Agenda 11/08/2011 Item #16A1811/8/2011 Item 16.A.18.
EXECUTIVE SUMMARY
Recommendation to approve an agreement providing for the donation to Collier County of a Right of
Entry required for the removal and relocation of a fence for a wildlife crossing under Immokalee Road
approximately 2.5 miles east of Oil Well Grade Road. Estimated fiscal Impact: None.
OBJECTIVE:
To approve an agreement providing for the donation to Collier County of a right of entry required for the removal
and relocation of a fence for a wildlife crossing under Immokalee Road approximately 2.5 miles east of Oil Well
Grade Road.
CONSIDERATIONS:
On September 28, 2010, the Board of County Commissioners adopted Resolution No. 2010 -179, approving an
agreement providing for the construction of this experimental wildlife crossing. The agreement provides for the
installation of fencing under the crossing to prevent cattle from crossing the road to adjacent property. The
fencing will be installed within the existing road right -of -way; however, it needs to tie into an existing fence
located on private property owned by Collier Land Holdings, Ltd. The attached Right of Entry Agreement will
allow the County to enter upon this private property to remove, relocate and tie the existing fence into the new
fencing needed for the crossing.
FISCAL IMPACT:
,e1 There is no fiscal impact associated with this item.
�1
GROWTH MANAGEMENT IMPACT:
This acquisition is consistent with the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS:
This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval.
-JAK
RECOMMENDATION:
That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Right of Entry Agreement; and ,
2. Authorize the County Manager or his designee to take the necessary measures to ensure the County's
performance in accordance with the terms and conditions of the attached agreement.
Prepared by: Robert Bosch, ROW Coordinator, TECM
Attachments: 1) Right of Entry Agreement; 2) Location Map, 3) Resolution 2010 -179
Packet Page -601-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.18.
11/8/2011 Item 16.A.18.
Item Summary: Recommendation to approve an agreement providing for the donation to
Collier County of a Right of Entry required for the removal and relocation of a fence for a
wildlife crossing under Immokalee Road approximately 2.5 miles east of Oil Well Grade Road.
Estimated Fiscal Impact: None.
Meeting Date: 11/8/2011
Prepared By
Name: PuigJudy
Title: Operations Analyst, CDES
10/27/2011 2:43:41 PM
Submitted by
Title: Deputy Administrator - GMD,Business Management & Budget Office
Name: CasalanguidaNick
10/27/2011 2:43:43 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 10/27/20113:18:19 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/27/2011 3:36:46 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 10/28/2011 9:53:04 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/28/2011 10:56:48 AM
Packet Page -602-
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2011 1:44:07 PM
11 /8/2011 Item 16.A.18.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/31/20119:31:30 AM
Packet Page -603-
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11/8/2011 Item 16.A.18.
RIGHT OF ENTRY AGREEMENT
COLLIER LAND HOLDINGS, LTD., a Florida limited partnership (formerly known as Collier
Enterprises, Ltd.), whose mailing address is 2550 Goodlette RD. N, #100 Naples, Florida
34103 -2714 (hereinafter referred to as "Owner"), does hereby grant unto COLLIER COUNTY,
a political subdivision of the State of Florida, Its agents, contractors or assigns, whose mailing
address is 3299 Tamiami Trail East, c o the Office of the County Attorney, Suite 800, Naples,
Florida 34112, (hereinafter known as "County"), the temporary license and right to enter upon
the lands of the Owner, more particularly depicted on Exhibit "A," for a period of two year (2)
years from the date hereof, during construction of the wildlife crossing between Station No.
131 +80 and Station No. 159+57 as shown on the plans attached hereto as Exhibit A."
This Right -of -Entry is given for the express purpose of removing existing fencing both north
and south of the existing right- of-way lines of Immokalee Road on Owner's lands, and
installing a new, ten (10) foot high, chain link fence, with barbed wire on top, primarily within
the existing right - of-way but extending also beyond the Immokelee Road right- of-way onto
Owner's lands both north and south of the existing right-of -way, and connecting the new
fencing to Owner's existing fencing.
County shall: (1) fence the wildlife crossing such that cattle are prevented from moving
through the crossing. from one side of the road to the other, and (2) remove the existing fence
where it is being replaced by the new fencing and roll up the old fence and place it on Owner's
property.
The rights and interest granted hereunder are conditioned upon the reasonable exercise
thereof by County. County agrees not to unreasonably interfere with Owner's use of the lands
described in Exhibit "A ".
County shall not unreasonably interfere with Ingress and egress to Owner's lands during the
period of construction of the wildlife crossing.
County's right of entry onto Owner's lands is contingent upon no other provisions, conditions,
or premises other than those so stated above; and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized representatives this /7 day of (1nJ�. pe r
20 �,.
As to Owner.
WITNESSES: COLLIER LAND HOLDINGS, LTD,
r - - ,--_ i a Florida limited partnership
(Signature)
SATS W. oi- F 41
(P 'nt Full Name)'
nature)
w �J
(Print Full Name)
As to County:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
By:
o4 General Paitner Joe,. �
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
App v I sufficiency:
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11/8/2011 Item 16.A.18.
RESOLUTION NO. 2010 - 17 9_
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING THE
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO
EXECUTE, A LOCAL AGENCY PROGRAM AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE
CONSTRUCTION OF AN EXPERIMENTAL WILDIFE CROSSING ON
IMMOKALEE ROAD.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter
into a Local Agency Program Agreement ( "Agreement FPN #426836 -1) ") with Collier County,
wherein FDOT will reimburse Collier County up to the sum of $950,000 for total project cost for
the design and construction of an experimental wildlife crossing at:
CR 846/Immokalee Road, approximately 2.5 miles east of Oil Well Grade Road. An
existing bridge across Camp Keais Strand is located 2.3 miles east of Oil Well Grade
Road. The proposed crossing would be located approximately 981 feet east of the center
of this bridge.
Design and construct an experimental wildlife crossing including funnel fencing for
approximately .5 miles on both sides of the wildlife crossing on CR 846 /Immokalee
n Road. The fencing should be constructed on the north and south sides of CR 846 with its
east terminus located just west of an intersection of 2 farm access roads that are 2807
feet east of the center of the bridge. The fencing should extend westward approximately
2180 feet and should tie into the existing guardrail at its western terminus.
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to construct this wildlife crossing, and that this Agreement is 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, and authorizes its Chairman to sign, the
attached Agreement.
2. The Collier County Clerk shall forward a certified copy of this Resolution to FDOT along
with the Agreement for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
Packet Page -612-
11 /8/2011 Item 16.A.18.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 28`x' day of September, 2010.
ATTEST,
DWIGHT E. BROCK., Clerk
By C
e u Clerk
y
App oMTRM Mind ind legal sufficiency:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W.COYLE, Chairm.An
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3oard Mi6utas and R4CO "
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GtaY of
:DWIGHT E. BRO'.9t. 61: [ OF
Packet Page -613-
11/8/2011 Item 16.A.18.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT oFFIcE
ozros
Page 1
FPN: 426836- 1 -38 -01
Fund: HPR
FLAIR Approp:
Federal No:
Org Code: 55013030152
FLAIR Obj:
FPN: 426836- 1 -58 -01
Fund: HPR
FLAIR Approp:
Federal No:
Org Code: 55014010106
FLAIR Obj:
FPN: 426836- 1 -68 -01
Fund: HPR
FLAIR Approp:
Federal No:
Org Code: 55014010106
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
County No:03
Contract No:
Vendor No: F 596000558004
Data Universal Number System
(DUNS) No: 80- 939 -7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and the Board of County Commissioners, Collier County Florida; 3301 Tamiami Trail East Naples Florida
hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in an
experimental wildlife crossing and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Attachments: Exhibit(s) A, B and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de- certification of said Agency for future LAP
projects.
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11/8/2011 Item 16.A.18.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010 -40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
a2roa
Pape 2 �\
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off - system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before June 29, 2012. If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 950.000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
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11/8/2011 Item 16.A.18.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525. 010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
02/09
Page 3
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice -to- Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice -
to- Proceed from the Department.
3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non - compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non - compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
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11/8/2,011 Item 16.A.18.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
D2ros
Page 4
The administration of resources awarded by the Department to the Agency may be subject to audits and /or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits
by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures /processes deemed appropriate by the Department, In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non - profit organizations as
defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A -133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A -133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must
be paid from non - federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part it - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida
Statutes) are to have audits done annually using the following criteria:
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project - specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non -state entities. State financial assistance does
not include federal direct or pass- through awards and resources received by a non -state entity for federal
program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
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 recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the 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:
Copies of financial reporting packages for audits conducted in accordance with OMB Circular A -133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
A,01�1 a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
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-1 33, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101' 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 financial reporting package 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 each of the following:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
11/8/2011 Item 16.A.18.
525. 010-40
PROJECT MANAGEMENT OFFICE
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3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A -133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A -133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right -
of -way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010-40
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September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350 - 030 -400 (Section 287.058(1)(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
n
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 -day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
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Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the
project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice -of- Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010.40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
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(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate."
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
n the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
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for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non - Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non - responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement. n
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non - compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
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to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-
1273 in all its contracts and subcontracts.
13.08 Right -of -Way Certification: Upon completion of right -of -way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right -of -way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
n accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally- appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally- appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
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13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right -of -way, the Agency ® will ❑ will not
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved,
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850 -413 -5516 or by calling the State Comptroller's Hotline,
877 -693 -5236.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the n
Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department
of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency
from adherence to federal guidelines, procedures, and regulations.
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/�
100\
11/8/2011 Item 16.A.18.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 01040
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
ozros
Page 13
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY COLLIER OUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: ` nF. `... � � By:
Title:._BoCtthairpgrson r. r-designee
Attest:
i e:.Cou CI
A"t as
As to form:
— z /F
Atto y &f- u- s „_ — 9�a,
Attest:
Name: Dick Combs
Title: Director of Transportation Development
Title: Executive Secretary
As to form:
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
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11/8/2011 Item 16.A.18.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010-40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
08/08
Page 14
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 426836 -1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County, dated
PROJECT LOCATION: CR 846 /lmmokalee Road, approximately 2.5 miles east of Oil Well Grade Road. An existing
bridge across Camp Keais Strand is located 2.3 miles east of Oil Well Grade Road. The proposed crossing would be
located approximately 981 feet east of the center of this bridge.
The project II is M is not on the National Highway System.
The project F is M is not on the State Highway System.
PROJECT DESCRIPTION: Design and construct an experimental wildlife crossing including funnel fencing for
approximately .5 miles on both sides of the wildlife crossing on CR 846 /lmmokalee Road. The fencing should be
constructed on the north and south sides of CR 846 with its east terminus located just west of an intersection of 2 farm
access roads that are 2807 feet east of the center of the bridge. The fencing should extend westward approximately 2180
feet and should tie into the existing guardrail at its western terminus.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
No later than at 100% plans submittal, the Agency will submit to the Department the project Bid Package to include
Specifications, updated construction estimate, draft construction contract, completed construction checklist and the
Agency's Certification Clear Package. All items must be reviewed, approved and a Notice to Proceed must be issued by
the Department prior to any construction related activities, including project advertisement. Construction related activities
conducted prior to Notice to Proceed will not be reimbursed and may render the entire project ineligible for federal
funding. The Certification Clear Package must include the following items completed and signed by the authorized
Agency representative:
1) Rail Clear Letter
2) Permits Clear Letter
3) Utilities Clear /Coordinated Letter
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) NIA Study to be completed byN /A.
b) Design Criteria Package to be completed by May 1, 2011.
c) Right -of -Way requirements identified and provided to the Department byMay 1, 2011.
d) Right -of -Way to be certified by May 1. 2011.
e) Construction contract to be let by June 1, 2011.
f) Construction to be completed by June 30, 2012.
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11/8/2011 Item 16.A.18.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
08/08
��. Page 15
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
If this schedule cannot be met, the Agency will notify the Department in writing prior to April 1. 2011 with a revised
schedule or the project is subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right -of -Way shall adhere to
1) The 2007 Florida Greenbook standards, as amended
2) At a minimum follow the LAP Specifications
All work to be conducted within the Department Right -of -Way shall adhere to the following:
1) The FDOT standard specification for road and bridge construction, 2010 edition as amended, and
2) The FDOT roadway and traffic design standard, 2010 edition as amended and design criteria from the PPM,
2010 edition as amended.
For all projects the following will apply:
1) Section 287.055, F.S. "Consultants Competitive Negotiation Act," when acquiring a consultant utilizing federal
funds
2) FDOT Project Development and Environmental Manual
3) The Local Agency Program Manual
The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of
the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525-
010-42). This form must be completed and accepted by the Department prior to payment of the project Final Invoice.
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the construction phase, the Department will have forty -five (45) days after receipt of the Agency's final construction
invoice to review, inspect and approve the construction phase for payment. All other invoices for project phases and all
other progress payments shall be processed in accordance with the Department's procedures and guidelines for invoice
processing. The Agency will provide progress billing invoices to the Department on a minimum of a quarterly basis.
The Agency will be responsible for acquiring all required and applicable permits for the project for review and approval
prior to construction.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently
FY 10/11 for design, construction and CEL
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11/8/2011 Item 16.A.18.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525. 01040
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT O08/0E6
Page 16
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS FPN:
Collier County 426836 -1
Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
PROJECT DESCRIPTION
Name: Experimental Wildlife Crossing Length: Approximately 1 mile
Termini: CR 846 1Immokalee Road
This agreement covers the design criteria package, construction and CEI phase costs. Funds for the design phase are
available in fiscal year 10/11. Funds for the construction and CEI phases are in fiscal year 10/11. No construction phase
work may commence without issuance of a NOTICE TO PROCEED from the Department. Availability of any funds is
subject to legislative approval. The Construction, Engineering and Inspection (CEI) of this project will be funded by the
Department.
TYPE OF WORK By Fiscal Year
FUNDING
(1)
TOTAL
PROJECT FUNDS
(2)
AGENCY
FUNDS
(3)
STATE &
FEDERAL FUNDS
Planning 2010 -2011
2011 -2012
Total Planning Cost
Project Development & Environment (PD &E)
2010 -2011
2011 -2012
Total PD &E Cost
Design 2010 -2011
2011 -2012
Total Design Cost
$45.000.00
$45,000.00
$45,000.00
$45.000.00
Right -of -Way 2010 -2011
2011 -2012
Total Right -of -Way Cost
Construction 2010 -2011
2011 -2012
2012 -2013
Total Construction Cost
$814.000.00
$814.000.00
$814.000.00
$814.000.00
Construction Engineering and Inspection (CEI)
2010 -2011
2011 -2012
2012 -2013
Total Construction and CEI Costs
$91,000.00
$91,000.00
$91,000.00
1
$91,000.00
TOTAL COST OF THE PROJECT
$950,000.00
1
1 $950,000.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the
1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
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11/8/2011 Item 16.A.18.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525. 010.40
LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
oeros
Page 17
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ $950,000,00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local: The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer,
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub - recipient.
Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
state Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
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