Agenda 09/08/2015 Item #16A369/8/2015 16.A.36.
EXECUTIVE SUMMARY
Recommendation to approve and execute a Local Agency Program Agreement with the Florida
Department of Transportation in which Collier County would be reimbursed up to $331,363 for the
construction and construction engineering inspection of intersection improvements on Golden Gate
Parkway at Livingston Road and to authorize the necessary budget amendment. (Project 33431)
OBJECTIVE: To construct intersection improvements on Golden Gate Parkway at Livingston
Road and to provide construction engineering inspection (CEI) with funding assistance in the
amount of up to $331,363 from a FDOT Local Agency Program (LAP) Agreement grant.
CONSIDERATIONS: The Florida Department of Transportation (FDOT) is empowered by
legislative authority to contract with other governmental (local) agencies to develop, design,
acquire right -of -way, and construct transportation facilities and to reimburse these governmental
agencies for services provided to the traveling public. The FDOT Local Agency Program (LAP),
administered at the FDOT district level, is the mechanism used to complete a prioritized project
from FDOT's Five -Year Work Program.
Intersection improvements on Golden Gate Parkway at Livingston Road include both eastbound
and westbound right turn lane extensions along Golden Gate Parkway at the approach to
Livingston Road. These extensions will improve the capacity of the intersection. The project
also includes the installation of new street light poles, conduit, and pull boxes.
The intersection improvements for Golden Gate Parkway at Livingston Road have been
prioritized by FDOT in its Five -Year Work Program for state fiscal year 2016. FDOT now
wishes to enter into a LAP Agreement with Collier County to reimburse the County up to the
sum of $272,184 for the construction of intersection improvements and up to the sum of $59,179
for CEI of the same.
Collier County is LAP certified and the Growth Management Department staff will be
responsible for the full administration of the project's construction phase. An invitation to bid
solicitation will be used to secure the construction contractor. The construction is scheduled to
begin in the second quarter of 2016.
FISCAL IMPACT: A budget amendment is required to recognize grant revenue in the amount
of $331,363 within Transportation Grant Fund 711, Project 33431. The funding source is the
Federal Highway Authority (FHWA); whereby, these grant dollars are passed through the
Florida Department of Transportation via the LAP agreement.
The estimated useful life of the roadway improvements is 15 years with minimal to no repair cost
during that duration of time.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
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GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which Collier County will be
reimbursed up to $331,363 for the construction and CEI of intersection improvements on Golden
Gate Parkway at Livingston Road, and authorize the Chairman to sign the attached agreement
and approve the necessary budget amendment.
Prepared by: Daniel G. Hall, P.E., Senior Project Manager, Transportation Engineering Division,
Growth Management Department
Attachments: 1) Resolution and 2) FDOT Lap Agreement FM # 433177- 1 -58 -01 3) Budget
Amendment 4) Project Location Map
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.36.
Item Summary: Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which Collier County would be
reimbursed up to $331,363 for the construction and construction engineering inspection of
intersection improvements on Golden Gate Parkway at Livingston Road and to authorize the
necessary budget amendment. (Project 33431)
Meeting Date: 9/8/2015
Prepared By
Name: Daniel Hall
Title: Project Manager, Senior, Growth Management Department
7/27/2015 11:32:36 AM
Submitted by
Title: Project Manager, Senior, Growth Management Department
Name: Daniel Hall
7/27/2015 11:32:37 AM
Approved By
Name: LynchDiane
Title: Supervisor - Operations, Growth Management Department
Date: 7/30/2015 12:37:20 PM
Name: OrdonezJulio
Title: Project Manager, Principal, Growth Management Department
Date: 8/3/2015 12:00:18 PM
Name: NauthRookmin
Title: Management/Budget Analyst, Growth Management Department
Date: 8/4/2015 1:37:09 PM
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
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Date: 8/5/2015 11:16:49 AM
9/8/2015 16.A.36.
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 8/6/2015 2:02:24 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/14/2015 12:34:33 PM
Name: MessamMarlene
Title: Project Manager, Principal, Growth Management Department
Date: 8/17/2015 1:20:22 PM
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 8/17/2015 1:37:01 PM
Name: WilkisonDavid
Date: 8/17/2015 5:34:28 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 8/18/2015 9:38:00 AM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 8/19/2015 2:11:41 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/19/2015 4:38:08 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 8/28/2015 2:36:26 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/31/2015 11:05:53 AM
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RESOLUTION NO. 2015 -
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO
EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR INTERSECTION
IMPROVEMENTS ON GOLDEN GATE PARKWAY AT LIVINGSTON ROAD.
(FPN #433177- 1- 58 -01)
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter
into a Local Agency Program Agreement (the "Agreement ") with Collier County, wherein FDOT
will reimburse Collier County up to the sum of $272,184 for intersection improvements on Golden
Gate Parkway at Livingston Road and up to the sum of $59,179 for Construction Engineering and
Inspection of the same (FPN #433177- 1- 58 -01); and
WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the
public interest and benefits 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
Agreement pertaining to FPN #433177- 1- 58 -01.
2. The Collier County Clerk is directed to forward a certified copy of this Resolution along
with the three original Agreements 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 8t' day of September, 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
LIM
, Deputy Clerk
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
i
TIM NANCE, Chairman
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0ID -40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFlC ESTIMATES
TES
ESTIMATES
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FPN: 433177 -1 -58-01
Fund: SU
FLAIR Approp:
Federal No: 8886 719 A
Org Code: 55014010106
FLAIR Obj: 780000
FPN: 433177- 1-68-01
Fund: SU
FLAIR Approp:
Federal No: 8886 719 A
Org Code: 55014010106
FLAIR Obj: 780000
FPN:
Fund:
FLAIR Approp:
Federal No:
Ong Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
County No: 12
Contract No:
Vendor No: F596000558102
Data Universal Number System (DUNS) No: 80- 939 -7102 Local Agency DUNS No: 76997790
Catalog of Federal Domestic
Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and Collier County, 3299 Tamiami Trail East, Naples. FL 34112 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 the
construction of turn lanes at CR 886 (Golden Gate) at Livingston Road 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 ( Proiect Description and Responsibility) 2 pages are attached and made a part hereof.
B_(Schedule of Funding), 1 page is attached and made a part hereof.
1 (Single Audit Act), 1 pave is/ 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 Local Agency Program Manual, _which by this reference is
made a part hereof as if fully set forth herein. 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 complete, accurate, and consistent
with the terms, conditions, and specifications of 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-ted to
provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
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Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State
appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-
certification of the Agency for future LAP Projects.
Removal of All Funds
If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the
Agency, and the Project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Agency. No state funds can be used on off - system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before June 17, 2017. 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 be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, 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 observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, 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 necessary, including
federal -aid requirements, to 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, reports, records, contracts, and other documents relating to the Project as the Department and the Federal
Highway Administration (FHWA) may require. The Agency shall use the Department's 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 $ 331.363. 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
Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal -aid participation.
3.03 Limits 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 this Agreement;
c. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
and
d. Deparment approval of the Project scope and budget at the time appropriation authority becomes available.
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 W for funding levels by fiscal year. Project costs utilizing these 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.
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 of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
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"(a) 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 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a terra 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 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 most 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 which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA 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 exists, Federal funds may be withheld
until compliance is obtained. Where non - compliance is not correctable, FHWA or the Department may deny participation
in parcel or Project costs in part or in total.
For any amounts 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 of
funding shall be prepared by the Agency and approved by the Department The agency shall maintain said schedule of
funding, cant' out the Project, 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
execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and
agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised,
a copy of the Supplemental Agreement shalt be forwarded to the Department's Comptroller. No 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 request. Records of costs incurred include the Agency's general accounting records and the Project
records, 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 litigation, 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 bome 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 approval of the Department shall not be considered
eligible costs.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52&M MO
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6.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by
the Agency or others, shall 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: The administration of resources awarded through the Department to the Agency by this Agreement
may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the
Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the
authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The
Agency shall comply with all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with OMB Circular A -133, for fiscal years beginning
before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on -site
visits by Department staff and /or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through
audits when those findings pertain to Federal awards provided through the Department by this Agreement. By
entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring
procedures /processes deemed appropriate by the Department. The Agency further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
b. The Agency, a non - Federal entity as defined by OMB Circular A -133, for fiscal years beginning before December
26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this
Agreement is subject to the following requirements:
In the event the Agency expends a total amount of Federal awards equal to or in excess of the
threshold established by OMB Circular A -133, for fiscal years beginning before December 26, 2014,
and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, the Agency must have a Federal single or program - specific audit for such
fiscal year conducted in accordance with the provisions of OMB Circular A -133, for fiscal years
beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit 1
to this Agreement provides the required Federal award identification information needed by the
Agency to further comply with the requirements of OMB Circular A -133, for fiscal years beginning
before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F -Audit Requirements,
for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in
a fiscal year, the Agency must consider all sources of Federal awards based on when the activity
related to the Federal award occurs, including the Federal award provided through the Department by
this Agreement. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A -133, for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning
on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in
accordance with the provisions of OMB Circular A -133, for fiscal years beginning before December 26,
2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, will meet the requirements of this part.
2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the
auditee responsibilities as provided in OMB Circular A -133, for fiscal years beginning before December
26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014.
3. In the event the Agency expends less than the threshold established by OMB Circular A -133, for fiscal
years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency
is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at FDOTSingleAuditaa dot.state.fl us no later than
nine months after the end of the Agency's audit period for each applicable audit year. In the event the
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Agency expends less than the threshold established by OMB Circular A -133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for
fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A -133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be
paid from non - Federal resources (i.e., the cost of such an audit must be paid from the Agency's
resources obtained from other than Federal entities).
4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
httUI 'harvester.census.gov /facwebl the audit reporting package as required by OMB Circular A -133,
for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F -
Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30
calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by OMB Circular A -133, for fiscal years
beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However,
the Department requires a copy of the audit reporting package also be submitted to
FDOTSin gleAuditra2dot.state.fi.us within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period as required by OMB Circular A -133, for fiscal
years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014.
5. Upon receipt, and within six months, the Department will review the Agency's audit reporting package,
including corrective action plans and management letters, to the extent necessary to determine whether
timely and appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an audit conducted in
accordance with OMB Circular A -133, for fiscal years beginning before December 26, 2014, and in
accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after
December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing additional conditions, the
Department may take appropriate actions to enforce compliance.
6. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee,
the CFO or State of Florida Auditor General access to the Agency's records including financial
statements, the independent auditor's working papers and project records as necessary. Records
related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or
the dispute is resolved.
7. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399 -0450
FDCT:3ingleAudit�a dot.state.fl.us
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of five years from the date the audit report is issued and shall allow the Department, or its designee, the
CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the
audit working papers are made available to the Department, or its designee, the CFO, or State of Florida
Auditor General upon request for a period of five years from the date the audit report is issued unless extended
in writing by the Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all worts, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the Project.
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The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor 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 in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes) unless the records are exempt.
5.06 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 property acquisition and relocation
assistance activities on the project. Activities shall be 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 Department 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 submitted in detail sufficient for a proper pre-audit and post -audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Traver' of the Department's Disbursement Operations Manual, Topic 350 - 030 -400 (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 mount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant 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. However, 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 application, 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 affect the Project, the 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
Agreement, 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
12.07.
7.05 Default: The Agency has been determined by the Departmerd 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 Project, costs agreed to be bome by the Agency or its contractors and subcontractors for not meeting the Project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525. 01040
LOCAL AGENCY PROGRAM AGREEMENT
SPECIFICATIONS AND
ESTIMATES
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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 120 -day 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 in such 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 such
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 Agreement, the 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 writing,
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 termination 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 suspend, 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 costs. The 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 of the Agency to fumish 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 thereto, with any third party with. respect to the Project without the written
approval 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 disapprove 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 Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, 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,
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 amended, shall have the opportunity to participate in the performance of contracts
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
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financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal
and state laws 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 following assurance:
'The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. 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
program, 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 cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 at seq.).'
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, 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 cant' 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 contract, 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 federal, state, and local
iaws and regulations, including the *Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered 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 oversight needs and provide input for the recertification process. Evaluations are submitted to the
Agency's Responsible Charge or designee 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 regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought in -house by the
Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable
federal and state regulations, standards and procedures, with minimal District involvement/oversight. A 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:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 626.01040
LOCAL AGENCY PROGRAM AGREEMENT sPECIFICAESTIM AND
ESTIMATES
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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, religion, 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, religion, color, gender, national origin,
disability or marital status. Such action shall include, 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, including 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 installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, 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 Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.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
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, 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 267.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, 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 contractor, supplier, 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 suspended, revoked, 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
contract, subcontract or arrangement 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 Department, 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
be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, 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 the proceeds thereof."
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52501040
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIESTTIMIM AATEES S
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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 regulations, 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 malting 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.
13.06 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 observe 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.
13.07 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 Project. Failure to obtain this written approval shall be sufficient
cause of nonpayment by the Department. The Agency will physically include Forth FHWA -1273 in all its contracts and
subcontracts.
13.08 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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-40
LOCAL AGENCY PROGRAM AGREEMENT sPECIFICAESTIMIM TI AND
ATES
OG4 -12!14
Page 11
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
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, continuation, renewal, amendment or modification of any federal contract,
grant, ban 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 Farm -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 (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
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 ® will ❑ 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 frames. Upon receipt, the Department has 30 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract species otherwise. The
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, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, 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 Services. 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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010.40
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
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13.16 E- 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. Department of Homeland Security's E -Verify system to verify the employment eligibility of
all new employees hired by the subcontractor during the contract term.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 825-01040
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND
ESTIMATES
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY Collier County STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: By:
Name:
Title: Chairman or Designee
Attest:
Title: Clerk or Designee
Legal Review:
Name:
Title: Director of Transportation Development
Attest:
Title: Executive Secretary
See attached Encumbrance Form for date of funding approval by Comptroller.
"PP1° the legality
JeffFq A. Ptzk W, ; unty Attorney
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
OM75
Pape 1
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 433177 -1- 56168 -01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
PROJECT LOCATION:
❑ The project is on the National Highway System.
❑ The project is on the State Highway System.
PROJECT DESCRIPTION: This project consists of the construction of eastbound and westbound tum lanes on Golden
Gate Parkway at the approaches to Livingston Road.
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 submittal, the Agency will submit to the Department the project Bid Package to include
Specifications, updated construction estimate, draft construction contract, completed construction checklist and the
Agency's Certification Clear Package. All 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 Clear Letter
2) Permits Clear Letter
3) Utilities Clear /Coordinated Letter
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right -of -way activities.
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 FDOT roadway and traffic design standard, 2014 edition as amended and design criteria from the PPM, 2014
edition as amended.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 626-010 -40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
OM16
Paget
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
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 Manuar'
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 all 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.
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) Study to be completed by N /A.
b) Design is to be completed by 06/15115.
c) Right -of -Way requirements identified and provided to the Department by 06/15115.
d) Right -of -Way to be certified by 06/17/15.
e) Construction contract to be let by 05/16/16.
f) Construction to be completed by 02/16117.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds
availability, in the year pror+grammed, which is curTently in 15/16 for construction services.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01D -40
LOCAL AGENCY PROGRAM AGREEMENT P'°''"'"°"' 0;',°16
page 1
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS FPN: 433177 -1- 58/88-01
Collier County
3299 Tamiami Trail East
Naples, FL 34112
PROJECT DESCRIPTION
Name: Add Turn Lanes Length: Approx. 0.140 mi.
Temani: CR 886 (GOLDEN GATE) AT LIVINGSTON RD
No chase work may commence without issuance of a NOTICE TO PROCEED from the Department. Availability of any funds is subiect to legislative
approval
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
Packet Page -901-
FUNDING
ti)
(2)
(3)
TYPE OF WORK By Fiscal Year
TOTAL
PROJECT FUNDS
AGENCY
FUNDS
STATE &
FEDERAL FUNDS
Planning FY:
FY:
FY:
Total Planning Cost
Project Development & Environment (PIXE)
FY:
FY:
FY:
Total PD &E Cost
Design FY:
FY:
FY:
Total Design Cost
Right- of4lfay FY:
FY:
FY:
Total ft ht-of-Way Cost
Construction FY: 2015 -2016
272.184
272,184
FY:
FY:
FY:
Total Construction Cost
272,184
272,184
Construction Engineering and inspection (CEI)
FY: 2015-2016
59,179
59.179
FY:
FY:
Total CEI Cost
59.179
59,179
1331,363
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT
331,363
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
Packet Page -901-
9/8/2015 16.A.36.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52r�010g0
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES
1/15
Page 1
EXHIBIT 1
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal -Aid Highway Program, Federal Lands Highway Program
CFDA Program Site: htt s:Nwvnnr.cfda.gov/
Award Amount: $331363.00
Awarding Agency: Florida Department of Transportation
Award is for R&D: No
Indirect Cost Rate: N/A
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards
"ti jam : f iyi ve'Jll.'e C_I :i7.C)b:'.
OMB Circular A -133, Audits of States, Local Governments and Non -Profit Organizations
ntt l,`J�,n`;�.vvl� ei.us . ,a� si: eslderau !? /fiiesiomb.'assetS/a133 /ai33 revised 2007.cdf
OMB Circular A -133 Compliance Supplement 2014
t; litinr ti' lvhr +ehouse.g.�_v.' _k; /ci.cufarsla133 corn liance supplement 2014
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
OMB Circular A -87 (Revised), Cost Principles for State, Local and Indian Tribal Govemments
iiltCa:i`:^ : ^rw_w,!htgh,�u `,!iiT ✓ls�mblcircu;ars x387 2004;
OMB Circular A -102, Grants and Cooperative Agreements with State and Local Governments
Title 23 — Highways, United States Code
?_t iiUS�C +Clr °. ;G!tSE illli.;_IY1v':'Se j�j- lim tltle2�l&ejition-7reli
Title 49 — Transportation, United States Code
r iL t p:f luscoc'e.h r e ?irrir, ti!1e49&edition =prelim
Map -21 — Moving Ahead for Progress in the 218t Century, Public Law 112 -141
i?���apvrrc i<�k �!}?± +�,� -1 1?pubfl4iipdf /FLAW- 112Qubl'41.ndf
Federal Highway Administration — Florida Division
�h,, t ;f•
t7Iu:;; h..f,_'ia.d0,.L1_ df irfi`J/
Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS)
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