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Agenda 07/22/2008 Item #16B13Agenda Item No. 16813 July 22, 2005 Page 1 of 37 EXECUTIVE SUMMARY Recommendation to award Bid #08 -5086 "Immokalee Sidewalk Improvements" for construction of sidewalk improvements on Roberts Avenue, North 9`h Street, and North I" Street to Cougar Contracting, A Division of C.W. Roberts Contracting Inc. in the amount of $185,443.00 (Project #601202) OBJECTIVE: To provide sidewalk improvements in Immokalee City on Roberts Avenue, Northtreet, and North 1 n Street. CONSIDERATION: On May 15, 2008, the Purchasing Department sent 493 notices to vendors for Bid #08 -5086 "Immokalee Sidewalks" to construct a sidewalk on Roberts Avenue from North 18th Street to North 9`h Street, on North 9th Street from West Main Street (S.R. 29) to Roberts Avenue, and on North 1" Street from West Main Street (S.R. 29) to Roberts Avenue. This project includes a five -foot wide sidewalk on the south side of Roberts Avenue, a five -foot sidewalk on the west side of North 90h Street, and a five -foot sidewalk on the east side of North 1'` Street together with driveway, culvert and Swale reconstruction. The driveway, culvert and swale reconstruction is necessary throughout the project in order to provide a proper location for the proposed sidewalk that will meet the Americans with Disabilities Act (ADA) requirements. On May 28, 2008, a non- mandatory pre -bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. On June 18, 2008, nine bids were received and opened. One bid, from Design Build Engineers & Contractors, was deemed non - responsive. Staff reviewed the unit pricing on the bid tab, and Cougar Contracting, A Division of C.W. Roberts Contracting Inc. was the lowest, qualified and responsive bidder. The bid total was $185,443.00. The bid results were as follows: Cougar Contracting, A Division of C.W. Roberts Contracting, Inc. $185,443.00 Miller Excavating, Inc. $199,900.35 Better Roads, Inc. $218,690.00 Stevens & Layton, Inc. $220,918.50 Quality Enterprises USA, Inc. $222,666.04 Wright Construction Group $234,351.90 Douglas N. Higgins, Inc. $288,598.00 Neubert Construction Services, Inc. $327,730.80 FISCAL IMPACT: Funds in the amount of $185,443.00 are available in Project 4601202. This project is part of two Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreements, FM 422164 -1 and FM 422165 -1, in the amount of $195,000 and $805,000, respectively, for construction which will be reimbursed by the FDOT after completion of project. The reimbursement has a match requirement in which the County will have to match approximately 9% of the money spent for the projects, or $16,800. It should be noted that this project has federal funds involved and, therefore, the local preference clause for Collier County contracts cannot be utilized. Please also note that the original LAP agreement for FM 422165 -1 included portions of sidewalk along S.R. 29 in which the design and construction are now being managed by FDOT staff and private development instead of Collier County. Further, the decreased bid prices for both projects reflect current economic conditions. Agenda Item No. 161313 July 22, 2008 Page 2 of 37 GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: There are no legal issues associated with this bid award, and the item is ready for Board consideration and approval. - -HFAC RECOMMENDATION: That the Board award Bid #08 -5086 "Immokalee Sidewalks" to Cougar Contracting, A Division of C.W. Roberts Contracting Inc. in the amount of $185,443.00 and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared by: Daniel G. Hall, P.E., Senior Project Manager, Transportation Engineering & Construction Management Attachment: Bid Tabulation #08 -5086 Page 1 of 2 Agenda Item No. 161313 July 22, 2008 Page 3 of 37 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16813 Item Summary: Recommendation to award Bid #08 -5086 Immokalee Sidewalk Improvements for construction of sidewalk improvements on Roberts Avenue, North 9th Street, and North 1st Street to Cougar Contracting. A Division of C.W. Roberts Contracting Inc. in the amount of $185,443.00 (Project #601202). Meeting Date: 7122/2008 9:00:00 AM Prepared By Daniel Hall Senior Project Manager Date Transportation Engineering and Transportation Services Construction 6/2412008 1:05:23 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 6/2412008 1:47 PM Approved By Najeh Ahmad Director Date Transportation Engineering 8 Transportation Services Construction Management 6124/2008 3:29 PM Approved By Dale A. Bathon, P.E. Prinicipal Project Manager Date Transportation Engineering and Transportation Services Construction 6/24120118 3:34 PM Approved By Rookmin Nauth Management/Budget Analyst Date Transportation Engineering and Transportation Services Construction 612412008 3:42 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 612712008 2:33 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 7/2/2008 12:19 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 7/2/2008 1:00 PM Approved By file://C:AAgendaTest \Export\ 111 -July% 2022, %202008 \16. %2000NSENT %20AGENDA\ 1... 7/15/2008 Page 2 of 2 Agenda Item No. 161313 July 22, 2008 Page 4 of 37 Mike Hauer Acquisition Manager Date Administrative Services Purchasing 7/2/2008 1:21 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 7/8/2008 4:18 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 718/2008 4:41 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/9/2008 7:55 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 71912008 8:10 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 711112008 6:01 PM file: / /C:AAgendaTest \Export\ 111 -July %2022, %202008\ 16. %2000NSENT %20AGENDA\ 1... 7/15/2008 2_ � n N�z m �N m a€ �2 E nro� o €Age O a ....SD N 0 ter N � z N N � L T� E'a � N m c m -aS25ng8w.5n � m Q pSpS558��888888585��885888888g88$$58888888,8 2_ � n N�z m �N m a€ �2 E LLEl I a5 m$ w� °w so�a�4�g8Ngfi�LL�QE�44gpgas .oB2�mmzh E�-y�J o6QOO �u � ssE955 r , gv�ee 1 11 EE x €N.kin �EimUKV U)i]iJZUm 22R mt�5133W wGUg¢mu�ir�¢�FOOU i�ei,F SNm �06]OU a� Z -aS25ng8w.5n � gg°85Q8888 p pSpS558��888888585��885888888g88$$58888888,8 �iN�onB � �_25_$m8'°$_rie$m$��nn i « « w « «wwwwwwq « «wwwww « « «w » »w » »qw » »ww » »w » »qw« " "^ 8 88888888888888 . 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Nww w w «w w w w ww«w w w «ww » »q». w w ww w w « «ww « «w»w w w» « «w U 8889888!!- 8 R R R ° 9»9 R 8 °"3Rw » 8w » Tzaz . » » »ww » » » » « «q w »w 8 » w r } }Taaa SS° . ... $ $88° ° °988° m m9,m8 ° °88 �88mmm��mm�88e r�m� o old w S 6 688Rm5N8NSN " "S > >8988 ° °mNSBmSe ° °�88<888« 98- a a»r» z zzzz 8888888888S8R S S888885888888S8S8888� w vg88r ° °8888888$ ° °8888 5 588888888885 8p « «5 ° °O8$� w wAv°f°S,wQp'So 9 9i?�i°C ° °�' > N6 Jq >YY > > >Y z zzzz f m mw tl f 7J " "JNVrLL,w L LLTYLLU A AmMLLmUV2¢LL�JNTwLL¢¢� E 5w � � a `65 � .5 m Ell � i ias° 1Io. 16 1 SrATE OF FLORIDA DEPARTMEM OF TRANSPORTATION pROIECT M4� Agenda Item A8 NMIF LOCAL AGENCY PROGRAM AGREEMENT Page 6 c"8 Page 1 FPN: 422164- 1 -58 -01 Fund: XU FLAIR Approp: Federal No: 8887 394 A Org Code: 55014010106 FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:03 Contract No: AP 332 Vendor No: F 596000558102 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 thisrrT n�-day of )R fit% by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agenci of the State of Florida, hereinafter called the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail Naoles Florida 34112 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 sidewalks 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, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Removal of All Funds Agenda Item No. 161313 July 22, 2008 Page Z293QZ PROJECT MANAGEMENT OFFICE 03/07 Poge 2 OR: 9357 PG: 0686 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 December 31, 2008 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 $ 195,000.00 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: Agenda Item No. 16B13 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page %gt L77 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE o3M7 OR: 4357 PG: 06$1 Page3 "(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 0 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 FR., 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 19 (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 bome 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: Agenda Item No. 161313 July 22, 2008 STATE OF FLORIDA OE➢ARTMEW OF TRANSPORTATION Page RgW o LOCAL AGENCY PROGRAM AGREEMENT PRQIECT MANAGEMENT OFFICE 0=7 OR. 4367 PG: 0688 Page 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 (Le , state, local government or non - profit organizations as defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: 1 In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised Exhibit "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 II - State Funded: Recipients of state funds (ke., 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 10550 (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. Agenda Item No. 16B13 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 1 QiA474o LOCAL AGENCY PROGRAM AGREEMENT PRO JECTA IUGEMENT OFFICE 03M7 Page 5 OR, 4357 PG; 0689 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) 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 -133, 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 (0, OMB Circular A -133, as revised 2. 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: Michelle S. Peronto Agenda Item No. 161313 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 112gt" LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03107 Page 6 OR: 4351 PG; 0690 801 North Broadway Avenue Bartow, Florida 33830 3 Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient direct] 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 directl 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 September 30 , The report must be prepared using the format prescribed in 49 C.FR. Part 24, Appendix B, and be Agenda Item No. 16613 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 12LQt,'�7, LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENTOFFICE 0=7 Page 7 OR; 4357 PG; 0691 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 287058(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 f: 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 1207 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 "8" for the project, costs agreed to be bome 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 Department requires such termination Agenda Item No. 16B13 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 13 29637n0 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE OM7 OR: 4357 PG: 0692 Page8 If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the and of such time. Suspension of this Agreement will not affect the time period for completion of the project If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated, If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 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. 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 -,quire its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local ,aws 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 Agenda Item No. 161313 July 22, 22 {00y 78 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 14A,�Z LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 OR: 4357 PG: 0693 P.,9 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 Vl 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 Tile 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 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, 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. 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: Agenda Item No. 161313 July 22, 2008 STATE OF FLORIDA DEPARTMENT OFTRANSPORrATION Page 1 ,;Z0 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03M7 OR; 4357 PG; 0694 page 10 "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 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. 11.08 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 13.09 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 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 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. Agenda Item No. 161313 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 16SAr'90 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 0=7 OR: 4357 PG: 0645 Ng.11 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 same instrument. 1313 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 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 ® will ❑ 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 $1 will not be enforced unless the Agency requests payment, invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment, The Invoice payment requirements do not start until a properly completed invoice is provided to the Department A Vendor Ombudsman has been established within the Department of Financial Services The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850 -410 -9724 or by calling the State Comptroller's Hotline, 1- 800- 848 -3792 Agenda Item No. 16813 July 22, 2008 STATE OF FLORIDA DEPAMWENT OF TRANSPORTATION Page 17,2�A LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE GM7 Page 12 OR; 4357 PG: 0696 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written AGENCY COLLIE COUN STATE OFOP RTMENT OF TRANSPORTATION By: a By: Name: n Wn gs Name: Dick Combs BoC Chairman or Designee Tit : Deputy Director of Transportation Development o C A est: ' _ - 'i 't —.-J Attest: ky Title: Crerk, DiUj E QNXIe-1 Title: Executive cretary Att-st as to 4P4g0R i As to form: sLfAonl Atlafney Scott R. Teach Deputy County Attorney As to form: I P, Anfi !ni Girwarr , iP, Anfi !ni Girwarr ;h District Attorney See attached Encumbrance Form for date of funding approval by Comptroller STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES Agenda Item No. 161313 July 22, 2008 Page 1$A" PROJECT MANAGEMENT OFFICE UM6 PegeU OR; 4357 PG; 0637 FPN:422164 -1 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Collier County Dated 5-,; ` U� PROJECT LOCATION: 1 � Street North from Roberts Road to SR 29 The project 0 is Z is not on the National Highway System The project J] is ® is not on the State Highway System. PROJECT DESCRIPTION: Construct a concrete sidewalk separated from the edge of pavement as far as possible on North 1 a' Street from Roberts Road to SR 29. 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. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right -of -way activities 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) Construction contract to be let by April 30. 2008. b) Construction to be completed by December 31, 2008. If this schedule cannot be met, the Agency will notify the Department in writing 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 the 2005 Florida Greenbook standards, as amended. 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, 2007 edition as amended, and (2) The FOOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2007 edition as amended. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES For all projects the following will apply: (a) Section 287.055, F S "Consultants Competitive Negotiation Act" (b) FDOT "Project Development and Environmental Manual," where applicable (c) The Local Agency Program Manual Agenda Item No. 16B13 July 22q, 200�87 Page 120114, PROJECT MANAGEMENT OFFICE Game Page 14 OR; 4357 PG; 0698 The Agency will inform the Department in writing of the commencement and completion of the project Upon completion of the project phase, the Department will have forty -five (45) days after receipt of the Agency's invoice to review, inspect and approve the project phase for payment. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently 07/08 for construction. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: Collier County 422164 -1 Finance Department 2671 Airport Road Naples, Florida 34112 PROJECT DESCRIPTION Agenda Item No. 161313 July 22; 2008 Page 2gAr 77 PROJECT MANAGEMENT OFFICE am Page 15 OR; 4357 PG; 0699 Name: Sidewalk Length: Approximately 1.600 feet Termini: 1" Street North from Roberts Road to SR 29 No work shall begin untll the Department has issued a written Notice to Proceed for each phase Funds are contingent upon legislative approval TYPE OF WORK By Fiscal Year FUNDING TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE& FEDERAL FUNDS Planning 2007 -2008 2008 -2009 2009 -2010 Total Planning Cost Project Development & Environment (PD &E) 2007.2008 2008 -2009 2009 -2010 Total PD &E Cost Design 2007 -2008 2008.2009 2009 -2010 Total Design Cost Right-of -Way 2007 -2008 2008 -2009 2009 -2010 Total Right-of-Way Cost - Construction 2007 -2008 2008.2009 2009 -2010 20010 -2011 Total Constmctlon Cost 195.000.00 17.619.00 177.381.00 195,000.00 17,619.00 177,381.00 Construction Engineering and inspection (CEI) 2007 -2008 2008 -2009 2009-2010 Total CEI Cost Total Construction and CEI Costs 195,000.00 17,619.00 177,381.00 TOTAL COST OF THE PROJECT 195,000.00 17,619.00 177,381.00 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 Agenda Item No. 161313 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPOFTATION Page 2�pA.47 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08106 P,e16 EXHIBIT "I" * ** OR: 4357 PG: 0700 * ** 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: $ 177,381.00 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 (FINS) 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 OEPARTMENT OF TRANSPORTA, ION LOCAL AGENCY PROGRAM AGREEMENT 2, FPN: 422165- 1 -58 -01 Fund: XU Federal No: 8887 378 A Org Code: 55014010106 FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: _ County No:03 Contract No: AP 349 Data Universal Number System (DUNS) No: 80- 939 -7102 Agenda Item No. 161313 July 22, 2008 Page 22 of 37 52501040 PRO IECT MANAGEMENT OFFICE M107 Page 1 FLAIR Approp. FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: F 596000558102 Catalog of Federal Domestic Assistance (CFDA): 20 205 Highway Planning and Construction THIS AGREEMENT, made and entered into this q �'pg�day of !ti( %/ &),�by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and Collier County Board of County Commisisioners 3301 East Tamiami Trail Naples Florida 34112 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 sidewalks 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(&) 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 Unbilted 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 Removal of All Funds STATE or FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT OR; 4357 PO, 0111 Removal of All Funds Agenda Item No. 16B13 July 22, 2008 P�Ve 23*,00l Sao PROJECT AGEMENT OFFICE MM7 Page 2 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 December 31, 2008 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 $ 805.000.00. 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: Agenda Item No. 161313 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 24o LOCAL AGENCY PROGRAM AGREEMENT PRO ,ECTMANACEMENTOFFICE =7 OR, 4357 PG; 0712 Page "(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: Agenda Item No. 161313 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 25 0Q LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03107 Page 4 OR; 4357 PG, 0713 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 II - State Funded: Recipients of state funds (Le , 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 11, 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 Agenda Item No. 16613 July 22, 2008 STATE OF FLORIDA DEPARTWhrr OF TRANSPORTATION Page 26aafa3F'4o LOCAL AGENCY PROGRAM AGREEMENT PROJECT ININAGEMEW OFFICE 0=7 OR; 4357 PG; 0714 Page 5 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) 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 -133, 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 direct) 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: Michelle S, Peronto Agenda Item No. 16613 July 22, 2008 STATE OF FLORIDA DEPARn1ENr OF TRANSPORTATION Page 27s€b6V40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT orFICE o3mr Page 6 OR. 4357 PG, 0715 801 North Broadway Avenue Bartow, Florida 33830 Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directl 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 Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient direct) to: a) The Department at each of the following address(es): Michelle S. Peronto 801 North Broadway Avenue Bartow. Florida 33830 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 September 30 The report must be prepared using the format prescribed in 49 C.F.R Part 24, Appendix B, and be Agenda Item No. 16B13 July 22, 2008 STATE OF FLONDA DEPARTMENT OF TRANSPORTATION Page 28 40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 0.9107 Page 7 OR; 4351 PG; 0116 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; 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 Department requires such termination Agenda Item No. 161313 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 295gfa, 7,Z LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE ON7 vag� a OR: 4357 PG: 0717 If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time,. Suspension of this Agreement will not affect the time period for completion of the project If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed Payment is to be on the basis of substantiated costs 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 Consuftants' 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 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. 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. Agenda Item No. 16613 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 30;pjo7,D�0 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENTOFFICE oav7 Page 9 OR; 4357 PG; 0718 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 1201 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 the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto 12.04 Pubtic 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, 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 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: Agenda Item No. 16813 July 22. 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Pa e3150s) AD LOCAL AGENCY PROGRAM AGREEMENT PRD.iEC DEMEN OFFICE OR; 4357 PG; 079 Page lg "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. 11.04 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 1346 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 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. 13.09 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 13.10 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 13A1 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. Agenda Item No. 16613 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 325afa3d4o LOCAL AGENCY PROGRAM AGREEMENT PRO SECT MANAGEMENT OFFICE 03107 Page ti OR. 4357 FIG: 072C 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 same 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 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 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 ® will ❑ 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 advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850 -410 -9724 or by calling the State Comptroller's Hotline, 1- 800- 848 -3792 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT OR: 4357 PG: 0721 Agenda Item No. 16613 July 22, 2008 Page 335pW40 PRO.IECT MANAGEMENT OFRCE 03107 Psge 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written AGENCY COLLI COUNT STA ORI AD A MENT OF TRANSPORTATION 9 By: _:,a gy: Narne:.Tom Henn ng Name: Dick Combs e: �B�OC�tCChairman or Designee Title Deputy Director of Transportation Development Attest: Attest: 1 1�- Title: Clerk Dil -IcAi' b9a9 Title: Executive ecretary At:as't' wif V, Ct?xI� fl 9 s )gnri lire or' As to form: !! As to form: C �Gwm tom— �. � Itaril CUuVval r .- Alikn-ey Scott R. Teach District Attorney Deputy County Attozney See attached Encumbrance Form for date of funding approval by Comptroller Agenda Item No. 16913 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 3459cW,o LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE OM6 Pege13 EXHIBIT "AN OR; 4357 PG: 0722 PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 422165 -1 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Collier County ��ll Dated 15—,� _ �G PROJECT LOCATION: Roberts Avenue from N 9" Street to SR 29, Roberts Avenue from SR 29 to N 18" Street and N 9m Street from SR 29 to Immokalee Drive The project Q is Z is not on the National Highway System The project ❑ is Z is not on the State Highway System PROJECT DESCRIPTION: Construct a five foot concrete sidewalk separated from the edge of pavement as far as possible. The sidewalks will be on the south side of Roberts Road and on the west side of N 9P Street. 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. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right -of -way activities, 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) Construction contract to be let by April 30, 2008 b) Construction to be completed by December 31 2008 If this schedule cannot be met, the Agency will notify the Department in writing 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 the 2005 Florida Greenbook standards, as amended. 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, 2007 edition as amended, and (2) The FDOT roadway and traffic design standard, 2006 edition as amended and design criteria from the PPM, 2007 edition as amended Agenda Item No. 16813 July 22, 2008 STATE OF FLORIDA DEPARTMEWOF TRANSPORTATION Page 359EP140 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAOEM OFFICE 00108 Page 14 OR: 4357 PG, 0723 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES For all projects the following will apply (a) Section 287 055, F S "Consultants Competitive Negotiation Act" (b) FDOT "Project Development and Environmental Manual," where applicable (c) The Local Agency Program Manual The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the project phase, the Department will have forty -five (45) days after receipt of the Agency's invoice to review, inspect and approve the project phase for payment SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently 07/08 for construction Agenda Item No. 16813 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 366jfA g LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE MM6 Page 15 EXHIBIT "B" OR; 4357 PG: 0724 SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPM: Collier County 422165 -1 Finance Department 2671 Airport Road Naples, Florida 34112 PROJECT DESCRIPTION Name: Sidewalk Length: Aoorozimately 8 00D feet Termini: Roberts Avenue N 9'" St to SR 29 Roberts Avenue SR 29 to N 181" Street and N 9'" Street SR 29 to Immokalee Drive No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon legislative approval TYPE OF WORK By Fiscal Year FUNDING TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning 2007 -2008 2008 -2009 2009 -2010 Total Planning Cost Project Development 8 Environment (PD &E) 2007.2008 2008-2009 2009-2010 Total PD &E Cost Design 2007 -2008 2008 -2009 2009.2010 Total Design Cost Right -of -Way 2007 -2008 2008 -2009 2009-2010 Total Right-of-Way Cost Construction 2007 -2008 2008 -2009 2009 -2010 20010 -2011 Total Construction Cost 805.000.00 72.732.00 Z12,268.00 805,000.00 72.732.00 732,268.00 Construction Engineering and Inspection (CEI) 2007 -2008 2008 -2009 2009 -2010 Total CEI Cost Total Construction and CEI Costs 805,ODO.00 72,732.00 732,268.00 TOTAL COST OF THE PROJECT 805,000.00 72,732.00 732,268.00 The Department's fiscal year begins on July 1 For this project, funds are not projected to be available until after the 1st of July of each fiscal year The Department will notify the Agency, in writing, when funds are available Agenda Item No. 161313 July 22, 2008 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 37S2f dV4o LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE DM6 Page 16 EXHIBIT "I" OR: 4357 PG: 0725 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: $ 732,268 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.