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Agenda 09/11/2012 Item #16A13Recommendation to approve and authorize the Agreement with Florida Department of Transpi FDOT resurfacing project on SR951 from Fidd (US41), along with the County's US -41 and SRK of $994,640; to execute a Resolution memorializ the necessary budget amendment. 91!, 2012 Item 1 6.11. ' airman to sign a Joint Participation tion (FDOT) for CEI services on the s Creek Parkway to South of SR 90 051 intersection project in the amount the Board's action; and, to authorize OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the Chairman to sign a Joint Participation Agree ent (JPA) with Florida Department of Transportation (FDOT) to receive reimbursement 0 CEI services; to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment. CONSIDERATION: On November 10, 2009, the County entered into a Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) to allow the County to include and complete a FDOT resurfacing project from Fiddler's Creek Parkway to south of SR 90 (US41) as part of the County's intersection improvement project at the intersection of SR/CR 951 and US41. The two projects are: • Resurfacing Project (FM #425209 -1- 5.8/68 -01) – Construction and CEI • Intersection Improvements (FM# 428147- 1- 58 -01) – Construction only The MO .A_ further states that the County and the FDOT are willing to enter into a Joint Participation Agreement (JPA) detailing the reimbursement terms for the Resurfacing Project. This JPA only addresses the reimbursement terms for the CEI services component of the Resurfacing Projec., which is funded in the amount of $994,640.00 The CE services will include pre - construction Value Engineering and C©nstructability review tasks which will be covered up to $25.000.00 by FDOT. The remaininE, amount of funding in the CEI JPA will be applied to services during construction. An amendment to this JPA will be brought to the Board for approval for the construction reimbursement funding portion of the Resurfacing Project in 2013. The FDOT's construction funding for both the Resurfacing Project and Intersection Improvement projects is anticipated to be $9,961,824.00. FISCAL IMPACT: A budget amendment is required to recognize the JPA agreement revenue in the amount of $994,640.00 for FY 2012 in Transportation Grant Fund 711, Project 60116. GROWTH MANAGEMENT IMPACT: The requested intersection improvements are consistent with Growth Management objectives and produce no negative impact. 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. Packet Page - 1790- 211" 2 Item 1 F.Z, RECOMMENILA JON Tna-, tn. iicarc o: ;:ouni- �omnusswiiie.: (E-- anpil-weli anc authorizes the --hairman U sign the attacnec Join; Participatior. Agreement wits Florida Department of Transportation (FDOT) to furnish CEI services necessary to complete the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR 90 (US41), along with the County's US41 and SR/CR951 intersection project; executes a Resolution memorializing the Board's action; and, authorizes the necessary budget amendment. Prepared By: Marlene Messam, Senior Project Manager; Transportation Engineering Attachments: 1) JPA; 2) Resolution; 3) Funding letter from FDOT Packet Page -1791- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13. Item Summary: Recommendation to approve and authorize the Chairman to sign a Joint Participation Agreement with Florida Department of Transportation (FDOT) for CEI 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 in the amount of $994,640; to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment. Meeting Date: 9/11/2012 Prepared By Name: MessamMarlene Title: Project Manager, Senior,Transportation Engineering 7/23/2012 3:47:42 PM Submitted by Titie: Project Manager, Senior,Transportation Engineering Name: MessamMarlene 7/23/2012 3:47:46 PM Approved By Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 8/10/2012 6:58:11 AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 8/10/2012 9:49:19 AM Name: LynchDiane Title: Administrative Assistant Date: 8/10/2012 10:28:58 AM Packet Page -1792- Name: Wardil--eisey Title: Manager - Contracts Administration,Purchasing & Ge Date: 8/14/2012 11:43:37 AM Name: TaylorLisa Title: Management /Budget Analyst,Transportation Administr Date: 8/15/2012 3:21:39 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 8/16/2012 10:52:33 AM Name: ShueGene Date: 8/17/2012 3:39:32 PM Name: CummingsRhonda Title: Contracts Specialist,Purchasing & General Services Date: 8/23/2012 5:44:27 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/24/2012 9:40:48 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/27/2012 10:15:20 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 9/4/2012 3:17:40 PM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 9/4/2012 3:53:48 PM Name: KlatzkowJeff Title: County Attorney Date: 9/4/2012 4:43:41 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 9/4/2012 6:11:50 PM Name: OchsLeo Packet Page -1793- Titie: County Manage. Date: 9/4/2012 9:13:05 PM Packet Page -1794- rr�.. RESOLUTION 200I:- A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS 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 ENGINEERING INSPECTION (CEI) SERVICES AS PART OF FDOT'S REIMBURSEMENT TO THE COUNTY AS PART OF THE COST OF THE RESURFACING PROJECT AND AUTHORIZING THE CHAIRMAN TO SIGN THE JPA. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Joint Participation Agreement ( "JPA ") 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 Engineering and Inspection (CEI) services of the Resurfacing Project up to a maximum amount of $994,640.00, which sum is programmed into FDOT`s Adopted WorklProgram under FM# 425209- 1 -68 -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: The Board of County Commissioners approves the Joint Participation Agreement and authorizes its Chairman to execute the Agreement on its behalf. 2. The Collier County Clerk of Court 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. Packet Page -1795- this I ``' clay of September,'G I ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By FRED W. COYLE, CHAIRMAN Packet Page -1796- q��� �'�nA•. I1c �� ( an I-Mi' 425209 16b (i ur)Uarec version: June, 2(;',_ Page i of i. Financial Management No.: Fund: DS Function: 215 FLAIR Approp: 088797 425209 -1- 68- 01 FLAIR Obj.: 131551 Agency: Collier Count y Contract Amount: $994,640.00 } Org. Code: 55014010106 Contract No: Vendor No.: 1,59- 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 _ _, 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 I`I'NESSETH: WHEREAS, the Parties have been granted specific. Legislative Authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and VA%HERFAS the LOCAL GOVERNMENT by Resolution No. dated thr 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 l=ive 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 - 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. Packet Page -1797- 0 0 Pa'G"t. I of I WHEREAS, the intent of this Agreement is to establish the terms and conditions o{. 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 1, 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 tale parties in perpetuity for maintenance responsibilities of tile LOCAL GOVERNMENT. SNTZVICE' AN1? PETL1 {C }RN:�rNCFE A. The LOCAL GOVERNMENT shall furnish the services to construct the Project. Th;: Project consist of: Construction Engineering and Inspection (CEI) services of SP, 951 (Collier Boulevard) From f=iddier's Creek Parkway 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 r•eciuiring 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 -1798- 11 piv5;• 4252V, 68 uI Limned versioi.: iun: 20! Faux 3 0C 1 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 connection, right of way utilization, storm -water discharge and utilities, and this Agreement is deemed to constitute such permits. F. "file LOCAL, GOVERNMENT shall hire a CEI using the LOCAL GOVERNMENT'S normal RFP (CC:NA) 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 or worl; 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. 1 -1. 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 wort: 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 -1799- t'agC -r of 1.-: 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 $994,640.00 (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 onl.v after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 3>4.044(29), F.S., or by the Department of Financial Services under Seetior 21 5,422(14), F.S. ii) Invoice,, must be based on quantifiable, measurable and verifiable units of deiiverables as specified in Paragraph --.A. and in Exhibit "A ", Scope oil' Services. Supporting documentatior must establisi, tha' th,e deliverable; were received and accemed ie writim-, h,= th1', LOCAL GOVERNMENT and must also establish tha' the required minimum level of service to be performed as specified in Paragraph 2.8. was mc., and that the criteria far 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 Department's Travel Form No. 300 - 000 -01 and will be paid in accordance with Section 1 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 -1800- F,M0 42S20,• 1 6" 6 U'pdated version iLlm: 201 Page 5 of 1 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 delaN ir,, the payment. 'I'll-, invoic 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 obtaininb timely paymcnt(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 terns 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 A the LOCAL GOVERNMENT'S general accounting records and the Project records, vagefher 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 Ga Packet Page -1801- Page b of 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 (TWENTY- FIVE-. 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 bc rendered or agreed to be paid for in succeeding fiscal years; and (.his paragraph shall be incorporated verbatim ir: all contracts of the DEPARTMENT which, arc ic­ an amount in excess of ) ?- .0�0.00 anc� wi�icrt have a te�rr, ror perioc' of more than one R) yea:." H. The DEPARTMENT'S performance and obligation to pay under this contract is contingem upon an annual appropriation by the Florida Legislature. The parties agree that in the event funds a�.� not appropriated to the DEPARTMENT for the Project, this Agreement may he terminated, which shall be effective upon the DEPAR'T'MENT giving notice to the LOCAL, GOVERNMENT to that effect. 1. 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. MONI'T'ORING 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 OM13 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 DEPAR'T'MENT Packet Page -1802- F W`.i 425209 1 G1, 0 Page 7 of 15 L U 1)6=0 VC- rsior;: J une 201 < 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 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 L.00AL.. GOVERNMENT shall consider all sources of Federal awards, including Federal resources received from the DEPARTMENT. The determination of amounts of I`cderal awards expended should be in accordance with tirt guidelines established by OMB Circular A -133, as revised. An audit of the LOCAL GOVERNMENT conducted by the Auditor Gencral in accordance with the provisions OMB Circular A -133.. as revised, will meet the requirements of this pars. 1 In connection with the audit requirements addressed in Par,, 1, 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 loss than $500,000 in Fedcral 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-] 33., 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 It: STATE FUNDED Recipients of state funds (i.e, a nonstate entity as defined by Section 215.97(2)(11), Florida Statutes) are to have audits done annually using the following criteria: Packet Page -1803- FKV ;2520'. i GS 0 Pae,c 8 of 15 Updaled versloi :. Jun, 201'-, 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 11, 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. ;. 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 ar- audil conducted in accordance vx ith the provision: of Section 215.97, FioricL Statutes, tnt cost of tnc audit must be pai(; from the nonstate entity's resources (i.e., the cost of such ar audit must be paid from the LOCAL. GOVERNMENT resources obtained fron other than State entities). 4. Stag: awards are to be identified using the Cataloo 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. PART IV: REPORT SUBMISSION Packet Page -1804- TW4 42 -20( G , 0 Page 9 of' I: rat r, Ar Updaieo version: jun; 207 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to 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`f' 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. _. in the event that a copy of the reporting package for an audit required by PART I of this Agrecment 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, tine 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 1004I Daniels Parkway Fort Myers, Florida 33913 Packet Page -1805- Page 10 of' 3. Copies of financial reporting packages required by PART 11 of this Agreement shall be submitted by or on behalf of the LOCAL GOVERNMENT directlti, to each of the following: A. The DEPARTMENT at the following address: Florida Depatlrnent of Transportation Attn: Karen A. Miracola, District JPAiLFA 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 I 1 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 o� behalf of the LOCAL GOVERNMENT directly to: A The DEPARTMENT at the following address: Florida Department of "Transportation Attn: Karen A. Miracola, District .IPA /I.T-A Coordinator 1004' I�aniei; �ari;wa Fort Myers, Florida 3391 5. Any reports, management letters, or other information required to be submitted to the DEPARTMENT pursuant to this Agreement shall be submitted timer, in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 {local .-overnmental 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 that audit working papers are made available to the DEPARTMENT, or its designee, CFO, Packet Page -1806- .FMtr 425204 1 68 0- Page I I of Is 4 � _ Upuated version: June 201-' or Auditor General upon request for a period of at least five (S) 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 DEPAR'T'MENT agree that the LOCAI, GOVERNMENT, its employees, and subcontractors are not agents of the DEPARTMENT as a result oCthis Contrac E. A person or affiliate wlhe leas 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. GOVERNMENT shall be placed in either voluntary or involuntary bankruptcy. The Packet Page -1807- =tit _ CS. . �'� 4;. :�are� V�r:;10r iut 1'agc 1; oC 1 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 notifi 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 oniy for that work satisfactorily performed for which costs can be F substantiated. Such payment, however, rnav not exceed an amount which is the same percentage of to . contract price ac. tiu, amount o1 wori:. satisfactorii� cornpictcc is a percentage o '" the tota' wort called for by this Agreemen!. All work in progress will become the nroperty of the DEPARTMf:1�' -r and will be turned over promptly by the LOCAL GOVERNMENT. 6. MISCELLANEOUS A. All words used herein in tite 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. Tile 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 DEPAR'T'MENT 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. Packet Page -1808- F"W 425209 1 6S 0 Vpdateu versio; :.1unc 201 Page 13 of 15 - 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 L.00AI. 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. ;',ny provision herein determined by a court of competent jurisdiction. or an, other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder, of this Agreement shall remain it-, full force. and effect, provide 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. Tile 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 -1809- Mr- -:v 2U` ui: G mate" vcrsior;.. ur,; 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. 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 1 Collier County Rick J. Arice, P.E. I Marlene Messam, P.E. i Proiect Manager I Senior Proiect Manapoi 1004 1 DanielsYarkNvay 2885 Horseshoe Drive South j Nit„�rc r I,.,-i�i� ^�a' Name .Florida: 34 10'' Packet Page -1810- FMS 425209 1 68 0: Pap 15 of 15 Uudatca version: June 201-` IN WITNESS WHEREOF, the LOCAL GOVERNMENT has executed this Agreement this day of 2012, and the DEPARTMENT has executed this Agreement this day of '2012. CHAIRMAN OR DESIGNEE BOARD OF COUNTY COMMISSIONERS By: Name: "Title: As approved by the Board on: Attest: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Bv: Name: Title: Attest: ExeCLitlVe Secretary Legal Review 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 -1811- 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 inciuded in the Scope of Services are as follows: i. Provide a ConstructabilityNalue 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 -1812- c Provide all software anc hardwar: necessary i( efficientiv and effectively : arr- out tn: 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 -1813- 0li 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 GOVERNMF NI' 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 1 Packet Page -1814- 0, 1., A 17 "f n �; a 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, 2015, Pace 1 of 1 Packet Page -1815- 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 I.JS 41 /SR 90 FINANCIAL MANAGEMENT ID# 425209 l 68 01 In accordance with the Terms and Conditions of the JOINT PARTICIPATION AGREEM11INT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of 20 By: Namc: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE lit accordance with the "berms and Conditions of the JOINT PARTICIPATION AGREEMENT. th undersigned hereby certifies that all wom whici, originally required certification by a Professional I n;uineer has been coninicted in compliance with the Project construction plans and specifications. 11' any deviations have been made from the approved plans, a list of all deviations, along; with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the LOCAL. GOVERNMENT shall furnish the DEPARTMENT a set of "as- built" plans certified by the Engineer of Record /CEI, By: , P.I. SEAL: Name: Date: Page I of I Packet Page -1816- 9/� �/2r'R? 1tAm 16.x. EXHIBIT "E" FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: t Federal Program (lis( Fedel•al ag.pilej, C}T l l 1P fF'4 Sa/ Dn z sti �. i 1 'ail tale and number) - (am(Unt} II COM'Lm 11C-Ef" AQUIREMENTS 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 serslices%purposes Tesources must be used J o7') 2. Second applicable compliance requiremem (e.g., elil;ibility requirements fnr 1•eci1)ie171S Of the resource'). 3. Etc. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCE` FO)Z FEDEi�AL, PROGRAMS. Federal Program (list Federal ygencv Cutulo,�,, of Federal Domestic: ris.s•isyance title and number) - $amoun SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Project (list State awaz-ding agency, Catalog of State Financial Assistance title and number) - S (alno7mt) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Page 1 of 1 Packet Page -1817- w RICK SCOTT 10041 Daniels Parkway ANANTH I'RASAU, P.E. GOVERNOR Fort Nlvers. Florida 33913 SECRETARY July 11, 2012 Marlene A. Messam, P.E. Senior Project Manager Collier County Transportation ";z.. Dwa 2885 Horseshoe Drive South Naples, Florida 34104 RE: FM# 425209- 1 -58 -01 SR 951 (Collier Blvd) from S of Fiddlers Creek Parkway to South of US 41 /SR 90 resurfacing project and FM# 428147- 1 -58 -01 SR 951 (Collier Blvd) @ US 41 intersection modification Dear Ms. Messam: This letter serves as confirmation that the department agrees to allow county to bid and award one construction contract for both FM #'s 425209 -1- 58/68 -01 and FM# 428147- 1 -58 -01 projects. However, since they are programmed with different funding sources we will enter into two separate agreements with the county. This still will allow financial flexibility between projects. FM# 425209 -1- 58/68 -01 is funded for eonstruction/CEI in amount of 57,775,576. FM 428147- 1-5(1-011 it funded for construction via County Incentive Grant Program 0C1GW in amount of �.18u,8 u funding witn fund portior . Arnoun or ocai mater: is aeterminec: D., latest der)artmen cost estimate of the project. County incentive grant program (CIGP) has a required 50 °ra local match. The department understands the county will be production ready in the department's fourth quarter of 2013 (April-June). County will receive a JPA and CIGP agreement for review and execution in February /March. 2013. If 1 can be of further assistance, please give me a call at (239) 461 -4300 or e -mail at (karen.miracola @dot. state, fl.us). Sincerely, , ' � aren A. Miracola ` "� ,District LFA /JPA Coordinator Cc: Jay Ahmad, Collier County Transportation Engineering Director Joe Lauk, FDOT Design Project Manager, MS 1 Rick J. Arico, Project Manager, MS 1 -98 www.dot.state.fl.us Packet Page -1818-