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Agenda 04/23/2013 Item #16A134/23/2013 16.A.13. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairwoman to sign a Joint Participation Agreement with the Florida Department of Transportation (FDOT) to receive reimbursement in the amount of $12,051,849 for Construction services on the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90 (US41), along with the County's US -41 and SR/CR -951 intersection project; to execute a Resolution memorializing the Board's action and authorize all necessary budget amendments. OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the Chairwoman to sign a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) to receive reimbursement for construction services; to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment. CONSIDERATION: October 8, 2012, the County entered into a JPA for CEI services with the FDOT to allow the County to include and complete a FDOT resurfacing project from Fiddler's Creek Parkway to south of SR90 (US41) as part of the County's intersection improvement project at the intersection of SR/CR 951 and US41. This CEI JPA and Resolution # 2012 -146 were approved by the BCC on September 11, 2012, Item I6A.13. The two projects identified in each JPA are: JPA FM# JPA Program Funding Phase JPA Agreement Amount 425209 -1 -58 Resurfacing Construction $6,780,936 Project & CEI ( *) 428147 -1 -58 Intersection Construction Only $5,270,913 Improvements TOTAL $12,051,849 *Funding for CEI has already been identified under the CEI JPA and Resolution #2012 -146 This JPA only addresses the reimbursement terms for the construction services component of each project, and is being brought to the BCC for approval. The FDOT's construction funding for both the Resurfacing Project and Intersection Improvement projects as provided for in the JPA is up to $12,051,849. Per this JPA agreement, after the project is complete maintenance responsibilities for the roadway will be the responsibility of FDOT for the state's segments of the improvements (US41 and SR 951) and the County for the County's segment of the improvements (CR 951). FISCAL IMPACT: A budget amendment is required to recognize the JPA agreement revenue in the amount of $12,051,849 for FY 2013 in Growth Management Grant Fund 711, Project 60116. The additional annual operations and maintenance costs for CR 951 segment of the intersection improvements is estimated to be $9,441.00, as detailed within the Road Maintenance Life Cycle attachment. GROWTH MANAGEMENT IMPACT: The requested intersection improvements are consistent with Growth Management objectives and produce no negative impact. Packet Page -742- 4/23/2013 16.A.13. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: That the BCC approves and authorizes its Chairwoman to sign: (1) the attached JPA with FDOT to furnish construction services necessary to complete the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR90 (US41), along with the County's US41 and SR /CR951 intersection project, (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 Packet Page -743- 4/23/2013 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to approve and authorize the Chairwoman to sign a Joint Participation Agreement with the Florida Department of Transportation (FDOT) to receive reimbursement in the amount of $12,051,849 for Construction services on the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90 (US41), along with the County's US -41 and SR /CR -951 intersection project; to execute a Resolution memorializing the Board's action and authorize all necessary budget amendments. Meeting Date: 4/23/2013 Prepared By Name: MessamMarlene Title: Project Manager, Senior,Transportation Engineering 3/8/2013 3:39:08 PM Submitted by Title: Project Manager, Senior,Transportation Engineering Name: MessamMarlene 3/8/2013 3:39:10 PM Approved By Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 3/26/2013 11:40:03 AM Name: RitterSteve Title: Manager - Road Construction,Transportation Engineering & Construction Management Date: 3/26/2013 2:27:44 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 3/28/2013 8:01:14 AM Packet Page -744- 4/23/2013 16.A.13. Name: CummingsRhonda Title: Contracts Specialist,Purchasing & General Services Date: 3/28/2013 2:59:25 PM Name: LynchDiane Title: Administrative Assistant Date: 4/1/2013 12:31:33 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 4/2/2013 8:39:19 AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 4/2/2013 2:06:58 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 4/2/2013 3:17:44 PM Name: KearnsAllison Date: 4/3/2013 9:56:36 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 4/3/2013 3:18:46 PM Name: KearnsAllison Date: 4/3/2013 4:29:03 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 4/3/2013 4:39:26 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/10/2013 10:44:33 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 4/15/2013 4:00:44 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Packet Page -745- Date: 4/16/2013 10:49:32 AM Name: KlatzkowJeff Title: County Attorney Date: 4/16/2013 11:18:50 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/16/2013 11:34:44 AM Name: OchsLeo Title: County Manager Date: 4/16/2013 12:02:28 PM Packet Page -746- 4/23/2013 16.A.13. Financial Management No.: 425209 -1- 58- 01 and 428147- 1 -58 -01 Agency: Collier County Contract No: Fund: DDR Function: 215 Contract Amount: $12,051,849.00 4/23/2013 16.A.13. FM# 425209 l 58 01 FM# 428147 1 58 01 Page 1 of 16 FLAIR Approp: 088797/ 088717 FLAIR Obj.: 134014/ 134012 Org. Code: 55014010106 Vendor No.: F59- 6000 - 558 -163 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This Agreement, made and entered into this day of , 2013, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and COLLIER COUNTY, a political subdivision of the State of Florida, existing under the Laws of Florida, (hereinafter referred to as the LOCAL GOVERNMENT), WITNESSETH: WHEREAS, the Parties have been granted specific Legislative Authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT by Resolution No. dated the day of , a copy of which is attached hereto and made a part hereof, has authorized its officers to execute this Agreement on its behalf. WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to undertake the Project described as the resurfacing construction of SR 951 (Collier Boulevard) From Fiddler's Creek Parkway to South of SR 90 (US 41) and Intersection improvements of US 41 (SR 90) at SR 951 (Collier Boulevard) , in Fiscal Year 2012/2013, said Project being known as FM #425209 -1- 58- 01 and FM# 428147-1-58-01, hereinafter referred to as the "Project ": and WHEREAS, the Project is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Work Program; and Packet Page -747- 0 4/23/2013 16.A.13. FM4 425209 1 58 01 FM4 428147 1 58 01 Page 2 of 16 WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project. WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project; and NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. TERM A. The term of this Agreement shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project by October 12. 201.5, in accordance with the schedule described and contained in Exhibit "C" attached hereto. if the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of the scheduled completion, as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project.. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties in perpetuity for maintenance responsibilities of the LOCAL GOVERNMENT for county roadways. The DEPARTMENT shall be responsible for maintenance in perpetuity for state highway system roadways. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the services to construct the Project. The Project consist of Resurfacing construction of SR 951 (Collier Boulevard) From Fiddler's Creek Parkway to South of SR 90 (US 41) and Intersection construction improvements of US 41 (SR 90) at SR 951 (Collier Boulevard), and otherwise, the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit "A ", Scope of Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. B. The LOCAL GOVERNMENT 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 as specified in Exhibit "A ". Packet Page -748- 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 1 58 01. Page 3 of 16 C. E- VERIFY Vendors /Contractors 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. Vendors /Contractors 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. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT to secure separate DEPARTMENT permits for drive -way connections, right of way utilization, storm -water discharge and utilities, and this Agreement is deemed to constitute such permits. F. The LOCAL GOVERNMENT shall be responsible for obtaining clearances /permits required for the construction of the Project from the appropriate permitting authorities. G. The DEPARTMENT shall review the plans for conformance to the DEPARTMENT'S requirements and feasibility within forty-five (45) days of delivery by the LOCAL GOVERNMENT. The DEPARTMENT'S review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans; however, all changes requested by the DEPARTMENT shall be made by the Engineer of Record /LOCAL GOVERNMENT with the understanding that final decision rests with the DEPARTMENT. All corrected plans shall be provided to the DEPARTMENT in a timely manner. The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT shall request a Notice to Proceed from the DEPARTMENT'S Construction Project Manager, Rick Arico, at (239) 4614305 or from an appointed designee. The LOCAL GOVERNMENT shall also obtain approval of their MOT schedule and coordinate construction schedule including pre construction meeting invitation with Eunice Usher at Fort Myers Operations Center (239)656 -7800 or from an appointed designee. Any work performed prior to the issuance of the Notice to Proceed is not subject to reimbursement. Packet Page -749- 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 158 01. Page 4 of 16 H. The LOCAL GOVERNMENT shall hire a DEPARTMENT prequalified contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. 1. The LOCAL GOVERNMENT 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. J. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond in accordance with Section 337.18(1), Florida Statutes. K. The LOCAL GOVERNMENT shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable DEPARTMENT standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit "D ". L. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. Coordination shall be maintained by the LOCAL GOVERNMENT with representatives of the DEPARTMENT. M. Upon completion of the work authorized by this Agreement, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "E ". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. if any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals Ea Packet Page -750- 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 1 58 01 Page 5 of 16 established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. Coordination shall be maintained by the LOCAL GOVERNMENT with representatives of the DEPARTMENT. 3. COMPENSATION AND REIMBURSEMENT A. Project Cost: The total estimated cost of the Project is $17,966,843 (SEVENTEEN MILLION NINE HUNDRED SIXTY -SIX THOUSAND EIGHT HUNDRED FORTY -THREE DOLLARS). This amount is based on the Schedule of Funding, Exhibit "B" attached hereto. B. DEPARTMENT Participation: The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed $12,051,849 (TWELVE MILLION FIFTY - ONE THOUSAND EIGHT HUNDRED FORTY -NINE DOLLARS) for actual costs incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's participation. Travel costs will not be reimbursed. i) The LOCAL GOVERNMENT shall submit invoices plus supporting documentation required by the DEPARTMENT for approval and processing. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), F.S. ii) Invoices must be based on quantifiable, measurable and verifiable units of deliverables as specified in Paragraph 2.A. and in Exhibit "A ", Scope of Services. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required minimum level of service to be performed as specified in Paragraph 2.13. was met, and that the criteria for evaluating successful completion as specified in Paragraph 2.M. was met. iii) Reimbursement for fees or other compensation for services or expenses incurred shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre- audit and post -audit thereof, based on the quantifiable, measurable and verifiable deliverables as established in Paragraph 2. A. and Exhibit "A ", Scope of Services and said request for reimbursement/invoice must be completed and accepted in writing by the Department's Project Manager or designee prior Packet Page -751- 4/23/2013 16.A.13. FM# 425209 I 58 01 FM# 428147 1 58 01 Page 6 of 16 to reimbursement. iv) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. COUNTY shall submit invoices quarterly to the DEPARTMENT for reimbursement. D. The DEPARTMENT shall have the right to retain out of any payment due the LOCAL GOVERNMENT under this Agreement, an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other Agreement between the LOCAL GOVERNMENT and the DEPARTMENT. E. The LOCAL GOVERNMENT which is providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Division of Consumer Services at 1- 877 - 693 -5236. F. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement, and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT'S general accounting records and the Project records, together with Packet Page -752- 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 1 58 01 Page 7 of 16 supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. G. In the event this Agreement is in excess of $25,000.00 (TWENTY -FIVE THOUSAND DOLLARS AND NO/] 00) and a term for a period of more than one year, the provisions of Section 339.135(6) (a), Florida Statutes, are hereby incorporated as follows: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a term for a period of more than one (1) year." H. The DEPARTMENT'S performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL GOVERNMENT to that effect. I. COMPLIANCE WITH FLORIDA SINGLE AUDIT ACT: The administration of resources awarded by the Department to the LOCAL GOVERNMENT may be subject to audits and /or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by Packet Page -753- 6�1 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 1 58 01 Page 8 of 16 OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the LOCAL GOVERNMENT agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate, the LOCAL GOVERNMENT agrees to comply with any additional instructions provided by the DEPARTMENT staff to the LOCAL GOVERNMENT regarding such audit. The LOCAL GOVERNMENT further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the DEPARTMENT'S Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non -profit organizations as defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: 1. In the event that the LOCAL GOVERNMENT expends $500,000 or more in Federal awards in its fiscal year, the LOCAL GOVERNMENT must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. If applicable, Exhibit "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 LOCAL GOVERNMENT shall consider all sources of Federal awards, including Federal resources received from the DEPARTMENT. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the LOCAL GOVERNMENT conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the LOCAL GOVERNMENT shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the LOCAL GOVERNMENT expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. However, if the LOCAL GOVERNMENT elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from LOCAL GOVERNMENT resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Packet Page -754- vT 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 429147 1 58 01 Page 9 of 16 Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the LOCAL GOVERNMENT expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the LOCAL GOVERNMENT must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If applicable, Exhibit "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 LOCAL GOVERNMENT shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the LOCAL GOVERNMENT shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the LOCAL GOVERNMENT expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the LOCAL GOVERNMENT elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the LOCAL GOVERNMENT resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The LOCAL GOVERNMENT shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to Project records and audit work papers shall be given to the DEPARTMENT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Packet Page -755- JJ 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 1 58 01 Page 10 of 16 PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -I33, 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 the following: A. The DEPARTMENT at the following address: Florida Department of Transportation Attn: Karen A. Miracola, District JPA/LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 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 10h Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -1.33, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this Agreement and conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to the following: Florida Department of Transportation Attn: Karen A. Miracola, District JPA /LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 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 the following address: Florida Department of Transportation Attn: Karen A. Miracola, District JPA/LFA Coordinator 10041 Daniels Parkway Packet Page -756- DJ 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 l 58 01 Page I i of 16 Fort Myers, Florida 33913 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to each of the following: A. The DEPARTMENT at the following address: Florida Department of Transportation Attn: Karen A. Miracola, District JPA/LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or the management letter required by PART III of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directly to: A. The DEPARTMENT at the following address: Florida Department of Transportation Attn: Karen A. Miracola, District JPA/LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 5. Any reports, management letters, or other information required to be submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the 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 Packet Page -757- 4/23/2013 16.A.13. FM# 425209 l 58 01 FM# 428147 158 01 Page 12 of 16 that audit working papers are made available to the DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at least five (5) years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. 4. COMPLIANCE WITH LAWS A. The LOCAL GOVERNMENT shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The LOCAL GOVERNMENT shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. E. 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. 5. TERMINATION AND DEFAULT A. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL Packet Page -758- 9 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 1 58 01 Page 1.3 of 16 GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This contract may be cancelled by the LOCAL GOVERNMENT upon sixty (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the LOCAL GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the LOCAL GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT. 6. MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the LOCAL GOVERNMENT. C. In no event shall the making by the DEPARTMENT of any payment to the LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the LOCAL GOVERNMENT, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in �b J Packet Page -759- 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 1 58 01 Page 14 of 16 no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. All tracings, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and the LOCAL GOVERNMENT and shall at all times be and remain the property of the DEPARTMENT and the LOCAL GOVERNMENT without restriction or limitation on their use. F. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida_ Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. G. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. H. PUBLIC ENTITY CRIME INFORMATION AND ANTI- DISCRIMINATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real 5 Packet Page -760- 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 1 58 01. Page 15 of 16 property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. I. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: Florida Department of Transportation Collier County Rick J. Arico, P.E. Marlene Messam, P.E. Project Manager Senior Project Manager 10041 Daniels Parkway 2885 Horseshoe Drive South Fort Myers, Florida 33913 Naples, Florida 34104 Packet Page -761- 4/23/2013 16.A.13. FM# 425209 1 58 01 FM# 428147 1 58 01 Page 16 of 16 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of , 2013, and the DEPARTMENT has executed this Agreement this day of 2013. CHAIRMAN OR DESIGNEE STATE OF FLORIDA BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF TRANSPORTATION By: Name: Title: As approved by the Board on: Attest: Legal Review 7 By: _ Name: Title: Attest: Executive Secretary Legal Review: Financial Provisions Approval by The Office of the Comptroller on: Authorization Received from the Office of The Comptroller as to Availability of Funds: Packet Page - 762 - & SCOPE OF SERVICES Financial Management Numbers: 425209- 1 -58 -01 and 428147- 1 -58 -01 SR 951 (Collier Boulevard) From Fiddlers Creek Parkway to South of US 41 (SR 90) and US 41 (SR 90) at SR 951 (Collier 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 and all applicable Florida Department of Transportation (FDOT) standards, manuals, guidelines and specifications. The intent of the construction project is to resurface SR 951, with associated safety improvements, from south of Fiddler's Creek Parkway (m.p. 6.332) to south of the US 41 intersection (m.p. 8.975), a distance of approximately 2.643 miles and to provide intersection improvements at the US 41 and SR 951 intersection. The US 41 at SR 951 intersection improvement project limits extend on US 41 from milepost 20.044 to milepost 20.932; on SR 951 from milepost 9.321 to milepost 9.709; and on CR 951 from milepost 9.709 to milepost 10.072. 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 FDOT approved plans. 4. Furnish and install drainage improvements, as identified in the plans, to accommodate the proposed resurfacing, widening and intersection improvements. Includes stormwater management facilities and all specified appurtenances and requirements. 5. Construct or reconstruct, as appropriate, sideroad and driveway turnouts. 6. Maintain existing traffic during the entire construction period. 7. Furnish and install signing and pavement markings to meet the latest MUTCD standards. 8. Furnish and install light poles and associated appurtenances for full lighting of the US 41 at SR 951 intersection project limits. 9. Furnish and install mast arms and signalization equipment and associated appurtenances for full signalization of the SR 951 at Fire Rescue Station 23, SR 951 at Manatee Road Page 1 of 2 Packet Page -763- 4/23/2013 16.A.13. and US 41 at SR 951 intersections. Includes full pedestrian features, video vehicle detection and internally illuminated signs, as identified in MOT approved plans. 10. Coordinate relocation of all affected utilities within the project limits. Relocate Collier County's existing 20" potable water main and 20" sanitary sewer force main within the US 41 at SR 951 intersection 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. Page 2 of 2 Packet Page -764- 4/23/2013 16.A.13. EXHIBIT "B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 425209 158 01 & 428147 158 01 By and through this Joint Participation Agreement with the LOCAL GOVERNMENT, the DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT up to, but not to exceed FM# 425209- 1 -58 -01 $6,780,936 (SIX MILLION SEVEN HUNDRED EIGHTY THOUSAND NINE HUNDRED THIRTY -SIX DOLLARS AND FM# 428147- 1 -58 -01 $592709913 (FIVE MILLION TWO HUNDRED SEVENTY THOUSAND NINE HUNDRED THIRTEEN DOLLARS actual costs incurred on these Projects, excluding LOCAL GOVERNMENT overhead. Page 1 of 1 Packet Page -765- 4/23/2013 16.A.13. EXHIBIT "D" TERMS & CONDITIONS OF CONSTRUCTION 1. The LOCAL GOVERNMENT is authorized, subject to the conditions set forth herein, 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 LOCAL GOVERNMENT shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The DEPARTMENT reserves the right to adjust the plans to meet the requirements of permits. The LOCAL GOVERNMENT shall be responsible to maintain the area of the Project at all times during construction of the Project. All payment and performance bonds shall name the DEPARTMENT as an additional oblige. All warranties on any product or material used in construction of said Project shall be in favor of the DEPARTMENT. The LOCAL GOVERNMENT shall assure that the Engineer of Record performs all necessary post - design services that may be required. 2. The LOCAL GOVERNMENT shall have the affirmative responsibility to locate all existing utilities, both aerial and underground and that all utility locations shall be represented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. The LOCAL GOVERNMENT shall be obligated to design around any utility installation for which the conflict cannot be resolved. Said utility work shall be deemed to be undertaken on behalf of and for the benefit of the DEPARTMENT and the LOCAL GOVERNMENT shall assure that utility work schedules are obtained for the Project. 3. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites. The LOCAL GOVERNMENT is responsible for obtaining the National Pollutant Discharge Elimination System Permit and all other necessary permits for construction of the Project. When applicable, such permits will be processed in the name of the DEPARTMENT; however, in such event, the LOCAL GOVERNMENT will comply with all terms and conditions of such permit in construction of the subject facilities. 4. It is expressly agreed by the parties that this Agreement creates a permissive use only and that neither the granting of the permission herein to use DEPARTMENT and/or LOCAL GOVERNMENT right -of -way nor the placing of facilities upon DEPARTMENT and/or LOCAL GOVERNMENT land shall operate to create or vest any property right in the LOCAL GOVERNMENT except as otherwise provided in separate agreements. 6. The DEPARTMENT shall appoint and authorize a single individual to serve as the DEPARTMENT'S representative to coordinate and manage the DEPARTMENT review of LOCAL GOVERNMENT activities pursuant to this Agreement. The LOCAL GOVERNMENT Page 1 of 3 Packet Page -766- 4/23/2013 16.A.13. shall provide a current construction schedule to the DEARTMENT'S representative and shall notify the representative at least 48 hours in advance of starting proposed work and again immediately upon completion of work. 7. The LOCAL GOVERNMENT shall hire a contractor using the LOCAL GOVERNMENT'S normal bid procedures to perform the construction work for the Project. 8. The LOCAL GOVERNMENT shall require the LOCAL GOVERNMENT'S contractor to post a bond in accordance with Section 337.18, Florida Statutes. 9. The LOCAL GOVERNMENT shall not modify the intent of the design plans or the maintenance of traffic concept without appropriate submission by the Engineer of Record (the "Engineer ") and approval by the DEPARTMENT. Provided, however, in the event of an emergency, the LOCAL GOVERNMENT shall immediately make any necessary changes and notify the DEPARTMENT and the Engineer of Record after the modifications. 10. The DEPARTMENT may request and shall be granted a conference with the LOCAL GOVERNMENT and at the LOCAL GOVERNMENT'S option, the LOCAL GOVERNMENT'S CEI firm, to discuss any part of the Project activities that the DEPARTMENT determines to be inconsistent with the approved design plans and specifications. The LOCAL GOVERNMENT will monitor the corrective action and provide the DEPARTMENT status reports at such intervals as are reasonable, based on the corrective action undertaken, and the DEPARTMENT may, but is not obligated to, review independently the progress of the corrective action. Provided however, if the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, issue an immediate stop work order. 11. The LOCAL GOVERNMENT shall have the continuous obligation to monitor the maintenance of traffic and construction operation during the course of the Project so that the safe and efficient movement of the traveling public is maintained. The LOCAL GOVERNMENT is further obligated to make such changes to the maintenance of traffic plans as may be necessary. During construction, the LOCAL GOVERNMENT shall take measures, including the placing and display of safety devices that are necessary in order to safely conduct the public through the Project area in accordance with the latest and current version of the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highways, and the DEPARTMENT'S 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 LOCAL GOVERNMENT may assign the responsibility of this paragraph to the Contractor or its' CEI for the construction of the Project. 12. Prior to the Project bidding, the LOCAL GOVERNMENT shall provide a project schedule that includes, at a minimum, the date the Project will be advertised for bid, the bid opening date, the award date and the date of the preconstruction conference. 13. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the DEPARTMENT'S right, title and interest in the land to be entered upon and used by the LOCAL GOVERNMENT. Any additional right or privilege required to Page 2 of 3 Packet Page -767- 4/23/2013 16.A.13. undertake and to complete construction of the Project shall be secured by the LOCAL GOVERNMENT. 14. Upon completion of the work in accord with the Plans, the LOCAL GOVERNMENT shall furnish a set of "as- built" plans certified by the Engineer of Record /CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in 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 LOCAL GOVERNMENT shall assure that all post construction survey monumentation required by Florida Statutes is completed and evidence of such is provided to the DEPARTMENT in a manner acceptable to the DEPARTMENT. Upon acceptance of right -of -way documents, then the Project shall be deemed accepted by and turned over to the DEPARTMENT. 15. In the event contaminated soil is encountered by the LOCAL GOVERNMENT or anyone within the DEPARTMENT right of way, the LOCAL GOVERNMENT shall immediately cease work and notify the DEPARTMENT. The DEPARTMENT shall coordinate with the appropriate agencies and notify the LOCAL GOVERNMENT of any required action related thereto. 16. It is acknowledged by the parties that construction plans and specifications are still being prepared by the LOCAL GOVERNMENT as of the date of this Agreement. Construction of the Project will not commence until the DEPARTMENT has approved the construction plans and specifications as provided for in Paragraph 1 and all required right -of -way has been properly obtained and certified (if applicable) as such by the DEPARTMENT's Right of Way Manager. 17. If applicable, the LOCAL GOVERNMENT shall assure that load ratings are submitted on any vehicular bridge prior to the final submission of the structure plans for DEPARTMENT review. Structures shall not be opened to traffic until a signed and sealed final bridge load rating that meets the Florida legal loads standard is complete. Page 3 of 3 Packet Page -768- 4/23/2013 16.A.13. EXHIBIT "E" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And COLLIER COUNTY PROJECT DESCRIPTION: SR 951 (Collier Boulevard) from South of Fiddlers Creek Parkway to South of US 41 /SR 90 resurfacing and Intersection improvements of US 41 (SR 90) at SR 951 (Collier Boulevard) FINANCIAL MANAGEMENT ID# 425209 158 01 & 428147 1 58 01 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of 20 WE Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the LOCAL GOVERNMENT shall furnish the DEPARTMENT a set of "as- built" plans certified by the Engineer of Record/CEI. SEAL: By: , P.E. Name: Date: Page 1 of 1 Packet Page -769- 4/23/2013 16.A.13. EXHIBIT "F" FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: K Federal Program (list Fed ral a nc 1 ; f F <al Do ti i s t' le and number) - $ (amo t) COML T'ou- IREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services /purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program (list Federal aa,,encv, Cataloz of Federal Domestic Assistance title and number) - $ amount SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Page 1 of 1 Packet Page -770- 4/23/2013 16.A.13. EXHIBIT "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 425209 158 01 & 428147 158 01 Construction services to begin on or before September 11, 2013 Construction services to be completed by May 9, 2015 _ Page 1 of 1 Packet Page -771- 4/23/2013 16.A.13. RESOLUTION NO. 2013- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ( "FDOT") AUTHORIZING THE COUNTY TO INCORPORATE FDOT'S PLANNED PROJECT TO RESURFACE THE SEGMENT OF SR 951 (COLLIER BOULEVARD) FROM FIDDLER'S CREEK PARKWAY TO SOUTH OF SR 90 (US 41) AND AGREEING TO REIMBURSE THE COUNTY FOR ASSUMING THE CONSTRUCTION SERVICES AS PART OF FDOT'S REIMBURSEMENT TO THE COUNTY AS PART OF THE COST OF THE RESURFACING PROJECT AND AUTHORIZING THE CHAIRWOMAN TO SIGN THE JPA. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Joint Participation Agreement (UPA ") with Collier County, wherein FDOT authorizes the County to incorporate FDOT's planned project to resurface the SR 951 (Collier Boulevard) from Fiddler's Creek Parkway to south of SR 90 (US 41) (the "Resurfacing Project ") into the County's road improvement project for SR/CR -951; and WHEREAS, as part of the JPA, FDOT further agrees to reimburse the County for assuming the Construction services of the Resurfacing Project up to a maximum amount of $12,058,849.00, which sum is programmed into FDOT's Adopted Work Program under FM# 425209- 1 -58 -01 and FM# 428147- 1 -58 -01 as of July 2013; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the Public interest to enter into the JPA and coordinate these State and County projects in a cost efficient manner in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; 1. The Board of County Commissioners approves the Joint Participation Agreement for FM# 425209- 1 -58 -01 and FM# 428147- 1 -58 -01 and authorizes its Chairwoman, to execute the Agreement on its behalf. 2. The Collier County Clerk of Courts is hereby directed to forward a certified copy of this Resolution, along with an executed copy of the Joint Participation Agreement, to the Florida Department of Transportation. This Resolution is hereby adopted after majority vote favoring same this 23rd day of April, 2013. Packet Page -772- ATTEST: ATTEST: DWIGHT E. BROCK, Clerk 0 Deputy Clerk 4/23/2013 16.A.13. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Georgia Hiller, Esq., Chairwoman Approved as to form and le ciency By: 57 Scott R. Teach Deputy County Attorney Packet Page -773- - 4/23/2013 16.A.13. Florida Department of Transportation RICK SCOTT 10041 Daniels Parkway ANANTII PRASAD. P.E. GOVERNOR Port Myers. Florida 33913 SECRETARY October 9, 2012 Ms. Marlene Messam, Sr. Project Manager % - I I LUi Collier County Transportation 2885 Horseshoe Drive South Naples, Florida 34104 RE: Executed Joint Participation Agreement (JPA) Financial Project No.: 425209 168 01 Description: SR 951 (Collier Blvd) from Fiddler's Creek Parkway to South of SR 90 (US 41) Dear Ms. Messam: Enclosed for your files is one (1) copy of the executed agreement for the above referenced project. Should you have any questions, please feel free to contact me at (239) 461 -4300. Sincerely, 6ren A. Miracola District LFA /JPA. Coordinator KAM/tp Cc: Jay Ahmad, Collier County Transportation Engineering Director Joe Lauk, FDOT Design Project Manager, MS 1 -29 Rick J. Arico, P.E., FDOT Project Manager, letter only www.dot.state.fl.us Packet Page -774- Florida Department of Transportation RICK SCOTT 10041 Daniels Parkwav GOVERNOR Fort Myers, FL 33913 October 10, 2012 Ms. Marlene Messam, Sr. Project Manager Collier County Transportation 2885 Horseshoe Drive South Naples, Florida 34104 4/23/2013 16.A.13. 4VANT11 PRASAD, P.E. SECRETARY RE: NOTICE TO PROCEED — CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FM #: 425209 1 68 01 City: Collier County Contract No.: AQS35 Description: SR 951 (Collier Blvd) from Fiddler's Creek Parkway to South of SR 90 (US 41) Dear Ms. Messam: In accordance with the Joint Project Agreement (JPA), dated October 10,2012 between the Department and Collier County for SR 951 (Collier Blvd) from Fiddler's Creek Parkway to South of SR 90 (US 41), you are hereby authorized to proceed with the engineering services phase on this project. Services are to begin on or after October 8, 2012 and be completed on or before June 1, 2015. Department requests County to coordinate efforts with Rick Arico in the Southwest Area Office at (239) 461 -4305. Also, please ensure that the County provides the Department with bid tabs and copy of executed consultant design services agreement. And, bid tabs and copy of executed construction/CEI services agreements. Upon completion of the project, the Department will have forty -five (45) working days after receipt of the invoice to review, inspect and approve the project for payment. If I can be of further assistance, please give me a call at (239) 461 -4300 or e-mail at (karen.miracola @dot. state. fl. us). Sinerely. aren A. Miracola District LFA/JPA Coordinator f Cc: Richard Arico, P. E., Project Manager Eunice Usher, Ft Myers Operations Center Engineer, MS 1 -88 www.dot.state.fl.us Packet Page -775- i C 1, i i I 0 4/23/2013 16.A.13. FM# 425209 1 68 01 Updated version: June 2012 Page I of 15 Financial Management No.: Fund: DS Function: 215 FLAIR Approp: 088797 425209 -1- 68- 01 FLAIR Obj.: 131551 Agency: Collier County Contract Amount: $994,640:00 Org. Code: 55014010106 Contract No: fj35 Vendor No.: F59- 6000 - 558 -163 JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This Agreement, made and entered into this K day ofkl , 2012, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) and the COLLIER COUNTY, political subdivision of the State of Florida, existing under the Laws of Florida, (hereinafter referred to as the LOCAL GOVERNMENT), W ITNESSETH: WHEREAS, the Parties have been granted specific Legislative Authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS, the LOCAL GOVERNMENT by Resolution No. c>lblJ1 dated the l< day of ,� -)&r , PJr.;I, a copy of which is attached hereto and made a part hereof, has authorized its officers to execute this Agreement on its behalf. WFIEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to undertake the Project described as the Construction Engineering and Inspection (CEI) Services of SR 951 (Collier Boulevard) From Fiddler's Creek Parkway to South of SR 90 (US 41), in Fiscal Year 2012/2013, said Project being known as FM #425209 -1- 68- 01, hereinafter referred to as the "Project "; and WHEREAS, the Project is on the State Highway System, is not revenue producing and is contained in the adopted Five Year Work Program; and WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT and the LOCAL GOVERNMENT and it would be most practical, expeditious, and economical for the LOCAL GOVERNMENT to perform the services to complete the Project. i i Packet Page -776- - FM# 425209 168 01 Page 2 of 15 4/23/201316.A.13. Updated version; June 2012 WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project; and NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. TERM A. The term of this Agreement shall begin upon the date of signature of the last party to sign. The LOCAL GOVERNMENT agrees to complete the Project by June l; 2015, in accordance with the schedule described and contained in Exhibit "C" attached hereto. If the LOCAL GOVERNMENT does not complete the Project within the time period allotted, this Agreement will expire on the last day of the scheduled completion, as provided in this paragraph unless an extension of the time period is requested by the LOCAL GOVERNMENT and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the Project. After the Project is complete, the term of this Agreement shall continue in effect and be binding on the parties in perpetuity for maintenance responsibilities of the LOCAL GOVERNMENT. 2. SERVICES AND PERFORMANCES A. The LOCAL GOVERNMENT shall furnish the services to construct the Project. The Project consist of: Construction Eneineerine and Inspection (CEI) services of SR 951 (Collier Boulevard) From Fiddler's Creek Parkwav to South of SR 90 (US 41), and otherwise, the LOCAL GOVERNMENT shall perform all other necessary work to complete the Project, as specified in Exhibit "A ", Scope of Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the LOCAL GOVERNMENT to perform any activity which is outside of the scope of services of the Project. B. The LOCAL GOVERNMENT shall provide the following 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 as specified in Exhibit "A„ C. E- VERIFY Packet Page -777- 4/23/2013 16.A.13. FM# 425204 1 68 01 Updated version: hme 2012 Page 3 of 15 Vendors/Contractors shall utilize the U.S. Department of Homeland Security's E- Vcrify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract. Vendors/Contractors 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. This Agreement shall act to supersede the normal requirements of the LOCAL GOVERNMENT 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. F. The LOCAL GOVERNMENT shall hire a CEI using the LOCAL. GOVERNMENT'S normal RFP (CCNA) procedures for CEI selection. G. Upon request, the LOCAL GOVERNMENT agrees to provide progress reports to the DEPARTMENT in the standard format used by the LOCAL GOVERNMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the LOCAL GOVERNMENT and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. Coordination shall be maintained by the LOCAL. GOVERNMENT with representatives of the DEPARTMENT. H. Upon completion of the work authorized by this Agreement, the LOCAL. GOVERNMENT shall notify the DEPARTMENT in writing of the completion; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, Exhibit "D ". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 3. COMPENSATION AND REIMBURSEMENT Packet Page -778- 4/23/2013 16.A.13. FM# 425209 1 68 01 Updated version: June 2012 Page 4 of 15 A. Project Cost: The total estimated cost of the Project is $994,640.00 (NINE HUNDRED NINETY -FOUR THOUSAND SIX I IUNDRED FORTY DOLLARS). This amount is based on the Schedule of Funding, Exhibit "B" attached hereto. B. DEPARTMENT Participation; The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT in an amount not to exceed 5994,640.00 (NINE HUNDRED NINETY- FOUR THOUSAND SIX HUNDRED FORTY DOLLARS) for actual costs incurred, excluding LOCAL GOVERNMENT overhead. The funding for this Project is contingent upon annual appropriation by the Florida Legislature. The LOCAL GOVERNMENT agrees to bear all expenses in excess of the DEPARTMENT's participation. Travel costs will not be reimbursed. i) The LOCAL GOVERNMENT shall submit invoices plus supporting documentation required by the DEPARTMENT for approval and processing. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), F.S. ii) Invoices must be based on quantifiable, measurable and verifiable units of deliverables as specified in Paragraph 2.A. and in Exhibit "A ", Scope of Services. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT and must also establish that the required minimum level of service to be performed as specified in Paragraph 2.13. was met, and that the criteria for evaluating successful completion as specified in Paragraph 2.M. was met. iii) Reimbursement for fees or other compensation for services or expenses incurred shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable deliverables as established in Paragraph 2. A. and Exhibit "A ", Scope of Services and said request for reimbursement/invoice must be completed and accepted in writing by the Department's Project Manager or designee prior to reimbursement. iv) Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Departmcnt's Travel Form No. 300 - 000 -01 and will be paid in accordance with Section t 12.061, F.S. V) All costs charged to the Project by the LOCAL GOVERNMENT shall be supported by detailed invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature Packet Page -779- 4/23/2013 16.A.13. FM,'! 425209 1 68 01 Updated version; June 2012 Page 5 of 15 and propriety of the charges. COUNTY shall submit invoices quarterly to the DEPARTMENT for reimbursement, D. The DEPARTMENT shall have the right to retain out of any payment due the LOCAL GOVERNMENT under this Agreement, an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the LOCAL GOVERNMENT on any other Agreement between the FOCAL GOVERNMENT and the DEPARTMENT. E. The LOCAL GOVERNMENT which is providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice, the DEPARTMENT has twenty (20) working days to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the LOCAL, GOVERNMENT requests payment. Invoices which have to be returned to the LOCAL., GOVERNMENT" because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established within the Department of Financial Services. Tile duties of this individual include acting as an advocate for Contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Division of Consumer Services at 1- 877 -693 -5236. F. Records of costs incurred under tends of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement, and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT'S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the contractor and subcontractors considered necessary by the Packet Page -780- 4/23/2013 16.A.13. FM# 425209 1 68 01 Updated version: June 2012 Page 6 aF 15 DEPARTMENT for a proper audit of costs. Any discrepancies revealed by any such audit shall be resolved by a corrected final billing from the LOCAL GOVERNMENT to the DEPARTMENT. G. In the event this Agreement is in excess of $25,000.00 (I-WI :-,.N I- Y- 1-1W," THOUSAND DOLLARS AND NO /100) and a term for a period of more than one year, the provisions of Section 339.135(6) (a), Florida Statutes, are hereby incorporated as follows: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a tern for a period of more than one (1) year." H. The DEPARTMENT'S performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. The parties agree that in the event finds are not appropriated to the DEPARTMENT for the Project, this Agreement may be terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL GOVERNMENT to that effect. I. COMPLIANCE WITH FLORIDA SINGLE AUDIT ACT: The administration of resources awarded by the Department to the LOCAL GOVERNMENT may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the LOCAL GOVERNMENT agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT Packet Page -781- FM# 425209 1 68 01 Page 7 of 15 4/23/2013 16.A.13. Updated version: June 2012 determines that a limited scope audit of the recipient is appropriate, the LOCAL GOVERNMENT agrees to comply with any additional instructions provided by the DEPAR'T'MENT staff to the LOCAL GOVERNMENT regarding such audit. The LOCAL GOVERNMENT further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the DEPARTMENT'S Office of Inspector General (0](3) and Florida's Chief Financial Officer (CFO) or Auditor General. ' AUDITS PART 1: 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: I. In the event that the LOCAL GOVERNMENT expends $500,000 or more in Federal awards in its fiscal year, the LOCAL GOVERNMENT must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. if applicable, Exhibit "E" to this Agreement indicates Federal resources awarded through the DEPARTMENT by this Agreement. In determining the Federal awards expended in its fiscal year, the LOCAL GOVERNMENT shall consider all sources of Federal awards, including Federal resources received from the DEPARTMENT. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the LOCAL GOVERNMENT conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements ofthis part, 2. In connection with the audit requirements addressed in Part I, paragraph 1, the LOCAL GOVERNMENT shall fulfill the requirements relative to auditce responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the LOCAL GOVERNMENT expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. However, if the LOCAL GOVERNMENT elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from LOCAL GOVERNMENT resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART Ii: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes) are to have audits done annually using the following criteria: Packet Page -782- 4/23/2013 16.A.13. FM# 425209 1 68 01 Updated version: June 2012 Page 8of15 I. In the event that the LOCAL GOVERNMENT expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the LOCAL GOVERNMENT must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General. If applicable, Exhibit "E" to this Agreement indicates state financial assistance awarded through the DEPARTMENT by this Agreement. In determining the state financial assistance expended in its fiscal year, the LOCAL GOVERNMENT shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part It, paragraph I, the LOCAL GOVERNMENT shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, 3. If the LOCAL GOVERNMENT expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the LOCAL GOVERNMENT elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid From the LOCAL GOVERNMENT resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year. and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The LOCAL GOVERNMENT shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to Project records and audit work papers shall be given to the DEPARTMENT, the Department of Financial Scrvices, 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. PARTIV: REPORT SUBMISSION Packet Page -783- 4/23/2013 16.A.13. FM! 425209 168 01 Updated version. June 2012 Page 9of15 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART 1 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 the following: A. The DEPARTMENT at the following address: Florida Department of Transportation Attn: Karen A. Miracola, District JPA /LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d) (1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART 1 of this Agreement and conducted in accordance with OMI3 Circular A -133, as revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards dir, ectly to the fallowing: Florida Department of Transportation Attn: Karen A. Miracola, District JPA /LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 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 the following address: Florida Department of Transportation Attn: Karen A. Miracola, District JPA /LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 Packet Page -784- FM# 425209 1 68 01 Page 10 of 15 4/23/2013 16.A.13. Updated version: June 2012 3. Copies of financial reporting packages required by PART 11 of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT direct] to each of the following: A, The DEPARTMENT at the following address: Florida Department of Transportation Attn: Karen A. Miracola, District JPA /LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 1 I I West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or the management letter required by PART III of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT direct) to: A. The DEPAR'T'MENT at the following address: Florida Department of Transportation Attn: Karen A. Miracola, District JPA /LFA Coordinator 10041 Daniels Parkway Fort Myers, Florida 33913 5. Any reports, management letters, or other information required to be submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The LOCAL GOVERNMENT shall retain suff=icient 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, Packet Page -785- PMII 425209 1 66 01 Pagc I I of 15 4/23/2013 16.A.13. Updated version: June 2012 or Auditor General upon request for a period of at least five (5) years from the date the audit report is issued, unless extended in writing by the DEPARTMENT, 4. COMPLIANCE WITH LAWS A. The LOCAL GOVERNMENT shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL GOVERNMENT in conjunction with this Agreement. Failure by the LOCAL, GOVERNMENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. "fhe LOCAL GOVERNMENT shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The LOCAL GOVERNMENT shall riot discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The LOCAL GOVERNMENT and the DEPARTMENT agree that the LOCAL GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. E. 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 convictcd vendor list. 5. TERMINATION AND DEFAULT A. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the LOCAL. GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The Packet Page -786- 4/23/2013 16.A.13. FM#/ 425209 1 68 01 updated version: June 2012 Page 12 of 15 DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This contract may be cancelled by the LOCAL GOVERNMENT upon sixty (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the LOCAL. GOVERNMENT of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT, C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the LOCAL GOVERNMENT, the DEPARTMENT shall notify the LOCAL GOVERNMENT of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the LOCAL_ GOVERNMENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the LOCAL GOVERNMENT, 6. MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the LOCAL. GOVERNMENT. C. In no event shall the making by die DEPARTMENT of any payment to the LOCAL GOVERNMENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the LOCAL GOVERNMENT, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. 1 r Packet Page -787- FM# 425209 1 68 01 Page 13 of 15 4/23/2013 16.A.13. Updated version: June 2012 D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. All tracings, plans specifications, maps, models, reports, or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and the LOCAL. GOVERNMENT and shall at all times be and remain the property of the DEPARTMENT and the LOCAL GOVERNMENT without restriction or limitation on their use. F. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this Agreement. G. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. H. PUBLIC ENTITY CRIME INFORMATION AND ANTI - DISCRIMINATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business Packet Page -788- 4/23/2013 16.A.13. T--M# 425209 1 68 01 Updated version: June 2012 Page 14 of 15 with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 1. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall be sent to the following addresses: Florida Department of Transportation Collier County Rick J. Arico, P.E. Marlene Messam, RE, Proieet Manager Senior Proiect Manager 10041 Daniels Parkway 2885 Horseshoe Drive South Fort Myers, Florida 33913 Naples, Florida 34104 Packet Page -789- FM# 425209 168 01 Page 15 of 15 4/23/2013 16.A.13. Updated version: June 2012 IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of S ; 2012, and the DEPARTMENT has executed this Agreement this _ day of j'� '� f 2012, CHAIRMAN OR DESIGNEE BOARD,OF�COUNTY COMMISSIOI RS W. �. Narne: Fre- d W. L otj !4, Title: C.. n Al r rY-1 o,-n As approved by the Board on: Attest: Legal Review Dee J44/7 h, gar STATE OF FLORIDA DEPARTMENT Oif!"TJ�4NSPORTATION B y: vw Name: ► 114, 1. • 1 f Title: b `J�T4 C4 &-C ro i (A Attest: Executive Secretary Legal Review: L Financial Provisions Approval by The Office of the Comptroller on: Authorization Received from the Office of Tlie Comptroller as to Availability of Funds: Packet Page -790- 4/23/2013 16.A.13. EXHIBIT "A" SCOPE OF SERVICES Financial Management Number: 425209- 1 -68 -01 SR 951 (Collier Boulevard) From Fiddler's Creek Parkway to South of SR 90 (US 41) This scope of services describes and defines the Construction Engineering and Inspection (CEI) services which are required by Collier County for contract administration, inspection, and materials sampling and testing for the construction of the associated improvements in conformity with the Contract Plans and Project Specifications. Services provided by the Consultant shall comply with Florida Department of Transportation (FDOT) manuals, procedures, and memorandums in effect as of the date of execution of the Agreement unless otherwise directed in writing by the FDOT. Such FDOT manuals, procedures, and memorandums are found at the State Construction Office's website. FDOT requires CEI Services be provided by a State of Florida pre - qualified Engineering Firm other than the design firm. The intent of the construction project is to resurface the 4 -lane divided roadway, with associated safety improvements. The resurfacing will extend from south of Fiddler's Creek Parkway (m.p. 6.332) to south of the US 41 intersection (m.p. 8.975), a distance of approximately 2.643 miles. The roadway is a four -lane divided typical section consisting of two 12 -foot (ft) travel lanes on each side of the roadway. Deliverables included in the Scope of Services are as follows: 1. Provide a Constructability /Value Engineering review conducted by a multi - disciplined independent team not directly involved in the design. The review will include field visits, notation of special environmental or job site conditions and a thorough review of the plans, specifications, contract documents and bid items. 2. Administer a pre - construction conference, prepare the meeting minutes and provide them to all attendees and other appropriate parties within a timely manner. 3. Monitor the Contractor's on -site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the project is constructed in reasonable conformity with such documents. 4. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. 5. Provide qualified personnel necessary to efficiently and effectively carry out the responsibilities under this Agreement. Establish and maintain appropriate staffing throughout the duration of construction and completion of the final estimate. Page 1 of 2 Packet Page -791- 4/23/2013 16.A.13. 6. Provide all software and hardware necessary to efficiently and effectively carry out the responsibilities under this Agreement. 7. Supply survey, inspection, and testing equipment, as required, to perform the services under this Agreement. 8. Determine the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. 9. Sampling, testing and laboratory methods and frequency shall be as required by the FDOT's Standard Specifications, Supplemental Specifications or as modified by the Special Provisions of the Construction Contract. 10. Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. 11. Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for the FDOT to make timely reimbursement payment to the County. 12. Facilitate communications between all parties ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process. 13. 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. Page 2 of 2 Packet Page -792- 4/23/2013 16.A.13. EXHIBIT "B" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 425209 168 01 By and through this Joint Participation Agreement with the LOCAL GOVERNMENT, the DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT up to, but not to exceed $994,640.00 (NINE HUNDRED NINETY -FOUR THOUSAND SIX HUNDRED FORTY DOLLARS) for actual costs incurred on this Project, excluding LOCAL GOVERNMENT overhead. Page I of I Packet Page -793- 4/23/2013 16.A.13. EXHIBIT "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 425209 168 01 Construction engineering inspection services (CEI) starting Construction engineering inspection services (CEI) completed by June 1. 201 S. Page 1 of l Packet Page -794- 4/23/2013 16.A.13. EXHIBIT "D" NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And COLLIER COUNTY PROJECT DESCRIPTION: SR 951 (Collier Boulevard) from South of Fiddlers Creek Parkway to South of US 41 /SR 90 FINANCIAL MANAGEMENT ID# 425209 1 68 01 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREE MI:N'I'. 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 "Perms and Conditions of the JOINT PARTICIPATION AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the LOCAL GOVERNMENT shall furnish the DEPARTMENT a set of "as- built" plans certified by the Engineer of Record /CEI. By: SEAL: Name: Date: Page] of l Packet Page -795- 4/23/2013 16.A.13. EXHIBIT "E" FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: f Federal Program (list Federal u mc} 1; r f F� icX al Dn tr ti #� bot�jrlu and number) - S (unrvt Vii) a• � (� i t �� A �, 1 CO LT _ Q � R� UIREMEitiTS APPLICABLE TO THE FEDERAL RESOURCES � AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what s•en ices /purposes resources rnusl be used .for) 2. Second applicable compliance requirement (e.g., eligibility requirenrerrts.for recipients of the resources). 3. Etc. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Fcdem) Prggg aml/i:st Federul a =en }; Culcylo:> of Fcd�ral Dorrrectic .? s sistrrnce Title and nurnher) - $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - S (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Page I of I Packet Page -796- Road Maintenance Added Budget Cost per project to Maintain Road Maintenance Capital Project related Operating & Maintenance Costs 4/23/2013 16.A.13. Project Name: US 41 & CR 951 Major Intersection Improvements The associated operating and maintenance costs relate only to the additional costs that would result from the improvements. Costs Life Expectancy Cost /v oPipe 91W N0 netdlfiereaa -. - 18 24 30 36 42 48 FT 0 0 0. 0. 0 0. TV and Clean Cost per ft $ 3.00 $ 3.50 $ 6.00 $ 7.00 $ 9.00 $ 10.00 Cost $ $ $ $ $ $ $ 15 $ - Slip Lining Cost per ft $ 42.00 $ 51.00 $ 82.00 $ 125.00 $ 145.00 $ 160.00 Cost $ $ $ $ $ $ $ 35 $ - N76Mdtta- y!t�ID ttetilllferMt��`rsa"'=G`Y'��' Rural Urban Acres 0 0 Rural cost Per acre $ 13.25 $ 45.00 cycles 12 26 Cost $ $ $ N/A $ - Sidewalk -Mo net dlfference SQ FT 0 SQ Yds cost per sq yds $100.00 Cost $ $ 30 $ - Actual linear ft 3,800: Cost Per linear ft - $ 18.00 Cost $ 68,400.00 $ 68,400.00 30 $ 2,280.00 Asphalt .:. -. :. Rural Resid. Actual linear ft 0 Cost Per linear ft $ 14.50 Cost $ $ 30 $ - Urban Coll. Actual linear ft 1,900 Cost Per linear ft $ 16.00 Cost $ 30,400.00 $ 30,400.00 15 $ 2,026.67 Stripe, /Marking . s�:�....e.��._, �x� y m .?s,? :.,.. N.�......,_....i'- ....,. �._.. • .-...� .. Actual quantities Per Ln FT 1,900 _ Stripe/ Markings cost per Ln ft $ 2.39 Cost per Ln ft $ 4,541.00 $ 4,541.00 4 $ 1,135.25 1 rows/Marking9 `�* <_: .-' Message Arrow Actual quantities 10 14 Arrows/ Markings per sq ft 200 238 Cost per sq ft $ 3.00 $ 3.00 Cost $ 6,000.00 $ 9,996.00 $ 15,996.00 4 $ 3,999.00 Vegetation TrimrMnditmoyal =Wo net difference Actual ft 0 Cost Per ft $ 2.20 Cost $ S - 5 $ - fence /hate -No net difference -. _: Actual ft 0 Cost Per ft $ 25.00 Cost $ $ - 30 $ - Packet Page -797- W no v,..