Agenda 05/13/2014 Item # 11C 5/13/2014 11.C.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Transportation
Regional Incentive Program (TRIP) Agreement and First Amendment to this Agreement
with the Florida Department of Transportation (FDOT) to receive reimbursement in the
amount of $8,043,930 for Construction services to the County's CR951 six-lane
improvements from Green Boulevard to Golden Gate Boulevard; and to execute a
Resolution memorializing the Board's action and authorize all necessary budget
amendments. Project No. 68056.
OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the
Chairman to sign a TRIP Agreement and a First Amendment to this Agreement with the FDOT
to receive reimbursement for construction services; and to execute a Resolution memorializing
the Board's action, and to, authorize the necessary budget amendments.
CONSIDERATIONS: The County will undertake the mainline six-lane improvements to
Collier Boulevard (CR951) from Green Boulevard to Golden Gate Boulevard (Project). The
Project will also incorporate approximately 0.5 miles of improvements along Green Boulevard,
Pine Ridge Road and White Boulevard. Elements of the improvements include a new bridge at
Green Boulevard over the CR951 canal, a 10' multi-use pathway on the east side of the CR951
canal to White Boulevard, where it will continue on the west side of the roadway from Pine
Ridge Road to Golden Gate Boulevard. Each roadway will have sidewalks, on street bike lanes,
lighting and signal upgrades at each major intersection. Modifications to medians will allow for
improved access to abutting properties. Utility improvements will also be included with this
project but are to be paid for by the Public Utilities Department and the private Utility Agency
Owner.
The County and the FDOT agree to share in the cost of the project with a 50/50 match. The
FDOT is willing to provide the County with financial assistance as set forth in its adopted work
program for fiscal years 2013/2014 in the amount of $6,807,645 and will also incorporate
funding in an amount of$1,236,285 set for fiscal years 2014/2015. The fiscal year 2014/2015
funding will be incorporated via a first amendment to this agreement. The estimated County
share of the project is $8,043,930. The County also agrees that it will provide all remaining costs
of the project.
The funding amounts are outlined in the following table:
PROJECT FM# % Share Funding Phase TRIP Agreement
Amount
State (425840-1-58) 42% Construction $6,807,645
State (425840-1-58) 8% Construction $1,236,285*
County (68056) 50% Construction $8,043,930
Total $16,087,860
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*The First Amendment to the Agreement is necessary to recognize this amount which
was previously budgeted under FM# 425974-1 for right of way TRIP funding (from
Golden Main Canal to Green Boulevard). At the request of the County, FDOT moved the
funding to the construction phase of 425840-1-58-01.
FISCAL IMPACT: A budget amendment is required to recognize grant revenue in the amount
of$8,043,930 in the Growth Management Division (GMD) Grant Fund 711, Project 68056. A
budget amendment is also required in the amount of$ 8,043, 930 to provide the required 50%
match in the Growth Management Division Match Fund 712, Project 68056. The remainder of
the construction funds for this project will be budgeted in the FY 2015 Capital budget program.
The source of the match funds are, impact fees (fund 331, 333, and 336) and gas taxes (fund
313).
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's
Growth Management objectives and produces no negative impact.
RECOMMENDATION: That the Board of County Commissioners of Collier County
authorizes its Chairman to sign: (1) the attached TRIP Agreement and a First Amendment to this
Agreement with FDOT to furnish construction services necessary to complete the CR951
roadway improvements from Green Boulevard to Golden Gate Boulevard, (2) the attached
Resolution memorializing the BCC action; and, (3) for the BCC to authorize the necessary
budget amendment.
Prepared by: Marlene Messam, Senior Project Manager, Transportation Engineering, GMD
Attachments: 1) TRIP Agreement; 2)First Amendment to Agreement; and 3) Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.C.
Item Summary: Recommendation to approve and authorize the Chairman to sign a
Transportation Regional Incentive Program (TRIP) Agreement and First Amendment to this
Agreement with the Florida Department of Transportation (FDOT) to receive reimbursement in
the amount of$8,043,930 for Construction services to the County's CR951 six-lane
improvements from Green Boulevard to Golden Gate Boulevard; and to execute a Resolution
memorializing the Board's action and authorize all necessary budget amendments. Project No.
68056. (Marlene Messam,Transportation Engineering Senior Project Manager)
Meeting Date: 5/13/2014
Prepared By
Approved By
Name: RitterSteve
Title: Manager-Road Construction, Transportation Engineering&Construction Management
Date: 4/15/2014 10:25:23 AM
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineering&Construction Management
Date: 4/15/2014 3:17:15 PM
Name: AhmadJay
Title: Director-Transportation Engineering, Transportat
Date: 4/16/2014 8:45:09 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date: 4/16/2014 4:09:07 PM
Name: WardKelsey
Title: Manager-Procurement,Purchasing&General Services
Date: 4/17/2014 4:06:25 PM
Name: MarkiewiczJoanne
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Title: Director-Purchasing/General Services,Purchasing&General Services
Date: 4/18/2014 8:26:53 AM
Name: KearnsAllison
Title:Manager Financial &Operational Support,Transportation Administration
Date: 4/18/2014 9:54:54 AM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing&General Services
Date: 4/18/2014 10:13:13 AM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 4/21/2014 10:53:12 AM
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 5/2/2014 3:17:58 PM
Name: OberrathKaren
Title: Accountant, Senior,Grants Management Office
Date: 5/5/2014 7:22:23 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/5/2014 9:28:05 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 5/6/2014 2:36:27 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/6/2014 3:21:16 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/7/2014 9:07:45 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 5/7/2014 9:34:23 AM
Name: OchsLeo
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Title: County Manager, County Managers Office
Date: 5/7/2014 11:33:17 AM
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FINANCIAL PROJECT NO.:425840 1 58 01
COLLIER COUNTY
CONTRACT NO.:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT
This Transportation Regional Incentive Program Agreement ("Agreement") is between
the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, ("DEPARTMENT")
and COLLIER COUNTY, (COUNTY).
RECITALS
A. The DEPARTMENT has the authority, under Section 334.044, Florida Statutes (F.S.) to
enter into this Agreement.
B. The Transportation Regional Incentive Program was created by Section 339.2819, F.S. to
provide funds to improve regionally significant transportation facilities in "regional
transportation areas" created pursuant to Section 339.155, F.S.
C. The COUNTY has certified to the DEPARTMENT that it has met the eligibility
requirements of Section 339.2819, F.S.
D. The Collier County and Lee County Metropolitan Planning Organizations, acting as a
designated regional partnership under Fla. Stat §339.155 (5)(c), and formed by an interlocal
agreement amended October 21, 2011 designated CR 951 (Collier Boulevard) as a regional
facility by resolution, a copy of which is incorporated into this Agreement and attached as
Exhibit 1.
E. The DEPARTMENT is willing to provide the COUNTY with financial assistance under
Financial Project No. 425840-1-58-01 ("PROJECT") in accordance with Section 339.2819,
F.S.
F. The COUNTY by Resolution No. dated the day of , 2014, a
copy of which is attached to and made a part of this Agreement as Exhibit 2, has authorized
the Chairman of its Board of Commissioners or designee to enter into this Agreement.
AGREEMENT
In consideration of the mutual covenants in this Agreement,the parties agree as follows:
1. SERVICES AND PERFORMANCE
A) The PROJECT consists of construction of CR 951(Collier Boulevard) from Green
Boulevard to Golden Gate Boulevard a new six-lane divided facility as further described
in Exhibit A which is attached to and made a part of this Agreement.
B) The COUNTY agrees to undertake the construction of the PROJECT in accordance with
all applicable, federal, state and local statutes, rules and regulations, and standards. The
COUNTY shall be responsible for obtaining clearances/permits required for the
construction of the PROJECT from the appropriate permitting authorities. Upon
s`
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completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the
PROJECT has been completed in accordance with the applicable standards, statutes,
rules and regulations in writing as provided in Exhibit E (Notice of Completion) which is
attached to and made a part of this Agreement.
C) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the
status of work being done by the COUNTY and of the details thereof. Coordination shall
be maintained by the COUNTY with representatives of the DEPARTMENT. The
COUNTY shall provide the DEPARTMENT with quarterly progress reports.
D) Vendors/Contractors:
a) shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the
Vendor/Contractor during the term of the contract; and
b) 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.
E) The COUNTY shall not sublet, assign or transfer any work under this Agreement
without prior written consent of the DEPARTMENT.
F) The COUNTY shall provide a copy of the Final Bid documents to the
DEPARTMENT. After approval of the plans and prior to commencing the work
described herein, the COUNTY shall request a Notice to Proceed from the
DEPARTMENT'S Construction Project Manager, Rick J. Arico, at (239-225-1973)
or from an appointed designee. Any work performed prior to the issuance of the Notice
to Proceed is not subject to reimbursement.
G) All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT: TO COUNTY:
Rick J. Arico, P.E. Marlene Messam
Project Manager Senior Project Manager, TECM
10041 Daniels Parkway 2885 Horseshoe Drive South
Fort Myers, Florida 33913 Naples, Florida 34104
2. TERM
A) The COUNTY shall perform the PROJECT activities in accordance with the following
schedule as further described in Exhibit B (Schedule of Services) which is attached and
made a part of this Agreement:
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(1) Construction contract to be let on or before August 2014.
(2) Construction to be completed on or before January 2017.
B) This Agreement shall not be renewed. Any extension shall be in writing and executed by
both parties, and shall be subject to the same terms and conditions set forth in this
Agreement and contingent upon the DEPARTMENT'S District Secretary's or
Designee's Approval.
3. COMPENSATION AND PAYMENT
A) The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT FM#
425840 1 58 01 pursuant to Section 339.2819, F.S.
B) The estimated total cost as set forth in the DEPARTMENT'S adopted work program for
this PROJECT in fiscal years 2013/2014 and 2014/2015 is $16,087,860.00 (Sixteen
Million Eighty-Seven Thousand Eight Hundred Sixty Dollars). The estimated COUNTY
share of the PROJECT is $8,043,930.00 (Eight Million Forty-Three Thousand Nine
Hundred Thirty Dollars). The estimated DEPARTMENT share of the PROJECT is
$6,807,645.00 (Six Million Eight Hundred Seven Thousand Six Hundred Forty-Five
Dollars) programmed in fiscal year 2013/2014 and $1,236,285.00 (One Million Two
Hundred Thirty-Six Thousand Two Hundred Eighty-Five Dollars) programmed in fiscal
year 2014/2015. The fiscal year 2014/2015 funding shall be incorporated via an
amendment into this agreement when funds become available in July, 2014. The
amounts are outlined in Exhibit C (Schedule of Funding) which is attached to and made a
part of this Agreement. The parties further agree all remaining costs of the PROJECT
will be borne by the COUNTY.
i) In the event the COUNTY proceeds with the construction of the PROJECT with its
own forces, the COUNTY will only be reimbursed for direct costs (this excludes
general and administrative overhead).
ii) All costs charged to the PROJECT shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of the charges.
C) The County shall provide quantifiable, measurable and verifiable units of deliverables.
Each deliverable must specify the required minimum level of service to be performed and
the criteria for evaluating successful completion. Said deliverables are described and
contained in Exhibit A(Scope of Service) attached hereto.
D) Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the DEPARTMENT under Section 334.044 (29),
F.S. Invoices (3 copies) shall be submitted by the COUNTY in detail sufficient for a
proper pre-audit and post audit thereof, based on the quantifiable, measurable, and
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verifiable units of deliverables as established in Exhibit A (Scope of Services).
Deliverables must be received and accepted in writing by the DEPARTMENT'S Project
Manager prior to payments.
E) Entities providing goods and services to the DEPARTMENT should be aware of the
following time frames. Upon receipt the DEPARTMENT has 5 working days to inspect
and approve the goods and services. 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, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), F.S. will be due and payable, in addition to the
invoice amount,to the COUNTY. Interest penalties of less than one (1) dollar will not be
enforced unless the COUNTY requests payment. Invoices that have to be returned to the
COUNTY because of COUNTY 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 COUNTIES who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer
Services at 1-877-693-5236.
F) Funds transferred to the COUNTY by the DEPARTMENT shall be segregated from other
funds and invested by the COUNTY until their actual expenditure, in such income or
revenue-producing investments as authorized by law for other COUNTY funds. All
income, interest, or other revenues obtained from such investment shall be considered
funds of the DEPARTMENT. The income, interest, or other revenues shall be remitted
to the DEPARTMENT on a quarterly basis within fifteen (15) days of the close of the
months March, June, September, and December, regardless of the month in which funds
were received. Upon completion of the PROJECT, all remaining income, interest, or
other revenues shall be returned to the DEPARTMENT. All refund or interest checks
shall be made payable to: Florida Department of Transportation, and mailed to the
DEPARTMENT address in Paragraph 1.F) of this Agreement; with the Project Number
referenced and information included that identifies the interest period, amount of interest
earned by account, name of depository, and interest rate. The documentation submitted
to support interest earnings should include copies of bank or investment account
statements, computational work sheets, etc.
G) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. 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), F.S., are incorporated:
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"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 executor 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 dollars and which have a term
for a period of more than 1 year."
H) Any PROJECT funds made available by the DEPARTMENT pursuant to this Agreement
which are determined by the DEPARTMENT to have been expended by the COUNTY in
violation of this Agreement or any other applicable law or regulation shall be promptly
refunded in full to the DEPARTMENT. Acceptance by the DEPARTMENT of any
documentation or certifications, mandatory or otherwise permitted, that the COUNTY
files shall not constitute a waiver of the DEPARTMENT'S rights as the funding agency
to verify all information at a later date by audit or investigation.
I) Travel costs will not be reimbursed.
J) Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the DEPARTMENT at all times during the period of this
Agreement and for five years after final payment is made. Copies of these documents
and records shall be furnished to the DEPARTMENT upon request. Records of costs
incurred includes the COUNTY`s general accounting records and the project records,
together with supporting documents and records of the COUNTY and all subcontractors
performing work on the project, and all other records of the COUNTY and subcontractors
considered necessary by the DEPARTMENT for a proper audit of costs.
4. CAPITAL IMPROVEMENTS AND ROADWAY LEVEL OF SERVICE
A) The PROJECT must be identified in the capital improvements element of the
comprehensive plan that has been determined to be in compliance with Part II of Chapter
163, F.S. and with local government comprehensive plan policies relative to corridor
management. The DEPARTMENT shall give priority consideration to projects with
committed local funds. The PROJECT must be identified as a funded project in the
capital improvements element. The capital improvements element must also include
standards to ensure the availability of transportation facilities and the adequacy of those
facilities to meet established acceptable levels of service. The intergovernmental
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coordination element requires coordination in establishing level of service standards for
transportation facilities operated and maintained by the DEPARTMENT.
B) The logical termini for the PROJECT CR 951 (Collier Boulevard) from Green Boulevard
to Golden Gate Boulevard.
C) The level of service (LOS) for the segment of (name the facility) between the logical
termini for this PROJECT, as set forth above, shall be designated by COUNTY. The
adopted LOS for this segment is D. Upon implementation of the PROJECT, the
anticipated LOS for this segment is LOS D.
D) Upon the COUNTY election, the COUNTY may update its comprehensive plan to reflect
the improved level of service for the segment (CR 951 Collier Boulevard) between the
logical termini for this Project.
5. IN-KIND SERVICES AND RIGHT OF WAY DONATIONS (if applicable)
A) In-kind services are goods, commodities, or services received in lieu of cash payments.
Goods and commodities should be valued based on their current market value.
B) Property donated by local governments for right of way as the local share for a qualified
project, must comply with the requirements of the federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601, et sec.,
and implementing federal regulations, 49 CFR Part 24 and 23 CFR Part 710, if federal
funds will be used in any phase of the project. Other requirements for the acquisition of
rights of way should be determined in accordance with guidelines established by the
Office of Right of Way.
C) The DEPARTMENT has established specific right of way acquisition guidelines for the
Transportation Regional Incentive Program. These guidelines can be found at
http://www.dot.state.fl.us/planning/TRIP/RW-contributions.pdf and are incorporated into
this Agreement by reference.
D) The excess of an in-kind match valued in excess of the required match will not generally
be applied towards another project. On a case by case basis, an exception may be made
for project segments in a regional corridor that are part of an implementation plan for that
corridor.
6. INDEMNITY AND INSURANCE
A) INDEMNITY
i) The COUNTY agrees to include the following indemnification in all contracts with
contractors/subcontractors, consultants/sub-consultants, who perform work in
connection with this Agreement:
"The contractor/consultant shall indemnify, defend, save, and hold harmless the
DEPARTMENT and all of its officers, agents or employees from all suits,
actions, claims, demands, liability of any nature whatsoever arising out of,
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because of, or due to any negligent act or occurrence of omission or commission
of the contractor/consultant, its officers, agents, or employees."
B) LIABILITY INSURANCE.
i) The COUNTY or cause its contractor/consultant to carry and keep in force during the
period of this Agreement a general liability policy or policies with a company or
companies authorized to do business in Florida, affording public liability insurance
with combined bodily injury limits of at least $1,000,000 per person and subject to
that limit per person $5,000,000 for each occurrence, and property damage insurance
of at least $50,000 for each occurrence and subject to that limit for each occurrence a
total of $100,000 during the policy period, for the services to be rendered in
accordance with this Agreement. However, in the event the COUNTY maintains a
self-insurance fund to cover such liability, the COUNTY agrees to maintain sufficient
reserves in the fund to pay the above-described liability limits. In addition to any
other forms of insurance or bonds required under the terms of this Agreement, the
COUNTY must comply or cause its contractor to comply with Section 7-13 of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2010),
as amended. The DEPARTMENT must be included as an additional insured party on
the liability insurance policies described in this Agreement.
C) WORKERS' COMPENSATION.
i) The COUNTY shall also carry or cause its contractor/consultant to keep in force
Workers' Compensation insurance as required for the State of Florida under the
Workers' Compensation Law.
7. COMPLIANCE WITH LAWS
A) The COUNTY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, F. S., made or received by the
COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such
public access shall be grounds for immediate unilateral cancellation of this Agreement by
the DEPARTMENT.
B) The COUNTY shall comply with all federal, state, and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, or national origin in the performance of work under
this Agreement.
C) No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
D) The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and
subcontractors are not agents of the DEPARTMENT as a result of this Agreement for
purposes other than those set out in Section 337.274,F. S.
8. AUDIT AND MONITORING REQUIREMENTS
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The administration of resources awarded by the Department to Collier County 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, F.S., 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 Collier County regarding such audit. Collier County further agrees to
comply and cooperate with any inspections,reviews, investigations, or audits deemed necessary
by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer(CFO)
or Auditor General.
Audits
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in
OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in Federal awards in its
fiscal year, the recipient must have a single or program-specific audit conducted
in accordance with the provisions of OMB Circular A-133, as revised. Exhibit F
to this agreement indicates Federal resources awarded through the Department by
this agreement. In determining the Federal awards expended in its fiscal year, the
recipient shall consider all sources of Federal awards, including Federal resources
received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB
Circular 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 l., 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,
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the cost of the audit must be paid from non-Federal resources (i.e., the cost of
such an audit must be paid from recipient resources obtained from other than
Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, and name of the
awarding federal agency.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance
equal to or in excess of $500,000 in any fiscal year, the recipient must have a
State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Department of Financial
Services and the CFO; and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit F to this agreement indicates state financial assistance awarded through
the Department by this agreement. In determining the state financial assistance
expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the
Department, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the
recipient shall ensure that the audit complies with the requirements of Section
215.97(7), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. However, if the recipient elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes,
the cost of the audit must be paid from the nonstate entity's resources (i.e., the
cost of such an audit must be paid from the recipient's resources obtained from
other than State entities).
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.
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PART III: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings.
Preparation of a summary schedule of prior year audit findings, including
corrective action and current status of the audit findings is required. Current year
audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be
retained until the action is completed or the dispute is resolved. Access to project
records and audit work papers shall be given to the FDOT, the Department of
Financial Services, and the Auditor General. This section does not limit the
authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any
other state official.
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by PART I of this agreement shall be
submitted, when required by Section .320 (d), OMB Circular A-133, as revised,
by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit @dot.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as
revised (the number of copies required by Sections .320 (d)(1) and (2), OMB
Circular A-133, as revised, should be submitted to the Federal Audit
Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections
.320 (e) and (f), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I
of this agreement and conducted in accordance with OMB Circular A-133, as
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revised, is not required to be submitted to the Department for reasons pursuant to
section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the
required written notification pursuant to Section .320 (e)(2) and a copy of the
recipient's audited schedule of expenditures of Federal awards directly to each of
the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudita,dot.state.fl.us
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient
shall submit a copy of the reporting package described in Section .320 (c), OMB Circular
A-133, as revised, and any management letters issued by the auditor, to the Department at
each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
Copies of financial reporting packages required by PART II of this agreement shall be submitted
by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit(a dot.state.fl.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
3. 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:
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A. 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: FDOTSingleAuditna dot.state.fl.us
4. Any reports, management letter, or other information required to be submitted to
the Department pursuant to this agreement shall be submitted timely in
accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The LOCAL GOVERNMENT shall retain sufficient records demonstrating its
compliance with the terms of this Agreement for a period of at least five (5) years from
the date the audit report is issued, and shall allow the DEPARTMENT, or its designee,
CFO, or Auditor General access to such records upon request. The LOCAL
GOVERNMENT shall ensure that audit working papers are made available to the
DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at
least five (5) years from the date the audit report is issued, unless extended in writing by
the DEPARTMENT.
9. TERMINATION AND DEFAULT
A) This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon
sixty (60) days written notice. If the DEPARTMENT is terminating the Agreement, the
DEPARTMENT shall notify the COUNTY of such termination with instructions as to the
effective date of termination or specify the state of work at which the Agreement is to be
terminated.
B) If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of(a) immediately terminating the
AGREEMENT, or (b) notifying the COUNTY of the deficiency with a requirement that
the deficiency be corrected within a specified time, otherwise the AGREEMENT will be
terminated at the end of such time, or(c)taking whatever action is deemed appropriate by
the DEPARTMENT.
C) If the Agreement is terminated before performance is completed, the COUNTY shall be
paid only for that work satisfactorily performed for which costs can be substantiated.
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Such payment, however, may not exceed an amount which is the same percentage of the
contract price as the amount of work satisfactorily completed is a percentage of the total
work called for by this Agreement. All work in progress will become the property of the
DEPARTMENT and will be turned over promptly by the COUNTY.
10. MISCELLANEOUS
A) All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in
any gender shall extend to and include all genders.
B) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the
COUNTY.
C) In no event shall the making by the DEPARTMENT of any payment to the COUNTY
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 COUNTY, and the making of such
payment by the DEPARTMENT while any such breach or default exists shall in no way
impair or prejudice any right or remedy available to the DEPARTMENT with respect to
such breach or default.
D) This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein.
The parties agree that all commitments, agreements, or understandings concerning the
subject matter of this Agreement are contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. It is further agreed that no
modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed by the COUNTY and the
DEPARTMENT.
E) If any part of this Agreement shall be determined to be invalid or unenforceable by a
court of competent jurisdiction or by any other legally constituted body having the
jurisdiction to make such determination, the remainder of this Agreement shall remain in
full force and effect provided that the part of this Agreement thus invalidated or declared
unenforceable is not material to the intended operation of this Agreement.
F) This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be
in Leon County, Florida.
G) This Agreement shall be effective upon execution by both parties and shall continue in
effect and be binding on the parties until the PROJECT is completed and accepted and
payment made by the DEPARTMENT or terminated in accordance with Section 9
Termination and Default.
H) An entity or affiliate which has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public
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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.
I) 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, F. S., for Category Two for a period of 36 months from the
date of being placed on the convicted vendor list.
J) The COUNTY:
i) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the COUNTY during the
term of the contract; and
ii) 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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CONTRACT NO.:
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IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its
behalf, by the Chairman of the Board of County Commissioners or its designee, as authorized by
Resolution Number , and the FLORIDA DEPARTMENT OF TRANSPORTATION
has caused this Agreement to be executed in its behalf through its District Secretary or
authorized designee:
COLLIER COUNTY,FLORIDA
ATTEST
CLERK (Seal) CHAIRMAN OR DESIGNEE
Date Print Name Date
COUNTY LEGAL REVIEW:
BY:
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
By:
EXECUTIVE SECRETARY (Seal) DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
Print Name Date Print Name Date
Fla. Dept. of Trans. Legal Review:
By:
Date
Availability of Funds Approval:
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CONTRACT NO.:
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Date
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EXHIBIT "A"
SCOPE OF SERVICES
Financial Management Numbers: 425840-1-58-01
CR 951 (Collier Boulevard) from Green Boulevard to Golden Gate Boulevard
The general objective is for Collier County to provide contract administration, management
services, construction engineering and inspection services and quality acceptance reviews of all
work associated with the construction of the associated improvements. Services performed shall
be in conformity with the Contract Plans and Project Specifications. The services performed
shall be in accordance with the FDOT Manual of Uniform Minimum Standards for Design,
Construction and Maintenance for Streets and Highways and applicable County manuals, li
guidelines and specifications.
The project involves construction of widening the existing four-lane divided facility to a six-lane
divided facility. The improvement will begin approximately 900 feet south of the existing
intersection of Green Boulevard and continues generally north ending at the intersection with
Golden Gate Boulevard, a distance of approximately 2.187 miles. Additionally, intersection
improvements will be included at the Green Boulevard, Pine Ridge Road/White Boulevard and
Golden Gate Boulevard intersections. The widened typical section will be an urban section
comprised of three travel lanes and 4 foot bicycle lanes in each direction. A 6-foot concrete
sidewalk will be provided on the west side and a 10-foot concrete sidewalk will be provided on
the east side of the roadway.
Deliverables included in the Scope of Services are as follows:
1. Prepare bid package and specifications for bidding process. Award bid to contractor.
2. Provide Construction Engineering and Inspection (CEI) and Quality Assurance
Engineering to document construction as per specifications.
3. Furnish and install pavement structure,curb and gutter and sidewalk as identified in
plans, for approximately 2.187 miles of CR 951 (Collier Boulevard).
4. Furnish and install drainage improvements, as identified in the plans,to accommodate the
proposed improvement. Includes stormwater management facilities and all specified
appurtenances and requirements.
5. Maintain existing traffic during the entire construction period.
6. Furnish and install signing and pavement markings to meet the latest MUTCD standards.
7. Construct or reconstruct,as appropriate, side streets and turnout connections.
8. Furnish and install mast arms and signalization equipment and associated appurtenances
for full signalization of the Green Boulevard, Pine Ridge Road/White Boulevard and
Golden Gate Boulevard intersections. Includes full pedestrian features, optical vehicle
detection and internally illuminated signs.
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9. Furnish and install light poles and associated appurtenances for full lighting of the project
limits.
10. Coordinate relocation of all affected utilities within the project limits.
11. Provide, upon completion of construction, Final As-built Construction Plans, signed and
sealed by a Professional Engineer, registered in the State of Florida.
12. Coordinate construction activities with other construction projects that are impacted by or
impact this project. This includes projects under the jurisdiction of local governments or
other regional and state agencies.
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EXHIBIT "B"
ESTIMATED PROJECT PRODUCTION SCHEDULE
Financial Management Number: 425840 1 58 01
Construction Contract to be awarded by November 4,2014_.
Construction Contract to be completed by January,2017.
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EXHIBIT "C"
ESTIMATED SCHEDULE OF FUNDING
Financial Management Number: 425840 1 58 01
By and through this Transportation Regional Incentive Grant Program Agreement with the
COUNTY, the DEPARTMENT agrees to reimburse the COUNTY up to, but not to exceed
$6,807,645.00 (Six Million Eight Hundred Seven Thousand Six Hundred Forty-Five
Dollars) programmed in FY 2013/2014 and $1,236,285.00 (One Million Two Hundred
Thirty-Six Thousand Two Hundred Eighty-Five Dollars) programmed in FY 2014/2015 and
subject to legislative appropriation for actual costs incurred on this Project, excluding
COUNTY overhead.
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EXHIBIT "D"
TERMS & CONDITIONS OF CONSTRUCTION
1. The COUNTY is authorized, subject to the conditions set forth herein, to enter the
DEPARTMENT'S Right-of-way to perform all activities necessary for the construction of the
Project (as described more fully in Exhibit"A"). The Project shall be constructed in accordance
with construction plans and specifications to be approved by the DEPARTMENT and consistent
with the requirements of the DEPARTMENT. The plans shall include an appropriate plan for
maintenance of traffic. Should any significant(as defined by §4-3 of Standard Specifications for
Road and Bridge Construction, 2010, and as amended from time to time) changes to the plans be
required during construction of the Project, the COUNTY shall be required to notify the
DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the
changes being constructed. The DEPARTMENT reserves the right to adjust the plans to meet
the requirements of permits. The COUNTY shall be responsible to maintain the area of the
Project at all times during construction of the Project. All payment and performance bonds shall
name the DEPARTMENT as an additional obligee. All warranties on any product or material
used in construction of said Project shall be in favor of the DEPARTMENT. The COUNTY
shall assure that the Engineer of Record performs all necessary post-design services that may be
required.
2. The COUNTY shall have the affirmative responsibility to locate all existing utilities,
both aerial and underground and that all utility locations shall be represented on the construction
plans. All utility conflicts shall be fully resolved directly with the applicable utility. The
COUNTY shall be obligated to design around any utility installation for which the conflict
cannot be resolved. Said utility work shall be deemed to be undertaken on behalf of and for the
benefit of the DEPARTMENT and the COUNTY shall assure that utility work schedules are
obtained for the Project.
3. The work performed pursuant to this Agreement may require authorization under the
Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges
from construction sites. The COUNTY is responsible for obtaining the National Pollutant
Discharge Elimination System Permit and all other necessary permits for construction of the
Project. When applicable, such permits will be processed in the name of the DEPARTMENT;
however, in such event, the COUNTY will comply with all terms and conditions of such permit
in construction of the subject facilities.
4. This Agreement shall act to supersede the normal requirements of the COUNTY to
secure separate DEPARTMENT permits for drive-way connection, right-of-way utilization,
storm-water discharge and utilities and this Agreement is deemed to constitute such permits.
5. It is expressly agreed by the parties that this Agreement creates a permissive use only
and that neither the granting of the permission herein to use DEPARTMENT and/or COUNTY
right-of-way nor the placing of facilities upon DEPARTMENT and/or COUNTY land shall
operate to create or vest any property right in the COUNTY except as otherwise provided in
separate agreements.
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6. The DEPARTMENT shall appoint and authorize a single individual to serve as the
DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of
COUNTY activities pursuant to this Agreement. The COUNTY shall provide a current
construction schedule to the DEPARTMENT'S representative and shall notify the representative
at least 48 hours in advance of starting proposed work and again immediately upon completion
of work.
7. The COUNTY shall hire a DEPARTMENT prequalified contractor using the
COUNTY'S normal bid procedures to perform the construction work for the Project.
8. The COUNTY shall hire a DEPARTMENT qualified CEI firm to perform
Verification Testing in accord with the 2010 Standard Specifications for Road and Bridge
Construction, and as amended from time to time. The DEPARTMENT shall have the right, but
not the obligation, to perform independent testing from time to time during the course of
construction of the Project. The CEI firm shall not be the same firm as the Engineer of Record.
9. The COUNTY shall require the COUNTY'S contractor to post a bond in accordance
with Section 337.18, Florida Statutes.
10. The COUNTY shall not modify the intent of the design plans or the maintenance of
traffic concept without appropriate submission by the Engineer of Record (the "Engineer") and
approval by the DEPARTMENT. Provided, however, in the event of an emergency, the
COUNTY shall immediately make any necessary changes and notify the DEPARTMENT and
the Engineer of Record after the modifications.
11. The DEPARTMENT may request and shall be granted a conference with the
COUNTY and at the COUNTY'S option, the COUNTY'S CEI firm, to discuss any part of the
Project activities that the DEPARTMENT determines to be inconsistent with the approved
design plans and specifications. The COUNTY will monitor the corrective action and provide
the DEPARTMENT status reports at such intervals as are reasonable, based on the corrective
action undertaken, and the DEPARTMENT may, but is not obligated to, review independently
the progress of the corrective action. Provided however, if the DEPARTMENT determines a
condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion,
issue an immediate stop work order.
12. The COUNTY shall have the continuous obligation to monitor the maintenance of
traffic and construction operation during the course of the Project so that the safe and efficient
movement of the traveling public is maintained. The COUNTY is further obligated to make
such changes to the maintenance of traffic plans as may be necessary. During construction, the
COUNTY shall take measures, including the placing and display of safety devices that are
necessary in order to safely conduct the public through the Project area in accordance with the
latest and current version of the Federal Highway Administration Manual on Uniform Traffic
Control Devices for Streets and Highways, and the DEPARTMENT'S 2010 Standard
Specifications for Road and Bridge construction and the DEPARTMENT'S 2010 Roadway and
Traffic Design Standards, and as those sources may be amended from time to time. The
COUNTY may assign the responsibility of this paragraph to the Contractor or its' CEI for the
construction of the Project.
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13. Prior to the Project bidding, the COUNTY shall provide a project schedule that
includes, at a minimum, the date the Project will be advertised for bid,the bid opening date,the
award date and the date of the preconstruction conference.
14. It is understood and agreed that the rights and privileges herein set out are granted
only to the extent of the DEPARTMENT'S right,title and interest in the land to be entered upon
and used by the COUNTY. Any additional right or privilege required to undertake and to
complete construction of the Project shall be secured by the COUNTY.
15. Upon completion of the work in accord with the Plans, the COUNTY shall furnish a
set of"as-built"plans certified by the Engineer of Record/CEI that the necessary improvements
have been completed in accordance with the Plans as the same may be modified in accord with
the terms of this Agreement. This certification shall include a statement that necessary
inspections, tests, and physical measurements have been made, and that all materials entering
into the work conform to the Plans, conform to the applicable specifications contained in the
Standard Specifications for Road and Bridge Construction, 2010 edition as amended, or
otherwise conform to or meet generally accepted professional practices. Additionally, the
COUNTY shall assure that all post construction survey monumentation required by Florida
Statutes is completed and evidence of such is provided to the DEPARTMENT in a manner
acceptable to the DEPARTMENT. Upon acceptance of right-of-way documents, then the
Project shall be deemed accepted by and turned over to the DEPARTMENT.
16. In the event contaminated soil is encountered by the COUNTY or anyone within the
DEPARTMENT right of way, the COUNTY shall immediately cease work and notify the
DEPARTMENT. The DEPARTMENT shall coordinate with the appropriate agencies and
notify the COUNTY of any required action related thereto.
17. It is acknowledged by the parties that construction plans and specifications are still
being prepared by the COUNTY as of the date of this Agreement. Construction of the Project
will not commence until the DEPARTMENT has approved the construction plans and
specifications as provided for in Paragraph 1 and all required right-of-way has been properly
obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager.
18. If applicable, the COUNTY shall assure that load ratings are submitted on any
vehicular bridge prior to the final submission of the structure plans for DEPARTMENT review.
Structures shall not be opened to traffic until a signed and sealed final bridge load rating that
meets the Florida legal loads standard is complete.
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EXHIBIT "E"
NOTICE OF COMPLETION
TRANSPORTATION REGIONAL INCENTIVE GRANT PROGRAM AGREEMENT
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
And
COLLIER COUNTY
PROJECT DESCRIPTION: CR 951 (Collier Blvd) from Green Blvd to Golden Gate Blvd
FINANCIAL MANAGEMENT ID# 425840 1 58 01
In accordance with the Terms and Conditions of the TRANSPORTATION REGIONAL
INCENTIVE GRANT PROGRAM AGREEMENT, the undersigned hereby provides
notification that the work authorized by this Agreement is complete as of
20 .
By:
Name:
Title:
ENGINEER'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the TRANSPORTATION REGIONAL
INCENTIVE GRANT PROGRAM AGREEMENT, the undersigned hereby certifies that all
work which originally required certification by a Professional Engineer has been completed in
compliance with the Project construction plans and specifications. If any deviations have been
made from the approved plans, a list of all deviations, along with an explanation that justifies the
reason to accept each deviation, will be attached to this Certification. Also, with submittal of this
certification, the COUNTY shall furnish the DEPARTMENT a set of"as-built" plans certified
by the Engineer of Record/CEI.
By: , P.E.
SEAL: Name:
Date:
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EXHIBIT "F"
AUDIT
STATE RESOURCES
Agency: Florida Department of Transportation
Catalog of State Financial.Assistance: Transportation Regional Incentive Program(55.026)
Amount: $8,043,930.00
Compliance Requirements Transportation Regional Incentive Program Grant
1. The project must be regionally significant and derived from a regional transportation plan.
2. The regional transportation plan must be created by a regional transportation area created
pursuant to Section 339.155, Florida Statutes.
3. The project must meet the minimum eligibility criteria listed in Section 339.2819 Florida
Statutes.
4. Funds will only be provided for capital expenses not to exceed 50 percent of project costs.
Operations are not covered through Transportation Regional Incentive Program.
5. The project is included or eligible for inclusion in the Department's adopted Work Program
pursuant to Section 339.135, Florida Statutes.
*If the PROJECT is not in these plans, it must be amended into them within six months of
application.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a),
Florida Statutes, require that the information about Federal Programs and State
Projects included in Exhibit A be provided to the recipient.
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FM#425840-1-58-01
FIRST AMENDMENT TO
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AGREEMENT
TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT
CHAIRMAN As of
COLLIER COUNTY,FLORIDA
When signed by Collier County and the State of Florida, Department of Transportation in the
places provided below, the following shall constitute the First Amendment (the "Amendment") to the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL
INCENTIVE GRANT PROGRAM AGREEMENT(hereinafter, "AGREEMENT")between Collier County
and the State of Florida, Department of Transportation dated , as in force
immediately prior to the execution of this First Amendment:
1. Section 3,paragraph B is amended as follows:
3. COMPENSATION AND PAYMENT
The estimated total cost as set forth in the DEPARTMENT'S adopted work program for
this PROJECT in fiscal years 2013/2014 and 2014/2015 is $16,087,860.00 (Sixteen
Million Eighty-Seven Thousand Eight Hundred Sixty Dollars). The estimated COUNTY
share of the PROJECT is $8,043,930.00 (Eight Million Forty-Three Thousand Nine
Hundred Thirty Dollars). The estimated DEPARTMENT share of the PROJECT is
$6,807,645.00 (Six Million Eight Hundred Seven Thousand Six Hundred Forty-Five
Dollars) programmed in fiscal year 2013/2014 and $1,236,285.00 (One Million Two
Hundred Thirty-Six Thousand Two Hundred Eighty-Five Dollars) programmed in fiscal
year 2014/2015. The amounts are outlined in Exhibit C (Schedule of Funding) which is
attached to and made a part of this Agreement. The parties further agree all remaining
costs of the PROJECT will be borne by the COUNTY.
2. EXHIBIT"C" is amended as attached.
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This 1st Amendment shall become effective on:
Department to enter date.
ACKNOWLEDGED AND AGREED TO:
COLLIER COUNTY,FLORIDA
ATTEST
CLERK (Seal) CHAIRMAN
DATE PRINT NAME DATE
COUNTY LEGAL REVIEW:
BY:
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
EXECUTIVE SECRETARY (SEAL) DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT NAME DATE PRINT NAME DATE
FDOT LEGAL REVIEW:
BY
DATE
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RESOLUTION 2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A
TRANSPORTATION REGIONAL INCENTIVE PROGRAM ("TRIP") AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND A FIRST
AMENDMENT TO THE TRIP AGREEMENT, PROVIDING STATE FUNDING FOR
IMPROVEMENTS FROM GREEN BOULEVARD TO GOLDEN GATE
BOULEVARD UNDER FM# 425840-1-58-01 AND A RESOLUTION AUTHORIZING
THE BOARD'S CHAIRMAN TO EXECUTE THOSE AGREEMENTS.
WHEREAS, at the May 13, 2014, meeting of the Board of County Commissioners the Board
approved the execution of a Transportation Regional Incentive Program ("TRIP") with the Florida
Department of Transportation ("FDOT") that provides $8,043,930.00 in State funding ($6,807,645.00
in FY 2013/2014 and $1,236,285.00 in FY 2014/2015) for improvements on Collier Boulevard from
Green Boulevard to Golden Gate Boulevard under FM$ 425840-1-58-01, a First Amendment to the
TRIP Agreement and authorized the Board's Chairman to execute the TRIP agreement and
Amendment with FDOT; and
WHEREAS, the FDOT requires the Board provide a resolution memorializing and confirming
the Board's aforementioned affirmative vote to approve those Agreements and authorization for the
Chairman to execute the TRIP Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
On May 13, 2014, the Board of County Commissioners approved by majority vote the TRIP
agreement, First Amendment to the TRIP Agreement and authorized its Chairman to execute both
agreements.
A certified copy of this Resolution is to be forwarded to FDOT along with the executed TRIP
Agreement and First Amendment to TRIP Agreement.
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J
5/13/2014 11 .C.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By By
Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form
and legality:
• � u
Scott R. Teach,
Deputy County Attorney
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