m.PPcvr cac-m,.4 Page`. The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13,00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these neQu!ahons, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department,while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected, In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law, 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13,06 State Law: Nothing in the Agreement shall require the Agency to obsere or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 18.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the ProjectFailure to obtain thia written approval shall be nuffioleot cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. 10.08 Right-of-Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders 16AL s�°rso,FLORIDA DEPARTMENT o~ry^w,poeTAT,O* ,poo��m°,asm~w LOCAL AGENCY PROGRAM AGREEMENT o~���R, p"gt ,, 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two oountorpano, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. 13,12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, conhnuehon, nenevm|, amendment or modification of any federal contract, grant, loan or cooperative agreement If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (inducing mubvontrocts, nubgrantu, and contracts under grants, |oana, and cooperative agreements) and that all subrecipients shall certify and disclose a000vding|y, State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency 0 will E will not maintain the improvements made for their useful life. 13,14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time framesUpon receipt. the Department has 30 workng days to inspect and approve the goods and services unless the bid speuificuUone, purchase order or contract specifies otherwiseThe Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inepeoted, and approved If a payment is not available within 40 days after receipt of the invoice and the receipt, |napechon, and approval of goods and aervicea, a separate interest penalty in accordance with Section 215422(3) (b), Florida Stehutey, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Serv|oeo. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. /' ( a`X 16A ,eL STATE OF FLORIDA DEPARTMENT OF,e^N$POnTATo LOCAL AGENCY PROGRAM AGREEMENT PRoOUC,Tm*'UPpORr ^o"`^ 12.1GE-VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Depatment of Homeland Security's E'Verifyuya(em to verify(he employment eligthihty of all new employees hired by the subcontractor during the contract term 1 6A 2 u . �1 E�t-LCw����4447 OF TRANSPoki,"ION ��ww LOCAL AGENCY PROGRAM AGREEMENT f' oDUcTIO»SUpPO« OGC-o414 Pa.c°w IN WITNESS WHEREOF. the parties have caused these presents to be executed the day and year firsabove written AGENCY T STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION \ By: Na e | Name: Title BoCC C Title: Director of Transportation Development Attest L Attest: Ti: Title: Executive Secretary gignature only; Legal Review: i4 � yet (�� -�r��� ,v�\ 4 � ~` � u ` " �l L�" u�` \` 'q • See m¢aohedEnou��brannaF�rm6jrdate of fnding approval by Comptroller, < ^ � 1 6A 2 n STATE m'FLovm^us~ARrmw-o`nRAm ,npTAnn" LOCAL AGENCY PROGRAM AGREEMENT PRO.JsCTuAN^GE.PAENTu=ICE: ^ Dap' o,' EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 4318951-38/58/68' 1 This exhibit forms an integr | partuf|heAg/oomertbebweenmeStateo(Flohda, Department of Trnsportation and Collier County, dated PROJECT LOCATION: Golden Gate Bridges — 3 locations. Specific limits will be defined and agreement amended after the appropriate NEPA document is completed and accepted by the Department and FHWA The project is is not on the National Highway System. The project DJs is not or the State Highway System. PROJECT DESCRIPTION: The principal intent of this project is to design and construct three (3) new connections within the Golden Gate Estates at the project locations as listed above. A PD&E Study will be performed by FDOTAt the conclusion of the study the FDOT will prepare a recommendation to the Federal Highway Administration (FHWA)for the type of environmental documentation that is needed for the project. After Location Design Concept Acceptance (LOCA) has been granted byFMVVA. FDOT will provide the final documents to the County. The principal intent of this project is to construct three (3) new connections within the Golden Gate Estates at locations identified in the attached location map, at 8'» Street NE over the Cypress Cana|, 16m Street NE and 471''Avenue NE over the Golden Gate Canal, The existing capacity (2 lanes) shall remain for the new bridges, The approved PD&E will be used as the basis for design. Construction will consist of three new bridges connections. The new bridge section(s) shall include 12' lanes with minimum shoulder widths and 6-foot sidewalks. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project No later than at 100% plans oubmittu|, the Agency will submit to the Department the project Bid Package to include Soeoifioahona, updated construction eodmete, draft construction contraot, completed construction checklist and the Agency's Certification Clear PackageAll items must be reviewed, approved and a Notice to Proceed must be issued by the Department prior to any construction related activities, including project advertisement, Construction related activities conducted prior to Notice to Proceed will not be reimbursed and may render the entire project ineligible for federal funding. The Certification Clear Package must include the following items completed and signed by the authorized Agency representative: 1) Rail Ciear Letter 2) Permits Clear Letter 3) Utilities Clear/Coordinated Letter ' -\ 16A20 STATE Or FLORIDA DEPARTMENT Of':RANSPORTA`lON 25-C1440 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT°FELE e.vPi:x'"7T.v"A.cage 2 .'2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design to be completed by 01%30/2016. b) Right-of-Way requirements identified and provided to the Department by 06130/2016. c) Right-of-Way to be certified by 06/30/2016. d) Construction commence by 08/30/2016. e) Construction to be completed by 12131/2020. If this schedule cannot be met, the Agency will notify the Department in writing prior to 05/3012015 with a revised schedule or the project is subject to the withdrawal of federal funding. All work to be conducted outside of the Department Right-of-Way shall adhere to 1) The 2013 Florida Greenbook standards, as amended 2) At a minimum follow the LAP Specifications All work to be conducted within the Department Right-of-Way shall adhere to the following: 1) The FDOT standard specification for road and bridge construction, 2014 edition as amended, and 2) The FOOT roadway and traffic design standard, 2014 edition as amended and design criteria from the PPM, 2014 edition as amended. For all projects the following will apply: 1) Section 287.055, F.S. "Consultants Competitive Negotiation Act,"when acquiring a consultant utilizing federal • funds 2) FDOT"Project Development and Environmental Manual" 3)The Local Agency Program Manual The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525- 010-42). This form must be completed and accepted by the Department prior to payment of the project Final Invoice. The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the construction phase, the Department will have forty-five (45) days after receipt of the Agency's final construction invoice to review, inspect and approve the construction phase for payment. All other invoices for project phases and at other progress payments shall be processed in accordance with the Department's procedures and guidelines for invoice processing.The Agency will provide progress billing invoices to the Department on a minimum of a quarterly basis. The Agency will be responsible for acquiring all required and applicable permits for the project for review and approval prior to construction. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently in 14/15 for design services and 16/17 for construction and CE1 services. 16Aü ST/rso=``oaw^DEPARTMENT o,TRANSPORTATION 52f:o.ow3 LOCAL AGENCY PROGRAM AGREEMENT ,moorrION xuRPOP, a".map"n^I*, EXHIBIT "B" SCHEDULE OF FUNDING ( AGENCY NAME& BILLING ADDRESS Board of County Commissioners—Collier County FPN: 4310951-38X58/08'01 3301 Tamrn Trail East Nepley. Fiorda34112 PROJECT DESCRIPTION Name: Bridges Length! N/A Termini: Golden Gate Bridqes—3 locations This agreement covers the design, construction and CEI phase cost. Funds for design $1.361,332 will be available in fiscal year 2014Q015; construction and CEI funds, $7.826.884; $300.800 neepectivaly, will be available in fiscal year 2016/2017, No phase work may commence without issuance of a NOTICE TO PROCEED from the Department. Availability of any funds is subject to legislative approval FUNDING (1) TOTAL (2) (3) PROJECT AGENCY STATE & TYPE OF WORK By Fiscal Year FUNDS FUNDS FEDERAL FUNDS Total PD&E Cost Design FY: 2014-2015 $1,361,332 $1.361.332 FY: 2015-2016 FY: 2018'2017 Total Design Cos $1,361,332 81.361.332 Construction FY: 2014'2015 FY: 2015'2016 FY: 2010-2017 $7J326.984 $7.828.984 Total Construction Cos $7,826,984 $7,826,984 Construction Engineering and Inspection (GEl) FY: 2014'2015 ---- — FY:� 2015-2018 FY: 2016-2017 $300800 $360,800 Total CEI Cost Total Construction and GEl Costs $8.187.784 _ $8,187'784 TOTAL COST OF THE PRJECT $9,549,116 | _ $9.549.116 The Deartments fiscal year begins on July 1. For this project,funds are not projected to be available until after the 1St of Juy of each fiscal year. The Department will notify the Agency, :n writing, when funds are available. 1 6A 2 m^YE'eFLORIDA DEPARTMENT DVnRANuPOpTATw° 525,01=3 LOCAL AGENCY PROGRAM AGREEMENT PRODUMCN SUPPORT mM6 a°y,, p"r`u, EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federl Highway Administration CFDA#: 20205 Highway Planning and Construction Amount: $9.549.116 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety aohvitiom, bicycle and pedestrian Pnojeds, transportation enhancement activities, the recreational trails pmgnann, and p|ann|ng, ramearoh, davn|npment, and technology transfer Proposed projects meeting these and other planning, deoign, environman\a|, yahety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and aUowab|o costs will be determined in accordance with Title 23 and Title 49 CF,R. and the 0MB cost principles applicable to the recipientlsub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefo,n, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (K4P[}a), in cooperation with appropriate local offioio|s, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian AffaIrs (BIA) and the FHWA, Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the B1A and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP)funding must comply wth the statutory requirements in Sections 112.061. 215.422. 339.12. and 330.135. Florida Statutes, and Title 23 and Title 49. C.F.R. 16A 0 East Golden Gate Bridges Location ap 4 ,a. +1;•. •., ••�t! ' 44 1�R•N4 �•• ♦ S,' '.,y.-', y 1-4J`°., 4N,."...--4.0 I - '� �3�j f,t•�'?c,4 r'4 a 11 • v k1 0 - %+� s a, 99 �t,i, ° ,. 1: 4 s'..4...° 48th'AVE NE ty•,�,,.;9{u.)`.-• .i .Y., q(1"s ri"•. r. • •. • . • Y/dtf tY. • Ir n 4 .f1aAY' ..jt.., 47th AVE NE • ''',',..0 .04 47th AVE NE '• .• °Ai . • ...z...'...";Ab • • %f• f,,.., '' '«- 12 . Project site 3 I. ` _ . . ., .e•r o I _ Rs • t • ,, t 4.4 04' t :S#6,.... dq a %, �f r .•.. L ••A• 4 y�.- ' A.�h i.` p . • • , .W . 4.4. CO 4,4 . i' :.i• .0 1 ..0•7, .1 Tine*, •S"' .t_rr• - •=*D' ' • 45th AVE NE , .. }rY_I 4 0 500 1,000 I• `. • a I • . I Feet #' . .• ••, !" ; 28 27 27 4• Z" -110th AVE NE '","i .10th AVE NE. , 2':,'' 34 .. 4,..''-'••;,.•.w LEE m fi - • - ,. !�` HENDRY 4 7— at. , ^, �" . .;,-,• �. ,.•.. , • �, •, '__��-"'°- - - _________...-,.• .,.01.):.,•1.,,,,'.4;�[� o . Cypress Canal .,. , ' f� i" ;''��i 11 -- --�3 G. „!• .-N-.• : ,f1.1,•....,, _ . s,� COLLIER O •••••% cr NST', . 1t ' W�. ., �' - . la •,,:",. �' m M • . '3-✓'., 'L �, x s J "l.A 'VZ...‘'..."..!!:.....' !r iraw.t .s J,: ..x ,° .. -, ' '.i_ G1 :.'7r�} o 4,..' ` .a% ate+• ti}• " +''yr -•• ,N+ _ MONROE p'writ -• 'S a N eat-• f a„r. t 7r �s v N "3• 7' `Z., • 'k!gyp '0,'...7...,-.7,,,,...,'" L y. ..,,,,4,4•;;, ,;� y� 4 y ,......c," .� a ....• ..� t!1� + '� !:,"K .S '!♦ • 'Y� G s' .•• 4. • . •,. a ;firs moi, ♦r••, ,.. .. ti3 • • .. .� ' = ,. ,1, �,•%4" .j, Legend ' •y .� ,tt ,� .,. t r�'& 4'' ire •:w }ti ri + yk 4 h • r ^•,;44,,,�wtmt; . ro ; k} .. ,,, 4' . •"....;,...:,•4' ;, Existing Bridges �,,,-kr •. ... > ..-, .10"`",, '4 :.*� , "•:r_ Future Bridge �+, ; ••20 . is • ^a s 'e..,Vi°. h' >.. �"C. ; '� s R, i •;'•,•,,;.•,',',440,"4%•••,7, . 3�•. 9 i+,+ `• }, „� �'" �' + , Project Site �,' �: {' • ` [ ' •y 1R `.i•�iltL.2 ° r �,,.• .+ �•' e4>" ti„'..'fis •' i '�/ -. 4,... _--- Roads 4S..'..+ • 3 ♦ "yYS #sGolden Gate BLVD E "' : '•, a , �,r �. Section Line ' •+t- Yid.''.1r".�: wi,.•. ^ - 4; ` . f',. w `^ '1.- 0 500 1.000 �;