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Agenda 05/26/2009 Item #16B 1 Agenda Item No. 1681 May 26, 2009 Page 1 of 28 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $233,000 for street lighting installation in Everglades City along CR29 (Collier Ave) and along Broadway from the Town Center east to CR29 (FDOT Project #420885-1-58-01). OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution to approve the attached FOOT Local Agency Program (LAP) Agreement in the amount of $233,000 for installation and construction of street lighting in Everglades City along CR29 (Collier Ave.) and along Broadway from the Town Center east to CR29. CONSIDERATIONS: The FOOT is willing to enter into a LAP Agreement with Collier County, wherein FOOT will reimburse Collier County up to the sum of $233,000 for installation and construction of street lighting in Everglades City along CR29 (Collier Ave.) and along Broadway from the Town Center east to CR29. FISCAL IMPACT: A budget amendment is required in the amount of $233,000 from the Transportation Supported Gas Tax Fund 313, Project 60179 for reimbursement of FDOT LAP Agreement project for street lighting installation. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action.-SRT GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached Resolution, (2) authorize the Chairman of the Board of County Commissioners to execute the attached Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $233,000 for installation and construction of street lighting in Everglades City along CR29 (Collier Ave.) and along Broadway from the Town Center east to CR29 and (3) to approve the necessary budget amendment to recognize these funds. Prepared By: Michael Greene, P .E., Planning Manager, Transportation Planning Department Attachments: 1) Resolution; 2) FDOT Lap Agreement #420885-1-58-01; 3) Location Map; 4) Operation & Maintenance Agreement ,,-... Page lof2 Agenda Item No. 1681 May 26,2009 Page 2 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B1 Meeting Date: Recommendation that the Board of County Commissioners approves a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation (FOOT) in which Collier County would be reimbursed up to $233,000 for street lighting installation in Everglades City along CR29 (Collier Avenue) and along Broadway from the Town Center east to CR29 (FDOT Project #420885-1-58-01). 5/26/2009 90000 AM Prepared By Michael Greene Project Manager Transportation Engineering & Construction Management Date Transportation Services 3/30/2009 1 :24:45 PM Approved By Nick Casalan9uida Transportation Services MPO Director Date Transportation Planning 3/31/20094:02 PM Approved By ScottR. Teach Assistant County Attorney County Attorney Office Date County Attorney 4/1/200911:12 AM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 4/2/20098:50 AM Approved By Gloria Herrera Management/Budget Analyst Stormwater Management Date Transportation Services 4/7/200910:08 AM Approved By Michael Greene Project Manager Transportation Engineering & Construction Management Date Transportation Services 4/8/2009 8:36 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin, 4/29/20094:25 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Transportation Services Admin. Date Transportation Services 5/4/2009 1 :46 PM Approved By Robert W. Tipton, P.E. Transportation Services Traffic Operations Director Traffic Operations Date 5/5/2009 8:19 AM Approved By Therese Stanley Grants Coordinator Date fiIe://C:\AgendaTest\ExDort\130-Mav%2026.%202009\ 16.%20CONSRNT%20AGRNDA \ I... .,//0//009 Page 2 of2 Agenda Item No. 16B1 May 26, 2009 Page 3 of 28 Transportation Transportation Administration 5/8/2009 1 :28 PM Approved By Pat Lehnhard Executive Secretary Transportation Services Admin Date Transportation Services 5/8/20092:46 PM Approved By Susan Usher Senior Management/Budget Analyst Office of Management & Budget Date County Manager's Office 5/14/20092:47 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/15/20096:44 PM fi1e://C:\AgendaTest\Export\ 130-Mav%2026,%202009\ 16. %20CONSENT%20AGENDA \ 1 ... 5/20/2009 Agenda Item No. 1681 May 26, 2009 Page 4 of 28 RESOLUTION NO. 2009. A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING ITS APPROVAL OF A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF ROADWAY STREET LIGHTING FROM THE TOWN CENTER (BROADWAY AND COPELAND AVE.) EAST ALONG BROADWAY EAST AND mEN NORTH ALONG CR 29 (COLLIER AVE.) UP TO RIVERVIEW LANE AND AUTHORIZING ITS CHAIRMAN TO EXECUTE THE AGREEMENT. WHEREAS, the Collier County Board of County Commissioners approved entering into a Local Agency Program Agreement (the "Agreement" / FPN: 420885-1-58-01 with the Florida Department of Transportation ("FOOT") whereby FDOT will reimburse Collier County up to the sum of $233,000.00 of a total estimated construction cost of $233,000.00 for the installation of roadway street lighting from the Town Center (Broadway and Copeland Ave.) east along Broadway East and then north along CR 29 (Collier Ave.) up to Riverview Lane; and WHEREAS, FDOT requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote approving the Agreement and authorizing its Chairman to execute the Agreement; and WHEREAS, the Collier Cowrty Board of County Commissioners finds that it is in the public interest to install and construct the aforementioned roadway street lighting and enter into the Agreement. 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 aforementioned Agreement with FOOT. 2. A certified copy of this Resolution shall be forwarded to FOOT along with the Agreement for execution by IDOl'. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 14th day of April, 2009. ATTEST: DWIGHT E. BROCK, Clerk By: ~ Deputy Clerk A~~ wP::;:::::Cieoor. Scott R. Teac~ Deputy County Attorney Agenda Item No. 1681 May 26, 2009 Page 5 of 28 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ~ FLORIDA By: DONNA FIALA. Chairman STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26,2009 Page 6 of 28 525-01 [l..4O PROJECT MANAGEMENT OFFICE 02109 Page 1 FPN: 420885-1-58-01 Fund: Federal No: Org Code: FPN: Fund: Federal No: OrgCode: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No:03 Contract No: Data Universal Number System (DUNS) No: 80-939-7102 Catatog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR APPfOp; FLAIR Obj: FLAIR Approp: FLAIR Db): Vendor No: F 596000558004 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 34112 hereinafter called the Agency. W , T N E SSE.T H: 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 im plementation 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 IiQhtino and as further described in Exhibit" N 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, 8, 1 and RL are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as descr1bed In Exhibit "N with all pract1car dispatch, in a sound, economical. and efficient manner, and in accordance with the provisions herein, and all applicable Jaws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals. standards, and directives as described in the Department's Local Aoency Prooram Manual, which by this reference is made a part hereof as if fully sel forth herein. Time is of the essence as to each and every obligation LInder 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 Unbllled Funds If Agency fails to timely perfonn 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 !he project. No other funds will be provided by the Department Agency waives the right to contest such remoyal of funds by the Department, if said removal is directly relaled 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. ST A TE OF rLORIOA DEPARTMENT OF TRANSPORT ATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26,2009 Page 7 of 28 525.01 0-4ll PROJeCT MANAGt;UENT OFFICE 02/09 P-Il" 2 Removal of All Funds If all funds are removed from the project. jn~uding 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 December 31. 2010. 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, Stat., and Local Laws: In the event that any election, referendum, approval. permit, notice or other proceeding or authorizatlon is requisite under applicable law to enable the Agency to enter tnto this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency wllllnitiate 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 (FI-M'A) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 233.000.00. 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 "S." This amount includes federal-aid funds which are limited to the actual amount of federal- aid partictpation. 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 LegislattJre. 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 'S" 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 Mutti-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: STATE OF FLORIDA DEPARTMENT or TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 16B1 May 26, 2009 Page 8 of 28 525-010-.0 PROJECT MANAGEMENT OFFICE 021O~ 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 Of 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 NoticHo-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed Trom 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 FHW A 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 an 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 alf 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 ~ 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. STATE OF FLORlOA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 16B1 May 26, 2009 Page 9 of 28 525.01""'0 PROJECT MANAGEIAENT OFFICE 02/OS Poge 4 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: 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 revielNS of audits conducted In accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limit~d to, on-site visits by Department staff, Hmited scope audits as defined by OMS 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 Deparnnent 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 FOOT's Office of Inspector General (OIG), and the Chief Flnancia~ Officer (CFO) or Auditor General. Audits Part f - Federally Funded: Recipients of federal funds (I.e., state. local government or non-profit organizations as defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit ~1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In detennining the federal awards expended in its fiscal year, the recipient shall consider alt 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 OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS 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 responslblUties 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 OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMS 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 II . State Funded: Recipients of state funds (I.e., a non-state entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1. in the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year 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~profrt 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 Slate 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. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shan ensure that the audit complies with the requirements of Section 215.97(7}, Florida Statutes. This includes submission of a STAn: OF FLORIDA DEPAR'BAENT OF TRA.NSPORTATlON LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26,2009 Page 10 of 28 625-01C>.40 PROJECT hMNAGEM:;:NT OFFlCE 02109 PagA5 financial reporting package as defined by Section 215.97(2) (d), Aorida Statutes, and Chapters 10.550 (local governmental entities} or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance wilh the provisions of Section 215.97, Florida Stetutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provIsions of Section 215.97, Florida Statutes, tf1e 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). 4. State awards are 10 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 limrl the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state officiaL Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMS Circular A- 133. as revised, by or on behalf of the recipient directly to each of the foHowing: a) The Department at each of the following address(es): Michene S. Peronto 801 North Broadway Avenue Bartow, Florida 33830 b) The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMS Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entitles in accordance with Sections .320 (e) and (f), OMS Circular A.133, as revlsed. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMS Circular A-133, as revised, is not required to be submItted to the Department for reasons pursuant to Section .320 (e)(2), OMS 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 F-ederal Awards directl~ to each of the fonowing: Michelle S. Peronto 801 North Broadway Avenue Bartow, Florida 33830 In addition, pursuant to Section .320 (f), OMS Circular A-133, as revised, the recipient shall submit a copy of the fInancial reporting package described in Section .320 (c), OMS Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: STATE OF FLORIDA OEPARTt.11:NT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 16B1 May 26, 2009 Page 11 of 28 52>OIQ.<lO' PROJECT IoAANAGEMENT OFFICE 021119 PS!j1" 6 Michelle S. Peronto 801 North Broadway Avenue Bartow, Florida 33830 3. Copies of the financial reporting package required by Part 11 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the foUowing: a) The Department at each of the following addressees): 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 ~uired by Part III of this Agreement shall be submitted by or on behalf of the recipient directlv to: a) The Department at each of the following addressees): Michelle S. Peronto 801 North Brqadway Avenue Bartow. Florida 33830 5. Any reports, Management Letters, or other infonnation required to be submitted 10 the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMS 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 OMS 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 Of its designee. the state CFO or Auditor General access to such records upon request. The recipient shaH ensure that the independent audit documentation is made available to the. Department, or its designee, the state CFO Of Auditor General upon request for a period of at least 5 years from the date the audit report is rssued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to penn it. the Department's authorized representatives and authorized agents of FH'vVA 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- ST"rE OF FLORIDA DEl'AAnAENT OF TRANSPORTATION LOCAl AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26, 2009 Page 12 of 28 525.01G-4ll PROJECT UANAGEW'JIT OI'Flce 020\)9 Paga 7 of-way, the Agency must submit to the Department an annual report of its real property. acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basIs, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, Including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Trave'" of !:he Department's Disbursement Ooerations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project complel:ion, 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 paragraptl shall not be considered a breach of contract by the Department. . 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment If: . 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in Its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved: 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 o.fautt: 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 "S" 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 GeneraUy; The Department may, by written notice to the Agency, suspend any or an STATE OF FLORI!>>. DEPARTI.IEUT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26, 2009 Page 13 of 28 52<>-01 iJ.4O PROJECT MANAGEMEtJT OFFICI: 02109 Pag..e of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected 0; the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agancy 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 defidency 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 percenlage of the project satisfactorily performed for \lllhich 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 prompUy 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) fumish 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 tatest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions. imposed by the Department upon the failure of the Agency to fumish the schedule, plan, ahd estimate within a reasonable time. The c1osir:lg-out of federal financial ~articipation 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 shalf 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 attomey shalf certify ~o the Department that selection has been accomplished In compliance with the Consultants' Competitive Negotiation Act. 10.00 Dlsa~vantaged 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 wJth Department funds under this Agreement The D8E 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 participCilte in the performance of this Agreement. In this regard, an recipients and contractors shall take all necessary and reasonable slaps in accordance with applicable federal and state laws and regulations lo 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, STATE OF FLORIDA OEP.t.lm.lENT OF TRANSPORTAnON LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26, 2009 Page 14 of 28 52 5-(111)olO PROJECT W,NAGEMENT CFFfCE 02109 Page t nationa[ origin or sex in the award and performance of contracts, ente~d. Rl,IrSl,Jilnt to this Agreement. Furthermore, the Agency agrees that: {a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must Include the following assurance: "The recipient shall not discriminate on the basis of race. color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable sleps under 49- C.FR 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 tenns 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 anellor 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 contraclors 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 certlfl.cation 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 .Certiflcation 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 payor 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 supplfes 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 shalt 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 comp~y with all the requirements as imposed by 5T A T~ OF Fl..ORlDA OEPAR1l.IENT OF TRANSPORT A TlO'" LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26, 2009 Page 15 of 28 525-Dl~ PROJECT Io,4ANAGEt.ENT OFFICE DZIOi Pag.H) the ADA. the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public worK; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, SlJppUer. 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 prolfided in Section 267.017, 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 entlty; 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 propel"ty to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any pubUc entity; and may not transact business with any pubHc entity. 12.06 Suspension. Revocation. Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of QuaUfication suspended. revoked, denied or have further been detennined by the Department to be a non--responsible contractor may not submit a bid or perfonn work for the construction or repair of a public building or publiC work on a contract with the Agency. 12.Q7 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 localtty relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered Into In c~mnection 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 indlrect, 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 govemmental 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 penn its. 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. STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26,2009 Page 16 of 28 525-01D-40 PROJECT ......NAGEI.eNT OFFICE D2IG9 Pttge " 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 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. 13.08 Plans and Specfficatlons: In the event that this Agreement involves constructing and equipping of facitlUes on the Slate Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department win 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 cQmments and recommendations to the Department's satisfaction, the Department wirl 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. 13.09 Right-of-Way Certification: Upon completion of righl-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. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Fonnat: AU words used herein tn the singular fonn shall extend to and include the plural. All words used in the plural form shall elCtend to and include the singular. All words used in any gender shan extend to and include all genders. 13.12 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 sam e instrument. 13.13 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 federat 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 sub recipients shall certify and disclose accordingly. STATE or ~lORIOADEP"'RTt.AENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26, 2009 Page 17 of 28 525-010.40 PROJECTt.IAl-lAGEMENT OFFICE 02109 Psge 12 State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.14 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 [gl will D will not maintain the improvements made for their useful life. 13.15 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 advooate for Agencies who may be experiencing prOblems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850413-5516 or by cafling the State Comptroller's Hotfine. 877-693-5236. 13.16 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal gu~delines, 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 Agency and FHW A requires relmbursement 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. STATE OF FlORIDA DEPARTMENT OF TRANSPORTATlOt.I LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26, 2009 Page 18 of 28 52S.()10-40 PROJE.CT MANJ>.GEMENT OFFICE 0210ll Page 13 IN WITNESS WHEREOF, the part~es have caused these presents to be executed the day and year first above written. AGENCY COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: BoCC Chairman or Designee By: Name: Dick Combs Title: Director of Transportation Development Attest: TiUe: Executive Secretary As to form: As to form: ~i-/?J--l Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. Agenda Item No. 1681 May 26, 2009 Page 19 of 28 STATE OF FLORIDA CaPAJUMEt.lT OF TAANSPORTATIOM LOCAL AGENCY PROGRAM AGREEMENT 525-0 1 D~ PRCJECT MANAGEMENT OFFICE DBIOB Page 14 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 420885-1-58-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Collier County, dated PROJECT LOCATION: The project begins at the Town Center located at the intersection of Broadway and Copeland and continues east to Collier Avenue then continues along Comer Avenue North to Riverview Lane. The project 0 i$ ~ Is not on the National Highway System. The project 0 is r81 is not on the State Highway System. PROJECT DESCRIPTION: Install new roadway street lighting from the Town Center (Broadway and Copeland Ave) east along Broadway E and then north along CR 29 (Collier Ave) up to Riverview Lane. Approximately 16 dual.head, 40' mounting height lights will be placed in the median, 4 single head, 40' mounting height light will be placed around the Town Center and approximately 10 single head, 40' mounting height lights will be placed along Ihe west side of CR 29 (Collier Ave) when the median _, section ends. There are approximately 15 low-level pedestal lights located in the existing median that will be relocated behind the existing sidewalk to the west of CR 29 (Collier Ave). 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 aelion (receipt ana disbursement of funds), any federal or loca/ funding aClion, and the funding action from any other source with respect to the project. No later than at 100% plans submittal, the Agency wilt 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 representattve: 1) Rail Clear Letter 2) Permits Clear Letter 3) Utilities Clear/Coordinated Letter The Agency shaff commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a} Construction contract to be let by Seotember 30. 2009. b) Construction to be completed by December 31. 2010. If this schedule cannot be met, the Agency wiU notify the Department in writing prior to Ssotember 30.2009 with a revised schedule or the project is subject to the withdrawal of federal funding. Agenda Item No. 1681 May 26, 2009 Page 20 of 28 STATE OF 1=LORIOA DEPARTMENT OF TRANSPORT ATleN LOCAL AGENCY PROGRAM AGREEMENT 52S.o10-40 PROJecT MANAGEMENT OFFICE OB!:le Poge 15 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES All work to be conducted outside of the Department Right-af-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 FOOT standard specification for road and bridge construction, 2007 edition as amended, and 2) The FOOT roadway and traffic design standard. 2008 edition as amended and design criteria from the PPM, 2008 edition as amended. For aU projects the following will apply: 1) Section 287.055. F .S, .Consultants Competitive Negotiation Act," when acquiring a consultant utilizing federal funds 2) FOOT "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 flnal 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 09/10 for construction. STATE Of FLOfllDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 16B1 May 26, 2009 Page 21 of 28 525.()10-40 ffiOJECT MANAGEMeNT OFfiCE OBlCfi Page 15 EXHIBIT "Bn SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS Board Of County Commissioners Collier County 3301 Tamiami Trail East Naples, Florida 34112 FPN: 420885-1-58-01 PROJECT DESCRIPTION Name: 1JQ!lli!!g Length: 1.054 miles Termini: Bealn at the Town Center fBroadwav/Cooeland Avenue} and end oroiect at Rlverview Lane and CoHler Avenue This agreement covers the construction phase cost. Funds for the construction phase are available in fiscal year 09/10. 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. FUNDING (1 ) (2) (3) TYPE OF WORK By Fiscal Year TOT AL AGENCY STATE & PROJECT FUNDS FUNDS FEDERAL~UNDS Planning 2008-2009 2009-2010 2010-2011 Total Planning Cost Project DevalQpmlilnt & Environment (PD&E) 2008-2009 2009-2010 2010-2011 Tetal PD&E Cost Design 2008-2009 2009-2010 20~o-2011 Tolal Design Cost Right-of-Way 2008-2009 2009-2010 2010-2011 Total 'liohl-of-Way Cost COflstructlQn 2008.2009 2D09-2010 :0;33.000.00 233.000.00 2D10-2011 2011-2012 Total Construction Cost 233,000.00 233.000.00 Construction Engineering and Inspection (CEI) 2008-2009 2009-2010 2010-2011 Total eEl Cost Total Const'Uction and CEI Costs 233.000.00 233,000.00 TOT AI. COST OF THE PROJECT The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 sl of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. 5T,o, TE Of FLORIDA DEPART~ENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26, 2009 Page 22 of 28 525.010-40 PROJECT MANAGEMENT OFFice 06106 Pa~8 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: $ 233,000.00 Compliance Requirement: Allowable Activitles~ 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, ttle 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 rim!t 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 Tille 4S C.F.R. and the OMS cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal-aid highway program is a federaHy 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 Reservatfon Road (IRR) Program are selected by Trlbai Governments and are approved by the Bureau of Indian Affairs (SIA) and the FHWA. Due to recent legislation, Tribal Govemments 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. STATE OF FLORIDA DEPAATMi:NT 01' TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1681 May 26,2009 Page 23 of 28 525-Q' 0-40 PROJECTMANAGEMENTOFACE OBiD6 P~g. 1 B EXHIBIT "RL" ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) Paragraph 13.14 is expanded by the following: 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement. b) [n maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights buming for any lighting type (e.g., h.gh mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normar wear and tear, accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the facilities (including the pOles and any and all other component parts installed as part of the facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary. c) All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices (MUTCD); and (2} All other applicable local, state or federal laws, rules, resoluUons or ordinances and Department procedures. 2. Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in such formal as is approv&d by the Department. . 3. Default ~n the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement. the Department may exercise one or more of the folJowing options, provided that at no time shall the Department be entitled to receive double recovery of damages: a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, If the Agency fails to cure the non-performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shalf nol be preconditions in the event of an emergency. Agenda Item No. 1681 May 26, 2009 Page 24 of 28 --- STATE OF FLORlOA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010..(0 PROJECT I.4AI-lAGE MENT OFFICE OElO6 Pal)!! '9 EXHIBIT "RL" ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) 4. Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence, provided the party claiming the excuse from performance has: a) PrompUy notified the other party of the occurrence and its estimate duration, b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and c) Resumed performance as soon as possible. 5. Miscellaneous a) The parties understand and agree that the Department has manuals and written poficres and procedures which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that such a Joint agreement exists. this exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b) .Time is of the essence in the performance of alf oblfgations under this RLMA - - f329 t t 35329 I Project Location Map I May 26,2009 Page 25 of 28 95329 105329 15329 115329 4'/ rP~>/ "'~, ,,-:5 " \,<? ,~' v" ,<-'" J ,,/ ,,\<? ","1 ~"" " ! 125329 ~~ --.......-- I ;------' Q~ ~ : cfJ~.~"uT---..~ r . cpY'i,' ~': · ~ .JJ.8!Y!iA,'" ,H' I g. ~, EVERGLADES I :r:: LU' ~ I g"'?{i ~ ' ---'-----,----- cITY"------'f ~ ~, !'f']! I ~ i5. gi I " Oi-, crt, N,,; i lc~~~ut E I ~t C;.L::r' --'--. I ~. ~I $ --,,---.. in ": ~ ' ~ ~;-" g 145329 gs i III '" ~,!-.-.._, Project Limits "'----...-...........~ ""........"'- -.."'-..... .............. "'_c--,..." ---I I, I I I I t ...---. 165329 155329 135329 ~\.-~ ~",0, ,{s"\ , o I t--_rtI I ~, EC AIRPARK RD t --,-_ l . . . I .' I . . I I . . I -_..! PLANTATION PKWY I I I ----. I '. I I I I l.______, I I I . L___ "......---.....,,~ ...............,...... ............... \\ .~" 215329 225329 245329 \ o I I Feet 2,000 I 265329 ~! ~~O-<) ,,~<.., ~.o_ ~~- 1iJ1ll1ll1\l'!1\ :=::WrtGNOLI IIIllilllll\llllnJ .811I1111' ,Il ODE' R& 11II111111I111': :r:t...n.D 1l1I1Ii1l.IIID ======WRUNDAGE, INC. Professional Engincen.1'!anne... & LmdSl1rvcyon; '" '-, -".. ". ", " ""'., N --+ 04/27/2ee9 15:29 23%59579B PAGE a2/l?J4 Agenda Item No. 1681 May 26, 2009 Page 26 of 28 ",P'- INTERLOCAL RQADW A Y LIGHTING ~NTENANCEAGREEMENT TIllS laterloeaJ Roadway M.iDtenant:c Ap-eemeDt is entered into this day of . 2009, by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereafter referred to as the "COUNTY"). and the CITY OF EVERGLADES, a political subdivision of the State of Florida (hereafter referred to as "CITY." WITNESSETH: WHEREAS, the CITY hu a desire to attain additional roadway lighting within its city limits, is capable of maintaining said lighting, is willing to pay for electrical power for th.e lighting, but is not certified by the Florida Department of Transportation as Local Agency Project (LAP) Ce.rti:6ed~ which prevents the CITY from using available federal funding to install such roadway lighting; and WHEREAS, the COUNTY is LAP Certified and willing to manage and admin.ister a federally fW1ded lighting project to install such additional roadway lighting for the CITY; and WHEREAS, the CITY has authorized its undersigned officers to enter into and eX.ecute this Agreement; "..,..,-,. NOW, THEREFORE, in consideration of the premises and the mutual covenants contai.ned hereio, COUNTY and CITY bereby agree as follows: . 1. MaiDtenanee of Facilities a. The CJTY shall maintain all roadway Hgbtin/i currcntly or hereafter loca1ed on Broadway East and Collier Avenue all within the jurisdictional boundaries of the CITY (hereafter referred. to as the "Facilities") througbout its expected useful life, For the purposes of this Agreement, the term Facilities shall also be deem.ed to include, but nOt necessarily be limited to lighting for roadways b. In maintaining the Facilities, the CITY shall perform all activities necessary to keep the Facilities fully operating and properly funaioni:ng at aU times for their normal expected useful life in accordance with the original design thereof, whether nec:est'itated by normal wear and tear~ accidental or intention.al damage, or acts of nature. Said maintenance shall include, but shall not be limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (in.cluding the poles and any and all other component parts installed as part of the Facilities), and locating and marking the Facilities, as may be necessary. c. All m.aintenance shall be in. accordance with the provisions ofth.e following: (1.) Manual of Uniform Traffic Control Devices; and ~ (2) All. other applicable local, state, 01' fedetallaws, rules, resoIutions, 01' ordinances, and COUNTY procedures. B4/2712BEl9 15.: 29 2396595790 Agenda Ire~iNo~?~~' May 26, 2009 Page 27 of 28 d. For lighting ins1aJled as part of the COUNTY managed LAP project, tbe CITY's obligation to maintain shall commence upon the CITY's receipt of notification from the COUNTY that the COUNTY has finally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power shall commence at such time as the lighting system is ready to be en.ergjtcd; provided. however~ that the CITY shall not be required to perform any activities that are the respo'D!lihmties of COUNTY's contractor. Prior to any acceptance by the COUNTY~ the CITY shall have the opponunity to inspect and request modifications/corrections to the instaUation(s) and the COUNTY agrees to undertake those prior. to acceptance so long as the modifications/corrections comply with the contract and specification previously approved by both the COUNTY and the CITY. Z. Comoeasatioll and Payment a. There shall be no compensation by the COUNTY for any portion of the maintenance required by CITY under this Agreemel)t. b. Any amount of con.struction funding required. in excess of the aforementioned LAP federal funding sball be the sole responsibility of the CITY. 3. 'orce Maieure Neither the CITY nor tbe COUNTY shall be liable to the other for any failure to perfonn under this Agreement to the extent such perfom'lance is prevented by an act of God., \Var, riots, natural catastrophe, or other event beyond the co.tltrol of the no}),-performing party and which could not have been avoided or overcome by the eKercise of due diligence; provided that the party claiming the excuse from performance .bas: (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to tbe extent possible, and (c) resumed performance as soon as possible. --"-......, 4. Mist!e)laneouI a. nie CITY shall allow pub.lic access to all documents, papers, letters, or other material su~iect to the provisions of Chapter 119. Florida Statutes, and tn.ade or received by the CITY in conjunction with this Agreement. ~ailure by the CITY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the COUNTY. b. This Agreement constitutes the complete and final ex.pression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings,. or negotiations with respect thereto. c. This Agreement shall be governed by the laws of tbe State of Florida. Any provision hereof fOl.Uld to be unlawful or uneJ)forceable shall be severable and shall not affect the validity of the remaining provisions hereof. d. Time is of the essence in the perfor.mance of all obligations unde.r. this Agrcement. ""''''''''''''''', 04/27/2ae~ 15:29 23%5957~e PAGE. 84Lf14 Agenda Item~o. 1661 May 26, 2009 Page 28 of 28 e. All notices required pUlSU8Dt to the terms hereof may be sent by first class United States Mail. facsimile transmission, hand delivery, or express mail and shall be deemed to have been'received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The CITY shall have a continuing obligation to notify the COUNTY of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be Sent to the following addresses: Everglades City Mayor Sammy Hamilton City Hall, Broadway 00 the Circle Everglades City, FL, 34139 Comer County c/o Robert Tipton. Traffic Operations Director Transportation Division 2885 South Horseshoe Drive Naples. FL 34104 f. Nothing herein shall be construed as a wai,ver of either party's soverei.gn, immunity. g. 1bis contract represents the entire agreement of the parties. Any alterations~ variations, changes, modifications or waivers of provisions of this &it'Cement shalL only be valid when they have been reduced to writing, duly signed by eacb of the partics hereto, and attached to the original oftbis agreement, unless otberwise provided herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effecti,ve the day and year first written. AS TO THE CITY OF EVERGLADES CITY: 8y:4~~~~ MMY T AMTLTON, Mayor A TIEST: DWIGHT E. BROCK., Clerk. ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chainnan Approved as to form an.d legal sufficiency: Scott R. Teach, Deputy County Attorney