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Backup Documents 03/24/2020 Item #16A12ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 p 12 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be for"arded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. / **NEW** ROUTING SLIP Complete Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. Risk Management Risk 3. County Attorney Office County Attorney Office JAK 5-20-20 4. BCC Office Board of County Commissioners BS b0V JH/S/ 5. Minutes and Records Clerk of Court's Office 5 fl hor 11:5q oAt PRIMARY CONTACT INFORMATION _ r I Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Pierre Beauvoir/Traffic Management Center 239-252-1958 Contact / Department Agenda Date Item was March 24, 2020 Agenda Item Number 16Al2 Approved by the BCC Type of Document Local Area Program (LAP) Agreement with Number of Original 1 Attached the Florida Department of Transportation Documents Attached FDOT PO number or account N/A 2j2D-53 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature. N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, PB provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PB signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's PB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PB document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's PB si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip PB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on March 24, 2020 and all changes made PB N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorne 's Office has reviewed the changes, if applicable. this line. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for theA *9 an option for Chairman's signature. this line. '36 ll'ka 4G uffa 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26 , Revised 2.24.05; Revised 11/30/12 16 A 12 HayesJessica From: HayesJessica Sent: Monday, May 18, 2020 9:20 AM To: BeauvoirPierre Subject: RE: Agenda Item 16.A.12 Pierre, Just an FYI. I am still working on this one. Hoping to have it to the Clerk's Office today. Jessica Hayes Legal Assistant -Paralegal Office of the County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Tel: (239)-252-2939 Fax: (239)-252-6300 Jessica. Hayes@colliercOLintyfl.gov From: BeauvoirPierre <Pierre.Bea uvoir@colliercountyfl.gov>-' Sent: Wednesday, May 13, 2020 4:32 PM �- To: HayesJessica <Jessica.Hayes@colliercountyfl.gov> Subject: Agenda Item 16.A.12 Hi Jessica, It was a pleasure speaking with today and thank you for your assistance with this. Below is the Agenda Item Number. I w i e two executed copies. ,ou F T \ Simon Shackelford Local Program Coordinator South West Area Office I District One Florida Department of Transportation 10041 Daniels Parkway, MS 1-98 Fort Myers, FL 33913 Phone: (239) 225-1958 1 Fax: (239) 225-1957 Email: simon.shackelford@dot.state.fl.us I LAP Website: Click Pierre Beauvoir Traffic Management Center 2885 S Horseshoe Drive Naples, FL 34104 Phone: (239) 252-600 1 Cell: (239) 253-8441 i6Al2 fedex.com 1.800.GoFedEx 1.800.463.3339 N �a Y� gga Sc ipem a `-afO Y _g G=- 3 m - g�- - Er aAS m ? sgg� n eWG�m a�"�yaw .H <fn SS� N z o T$ a N a R n m 3m, 02 ru T- •• E L-j n 1 u ru zR C3 ru O O Crystal K. Kinzel . 0 rn, May 19, 2020 Collier County Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 FDOT Attn: Simon Shackelform Local Program Coordinator SW Area Office/Dist. One 10041 Daniels Pkwy, MS 1-98 Fort Myers, Florida 33913 Re: FDOT LAP Agreement for the ITS Network Communication (FPN 435013-1-98-1) 1 6A 12 Transmitted herewith are two (2) certified resolutions with two (2) original agreements of the above referenced document, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, March 24, 2020, during Regular Session. Once fully executed, please e-mail a copy of the signed agreement to be kept as part of the Board's Records.(martha.vrgara@collierclerk.com) Very truly yours, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deputy Clerk Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk(@coIlierclerk.com 16A 12 RESOLUTION NO.2020 - 5 3 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE UPDATE AND STANDIZE OF THE INTELLIGENT TRANSPORTATION SYSTEM NETWORK COMMUNICATION (FPN 435013-1-98-1) WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Local Agency Program Agreement (the "Agreement") with Collier County, wherein FDOT will reimburse Collier County up to the sum of $1,108,409 for the update and standardize of the Intelligent Transportation System (ITS) Network between local agencies (FPN 435013-1-98-01); and WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners approves and authorizes its Chairman to sign the Agreement pertaining to FPN 435013-1-98-01. 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of f4CSh,, 2020. ATTEST-,,-, ' B001) CRYSTAP, -I .KINZFL,.Clerk B y 1 Attest a�,fio-Chairmao.'�, I put ie sign*re i Apprq�vecj�faxm and --legality: .e"' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BURT L. SAUNDERS [19-ECM-02407/1458917/1] 16A 12 FPN: 435013-1-58-01 Federal No (FAIN): D118 052 B Federal Award Date: Fund: ACSU Org Code: 55014010106 FLAIR Approp: FLAIR Obj: 780000 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12/18 Page 1 of 15 FPN: Federal No (FAIN): _ Federal Award Date: Fund: Org Code: FLAIR Approp: FLAIR Obj: _ imam Federal No (FAIN): _ Federal Award Date: Fund: Org Code: FLAIR Approp: FLAIR Obj: County No:03 (Collier) Contract No: Recipient Vendor No: F596000558102 Recipient DUNS No: 76997790 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is entered into on , by and between the State of Florida Department of Transportation, an agency (This date to be entered by DOT only) of the State of Florida ("Department"), and Collier County ("Recipient"). NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in updatinq the network and standardizing communication between the different regional local aaencies Collier County / City of Naples) and the Florida Department of Transportation (FDOT) communication network. , as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Recipient agrees to complete the Project on or before December 31, 2021. If the Recipient 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 Recipient 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 term of this Agreement will not be reimbursed by the Department. 4. Project Cost: a. The estimated cost of the Project is $ 1,108,409.00 (One Million One Hundred Eight Thousand Four Hundred Nine Dollars). This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit "B" may be modified by mutual execution of an amendment as provided for in paragraph 5.i. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,108,409.00 (One Million One Hundred Eight Thousand Four Hundred Nine Dollars) and as more fully described in Exhibit "B". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. The Department's participation may be increased or reduced upon determination of the actual bid amounts of the Project by the mutual execution of an amendment. The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in connection with the completion of the Project. 0 16A 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT Dcciooc-12/18 Page 2 of 15 c. 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: L Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in paragraphs 5.1. and 5.m. of this Agreement; iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A". b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre -audit and post -audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Recipient 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. All costs charged to the Project, including any approved services contributed by the Recipient 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. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "H", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, 0 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12118 Page J of 15 provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. 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, a separate interest penalty at a rate as established pursuant to Section 55.03(l), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because of Recipient 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 a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. 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 five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient and approved by the Department. The Recipient 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 execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon determination of the Recipient's contract award amount. j. 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 Recipient 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. k. The Recipient 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. I. 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 Recipient, in writing, when funds are available. 0 16Ai2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 NAGEMENT LOCAL AGENCY PROGRAM AGREEMENT PROGRAM O C/OOC-121 8 Page 4 of 15 m. 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: "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." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal -aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the Department's issuance of a Notice to Proceed (`NTP"), 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 Recipient 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. General Requirements: The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, 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 (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. TJ 16A 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT occiooc-1u1a Page 5 of 15 a. A full time employee of the Recipient, 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 responsible charge of the Project, which employee should be able to perform the following duties and functions: i. Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; U. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; A. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and consultant staff at all stages of the Project. b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the FHWA removing any unbilled funding or the loss of state appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Recipient waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de -certification of the Recipient for future LAP Projects. No cost may be incurred under this Agreement until after the Recipient has received a written NTP from the Department. The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, the Department District LAP Administrator should be notified as soon as possible. c. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will have to request repayment for the previously billed amounts from the Recipient. No state funds can be used on off -system projects, unless authorized pursuant to Exhibit "I", State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Recipient to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal -aid requirements, to enable the Recipient to provide the necessary funds for completion of the Project. f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such submissions using Department -designated information systems. I6Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 M MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT PROG OGGOOC-12/ 8 Page 6 of 15 g. 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 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 Recipient 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 Recipient shall promptly reimburse the Department for all such amounts within 90 days of written notice. h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. B. Audit Reports: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include, but not be limited to, on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer ("CFO"), or State of Florida Auditor General. b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Recipient must have a federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. 16A 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010,40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAMOGMANOO�MZN18 Page 7 of 15 iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSin.-:IeAuditcrdot.state.fl._us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than federal entities). iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at htt_,s://harvester.census.{aov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSin<:IeAudit <..dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: Temporarily withhold cash payments pending correction of the deficiency by the Recipient or more severe enforcement action by the Department; Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; Wholly or partly suspend or terminate the federal award; Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); Withhold further federal awards for the Project or program; Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSinIeAudit dot.state.fl.us c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO, or State of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 9. Termination or Suspension of Project: I6Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12/18 Page 8 0115 The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of- way will become the property of the Department and will be turned over promptly by the Recipient. d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to comply with the Public Records provisions of Chapter 119, Florida Statutes. 10. Contracts of the Recipient: a. Except as otherwise authorized in writing by the Department, the Recipient 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 the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining to the use of Federal -aid funds. The Recipient shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit "G", FHWA 1273 attached to and incorporated in this Agreement. The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBEs, 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. I6Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC,OOC-12118 Page 9of15 The Recipient 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 Recipient 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. 12, Compliance with Conditions and Laws: The Recipient 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 Recipient 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, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Recipients are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than 30 days after final acceptance. a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Recipient failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, and the Department did not have to exceed the minimum oversight and monitoring requirements identified for the project. b. The District will determine which functions can be further delegated to Recipients that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: a. The Recipient 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 Recipient pursuant thereto. The Recipient shall include the attached Exhibit "C", Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal Government issued thereunder, and assurance by the Recipient pursuant thereto. 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. 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010+10PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGcrooc-12ne Page 10 of 1s d. 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. e. 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 Recipient. f. Neither the Recipient 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 Recipient 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 Recipient, the Recipient, 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 Recipient or the locality relating to such contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Recipient 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 Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. g. 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. 15. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. To the extent provided bylaw, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the sk)I 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGG/00 -1zns Page 11 of 15 [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." The Recipient shall, or cause its contractor or consultant to cant' and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law, With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall ❑ shall not maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement. 17. Miscellaneous Provisions: The Recipient will be solely responsible for compliance with all 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 Recipient will be responsible for securing any applicable permits. The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement, ckx I6Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 ENT LOCAL AGENCY PROGRAM AGREEMENT PROG OGCJOOC-Al2/18 Page 12 of 15 c. In no event shall the making by the Department of any payment to the Recipient 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 Recipient 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. d. 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. e. By execution of the Agreement, the Recipient 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. f. Nothing in the Agreement shall require the Recipient 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 Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient 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 Recipient 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 Recipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. L The Recipient 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 Recipient's facility, adequate title is in the Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose. j. The Recipient agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Recipient, 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 Recipient 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 Recipient 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. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. I6Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 ANAGEENT LOCAL AGENCY PROGRAM AGREEMENT PROGRAM OGCOOC-Al2/ 8 Page 13 of 15 I. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. m. The Recipient shall; L utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the term of the contract; and ii. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. In. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. p. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 18. Exhibits: a. Exhibits "A", "B", "C", "D", "E" and "F" are attached to and incorporated into this Agreement. b. ® If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is attached and incorporated into this Agreement. c. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. ❑ State funds are used on this Project. If state funds are used on this Project, then Exhibit "I", State Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. e. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "W', Advance Project Reimbursement is attached and incorporated into this Agreement. f. ❑ This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit "L", Landscape Maintenance, is attached and incorporated into this Agreement. g. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit "M", Roadway Lighting Maintenance is attached and incorporated into this Agreement. h. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit "N", Traffic Signal Maintenance is attached and incorporated into this Agreement. L ❑ A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit "O", Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. 16A 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12118 Page 14 of 15 j. ® The following Exhibit(s) are attached and incorporated into this Agreement: P, Q k. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Title VI Assurances Exhibit D: Recipient Resolution Exhibit E: Federal Financial Assistance (Single Audit Act) Exhibit F: Contract Payment Requirements * Exhibit G: FHWA Form 1273 * Exhibit H: Alternative Advance Payment Financial Provisions • Exhibit I: State Funds Addendum * Exhibit J: State Financial Assistance (Florida Single Audit Act) • Exhibit K: Advance Project Reimbursement * Exhibit L: Landscape Maintenance • Exhibit M: Roadway Lighting Maintenance * Exhibit N: Traffic Signal Maintenance * Exhibit O: Terms and Conditions of Construction in Department Right -of -Way * Additional Exhibit(s): "Exhibit P" Recommendations Report -Regional ITS Network Review FDOT District One/ Collier County/ City of Naples (56 Pages) "Exhibit Q" Revised Equipment List (8 pages) * Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGcfOOO-12/1a Page 15 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. e RECIPIENT , OLLI U STATE OF FLORIDA, DEPARTMENT OF TRANSPOR By' _- _ �......_._........... _.._..........._............. ___ By: �.._. Name: Name: Title: Title: Legal Review: and legality Jeffrey A. klitzko f County Attorney ATTEST: CRYSTAL K. KINZEL, CLERK Att@S�.�S tt) �h�IR11`y Clerk �;grature onl$ 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC - 12/16 Page 1 of 3 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 435013-1-58-01 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and Collier County (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 0.001 PROJECT DESCRIPTION: The purpose of the project is to procure, install and configure Network equipment using Network Engineering Services, to update the network and standardize communication between each the these agencies' Network environments; Florida Department of Transportation's (FDOT), the City of Naples and Collier County as per the "FDOT Recommendations Report, Regional ITS Network Review, FDOT District One / Collier County / City Of Naples, June 14, 2019 1 Version 3.0", henceforth referred to as "The Report". By creating a standardized network, the local agencies and the FDOT will be able to relocate Automated Traffic Management Systems (ATMS) control and video feeds to the Emergency Services Center (ESC) in emergency situations. For the comprehensive list of requirements, please refer to the "The Report". The first phase of the ITS Integrate/Standardize Network Communication project consisted of the following,- -Procure Network Professional Services to develop and implement updated Network Architecture for our Regional Wide Area Network (WAN) to include the following Agencies; oCollier County Traffic Operations oCity of Naples Traffic Operations oFOOT District 1 Regional TMC This phase was paid for and completed by FDOT with the creation of a Recommendations Report "Regional ITS Network Review FDOT District One / Collier County / City of Naples, June 14, 2019 1 Version 3.0, by Metric Engineering. (See Addendum 1). "The Report" has identified these guidelines as a requirement for the fulfillment of this LAP Project; -Retain Network Professional Services to procure, configure, install, implement, integrate and standardize all ITS managed Ethernet switches and Network Hubs within the local region: oProcure 300 Layer 2 Network Switches providing the functionalities required as per "The Report". oProcure, configure and install Network Hub cabinets, Layer 3 Network Switches, UPS units like those attached to Signalized Intersection Cabinets, required infrastructure and accessories as per the Professional Services recommendations. o4 Central Locations identified []Collier County TMC LECollier County EOC ECity of Naples TMC E,FOOT District 1 TMC -Using Networking Professional Services, configure and migrate the network environment from the 10.129.32-49.x to the 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MA NAGEME OGC - 12/1818 Page 2 of 3 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES 10.131.x.x ip segments, using the Report as a guideline. -Configure and implement the migration from Unicast to Multicast network topology and procure necessary equipment required to do so. -Procure, configure, install and implement required equipment needed for the implementation and integration of Security Devices to protect the local agencies and the FOOT from intrusion and disruption of services, through the Network Professional Services Contract. -Procure, configure, install and implement required equipment needed for RADIUS type User Authentication and Access Server. -Procure. Configure, install and implement Web servers and Web Application Portal needed for the management and sharing of video streaming between agencies. -Procure, configure, install and implement a Backup System and create an area wide Traffic Management Center (TMC) backup network for all local agencies and the FDOT at the Collier County ESC, which will require professional services by a Network/Systems Architect and Engineer. -Expand the current Collier County TMC operations at the ESC through the purchase and installation of workstations and an expanded Video Wall System for monitoring regional traffic. -Replace all network devices, proposed in the "Report", which have reached End -Of -Life as per written manufacturer recommendations, with equivalent devices. -Procure, install, configure and implement Fiber Optics connections and all required infrastructure between (These additional connections using diverse paths would provide more network redundancy to all sites including the disaster recovery site. This will ensure all pertinent data are accessible in the event of a fiber cut, network outage or infrastructure damage due to extreme weather).; oTMC Data Center to MHUB5 = approximately 8.5 miles (13.6794 km) oMHUB5 to the Collier County ESC = approximately 6.5 miles (10.4607 km) oCollier County ESC to MHUB2 = approximately 5.8 miles (9.3342 km) oMHUB2 to MHUB4 = approximately 11.1 miles (17.86372 km) oMHUB6 Immokalee at Collier to MHUB5 oMHUB6 to MHUB4 -Implement the standard port configuration recommended in the Report at all Network Switches as follows: oEthernet Port One — Signal Controller oEthernet Port Two — CCTV Camera oEthernet Port Three — MMU oEthernet Port Four — UPS oEthernet Port Five — PDU oEthernet Port Six —Traffic Signal Video Detection oEthernet Port Seven — Port Server (MUDS) oEthernet Port Eight — Bluetooth Travel Time Reader oEthernet Port Nine — Technician Access Port oEthernet Port Ten — Future Use Optical Port One — North or West Direction oOptical Port Two — South or East Direction oOptical Port Three — Future Use oOptical Port Four — Future Use The specific requirements are detailed in the attached "Report". SPECIAL CONSIDERATIONS BY RECIPIENT: The Receipient will provide final testing documentation to FDOT of the network devices after the switches/routers are upgraded. A test plan with signatures will also have to be completed. The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate I6Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC - 12/18 Page 3 of 3 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule. - A) Design to be completed by June 30, 2019. B) Construction contract to be let by June 30, 2020 . C) Construction to be completed by December 31, 2021. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: For all projects the following will apply: 1) Section 287.055, F.S. "Consultants Competitive Negotiation Act," when acquiring a consultant utilizing federal funds 2) FDOT "Project Development and Environmental Manual" 3) The Local Agency Program Manual The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525- 010-42). This form must be completed and accepted by the Department prior to payment of the project Final Invoice. The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the construction phase, the Department will have forty-five (45) days after receipt of the Agency's final construction invoice to review, inspect and approve the construction phase for payment. All other invoices for project phases and all other progress payments shall be processed in accordance with the Department's procedures and guidelines for invoice processing. The Agency will provide progress billing invoices to the Department on a minimum of a quarterly basis. The Agency will be responsible for acquiring all required and applicable permits for the project for review and approval prior to construction. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently in Fiscal Year 2019/2020 for Construction services. 1 6A 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010-40B LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANGEMENT OGC • 10118 Page 1 of 1 EXHIBIT "B" SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: 435013-1-58-01 Pierre Beauvoir 2885 South Horseshoe Drive Naples, FL 34104 MAXIMUM PARTICIPATION (1) PHASE OF WORK -By Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE3FUNDS FEDERAL FUNDS - Phase 38 +' (Insert Prorzram Name) [Ight-of-Way- ; $ $ $ $ (Insert Program Name) $ $ $ $ _ ____(Insert Pro:,iram Name, $ $ 0.00 Total Design Cast $ 0,00 $ 0.00 $ 0.00 Phase 48 (Inseq Pr2aMm Name) $ $ $ $ Y: (Insert Proctram Name) $ $ $ $ Program Name, $ $ . $ $ Total RLht-of-Way Cost _.._.. _...,._ ___._......_.......__... $ 0.00 $ 0.00 .... _-.. .._............. $ 0.00 $ 0.00 Construction- Phase 58 Y: 2019/2020 (ACSU) $ 1,108,409_00 $ $ $ 1,108,409.00 Y: {Insert ProYramNam...e) $ $ $ $ Y: (Insert Program Name. $ 0,00 $ 0.00 $ 1,108 409.00 _ Total Construction Cost $ 1,108 409.00 onstruction Engineering and Inspection (CEI)- Phase 68 `Y: (InsertProgram Name) $ $ $ $ Y: (Insert Pronram Name) $ $ $ $ Y (Insert Procram Name! _...... $_.. ......._...._ ......_.�...._.. ..._$...... . _ ... .. ...._....... $ .......... ........... Total CEI Cost $ 0.00 $ 0.00 _ . __ $ 0.00 _ _..... $ 0.00 Insert Phase) Y: (Insert Prooram Name) $ $ $ $ -Y: (Insert PiQzartl Name) $ $ $ $ -Y: (InsertProcram Name) $ $ $ $ Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $ 1,108,409.00 $ 0.00. __� _ $ 0.00 $ 1,108,409.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line Item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation Is on file evidencing the methodology used and the conclusions reached. Simon Shackelford District Grant Manager Name S,gnature "� . ate 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGE MENT OGC—COMB Page 1 of 2 Exhibit "C" TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub -contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub -contract, including procurements of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin, or sex. (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. {5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or 16A 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT OGC - loll 8 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub -contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F,R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-QD LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENTOGC OGC - 10/1 B Page 1 of + EXHIBIT "D" RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. 1 6A 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "E" FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal -Aid Highway Program, Federal Lands Highway Program CFDA Program Site: httf sa/www,c_f„'da.,,;ov/ Award Amount: $1,108,409.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: N/A 525-010-40E PROGRAM MANAGEMENT 10/18 Page' of FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code htt:, J/uscode.house.,;ov/browse/.,relim title23&edition=. relim Title 49 — Transportation, United States Code Mt. -.//Liscode.house.,,ov/browse/relim title49&edition= prelim Map-21 — Moving Ahead for Progress in the 2151 Century, Public Law 112-141 htt, //www.,;; o.:ov/fds.s/; k,:/PLAW-112, ubll41/:>df/PLAW-112 ub1141. df Federal Highway Administration — Florida Division htt:://www.fhwa.dot.:ov/fidiv/ Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) htt:,s://www.fsrs.,,,ov/ 16Al2 STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION 52"1040F LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 10/18 Page 1 of 1 EXHIBIT "F" CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means, (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs:lf the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address htti)://www.mcom/aadir/reference Wide/. 16A1 STATE OF FLORIDA DEPARTMENT OF TRANSPOR"rATION 525-010-40G LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-1 O118 Page 1 01 i EXHIBIT "G" FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC — COMPLIANCE WITH FHWA 1273. The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA- 1273 may also be referenced on the Department's website at the following URL address: htt? :11/www.thwa.dot.�,ov/`,,ro;',: amadiiiii-i/contracts/1273/1273.;,df' Sub -recipients of federal grants awards for Federal -Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA- 1273. 16Al2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention Vill. False Statements Conceming Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) 1. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Forth FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations Including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause In 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision Is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under I6Al2 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, pre -apprenticeship, and/or on-the- job training." 1. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minoritles and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor In connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 16 A 12 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's workforce requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance In accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractors association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to fumish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 16Al2 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided In such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractors control, where the facilities are segregated. The term "facilities" Includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona Me fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work In more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, Including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (III) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (Including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 16Al2 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics Includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated In providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll Information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3Xii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. i6Al2 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office cf Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probaUonary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job she in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 16Al2 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Govemment contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 16Al2 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day -today activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude Individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3. it Is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 1 6A 12 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingfy makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered Into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https:/Avww.epis.gov/), which is compiled by the General Services Administration. I 6 A 12 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant Is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide Immediate written notice to the person to which this proposal Is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant Is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 16 A 12 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exciusion••Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant Is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Xi. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 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. b. If any funds other than Federal appropriated funds have been paid or will be paid 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 Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be Included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. I6Al2 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which Is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside In the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work Is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the Information submitted by the contractor In the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. I6Al2 EXHIBIT "P" PREPARED FOR: Florida Department of Transportation - District 1 801 North Broadway Avenue Bartow, Florida 33830 16Al2 Document Panel Control File Name: Regional ITS Network Review Final Re ort.docx File Location: Metric Technology Group - DocumentslProjects14.2330_D1 Traffic Operations & ITS1TWO12_Collier & Naples Network Upgradet3. Project DocumentslDocument Version Number: 3.0 Created By: Scott A ans Metric Engineering, Inc, 02/20/2019 Abram Little (Metric Engineering, Inc.) 02/20/2019 Reviewed By: Demetrius Lewis (Metric Engineering, Inc.) 02/25/2019 Richard Phillips Metric Engineering, Inc.) 02/26/2019 Pierre Beauvoir (Collier Count) 03/08/2019 Mark Roberts (HNTB / FDOT District One Consultant) 03/18/2019 Shawna Slate Metric En ineerin , Inc. 03/19/2019 Corrine DiSanto Metric Engineering, , Inc.) 03/1912019 Demetrius Lewis (Metric Engineering,Inc.' 03/21/2019 Richard Phillips (Metric Enaineerin , Inc.) 03/27/2019 Demetrius Lewis Metric Engineering, Inc.) 03/28/2019 MOT District One and MOT District One Consultants 04/24/2019 Pierre Beauvoir (Collier Count 05/05/2019 Craig Carnes (Metric Engineering, Inc.) 06/12/2019 Modified By: Scott A ans Metric Engineering, Inc. 02/27/2019 Abram Little (Metric Engineering, Inc.) 03/25/2019 Scott A ans Metric Engineering, Inc. 03/28/2019 Scott A ans Metric Engineering, Inc.) 05/15/2019 Scott A ans Metric Engineering, Inc. 06/1012019 Scott Aaans Metric Enaineerin , Inc. 06/13/2019 Completed By: Scott A ans Metric Engineering, Inc 06/13/2019 IbAl2 ReY lanai ITS Netuvork Review. Ccatnmendatcs rye - a , `� Table of Contents Tableof Contents........................................................................................................................................... i Listof Figures...............................................................................................................................................iii Listof Tables ...............................................................................................................................................iii Listof Acronyms........................................................................................................................................... iv 1. Introduction...............................................................................................................................................1 1.1 Task Overview...............................................................................................................................1 1.1.1 Document Overview..................................................................................................................1 2, Project Stakeholder Discussions............................................................................................................... 3 2.1 Coordination Efforts.......................................................................................................................3 2.2 Stakeholder Identification..............................................................................................................3 2.2.1 Florida Department of Transportation District One.................................................................... 3 2.2.2 Collier County ............................................................................................................................4 2.2.3 City of Naples............................................................................... ...,,................. 5 3. Network Architecture Design.....................................................................................................................7 3.1 Existing Network Assessment....................................................................................................... 7 3.1.1 Florida Department of Transportation District One.................................................................... 7 3.1.2 Collier County............................................................................................................................9 3.1.3 City of Naples..........................................................................................................................12 3.2 Proposed Network Improvements...............................................................................................18 3.2.1 Florida Department of Transportation District One..................................................................18 3.2.2 Collier County..........................................................................................................................19 3.2.3 City of Naples........................................................................................................ ..... 23 ............. 3.2.4 Proposed Network Improvements............................................................................................25 4. Proposed Regional Network Strategies...................................................................................................29 4.1 Proposed Network Architecture Design.......................................................................................29 4.1.1 Proposed Internet Protocol (IP) Schematic.............................................................................. 30 4,1.2 Data and Multicast Sharing Between Agencies.......................................................................31 5, Standardization of ITS Communications Equipment................................................................................ 33 5.1 Agency Network Requirements................................................................................................... 33 5.2 Field Network Devices Standardization....................................................................................... 33 5.3 Physical Redundancy - Master Hub and TMC............................................................................. 34 5.3.1 FDOT District One RTMC — SWIFT SunGuide® Center.......................................................... 34 5.3.2 Collier County ESC and TMC..................................................................................................34 5.3.3 City of Naples TMC.................................................................................................................. 34 6, User Access and Authentication..............................................................................................................35 I6Al2 A Regional ITS Network Review j R`ecomrnerrclatrons. eport . ■-� 6.1 MOT District One....................................................................................................................... 35 6.2 Collier County.............................................................................................................................. 36 6.3 City of Naples.............................................................................................................................. 36 6.4 Recommendations.......................................................................................................................36 7. Network Implementation Budgetary Estimate..........................................................................................38 Appendix A Regional Partner Network Topologies............................................................................. A-1 Appendix B Regional Partner IP Address Schema............................................................................. B-1 Appendix C - Summary of Recommendations...................................................................................... C-1 List of Figures Figure 3-1: FDOT District One Existing Network and Communications Logical Diagram ..............................8 Figure 3-2: Collier County Existing Network and Communications Logical Diagram...................................10 Figure 3-3: City of Naples Existing Network and Communications Logical Diagram...................................12 Figure 3-4: Collier County Proposed Network and Communications Logical Diagram................................21 Figure 3-5: City of Naples Proposed Network and Communications Logical Diagram................................23 Figure 4-1: Proposed Regional Network Architecture Diagram..................................................................29 List of Tables Table 2-1: FDOT District One Project Stakeholders and User Classes.........................................................4 Table 2-2: Collier County Project Stakeholders and User Classes................................................................ 5 Table 2-3: City of Naples Project Stakeholders and User Classes................................................................ 5 Table 3-1: Discovered Areas of Concern.....................................................................................................14 Table 3-2: Proposed Network Improvement Items....................................................................................... 25 Table 6-1: Recommended Strategies for User Access and Authentication................................................. 36 Table 7-1: Engineers Cost Estimate............................................................................................................ 39 Table C-1: Summary of Recommendations............................................................................................... C-1 16Al2 L ��' �v+�Iryd� i� i1�Bf,1NC►t'k R�'Vi$lllt'� Reco enrlair©ns Re � � .4 ��;�. ������� • • K6;., o',�a r, a"_... ,tee sCd._v ., +'. ...r ,f., . �`-r..< �,,... � ; .,• ..:.�,.f,r -u ..P,/� m.; „�,a` ..�.., -_- r, � , � � List of Acronyms ACLs................................................................................................................................Access Control Lists APL............................................................................................................................. Approved Products List ATMS..................................................................................................Advanced Traffic Management System CCTV........................................................................................................................ Closed Circuit Television CLI............................................................................................................................ Command Line Interface CV..................................................................................................................................... Connected Vehicle DAC................................................................................................................... Discretionary Access Control EIGRP.......................................................................................Enhanced Interior Gateway Routing Protocol EOL............................................................................................................................. ........... ........ End of Life ESC.......................................................................................................................Emergency Service Center FDOT.....................................................................................................Florida Department of Transportation FHWA............................................................................................................Federal Highway Administration IEEE...................................................................................... Institute of Electrical and Electronics Engineers IGMP.................................................................................................... Internet Group Management Protocol IGRP...........................................................................................................Interior Gateway Routing Protocol IP.............................................................................................................. Internet Protocol IPSec....................................................................................................................... Internet Protocol Security ISP............................................................................................................................Internet Service Provider ITS............................................................................................................. Intelligent Transportation Systems LAN................................................................................................................................... Local Area Network LAP.............................................................................................................................. Local Agency Program MAC.............................................................................................................................. Media Access Control MHUB.............................................................................................................Master Hub MMU.................................................................................................................Malfunction Management Unit MSDP..................................................................................................... Multicast Source Discovery Protocol MSRP.................................................................................................... Manufacturer Suggested Retail Price MSTP............................................................................................................ Multiple Spanning Tree Protocol OSPF........................................................................................................................Open Shortest Path First PIM................................................................................................................. Protocol Independent Multicast PIM-SM.....................................................................................Protocol Independent Multicast-Sparse Mode PIM-SM-DM...................................................................Protocol Independent Multicast Sparse -Dense Mode PVST+............................................................................................................ Per VLAN Spanning Tree Plus RADIUS...................................................................................... Remote Authentication Dial -in User Service Rapid-PVST+.........................................................................................Rapid Per VLAN Spanning Tree Plus RP...................................................................................................................................... Rendezvous Point RSTP............................................................................................................... Rapid Spanning Tree Protocol RTMC.......................................................................................Regional Transportation Management Center SAN.............................................................................................................................. Storage Area Network SSH............................................................................................................................................. Secure Shell SSM......................................................................................................................... Source Specific Multicast STMC.................................................................................................... Satellite Traffic Management Center iv 16Al2 Recommendations-Zzzzz zzzz Regional 'ITS NFD SWIFT................................................................................Southwest Interagency Facility for Transportation TMC......................................................................................................................Traffic Management Center TOR.............................................................................................................................................. Top of Rack UPS.....................................................................................................................Uninterrupted Power Supply VLAN..................................................................................................................... Virtual Local Area Network VRRP...................................................................................................... Virtual Router Redundancy Protocol WAN................................................................................................................................. Wide Area Network v 16Al2 1.Introduction 1.1 Task Overview The Regional Intelligent Transportation Systems (ITS) Network Review is intended to review the existing ITS and traffic signal regional network in Collier County (County) and the City of Naples (City) and provide a recommended best practices approach to establishing a network connection to the Florida Department of Transportation (FDOT) District One ITS Advanced Traffic Management System (ATMS) network for data and video sharing purposes. This document will also serve as regional standards guidance for the staff who currently manage and maintain their respective ITS and traffic signal networks, to support their current operations. This document begins the initial stage in FDOT District One's initiative to develop a regional ITS and traffic signal network which will be used to disseminate traffic -related information as needed. Also, this document is intended to provide recommended guidelines to allow each project stakeholder to integrate their network resources and share video resources with other regional partners without conflict. 1.1.1 Document Overview This document identifies specific guidance from the Institute of Electrical and Electronics Engineers (IEEE) Transactions on Professional Communication for Electronic and Information Technologies. This document also provides an overview of the Regional ITS Network Review task and key principles which guided the project discovery and assessment activities which included an overview of the project, the stakeholders, guiding principles, and referenced materials. This Regional ITS Network Review document, contains detailed descriptions of network components discovered, an assessment of each item, recommendations for updating those items and proposed replacement tools and equipment to deliver new capabilities that offer an improvement over the current operational state. As a function of the ITS Continuing Services Consultant Contract, Metric Engineering was requested to evaluate the existing ITS network located within FDOT District One, the County, and the City. The network peer review was requested to assist the County and City with developing a network strategy to provide a reliable, scalable, and redundant regional ITS network, This task includes providing recommendations for upgrading the County and City's network hardware which is to be completed under an upcoming Local Agency Program (LAP) project. Recommendations will also include a regional network architecture and configurations to establish network continuity for data and video sharing capabilities. In addition, this document will also provide guidance for the required IP address migrations mandated by FDOT Central Office to ensure all districts and regional partners are in compliance with the Statewide IP addressing scheme. The Regional ITS Network Review document, will illustrate a current state of the ITS network, security posture and communications equipment, documenting the items discovered and provides an assessment with associated strategies and recommendations for future deployments. The document also identifies FDOT I6Al2 & Z/ /y fmN Regional ITS Network RjRecommendatiot7s Report eview FQO r District One's, Collier County, and City of Naples stakeholders' user classes, identified system capabilities, and the existing network conditions of the system in ITS functional groups for establishing requirements. 16A 12 Regional ITS Network Review Recom 76ndafio,7s Report * •� 2. Project Stakeholder Discussions ,2.1 Coordination Efforts Metric Engineering was responsible for all coordination efforts for this task including scheduling meetings with all stakeholders for project related tasks. A kick-off meeting was held to serve as an introduction of staff of all stakeholders and Consultants and to provide all parties with an understating of the Scope of Services, progress meetings, project schedule, and important milestones. All subsequent meetings were coordinated by Metric Engineering through the FDOT District One project manager and the project stakeholders. 2.2 Stakeholder Identification The term project stakeholders refers to any individual or group affected by the activities of the ITS network assessment task, They may have a direct or indirect interest in the assessment, and their levels of participation may vary. Stakeholders include internal organizations, external agencies, or end users with a vested interest, or a "stake" in one or more aspect of the network. The stakeholders identified for this project includes FDOT District One, Collier County, and the City of Naples. User Classes are classified based on their perception of the system and the needs identified. Note that some key personnel may serve in multiple roles based on user needs and functions. 2.2.1 Florida Department of Transportation District One With a land area of nearly 12,000 square miles, FDOT District One represents twelve (12) counties in Southwestern Florida. Its 2.7 million residents contribute to the 42 million miles traveled daily on its state highways. FDOT District One provides capital grant funds to twenty-one (21) public airports, including three (3) international airports.' 'https:l/www.fdot.gov/agencyresources/d istrictshndex.shtm I6Al2 szaeg�c�inai 1TS Netwrark Review ofailo .� x „ Table 2-1: FDOT District One Project Stakeholders and User Classes User Classes o U FDOT District One Stakeholders ,O O O O �, Y N C f�`C oZS f�`Q U C�L6 En �O O f`-0 in z Mark Mathes, P.E, TSM&O Project Engineer Kat Chinault, CPM TSM&O Project Manager Mark Roberts Consultant Project Manager Tim Smith Project Manager ® ■ Michael Braun RTMC IT Manager Carlos Gomez ITS Technician lI Robbie Brown RTMC /Freeway Operations 2.2.2 Collier County The focus of Collier County's Transportation Engineering Division is to maintain safe traffic operations on their roads, implement capital improvements for the transportation network and to acquire needed property for capital programs. The Collier County Transportation Engineering staff works in project management teams that are made up of well -trained, highly motivated professionals who uphold the efficient use of public funds as their highest priority,2 2 https://www.coIliercountyfl.gov/your-govemmenVdivisions-s-z/transpogation-engineering-division 4 I6Al2 mrrrerad�f�Ans f?e �� � Table 2.2: Collier County Project Stakeholders and User Classes User Classes N o C � a E m Collier County Stakeholders Q O O 2 Q 3 L V N a, a F- O N 0- O a) Cn d U z c6 S E Q Anthony Khawaja, P.E. Chief Engineer of Traffic Operations Pierre Beauvoir Sr. Project Manager/Signal Systems ® a Network Specialist Harts Domond Engineering Technician ■ ® ® ® Iltrt 2.2.3 City of Naples The City of Naples operates and maintains forty-two (42) traffic signals within the city limits,3 In addition to maintaining traffic signals, the City also performed in-house traffic designs, roadway lighting on arterial roadways, roadway signing, and markings, and operates a TMC to monitor real-time traffic congestion and mitigation. Table 2.3: City of Naples Project Stakeholders and User Classes City of Naples Stakeholders User Classes O O a M 0 >1 '� L O N C c Q t~ O Q t- O co o v can' Z E Alison Bickett, RE Traffic Engineer, Streets & Stormwater 3https:l/www.naplesgov. com/streetsstormwater/page/streets-traffic 5 16Al2 User Classes N N City of Naples Stakeholders O C O O c O E d ` U fn _ `_' CO m 3 m C F- O � O w 0 CO z G Dave Rivera Streets & Traffic Supervisor Haroll Fernandez Engineering Technician O I bA 12 3. Network Architecture Design 3.1 Existing Network Assessment To obtain a comprehensive understanding of each agency's respective network, the network and infrastructure documentation was provided and reviewed by each stakeholder. The documentation provided included network topology diagrams, fiber optic infrastructure, splicing diagrams, and network equipment configurations. Based on the review, areas of improvement within each of the agency's respective networks were identified. Some improvements may only require reconfiguring existing hardware, while others may require the replacement of equipment and updating configurations. In some cases, gaps within the network documentation were identified, and Metric Engineering either requested additional information from the agency or made educated assumptions based on the data provided. All data collected from each agency is represented within the existing topology diagrams of this document. 3.1.1 Florida Department of Transportation District One FDOT District One has two (2) TMCs, the first is the Southwest Interagency for Transportation (SWIFT) SunGuideO Center in Fort Myers, Florida and the second is the Satellite Traffic Management Center (STMC) in Bradenton, Florida, There are one hundred seventy-eight (178) miles of roadway along Interstate 75 (1-75) with ninety-six (96) dedicated strands of fiber and four (4) network distribution hubs on the northbound side of 1-75 which connect the two (2) data centers, along with many field switches and devices that are used to monitor the interstate. FDOT District One is seeking to establish network communications between each agency for data and video sharing, as there are currently no existing network connections between the stakeholders. 3.1.1.1 Network Architecture_ Topology FDOT District One's current network topology consists of a linear ring network topology. The major benefits to the deployment of this topology are that it will allow FDOT District One to design and connect the County and City's' to be interconnected with each other without changing the existing network topologies. If one of the devices fail, the network traffic would be seamlessly routed back to the nearest router without a noticeable impact to the end user. To mitigate any network flooding or broadcast storms, the routers have been configured to use Rapid Spanning Tree Protocol (RSTP) which is a network loop prevention protocol. Since all the data flows in a single direction, the data transfer between devices can occur at higher speeds to further increase network performance. i bA 12 Regional ITS Network Review Recommendations Report ■ Figure 3.1: FDOT District One Existing Network and Communications Logical Diagram t ', 4� -- -----. - --- c 1 .area 1 3.1.1.2 Layer 2 (Data Link) and VLANs FDOT District One has implemented Virtual Local Area Network (VLAN) segments on both their core routers and ITS field switches. A VLAN can be described as a set of physical or logical ports within the same broadcast domain which can span numerous devices. By having a logical separation from other specific data, this will logically segment the network, so data is not transmitted to unnecessary devices or users. FDOT District One has chosen to deploy VLANs to increase data security and make the overall network simpler to manage. In addition to the deployment of VLANs, FDOT District One has deployed Per VLAN Spanning Tree Plus (PVST+). PVST+ is based upon the IEEE standard with Cisco proprietary extensions and is utilized on each specific VLAN to enable a loop -free transmission of network data. 3.1.1.3 Laver 3 (Network) Routing Protocols The FDOT District One network transmits ITS video images to their SWIFT SunGuide® Center, STMC, and to other local agencies. To ensure these images are routed from the field Closed Circuit Television (CCTV) cameras to their destination, the network can be capable of multicast routing. FDOT District One has chosen to utilize the Protocol Independent Multicast-Sparse Mode (PIM-SM) routing solution for distributing multicast traffic, PIM-SM is the preferred method of multicast routing which allows the multicast streams to dynamically discover active multicast sources outside of the native network domain. To share the video with the stakeholders, FDOT District One is also using Multicast Source Discovery Protocol (MSDP) which allows each multicast domain to advertise their multicast sources within the multicast group to the local Rendezvous Point (RP). The RP can replicate and route the multicast videos to the requested user either in or out of the multicast domain. I6Al2 J 3.1.1.4 Network Security IF®7 Currently, FDOT District One does not deploy network security items to protect their network from the proposed shareholder connections. After discussing network security practices with the FDOT District One network staff, additional network security recommendations were provided which are included within this document. 3.1.2 Collier County 3.1.2.1 Network Architecture Topology The Collier County network architecture is defined as a modified star network topology where all the data must be passed through a central device before being routed to its destination. If a failure of a single ITS switch occurs, it will not negatively impact the remaining devices in -line. In the event of a network device malfunction, the time to troubleshoot the device may be reduced due to the singular connection to the central device. However, the network impact would be more severe. The primary disadvantage of this modified star network topology is if the primary device at the TMC were to fail, the entire network would fail as well. In addition to a review of the network topologies, an in-depth review of the network configurations occurred. Based on the information provided, the existing network configurations identified each Master Hub (MHUB) location as unique and composed of multiple network segments. Each network segment did not possess a diverse and redundant network path in case of an equipment or fiber failure. All Layer 3 routing for the entire network was relied upon by the single core router located at the TMC. One network concern identified was the different types of Layer 2 field switches deployed in the field cabinets. The Layer 2 rings are comprised of both Cisco 2955 and RuggedCom RS900G switches which is a concern because the different types of switch manufacturers can potentially have interoperability issues and the County could have possible maintenance issues by having to stock replacement equipment from two different manufacturers. Furthermore, the existing Cisco ME3400E switches that were also identified do not support MSDP and are currently End of Life (EOL). This is an issue because the County would be unable to transmit or receive their regional agency partner video streams. Additionally, each MHUB was found not to have a redundant connection from the TMC core network which is the location where all routing is taking place, Another item also identified was that MHUB3 was found to have two (2) Cisco ME3400E switches which supply local hub switch rings and two (2) spurs to additional MHUB locations which had one link to MHUB4 and the other to MHUB5, This is a concern because this causes a single point of failure in the network and can potentially have the ability to affect network communications to downstream MHUB locations. This single point of failure could be caused from a loss of power as each MHUB location is not equipped with an Uninterrupted Power Supply (UPS) device. I 6A 12 Additionally, it was also discovered that numerous core networking equipment are performing unnecessary switching and routing. The core network in the TMC has two (2) Cisco ME3400E switches, one (1) Cisco C3560 switch, one (1) Cisco C2950 switch, one (1) HP 2530-24G switch, one (1) RuggedCom RS90OG switch and one (1) Cisco ASA 5506 firewall. Figure 3.2: Collier County Existing Network and Communications Logical Diagram gar=M'MVM - w 3.1.2.2 Layer 2 (Data Link) and VLANs nc.rn,• , ram. wa.�s+or. T ....{ _�Yc ) V4�OtyOwdrwLt � IiCJ.�Mi.WpTin During the investigation phase of the Collier County network, there were no network conventions identified between the MUHBs. Each MHUB router location had all VLANs configured to transmit them out of each tagged/optical port which means every VLAN is forwarding ethernet data to each Layer 2 field switch. The majority of fiber ports on the Layer 2 field switches are tagged with all VLANs whether they are used or not which causes increased network congestion. Collier County has also used VLANs to segment network functions. The differentiation between FDOT District One and Collier County is that Collier County has elected to utilize Rapid Per VLAN Spanning Tree (Rapid- PVST+). This spanning -tree mode is the same as PVST+ except that it uses a rapid convergence based on the IEEE 802.1w standard. Due to the existing daisy -chained architecture between each master, there is a chance a network loop can occur also referred to as a broadcast storm. This occurs when there is more than one Layer 2 connection/path between two endpoints. To prevent these broadcast loops, the use of a Layer 2 loop prevention protocol such as Rapid-PVST+ which allows the user to create a single spanning tree topology for each VLAN is suggested. To provide rapid convergence, the Rapid-PVST+ immediately deletes 10 16A 12 dynamically learned Media Access Control (MAC) address entries on a per -port basis upon receiving a topology change.4 3.1.2.3 Layer 3�NetworkJ_,Routinq Protocols After reviewing the County's network configuration files, specific routing protocols were identified and used by Collier County. All of the routing for all of the ITS field devices occurs at the Collier County TMC router. Besides the single routing location, the County utilizes static routes to direct traffic to specific external networks which are then routed through their existing firewall. Static routing is an ideal method for smaller networks (due to the ease of deployment) and for networks which do not have numerous topology changes or a high rate of projected growth, However, as the network grows, it will be increasingly difficult to manage the many route changes within the network router(s) which must be updated manually by the network administrator. Additionally, the County utilizes Enhanced Interior Gateway Routing Protocol (EIGRP) to route between the ITS networks dynamically. EIGRP is a dynamic routing protocol that updates route changes in the network automatically. The convergence properties and the operating efficiency of this protocol have improved significantly allowing for an improved architecture while retaining existing investment in IGRP.5 3.1.2.4 Network Security The County has previously installed a firewall to allow access to their network remotely through a Virtual Private Network (VPN) connection. A firewall is a network security appliance which serves as the first line of defense against potential cyber or internal network attacks and is designed to prevent, both internal and external, unauthorized systems and users from accessing network resources within a private local area network. By using the firewall for VPN connections, authorized County staff are able to establish an encrypted communications tunnel between their local computer and their remote Collier County device without worry of their data streams being compromised. This VPN connection aids the County network administration staff to connect to the ITS network for remote access, network troubleshooting, and the ability to access the network from just an internet connection from around the world if needed. According to the County personnel, the Apollo Metro Street Light Solution provides the County with a service for the street lights and is directly connected to the Collier County network by an outside internet connection. The Apollo Metro Solutions Street Light Luminaire with integrated Wireless Controller is capable of providing an alert as to why the streetlight has burnt out; be it electrical error or due to age.6 The operator can also see how many hours the bulb has been out and can then better plan the shift of the bulb.? This router is not 4 https://www.cisco.com/c/en/us/td/docs/routers/asr920/configuration/guide/lanswitch/16-6-1/b-lanswitch-xe-16-6-1- asr9201configure-pvst-rpvst. pdf 5 https://www.cisco.comic/en/uslsupport/docsf p/enhanced-interior-gateway-routing-protocol-eigrp/13669-1 .htmi4intro 6 http://bulldogenergy.org/2016/10/collier-county-continues-installation-of-apoIlo-metro-solutions-smart-led-street-lights/ 7 https://www.telenor.comitelenor-helps-cut-cost-of-lighting-oslos-streets/ 16A1Z MEN Re ional ITS Network Review],Recommendations Report w w managed by Collier County, but by an outside vendor via an external internet connection. A Cisco ISR4321 router was found attached to the TMC core which supplies a secure tunnel for the Apollo Street Light System. Lastly, it was also identified that the County does not utilize a central method for providing users access to field equipment. Moreover, it was discovered Collier County still utilizes some default username and passwords on their network devices. Using default equipment usemames and passwords is a network security concern because an unauthorized user can gain access by a simple internet search. 3.1.3 City of Naples 3.1.3.1 Network Architecture Topology The City's architecture is configured as a ring topology in which there are two (2) Layer 3 routers connected to field Layer 2 field switches, which are located at the City's TMC. The field switch is connected in a daisy - chained fashion and uses the Layer 3 routers as their gateway. Also, most of the ITS field rings terminate on both sides of the ring on a single router. For Layer 3, the City uses Cisco ME3400G, which are now EOL and ITS Express 8012-24+ for Layer 2 field switches. By not having a Layer 3 router which is currently available for purchase, the City will not have access to manufacturer upgraded firmware features (i.e,, security and software patches) and hardware support in the event of a failure. No replacement router will be available for purchase. Finally, it was discovered many of the network devices were not equipped with a redundant power source at all locations. Figure 3-3: City of Naples Existing Network and Communications Logical Diagram Niasrirron3.oa 7.CJA Wu Oam1960 Unto L.nar vtv Vlli Vt]0 Yty� �v�.v 3 vuz vw 1 y YLS2 YW NTOCSe -V3d00 viu YlI1 wi any _ 12 16Al2 Regional ITS Network Review I Recon7mendabons Report 3.1.3.2 Layer 2 (Data Link) and VLANs The City, like FDOT District One and Collier County, also uses VLANs for network segmentation, Similar to Collier County, the City of Naples has chosen to utilize Rapid-PVST+ for their network. The City has elected to transmit (or tag) only the required VLANs to be accessed at the Layer 2 location. Also, only a single VLAN is used and no specific management VLAN has been established for switch and CCTV/Video transmission. 3.1.3.3 Laver 3 (Network)_Routing Protocols The City provided network documentation regarding the current condition of their ITS network. After a review of the City of Naples' network documentation, it was determined that the City uses static routes to transmit their network traffic between specific networks. To route the roadside multicast video images throughout the network, the City uses Protocol Independent Multicast Sparse -Dense Mode (PIM-SM-DM) as their multicast routing protocol. This is a very common method used to route multicast streams throughout a network. In addition to the use of multicast video transmission, the City has also elected to utilize the TMC location for all of their routings to occur. To provide network redundancy between the core switches, the City has elected to use the Virtual Router Redundancy Protocol (VRRP), The VRRP redundancy protocol eliminates the single point of failure inherent in the static default routed environment. VRRP specifies an election protocol that dynamically assigns responsibility for a virtual router (a VPN 3000 Series Concentrator cluster) to one of the VPN Concentrators on a Local Area Network (LAN). The VRRP VPN Concentrator that controls the IP address(es) associated with a virtual router is called the Master and forwards packets sent to those iP addresses. When the Master becomes unavailable, a backup VPN Concentrator takes the place of the Master. 8 Another item which was discovered is that there is no network demarcation point established for the routed connection from Collier County 3.1.3.4 Network Security Without an added level of network security, the City of Naples TMC can potentially have a loss of communications to the field devices which can hinder the dissemination of traveler information to the motorists. The City currently has an existing firewall installed at the TMC and is able to protect itself from external internet threats. It was discovered the City of Naples Police Department has a direct connection to the City of Naples network and no demarcation point was established for the routed connection from the Police Department. Another identified network security item was the City of Naples still utilizes default 8 https://www.cisco.00m/den/us/support/docs/security/vpn-3000-series-concentrators/7210-vrrp.html 13 I6Al2 so usernames and passwords. Using default equipment usernames and passwords is a network security concern because an unauthorized user can gain access by a simple internet search. Lastly, it was also identified that the City does not utilize a central method for providing users access to field equipment. Table 3-1: Discovered Areas of Concern The table below identified areas of concern when performing an audit of the stakeholder networks in an overall tabular format. Section ID Discovered Concerns Agency 3.1.1.4 No network security items are proposed for Cyber threats can be either FDOT District Regional Partner external connections. transmitted from or to the project One stakeholders. 3.1.2.1 The Layer 2 field rings are comprised of In some cases, various vendors multiple switch vendors such as Cisco 2955 implement Layer 2 protocols and RuggedCom RS900G switches. differently, which causes Collier County compatibility issues between the switches and cause network disruptions. 3.1.2.1 Numerous core networking equipment are Due to the amount of TMC performing unnecessary switching and routing, equipment that can switch or route, The core network in the TMC has two (2) Cisco additional network latency can be ME3400E switches, one (1) Cisco C3560 caused including communication Collier County switch, one (1) Cisco C2950 switch, one (1) HP failure due to equipment 2530-24G switch, one (1) RuggedCom malfunction. RS900G switch and one (1) Cisco ASA 5506 firewall. 3.1.2.1 Each MHUB was found to be a non -redundant If a MHUB were to fail, it would Layer 2 connection from the TMC core network potentially hinder ITS with all routing taking place at the TMC. communications to all downstream Collier County MHUBs causing an unwanted network outage. 14 1 6A 12 Reo�ra�:tx� iidat,�irzs Re � " � �� � � ■ • Section ID Discovered Concerns Agency 3.1.2.1 MHUB3 was found to have two (2) Cisco By having two (2) switches and ME3400E switches which supplies local HUB non -redundant connection at the switch rings and two (2) non -redundant core routers, this equipment connections to additional hubs. One link to configuration can cause a single Collier County MHUB4 and one link to MHUB5. point of failure and potential network failure, due to all routing occurs at the TMC location. 3.1.2.1 The ITS network includes Cisco ME3400E Due to the switches being the end switches at the core and MHUB levels which of life, if either experienced a are EOL hardware failure, the County will Collier County not receive support or a replacement switch 3.1.2.1 No network redundancy was identified between If a fiber optic cable cut would MHUB 5 and the TMC, occur, no redundant optical path is Collier County available to reroute within the network 3.1.2.1 No current method of video routing was Collier County would not be able to identified in the County core configurations. send or receive any partner video Collier County streams. 3.1.2.4 No current user authorization or authentication No centralized method to provide is deployed. user credentials and access to the Collier County device. 3.1.2,4 A router was found attached to the TMC core The Apollo router is managed and a which supplies a secure tunnel for Apollo Street accessed by the vendor. An Light System. external internet connection is managed by a third party and Collier County Collier County does not have access to Apollo router causing a network security concern. 3.1.2.4 Collier County also utilizes default user Using default equipment accounts for a number of ITS devices. usernames and passwords is a network security concern because Collier County an unauthorized user can gain access by a simple internet search iF 16A14 Section Discovered Concerns Agency ID 3.1.2.1 MHUB3 was found to have two (2) Cisco By having two (2) switches and ME3400E switches which supplies local HUB non -redundant connection at the switch rings and two (2) non -redundant core routers, this equipment connections to additional hubs. One link to configuration can cause a single Collier County MHUB4 and one link to MHUB5. point of failure and potential network failure, due to all routing occurs at the TMC location. 3.1.2.1 The ITS network includes Cisco ME3400E Due to the switches being the end switches at the core and MHUB levels which of life, if either experienced a are EOL hardware failure, the County will Collier County not receive support or a replacement switch 3.1.2.1 No network redundancy was identified between If a fiber optic cable cut would MHUB 5 and the TMC. occur, no redundant optical path is Collier County available to reroute within the network 3.1.2.1 No current method of video routing was Collier County would not be able to identified in the County core configurations. send or receive any partner video Collier County streams. 3.1.2.4 No current user authorization or authentication No centralized method to provide is deployed, user credentials and access to the Collier County device. 3.1.2.4 A router was found attached to the TMC core The Apollo router is managed and which supplies a secure tunnel for Apollo Street accessed by the vendor. An Light System, external internet connection is managed by a third party and Collier County Collier County does not have access to Apollo router causing a network security concern. 3.1.2.4 Collier County also utilizes default user Using default equipment accounts for a number of ITS devices. usernames and passwords is a network security concern because Collier County an unauthorized user can gain access by a simple internet search 15 1 6A I WA ' ,+r►c lwiiv l+zaizrreada[iosRepc�rt �� Section ID Discovered Concerns Agency 3.1.3.1 ITS network is comprised of two (2) core Layer By having two (2) switches and ! 3 Cisco ME3400G switches located at City of non -redundant connection at the Naples' TMC. core routers, this equipment configuration can cause a single City of Naples point of failure and potential network failure, due to all routing occurs at the TMC location. 3.1.3.1 Most of the ITS field rings terminate both sides Since each ITS terminates on a of the ring on one of the ME3400Gs. single ME3400G, if one router would fail, Ethernet City of Naples communications would be halted. 3.1.3.1 Network Equipment Concern — Current Cisco Due to the switches being at the ME3400Gs are EOL. end of life, if either experienced a hardware failure, the City of Naples City of Naples will not receive support or a replacement switch. 3.1.3.1 Network devices do not have a redundant Loss of power will result in a loss of City of Naples power source at all locations. ITS network device communication. 3.1.3.3 No network demarcation point was established By having a network demarcation for the routed connection from Collier County. point, it will allow the City of Naples to mitigate or disconnect from City of Naples Collier County if a broadcast storm was detected. 3.1.3.4 No network demarcation point was established By having a network demarcation for the routed connection from the City of ( point, it will allow the City of Naples Naples Police Department. to mitigate or disconnect from the City of Naples ' police department if a broadcast storm was detected. 3.1.3.4 City of Naples also utilizes default user Using default equipment accounts for a number of ITS devices. usernames and passwords is a network security concern because City of Naples an unauthorized user can gain access by a simple internet search 0 16A1 Section Discovered Concerns Agency ID 3.1.3.1 ITS network is comprised of two (2) core Layer By having two (2) switches and 3 Cisco ME3400G switches located at City of non -redundant connection at the Naples' TMC, core routers, this equipment configuration can cause a single City of Naples point of failure and potential network failure, due to all routing occurs at the TMC location. 3.1.3.1 Most of the ITS field rings terminate both sides Since each ITS terminates on a of the ring on one of the ME3400Gs. single ME3400G, if one router City of Naples would fail, Ethernet communications would be halted. 3.1.3.1 Network Equipment Concern — Current Cisco Due to the switches being at the ME3400Gs are EOL. end of life, if either experienced a hardware failure, the City of Naples City of Naples will not receive support or a replacement switch. 3.1.3.1 Network devices do not have a redundant Loss of power will result in a loss of City of Naples power source at all locations. ITS network device communication. 3.1.3.3 No network demarcation point was established By having a network demarcation for the routed connection from Collier County. point, it will allow the City of Naples to mitigate or disconnect from City of Naples Collier County if a broadcast storm was detected. 3.1.3.4 No network demarcation point was established By having a network demarcation for the routed connection from the City of point, it will allow the City of Naples Naples Police Department. to mitigate or disconnect from the City of Naples police department if a broadcast storm was detected. 3.1.3.4 City of Naples also utilizes default user Using default equipment accounts for a number of ITS devices. usernames and passwords is a network security concern because City of Naples an unauthorized user can gain access by a simple internet search W 16Al2 Regional ITS Network Review J Ft'.:r�;��mencfatiot�s �{rt • • Section ID Discovered Concerns Agency 3.1.3.4 No current user authorization or authentication No centralized method to provide I is deployed. user credentials and access to the device. City of Naples 17 16Al2 FD 3.2 Proposed Network Improvements To support the Federal Highway Administration (FHWA) Open Bid Policy, all recommendations were developed from a vendor agnostic perspective. Only brand names were identified to obtain a Manufacturer Suggested Retail Price (MSRP) for budgetary purposes. 3.2.1 Florida Department of Transportation District One 3.2.1.1 Network Architecture Topology FDOT District One recently completed an upgrade of their network equipment at the core and MHUB locations. The only topology change for FDOT District One will include adding a connection to both the County and the City at the MHUB near the Alligator Alley Toll Plaza and the FDOT District One SWIFT SunGuide@ Center. A single one (1) gigabit (Gb) connection at this location will be installed to allow for video and data sharing with the County and City. 3.2.1.2 Laver 2 (Data Link) and VLANs No Layer 2 (Data Link) or VLAN improvements were identified. 3.2.1.3 Layer 3 (Network) Routing Protocols No Layer 3 (Data Link) or routing protocol improvements were identified. 3.2.1.4 Network Security FDOT District One currently utilizes an existing firewall and stated they would be migrating this existing firewall from the SWIFT SunGuide@ Center to the FDOT District One Headquarters building located in Bartow, Florida. The primary function of the migrated firewall would allow the ITS network to deploy secondary internet access to the ITS and traffic signal network. The migration would also allow the network team to purchase a systemwide firewall to secure the existing stakeholder connections, which are currently being secured by the use of Access Control Lists (ACLs) which deny all traffic unless a predefined rule or policy exists. It is suggested to install another firewall appliance in -line with the proposed stakeholder connection at the Alligator Alley Toll Plaza MHUB. The current firewall deployed at the SWIFT SunGuide® Center does not support source specific multicast. Source Specific Multicast (SSM) is a datagram delivery model that best supports one -to -many applications, also known as broadcast applications. SSM is a core networking technology for the Cisco implementation of IP multicast solutions targeted for audio and video 18 1bAl2 s Regi on ITS Network Review I Recori7rnenaations Report a � broadcast application environments.9 This will allow FDOT District One's network security staff to protect the FDOT District One network from unwanted cyber security issues, In addition, this firewall will also provide network logical separation from the stakeholders' existing network by effectively isolating all networks from external threats. All network security equipment will be purchased, installed, and configured by FDOT District One's internal network engineering staff. There is an importance for all of the network equipment be updated to the latest stable firmware which will allow for all identified security vulnerabilities to be patched and no longer accessible. 3.2.2 Collier County 3.2.2.1 Network Architecture Topology After a review of the County's network documentation of the fiber optic infrastructure, network logical diagrams and the network equipment configuration files, a few items were identified that can improve the efficiency of the existing network and allow for easier daily maintenance for the County's network administrator. These recommendations will also facilitate the proposed data and video connection to FDOT District One, As part of the LAP agreement, it is recommended to replace each of the Cisco ME3400E switches with updated switches. This will enable the County to receive hardware and software support from the vendor. Also, the County requires a Layer 2 switch that can continue passing fiber optic traffic when the switch is powered off. To meet this requirement, it is recommended to purchase and install Layer 2 switches capable of optical bypass which will enable self -healing rings. There was also an outlining requirement to identify equipment manufacturer warranties and support contracts to keep up with current firmware patches and receive support in the event of an equipment failure. Finally, as requested by FDOT Central Office, there is a need to change IP addresses to integrate with the existing FDOT Statewide ITS WAN network. Additional funds were identified for the warranties and IP Address changes in Table 7-1, which is the Engineers Cost Estimate. To reduce the amount of network equipment to manage and maintain, the recommendation is to consolidate the existing connections, which are currently connected to the TOR and applicable field rings on a proposed aggregation switch to increase the existing port capacity and decrease switch processor overhead. 9 https://www.cisco.com/c/en/usltd/docsfos-xmIAosfipmulti_pim/configuration/imc-pim-xe-3e/imc-ss-mc.pdf E 16A1 '6 Regional ITS Network Review Recorrrlrien&farlons Report Another recommendation would be to utilize the core routers, which are capable of deploying MSDP for multicast sharing. MSDP will be required to establish a multicast peering with the City and FDOT District One. In respect to the Layer 3 routing, it is recommended to establish redundant point-to-point connections between each MHUB back to the TMC and Emergency Service Center (ESC) using a dynamic routing protocol such as EIGRP or Open Shortest Path First (OSPF). This will also greatly reduce administration overhead as it pertains to managing the network and reduce the potential of network outages due to broadcast storms. If a network misconfiguration occurs in the field, creating a broadcast storm, the core router's performance will be negatively impacted and shift all routing to the MHUB locations to mitigate the current single point of failure at the TMC for all routing. The proposed routers are capable of routing the field networks from the MHUB locations to the TMC. The proposed routers will have a greater port density than the existing Cisco ME3400Es, which allows for reducing the number of chassis needed as well as reducing the annual warranty and support costs. By adding redundant MHUB point-to-point links, it increases system resiliency to fiber cuts and equipment failure at the MHUB locations. A supplemental benefit of the proposed deployment is the familiarity of the Command Line Interface (CLI) by the network staff and the ability for each stakeholder to assist the other if additional assistance is needed. Lastly, it is suggested to replace the Cisco ME3400Es as the last day of software maintenance releases will be October 3, 2019 and the End of Sale for these units was October 3, 2018. In addition, the Cisco 2955 are also recommended for replacement because the last date of all support services was on July 31, 2018. An alternative proposal is to consolidate network connections at the MHUB locations. By consolidating the connections, it would allow for future expansion using existing equipment if needed. The recommendation is to consolidate connections at MHUB3 onto one (1) router, freeing up a pair of fiber to have a direct connection from the TMC to MHUB5. It was also observed to build in additional optical redundancy into the network by utilizing additional optical fiber along CR951 from MHUB5 to the ESC to provide a redundant routed path from MHUB5 to the TMC by way of the ESC. A redundant optical connection would allow for the primary connection to be lost and no impacts would be seen by the end users. Another recommendation for the County is to establish a proposed connection to the remaining stakeholders by implementing MSDP peering between FDOT District One, the City of Naples and Collier County for multicast video sharing. This will ensure proper segmentation while providing full video service to and from each agency. The final recommendation is to upgrade the connection between the TMC and the EOC to ten (10) gigabit. The increased bandwidth will allow the data replication of the Storage Area Network (SAN) between these sites to be more efficient and will allow the replication of data between the primary and back-up locations to take less time to complete. 20 I6Al2 Re gnat 1T5 Network Reviewr Recomrrt�ndatrons Re !ort • •'� Figure 3-4: Collier County Proposed Network and Communications Logical Diagram cw+ a v a t FOLK > --------------------------------- 3.2.2.2 Layer 2 (Data Link) and VLANs The recommendation is to install and configure the same type of Layer 2 field switches to be deployed in the field cabinets. By deploying the higher port density switch at each cabinet location, it will reduce the deployment times and the need to purchase additional Layer 2 switches for stand-by replacements. An update of the existing VLAN structure is also proposed. Each switch and VLAN equipment configuration will be consistent across the entire network and will only transmit the required VLAN network traffic which is required at each ITS device location, It is also recommended that the City installs UPSs at the TMC and at each MHUB location to ensure all networking equipment remains active during a power outage and can guard against power surges and brown outs. This also provides "clean" power to the ITS network equipment if the traffic signal was to be powered by an emergency generator. 3.2.2.3 Layer 3 (Network) Routing Protocols The first Layer 3 recommendation would be for the County to create a point-to-point network connection to FDOT District One and one to the City. Once the connection is established, it is recommended to implement MSDP peering between FDOT District One and the City for multicast video sharing which will ensure proper network segmentation while providing full video streaming between each agency. The second recommendation would be to create a point-to-point routed connection between each MHUB router and the proposed core to facilitate the dynamic routing between each router. Also, by moving their routed gateways F4 16Al2 `i4neNetwork Review A Vions Report to their respective MHUB locations, it will reduce the amount of network latency and also the core router processor overhead. 3.2.2.4 Network Security It is suggested to configure the proposed firewall appliance and install this device in -line with the new stakeholder connections. The installation of the proposed firewall will allow the County network security staff to protect the County network from unwanted cyber-attacks and other external threats from partner agencies and also allow external access to their network securely if direct network access is not available. The external access is not a traditional VPN connection but a secured internet connection also known as a secure tunnel. To ensure external information is routed correctly the configuration of ACLs is recommended at the router locations to designate which networks are allowed to access the remote agency network or be routed to the firewall for existing verification. This proposed firewall will also provide network logical separation from the stakeholders' existing network by effectively isolating all networks from external threats, Finally, the County should assume management of the Apollo machine to ensure all proper network security policies are implemented and validated. In addition to the installation of a new firewall, it is also recommended that the County installs a Remote Authentication Dial -In User Service (RADIUS) server. RADIUS is a client/server protocol and software that enables remote access servers to communicate with a central server to authenticate dial -in users and authorize their access to the requested system or service. Ultimately, the server provides better security, allowing an institution to set up a policy that can be applied from a single administered network point which is easier to track usage for billing and for keeping network statistics.10 Packet Type - Access Request r Username, assword Access-AcceptJAccess-Reject t User Service, Framed Protocol Access Access Challenge (optional) _ Server Reply Message RADIUS Server It is recommended that the County change the default user credentials on ITS and ATMS devices and implements a solution to provide a centralized method to provide user credentials and access to the device. One option is to use a RADIUS server which incorporates an authentic user group and access level to each 10 https://searchsecudty.techtarget.com/definition/RADIUS 'I https://www,cisco.com/c/en/us/suppoWdocs/security-vpn/remote-authentication-dial-user-service-radius/12433-32.html 22 16Al2 lanai !7S Network Review j Recor-7.mendarions Report X . • field device and to limit individuals who are trying to access the network without the appropriate credentials. For instance, if a new traffic signal project would require network access, Collier County could create a unique username and password for each technician. Once the project is completed, Collier County could then delete the temporary users from a single location instead of having to reconfigure each network device to remove the users. Not all devices are capable of communicating with a RADIUS server and in that case, another method such as manual configurations or development of a script may be used. These security recommendations include performing an extensive audit of devices and users which have access, or potentially can access, the network remotely via the VPN connection. 3.2.3 City of Naples 3.2.3.1 Network Architecture Topology As it relates to the network architecture, it is recommended that the City replaces the existing EOL Cisco Catalyst 3400s and installs two (2) new up-to-date switches in a stacked configuration, Stacking the proposed switches will allow for management of both switches as one logical switch while providing physical redundancy for the ITS rings. Additionally, by upgrading the core switches at the TMC to newer models, the City of Naples will have vendor hardware support and warranty which is needed to mitigate any firmware or network connectivity issues. A key benefit of implementing a stack core configuration is that the existing ITS device rings will diversely connect to the stack which will provide physical redundancy and help prevent a potential loss of communications to the field devices if one of the field switches fail. Figure 3-5: City of Naples Proposed Network and Communications Logical Diagram Port channel to Tim Stack I w7 I I vua vteo vku yn Qss Nu vu7 y� nm VM vuz K.p1 sTW Ij I i Prcpo-d St.* _ 4�it W3i d5 4,6i y� 3.2.3.2 Layer 2 (Data Link) and VLANs The City currently uses ITS Express 8040 with optical bypass monitoring; however, the switches are no longer under warranty. It is recommended to upgrade the existing switch to the latest model to ensure 23 16Al2 aaft) Ita "'J `S network Review Recrltnm8r r atrAns / epprt s warranty and support for future issues. It is also recommended that the City installs UPS's at the TMC location to ensure all networking equipment remains active during a power outage and can guard against power surges and brown outs. This also provides "clean" power to the ITS network equipment if the traffic signal was to be powered by an emergency generator. For the VLAN structure, the recommendation is to segment the multicast video from the legacy signal equipment. By segmenting the video, this will allow for legacy traffic signal devices to be unaffected by the multicast data which could possibly cause the legacy device to continuously reboot. 3.2.3.3 Layer 3 (Network) Routing Protocols From a Layer 3 perspective, it is recommended that the City establish a point-to-point network connection to the remaining stakeholders. As with FDOT District One and the County, the City would need to implement MSDP peering between FDOT District One and Collier County for multicast video sharing. This ensures proper segmentation while providing full video service to and from each agency. As VRRP was considered, it is recommended to configure both proposed switches in a stacked chassis, As indicated above, the City should implement MSDP peering between the City of Naples, Collier County, and FDOT District One for multicast video and data sharing. MSDP allows each multicast domain to advertise ITS multicast sources within the group to the local RP. All RPs will reside on separate network domains and will facilitate the discovery and sharing of all the different stakeholder video streams or camera feeds and will be routed to the requested network user. The use of MSDP protocol will be required to share roadside (multicast) videos between all the stakeholders. The deployment of MSDP peering creates best practice PIM- SM boundaries between the City of Naples and Collier County. Finally, upgrading the core switches to Cisco C3850s is necessary to enable MSDP capabilities, as the existing Cisco ME3400Gs do not support the required MSDP. 3.2.3.4 Network Security The City does not currently have a firewall in place to protect against external threats. It is recommended that the City purchase a firewall for this purpose. The firewall will also serve as a security gateway to external networks and will allow the City to implement additional network security measures. This proposed firewall will also provide a secure demarcation point for the City of Naples Police Department which is currently directly connected to the City of Naples traffic network and video control server. It is also suggested that the City utilize a central method for providing users access to field equipment. The recommended method would be the use of a RADIUS server. For devices that are not capable of communicating to a RADIUS server, it is recommended to manually update user admin credentials periodically or use a script to perform this action. 24 I6Al2 .Y,d, n-' y.-�� ' �a:a r s.. , ,:z.;.. „r.sx d. , i � r�-�-N.�,atil bw"i � ✓-n'H �.. €' � E, It was discovered that the signal controllers, MMUs, UPS, workstations, and servers were only being managed by a single administrator account. In contrast, the VDG Sense video software was the only system which had unique usernames and passwords with different levels of access depending on their current position. The final recommendation would be to remove default credentials from ITS field devices and assign a unique username and password to each employee who has access to the network. Having a single administrator password will not allow the ability to track or hold staff accountable for network configuration changes. 3.2.4 Proposed Network Improvements Below is a synopsis of the proposed network improvements in a tabular format. Table 3-2: Proposed Network Improvement Items Recommendation Recommendations Benefits Agency Identifier 3.2.1.4 Suggest purchasing a new firewall Protect the Department from appliance and installing this device in- unwanted stakeholder cyber threats line with the proposed stakeholder and to provide a routed demarcation FDOT District connection at the Alligator Alley Toll point, One Plaza MHUB. 3.2.2.1 Suggest replacing the Cisco Due to the switches being at the end ME3400Es. Last day of software of life, if the switches experienced a maintenance releases will be October hardware failure, the County would Collier 3, 2019. End of Sale for ME3400s was not receive support or a County October 3, 2018. replacement switch. 3.2.2.1 Recommend replacing RuggedCom Allows the Layer 2 switch to pass RS900G with a switch with a higher optical traffic if the switch were to port capacity and with the optical lose power or fail. Additionally, due bypass feature. Also, suggest replacing to the switches being at the end of Collier the Layer 2 Cisco 2955s. Last date of life, if either unit experienced a County all support services for the C2955 was hardware failure, the County would on July 31, 2018, not receive support or a replacement switch. 25 I6Al2 Fob Recommendation Identifier Recommendations Benefits Agency 3.2.2.1 Proposed routers are fully Layer 3 If a network misconfiguration occurs capable to move to route off the field in the field, creating a broadcast networks out to MHUB locations from storm, the core router's performance TMC, will be negatively impacted, moving Collier a all routing to the MHUB locations to County mitigate the current single point of failure at the TMC for all routing. 3.2.2.1 Utilize fiber along CR951 from MHUB5 A redundant optical connection to the ESC to provide a redundant would allow for the primary routed path from MHU65 to the TMC connection to be lost and no Collier by way of the ESC. impacts would be seen by the end County users. 3.2.2.1 Deploy the County owned Cisco 6509- Collier County would be unable to E to enable MSDP capabilities as the send or receive any partner video Collier existing Cisco ME3400Es do not streams. County support MSDP. 3.2.2.1 Adding redundant MHUB point-to-point Will increase system resiliency to links. fiber cuts and equipment failures at Collier the MHUB locations, County 3.2.2.1 Consolidation of fiber connections. By consolidating the connections, it would allow for future expansion Collier using existing equipment if needed. County 3.2.2.2 Install Uninterrupted Power Supplies at Will keep equipment operational all MHUB Locations and TMC, during power outage and clean Collier power when cabinet is connected to County an external generator, 3.2.2.4 Install a RADIUS server for user Have the ability to manage all authentication. ITS(TOR/Active Directory from a Collier single location and interface. County 3.2.2.4 Eliminate default user credentials and This will prevent any user from assigning each user a unique retrieving the default credentials username and password, from the internet and using these Collier identified credentials to access the County ITS network. 26 I6Al2 1"C R@W ;'aCamtr�i datrcins Report �� s ■' Recommendation Identifier Recommendations Benefits Agency 3.2.2.4 Obtain network management and Will allow Collier County to mitigate control of the Apollo router, external internet threats which could Collier Reconfigure with proper network be introduced by the third party County security protocols, vendor, 3.2.3.1 Upgrade the EOL Cisco ME3400G Due to the switches being at the end switches to an updated model with of life, if either device experienced a upgraded features and manufacturer hardware failure, the City of Naples City of support. would not receive support or a Naples replacement switch. 3.2.3.1 Utilize two (2) new Cisco C3850s in a Provides network resiliency in the stack to manage as one (1) logical form of redundant routing engines switch while providing physical and network expansion flexibility City of redundancy for the field ITS rings. with minimal impact to a Naples configuration 3,2,3.1 Ensure all field rings are diverse across This will ensure if one of the stacked Cisco C3850s switches. chassis switches fails it will fail over City of to a single router no physical Naples intervention is required, 3.2.3.2 Install Uninterrupted Power Supply at To provide auxiliary power during City of TMC location. power outages and brownouts to ensure service continuity. Naples 3.2.3.2 Purchase new Layer 2 Field Ethernet Will allow for the optical signal to be Switches with optical by-pass feature. transmitted if power to switch would City of be lost allowing for downstream Naples ethernet communications to remain online. W 3.2.3.4 Purchase and install a firewall to use To protect City of Naples from as a demarcation point for routed unwanted stakeholder cyber threats City of connection from other agencies and to provide a routed demarcation Naples point. 3.2.34 Purchase and install a firewall to use To protect City of Naples from as a demarcation point for routed unwanted stakeholder cyber threats City of connection from the City of Naples and to provide a routed demarcation Naples Police Department. point, 27 I6Al2 Recommendation Identifier Recommendations Benefits Agency 3.2.3.4 Install a RADIUS server for user Have the ability to manage all authentication. ITS/TOR/Active Directory from a City of single location and interface. Naples 3.2.3.4 Eliminate default user credentials and This will prevent any user from assigning each user a unique retrieving the default credentials username and password, from the internet and using these City of identified credentials to access the Naples ITS network. 28 I6Al2 11. M11W111ffA ?A? ?A? PAPA FIJA A I A? PA PA ANNE Re-Wonal ITS Network Review Recommendations Report 4. Proposed Regional Network Strategies 4.1 Proposed Network Architecture Design In the network topology below, FDOT District One will establish a routed connection to Collier County's Master Hub Five from which Collier County will utilize a Layer 2 Tunnel to carry the routed connections back to the firewall at the Collier County TMC. Once routed communications are established, the MSDP protocol will be used to facilitate video sharing. The City of Naples will also establish a routed connection to Collier County who will then share their unicast and multicast data with FDOT District One and Collier County by the previously mentioned routing protocols. Figure 4.1: Proposed Regional Network Architecture Diagram C.N. Cwfry-Wc ueove ary nt trope, t. r.n. i ` aYs6 arorfup... rnrc �{ese.*''\ SUe4ed CD.'A y. WUCMw�M CCYi�f CWnCY-KNU6] 29 Catlin to�ncti-MNUlS pµu rt,ur at v -.r: crrr� i6Al2 WIN Pri Ila �a Nto> R@Vt@W'it'CL?f??iYJBIt$cl�fEifS� R`a`'�� • 4.1.1 Proposed Internet Protocol (IP) Schematic FDOT District One received IP address allocations for the ITS network from FDOT Central Office for the district and ITS local transportation agencies. It was the responsibility of each FDOT district to allocate IP addresses to each local agency, As part of this network review, Metric Engineering was requested to review the existing IP schematic for both the County and City and recommend a new IP schematic based on the IP allocations provided by FDOT District One. Metric Engineering consulted with each FDOT District One stakeholder to identify each of the needs as it relates to IP networks and hosts per network to determine an appropriate IP schematic. 4.1.1.1 Florida Department of Transportation District One FDOT District One's network has previously been configured to use the updated IP schematic allocated by FDOT Central Office. No changes to the existing FDOT District One IP Address Scheme is proposed at this time. 4.1.1.2 Collier Countv The County's existing IP Scheme and list of existing traffic signal devices was provided and reviewed. It was noticed that there is an immediate need for Collier County to reassign IP addresses to all of their existing field equipment to meet their future network equipment requirements. After meeting with the network engineering staff at the County, additional IP addressable devices were identified which requires network connectivity back to the TMC such as Connected Vehicle (CV) devices, Wireless Street Lighting (Apollo), Sensys vehicle counters and power distribution units. The additional equipment need was used to determine an IP schematic that would accommodate the largest potential network expansion with the least amount of wasted IP addresses. The current recommendation is to update the existing ITS network IP address list and assign specific ITS network equipment into segmented VLANs. This change will facilitate the segmentation of multicast traffic, so the data stream will not cause connectivity issues in legacy traffic signal and detection equipment and to include the ability for future expansion. Additionally, having the traffic signal controller in the same network as the proposed CV connections allows for a reduction in network latency, further increasing network reliability, which is required for these devices, The proposed IP addressing scheme was developed for the number of required addresses identified for the proposed CCTV cameras. Collier County had informed Metric Engineering that there was a need to assign a total of four (4) CCTV cameras per signalized intersection. This proposed assignment would allow for two (2) CCTV cameras be placed at the intersection and one (1) mid -block camera to be placed at both the ingress and egress of the intersection, Additional discussions and comments will need to be addressed with FDOT District One, FDOT Central Office and Collier County collectively due to the fact that the amount of 30 I6Al2 a #work fvrewE'Gi multicast addresses required would exceed the amount of addresses assigned to Collier County. To ensure Collier County remained in the assigned block of multicast addresses, Metric Engineering had to reduce the number of cameras at each intersection, Illustrated in the sample IP Address List located in Appendix B of this document. Metric Engineering was only able to assign each intersection a single intersection camera and a single midblock camera. 4.1.1.3 City of Naples Overall, the same recommendations apply to the City of Naples, as they will be connecting to the Collier County Network; less the requirements of additional multicast addresses. The current proposal is to update the existing ITS network IP address list and assign specific ITS network equipment into segmented VLANs. This change will facilitate the segmentation of multicast traffic, so the data stream will not cause connectivity issues in legacy traffic signal and detection equipment and to include the ability for future expansion. Additionally, having the traffic signal controller in the same network as the proposed CV connections allows for a reduction in network latency, further increasing network reliability, which is required for these devices. 4.1.2 Data and Multicast Sharing Between Agencies Sharing agency signal data and multicast video between each of the stakeholders has great benefit for each agency. A benefit to sharing data between agencies is that each governing agency will be able to participate in joint incident management, signal performance measures and/or coordination of traffic signals to increase the roadway capacities, The stakeholders can then have immediate access to their partner agencies to obtain real time traffic data. Finally, each stakeholder can access the signal data both inside and outside their jurisdiction to obtain the signal/video images to assist with incident management with each respective TMC. To share multicast video between the required agencies, Metric Engineering proposes that each agency establish a dynamically routed point-to-point connection to one another to deploy MSDP peering to interconnect the three (3) Protocol Independent Multicast (PIM) domains. This method allows the network equipment to reroute multicast data during an outage and also dynamically learn new multicast devices to share with other agencies without external intervention. 4.1.2.1 Florida Department of Transportation District One FDOT District One currently shares their multicast streams with other local agencies (i,e. Manatee County, Sarasota County) using the MSDP peering protocol with the Rendezvous Point (RP) router located at the FDOT District One SWIFT TMC. The only recommendation for FDOT District One regarding data sharing between the stakeholders is to coordinate with the other stakeholders to ensure the proper security protocols are implemented and the multicast RP router is properly configured. This must be done prior to interconnecting each agency to reduce the likelihood of a possible network conflict. 31 i6Al2 VISA, I I All WINA Regional ITS Network Review 'econ7,wendations Report 4.1.2.2 Collier Countv Since Collier County is not currently utilizing multicast video transmission on their network, additional items will be needed to be implemented in order to deploy the proposed MSDP. To begin the MSDP deployment, Collier County would need to enable multicast transmission on each of their roadside CCTV video cameras. The County would also need to enable Internet Group Management Protocol (IGMP) Snooping on each Layer 2 switch within the network, IGMP Snooping will allow the routers to maintain the multiple multicast connections between the source (camera) and the router. Next, the County will need to configure their routers for MSDP and PIM-SM. Additionally, the implementation of a static route will be required on each border router within Collier County. Finally, the County would need to configure an RP on the ITS core router to ensure all video is managed, collected, and then routed properly, 4.1.2.3 City of Naples The City of Naples utilizes multicast but their network routers are not currently capable of MSDP peering. The implementation of MSDP peering would be more focused at the core router locations and requires the City to replace their core routers with routers that are MSDP capable, Once replaced, the City would need to configure PIM-SM and static routing on their core router. 32 3 A 1 mow. Regional ITS Network Review I Recommendallons Report 5. Standardization of ITS Communications Equipment 5.1 Agency Network Requirements In an effort to standardize the method of communication between the stakeholders in the FDOT District One region, it is recommended that each agency implements the use of standard protocols to ensure the network compatibility. Some of the protocols include, but are not limited to: • Virtual Local Area Networks (VLAN) (IEEE 802.10) • Rapid Spanning Tree Protocol (RSTP) • Multiple Spanning Tree Protocol (MSTP) • Per VLAN Spanning Tree (PVST+) • Internet Group Management Protocol (IGMP) Snooping • Dynamic Routing Protocol [i.e. Open Shortest Path First (OSPF)] • Protocol Independent Multicast Sparse -Mode (PIM-SM) • Multicast Source Discover Protocol (MSDP) 5.2 Field Network Devices Standardization The standardization of network equipment would be preferred however, the agencies are typically acquiring network equipment via low bid design build projects which provides the most cost-effective equipment listed on the FDOT Approved Products List (APL). Due to this limitation, Metric Engineering recommends vendor agnostic device standardization between all agencies. By implementing these standardizations, the governing agency has the ability to quickly troubleshoot attached devices and identify the attached equipment without performing additional functions such as looking up MAC addresses to identify the specific type of device. Metric Engineering suggests the implementation of a standard port assignment for each switch. The optical ports should be standardized as well at each location. By assigning a consistent direction to each specific port, it will allow the administrator to quickly identify downed links and ease in troubleshooting optical issues. The proposed standard port configuration is as follows: 1. Ethernet Port One — Signal Controller 2. Ethernet Port Two — CCTV Camera 3, Ethernet Port Three — MMU 4. Ethernet Port Four— UPS 5. Ethernet Port Five — PDU 6. Ethernet Port Six —Traffic Signal Video Detection 7. Ethernet Port Seven — Port Server (MVDS) 8. Ethernet Port Eight — Bluetooth Travel Time Reader 33 16A 12 ffArAVArAr0!jjjj Regional ITS Network.Review [ Reconamendatlorrs Report 9. Ethernet Port Nine — Technician Access Port 10. Ethernet Port Ten — Future Use 11. Optical Port One — North or West Direction 12. Optical Port Two — South or East Direction 13. Optical Port Three — Future Use 14. Optical Port Four— Future Use 5.3 Physical Redundancy - Master Hub and Ti 5.3.1 FDOT District One RTMC — SWIFT SunGuide® Center FDOT District One has provided specific locations where Collier County and the City of Naples can connect directly to provide redundant network communications, The first location is the FDOT District One SWIFT SunGuide® Center. This Regional Traffic Management Center (RTMC) is located near 1-75 at MM 170.3 NB. The secondary redundant connection is the 1-75 communications hub located at MM 92.5 NB, which is west of the Edward J Beck (Alligator Alley) Toll Plaza, 5.3.2 Collier County ESC and TMC Collier County currently has redundant communications between their core and aggregation routers except for four (4) locations. Metric Engineering recommends adding another diverse connection between: 1. TMC core to MHUB5 = approximately 8.5 miles (13.6794 km) 2. MHUB5 to the Collier County ESC = approximately 6.5 miles (10.4607 km) 3. Collier County ESC to MHUB2 = approximately 5.8 miles (9,3342 km) 4. MHUB2 to MHUB4 = approximately 11.1 miles (17.86372 km) The additional connections using diverse paths would provide more network redundancy to all sites including the disaster recovery site. This will ensure all pertinent data are accessible in the event of a fiber cut, network outage or infrastructure damage due to extreme weather. 5.3.3 City of Naples TMC The current proposal is to implement a secondary redundant connection between the City's TMC and the Collier County TMC. A redundant network connection can be achieved by deploying a secondary diverse fiber path between the City TMC and Collier County TMC. This proposed redundant path will ensure network connectivity between the two Traffic Management Centers in the event of the primary network path being lost due to a fiber optic cable cut, 34 16 A 12 R nal ITS etvtfiork Reviewr Reoommendatr0 E 6. User Access and Authentication The FDOT Central Office has developed a draft high level ITS Cybersecurity Guidelines document which outlines proper user authentication and security resource guidelines for securing a Transportation Systems Management and Operations (TSM&O) traffic network. Similarly, this section of the document outlines many of the common industry standards that should be followed to prevent unauthorized users from accessing network resources. Based upon the FDOT ITS Cybersecurity Guidelines, this document suggests the implementation of specific network security strategies for user access and authentication described below. 6.1 FDOT District One The first security item identified is pertaining to the physical access to network devices. All networking equipment shall be installed in a secure area, with only approved personnel having access to the room where the equipment is housed and is monitored by a trigged alarm system. This can be achieved by the deployment of an electronic cabinet access control system with programmable smart keys to log access into the ITS Cabinets. All network equipment should have the default administrator account and password changed and/or removed upon installation. Each administrative or other network user should be provided with their own unique administration network account. It is recommended to enable Secure Shell (SSH) and disable Telnet on all network infrastructure as Telnet sends a user's credentials over the network in clear text. SSH encrypts this data prior to leaving the user's computer. Finally, the use of an external RADIUS authentication or other secure technology should be implemented for additional access security and user management. All unused ports on all network equipment should be disabled until needed and configured. Disabling unused ports will prevent unauthorized users from making a physical connection to the device. Only one access port should be used to allow for local access for network administration or a network technician to access the network for testing purposes. Lastly, the network administrator should enable MAC address filtering on all field network equipment to prevent unauthorized devices (i.e. Wireless Access Point) to access the switch or router and be connected to the network. The final element relating to network security is the utilization of strong passwords. By using passwords which a minimum of are eight (8) hexadecimal characters in length with a special character and not one of the last twenty-four (24) passwords used will ensure that passwords are more complex making it more difficult for unauthorized personnel from guessing or using tools for guessing user passwords. 35 16 A 12 �fe1r NetWork.Review lerrtrrae�tda#cansf�eporiF D ■ Collier4i • In addition to following the items indicated in the FDOT District One section, it is also suggested to implement additional security features due to an external network VPN which is currently connected to the Collier County traffic network. A recommendation would be to employ per -user or user -group based access policies for VPN access to only the specific systems and devices required for job functionality, Finally, the implementation of monthly verifications to ensure all users are applying strong passwords for all VPN user accounts. 6.3 City of Naples It is also recommended to use both encryption and authentication on all deployments for additional network security. Another suggested network security item is to deploy the use of Discretionary Access Control (DAC). DAC allows the network administrators to manipulate access control settings which allows all end users only have access to resources pertaining to their function and/or responsibilities. 6.4 Recommendations Based upon our findings in each respective network it is suggested that the agencies use the following network security strategies for user access and authentication; Table 6-1: Recommended Strategies for User Access and Authentication Strategy Identifier Recommended Benefits 6.1 All network devices should be installed in a restricted All equipment is installed in a restricted access area using an electronic cabinet access control and limited access facility and will allow system with programmable smart keys accessible only the County to track who is acceding their by authorized personnel. facilities. 6.1 Change the default usemame and password for all ITS This will prevent any user from retrieving Devices. the default credentials from the internet and using these identified credentials to access the ITS network. 6.1 Provide each administrative user with their own Each approved user will be assigned a administration account. unique administrator account based upon access privileges and will allow for user accountability. 36 16Al2 Reg►nal ifS Neihnrork �tev�ew Recor»rxrendations Repast4.41 Strategy Identifier Recommended Benefits 6.1 Use strong passwords which are a minimum of eight (8) This will ensure that passwords are more hexadecimal characters in length with a special complex making it more difficult for character and not one of the last twenty-four (24) unauthorized personnel from guessing passwords used, and using tools for guessing user passwords. 6.1 Administration accounts shall employ strong password All equipment access will be authenticated standards and preferably rely on RADIUS, or similar via a RADIUS appliance and allow for technology, for authentication and authorization minus central control of user access. one administrative account if RADIUS become unavailable. 6.1� Disable all unused network interfaces on Layer 2 and All unused ports will be placed in an Layer 3 equipment, except for designated "technician administratively down state if unused and access" ports, keeps unauthorized users from accessing the network equipment. 6.1 Institute port -based network access control IEEE 802.1x Configure MAC Filtering on all Switches MAC address and/or MAC filtering and security on Layer and Routers for enhanced security. This 2 and Layer 3 equipment to prevent unauthorized access. also prevents rogue devices from being connected and receiving network access. 6.2 Employ per -user or user -group based access policies for Implementation of Group Policy to limit VPN access to only the systems and devices required. unauthorized access, 6.3 Use of Discretionary Access Control (DAC) allows Implement DAC to ensure all end users administrators to manipulate access settings of objects only have access to resources pertaining to under their control their function and/or responsibilities. 37 16 A 12 @ ► l !TS li etwolrk Review] Recpftii aerfclatrQns Report ww 7. Network Implementation Budgetary Estimate Task Four of the Scope of Services for this TWO includes providing a budgetary estimate consisting of the total sum to purchase, install, configure and integrate the proposed equipment. The budgetary estimate in Table 7-1 includes this work as percentages of the total cost of equipment. This budgetary estimate is based on information provided to Metric Engineering personnel from the stakeholders, Should any of the agencies want this work to be performed, it is suggested that a more detailed review be performed prior to assigning the work to a contractor or consultant, although with the contingency amount included, it is felt that this is a good budgetary estimate (see Table 7-1: Engineers Cost Estimate). To support the FHWA Open Bid Policy, all recommendations were developed from a vendor agnostic perspective, Only brand names were identified to obtain a MSRP for budgetary purposes. Metric Engineering met with both Collier County and City of Naples personnel to identify their current and future network designs and requirements. After careful discussions with the stakeholders, Cisco Systems and ITS Express or similar equipment were proposed by the stakeholders, as upgrade equipment. For budgetary purposes, Cisco was used due to being a preferred router vendor of Collier County along with ITS Express being the preferred Layer 2 switch vendor for the City of Naples. To develop a budgetary estimate for furnishing, installing and configuring the recommended network equipment based on this document these vendors are used for the legacy equipment replacement for both stakeholders. The benefit of deploying the existing vendor equipment is the familiarity of the CLI and the ability for each stakeholder to assist the other, if additional assistance is needed. One of the requirements that the City of Naples requested, is that the proposed Layer 2 switch be equipped with an internal optical by-pass feature. The optical by-pass failsafe feature will allow the optical signal to be transmitted even if the in -line network switch were to lose power. The ITS Express 8012-24+ will be soon replaced with ITS Express 8012-24+ V3 switch. Both models will be equipped with the optical by-pass feature and the costs for each model will be the same if either model is purchased, The ITS Express 8012-24+ will be recommended for all edge switching locations at all cabinet locations within Collier County and the City of Naples, 38 16 A 12 wl, Re 'onal ITS Network Review I Recommendations Report Table 7.1: Engineers Cost Estimate ENGINEERS COST ESTIMATE Project Title: FDOT District One - Regional ITS Network Review LAP Project Date 06/12/2019 .......... ken Oau4d,rt QuaaOty tier Fntlneers saea.lc e Er..IC'F urdtemk _-» Wfrr Corafq M,waB•Osw 9YsumF-5506Y ASA with rin Rwrer 2 EA S2,9W 00 5 $A20. RnwaB-[6w Systems-S.SObi ASAGE SFP PAW M 2 EA $4,176,00 S s.is0. 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Appendix A - Regional Partner Network Topologies A-1 16 A 12 I6Al2 I 6A 1� Li 16Al2 a.y 16 A 12 ...... . . . ......... 1 IJJba 8 a 'D U a --- — oil 1 IJJba 8 a 'D U a --- — oil 16Al2 The Regional IP Address Schema will be submitted separately due to the sensitive information and network security concern. a 16A 12 o LL Q OL-L O Q U U U U Q U U U a`� o 5 y v m aci �p8i • �d y 3 N � C ` T'= QQ� d iC� N 50�S c O. 3 0 d ro v mac, 2 a P C YY m U o+ c y J dd d C C ..... Y! U C N £'8D 3>� �. 10 e a o U N y N I c O h YI d¢ ��¢ d Ig� A C N Op'� S ro> d O m O C> '< O y U� �+�,� d pcp qCD.a a'i vo'i $ rn y �pn U y N ro C U d � 1.1 C E E c 0 0 � V d N N 04 (A Ism12 d 4 E - U a zu : � > 9- E'y79 U -- o p v _ o ro c c E �, d c is N_ d ccroi _ G O :Dw am =>'.c �a ro 44 _ c� U a v m '- � 2 m u u .� d d U N C i� w v V N ro m a .N C'•]] w c$2 c 0 o �2_ Ze0. c�V * 4... co d m o,�C7 vy1�' H c V y .-. E c a o 3 H C V S U N d N C - w (.J p U a = V A .0 C F J 7Z c m t N d MW p H O Z H N m Z W N Gl t N v y ni N �•i N c-� a-i N ` �-i 16Al2 s d d d = � � o0 O Z G £ C d e 3 C Cc r n d m u £ m c N U O O N ? S d O G 1�pnp V 7 E .M N �-M �U'S EY) caw 3 m° 5r° o f o.AW '.omen u a$ N R W M L G 1tl.6 U U A?N� U w i�aC.)z U EI O 78 a O W p I d G N m N i nj N fV d M d V T O G M I� I� N i M ra C5c� z d L tom E'u .t a"iF CC CJ o I:?.t8 a _ _ N L H ti C c d U I N Cp d N d NNN Em CD d yb n c Q�E ndi �y[iv o O u n ! LU J Tn W U v v Lv N N n N tV N N tV udi c4a m d Q� v �£ pp N C O .�p w z m U coi m u c c w d F yy r 8o r 2N8E L o`H � �c .� d d � c_ �? o t :. d y N u a E 3 QC N^+d N C d �a a . � q���p I � o @ � � Z Fc c N �a c a A ro o: y 5 .N Lu H W to a N O N O 12 G I t O L t0 V N r O d y C 3 y U O O W { O yy� n o a N E v Iv v o� o it a_mn dam' ad ' am om oy C cc O yy C a 0 a p U N t d 3 E Ali -W o$_ 0 c rd'3 � Z Luc Ek,$ o� 'oc cEcS .38 .d VC U U H d O ._ O @ 849iS E O v Z i' a H �i 1E u u 2 0 R C W,g (nU Q O sip E � w �? j cp a UJt- C N d a R C _ _ U R y d (,JR �N d9ie J.- n a C C U U C d = d o O Llj _ p $ E E z no 4z ,S O .� C J m R ,qR C 4 d R ¢ E d aEi A A x z v v C u ccp Q E gU R ct=A8 cLm8a- wA 0 a A G d ci N V c R 4 M (V e+1 M P7 M E W N N N N N N ri 6 I Y CaCyce CaCd a>oc '.gig d O N O Oft R U U R 'O .Q n 3 0 E E v w yE R y R u R p R d ? = d G �i E adi �i E d a tn U r C � L � H' V a 6i L W G C �� 'C .fie N azU azS 3 nc^p, y �y c°ci c� a ai o f `d'i ai r E€ R N N d X z N� p ! S d t 3€ c c tGA a+ u o p O ' o 2! � � c mis 'v N '. m�� a '� n� m z u cL w O R G�O p�p yNy� Z O Ep I c•ooE -a M O ! O Cj ,C o C y N O i� O R G� a O d R •Uir _ C O O H Lu It o = n E n za z$ z$ zAGo L) zv o v a v a U 1 bA 12 Collier County Routed IP Documentation 8/14/2019 Network Schema 10.131.0.0/16 Network Examole Device IP Addresses for the first Node on each Subnet of the TMC tore Network 10.1315.0/24 Servers _._.__..._._....__..... ..... __........ 10.131.6.0/24 _ Server Backup __. 10.131.30.0/24-10.131.199.0/24 Rings 10.131.192.0/19 - 10.131.223.0/19 City of Naples 10.131.224.0/19 - 10.131.255.0/19 City of Marw Island 10.131.1.0/24 Loopbacks 10.131.0.0/24 P2P 10.131.4.0/24 Workstations Loopback IP Addresses: 10.131.1.0/24 Location 10 L3 Switch IP Address TMC__ 10.131.1.300/32 TOR 41 10.131.1.101/32 TOR #2 10.131.1.102/32 TOR #3 10.131.1.103/3, TOR #4 j 10,131.1.104/32 MHUB 1 10.131.1.201/32 MHUB 2 10.131.1.202/32 MHUB 3 MHU84 10,131.1.203/32 �� 10.131.1�204/32�mm MHUB 5 Future 6 10.131.1.205/32 3o -1371.1.206/32 Future 7 i 10.131.1.207/32 Future 8 ( 10.131.1.208/32 Future 9 _ f 10,131.1.209/32 Future 30 i 10.131.1.210/32 VAN Neiwoni Node IP Range 1 Devke _.....__...._..._...._......._....�,.�.�. 200 10.131.5.0/24 10.131.5.1 [0 10.131.5.254 Servers ._ ........................._._.._.......... _.__ 250___.._..... ... 10.131.6.0/24 30.131.6.1 1 Ito[10.131.6.254 Servers Bkup..........._....._.. 100 10.131.4.0/24 ]0.131.4.1 i 10.131.4.254 Workstations P2P Links: 10.131.0.0/24 VLAN - Link 10 Network Address Useable IP Range 800 10.131.0.0130 j 30.131.0.1 - to - 10.131.0.2 j 801 10.131.0.4130 10.131A.5-to-10.231.0.6 j 802 ._._..._...._.._..._...._._T 10.131.0.8130 10.]31.0.9-to-10.131.0.10 803 10.131.0.12130 I 10.131.0.13 - to-10.131.0.14 804 10.131.0.16130 10. 131.0.17 - to-10.131.0.18 805 10.131.0.20/30 10. 131.0.21- to-10.131.0.22 806 10. .11.U.241su.. - .. i L 807 10.131.0.28/30 10.131.0.29 - to-10.131.0.30 809 10.131.0.32.130 10.131.0.33 • to-10,131.0.34 809 I 10.131.0.36130 10.131.0.37 • to-10.131.0.38 10.131.0.40130 10.132.0.41-to-10.131.0.42 811 i� 10.131.0.44130 10.131.0.45 - to - 10.131.0.46 812 10,131.0.48130 10.131.0.49 - to - 20.131.0.50 � 81_. ........._.........._-_..._..._� 813 ._.__.�—' 10.231.0.52/-30t _ --- -- 4 10.131.0.53 - to -10.131.0.54 814 10.131.0.54/30 I10.131.0.57-to-10.131.0.58 1 I 815 10.131.0.60/30 10.131.0.61 - to-10.131.0.62 i r 816 10.131,0.64130 10.131.0.65 - to - 10.131.0.66 _ 817 10.231.0.68130 10.131.0.69 . to-10.131.0.70 8I8 30.131.0.72/30 10.131.0.73 - to - 20.133.0.74 ............................_._.. .._....._.._..._..--- — 819 ��.. 10.131.0.76130 _..-----._._..._.__...._....'_-_......_..........� 10.131.0.77 - to-10.131.Q 78 820 10.131.0.80/30 10.131.0.81 - to-10.131.0.82 821 10.131.0.84130 _ _ _ —10.131.0.85 - to - 10.131.0.86 822 10.131.0.88/30 10.131.0.89 - to-10.131.0.90 823 10.131.0.92/30 10.131.0.93 • to .10.131.0.94 824 �� . ....,....___.__..._. 10.131.0.96130 10.131.0.97 - to-10.132.0.98 1 ..__...._....J.- .__..r 16Al2 City of Naples Routed IP Documentation 9/14/2019 Network Schema 10.131.192.0/19 Network Example Device IP Addresses for the first Node on each Subnet of the TMC/CoreNetwork 10.131.192.0/26 P2P 10.131.192.128/26 Servers 10.131.192.192/26 Server Backup .. _........................_..._..._._ 10.131.200.0/24 - 10.131.220.0 24% Rings 10.131.192.64/26 Loopbacks_ 10.131.193.0/26 _ Workstations ......................... _. of the TMC/Core Network IP Schema LoopbacklP Addresses: 10.131.192.64/26 Location ID L3 Switch IP Address TM� 10.131.192,64/32 TOR Rl j 10.131.192.65/32 TOR 82 TOR 93 10.131.192.66/32 _._.._ .._ ...._._.._.__. 10.131.192.67/32 TOR#4 �10.131.192.68/32 Future MHUB 1 10.131.192.69/32 Future MHUB 2 10.131.192.7D/32 Future MHUB 3 10.131.192.71/32 Future MHU04 10.131.192.72/32 Future MHUB 5 _ 10.131.192.73/32 Future MHUB 6 10.131.192.74/32 Future MHUB 7 10.131.192.75/32 Future MHUB a _ 10.131.192.76/32 _ Future MHUB 9 10.131.192.77/32 Future MH U 810 10.131.192.78/32 I Network I Node IP Range Device 100 10.132.193.0126 10.131.193.1 to 10.131.193.62 Workstations 200 30.131.192.128/26 30.65.250.10 to 10.65.250.254 Servers 250 V — 10.131.292.192/26 1 10.65.251.10 ? Itol 10.65.251.254 Servers Skup P2P Links: 10.131.192.0/26 1 VLAN - Link 10 Network Address Useable IP Range Soo 1 30.131.192.0/30 20.131.192.1 -to -10.131.192.2 802 10.131.192.8130 10.I31.192.9 - to-10.131.192.10 803 10.131.192,12130 10.131.192.13 - to-10.131.19214 804 10.131.192.26130 10.131.192.17 - to-10.131.192.18 805 i 20.131.192.20130 10. 131.192.21 - to-10.131.192.22 806 10.131.192.24130 10.131.192.25 - to-10.131.192.26 807 10.131.192.200 10,131,192.29 - to-10.131.192.30 _,.._________ .............___.._._....._... 808 ..._........................................._____..� 10.131.192.32130 10.131.192.33 - to-10.131.192.34 809 —� 10.131.192.36/30 10. 131.292.37 - to-10.131.292.38 810 10.131.192.40/30 10.131.192.41 - to-10-131.192.42 811 10.131.192.44130 10.131.192.45 - to-10.132.192.46 812 10.131.192.48/30 10.131.192.49 - to-10,131.192.50 813 10.131.192.52130 10.131.192.53 - to-10.131.192.54 814 10.131.192.56/30 10.131.192.57 - to-10.131.192.58 815 �� 10.131.292.60130 1 10.131.192.61- to-10,131.192.62 1 E 16 A 12 _15 fl`figram 4-v 1�j Ui it CQU10IN T 74 MIT - iz ';;i-. f Rim to- Yli A_ i 4, !'5 A N P L75 5 §1 ' N '. 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O C + u Y @ U LO 0 a, a v H ` O C O ro C > v , O o o Y v E m 'Y O 'L > O > L (D C U Ou vYi vYi O to aJ 3 (i CO v) U U 0 L 1 6A Zz 1-1 N m C Ln 6 I, w ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 12 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Allach to original document. 'I he completed routing slip and original documents are to be forwarded to the ['aunty Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the Countv Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. Risk Management Risk Management 3. County Attorney Office County Attorney Office JAK 6-2-20 4. BCC Office Board of County Commissioners B by H/s/ 5. Minutes and Records Clerk of Court's Office Q : PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information_ Name of Primary Staff Pierre Beauvoir/Transportation Engineering 239-252-6066 Contact / Department Agenda Date Item was March 24, 2020 Agenda Item Number 16Al2 Approved by the BCC Type of Document Local Area Program (LAP) Agreement with Number of Original 1 Attached the Florida Department of Transportation Documents Attached FDOT PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, PB provide the Contact Information(Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PB signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's PB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PB document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's PB signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip PB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on May 24, 2020 and all changes made PB N/A is n . during the meeting have been incorporated in the attached document. The County an optio Attorne 's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been the document is for N/A is inn made, and ready the option- Chairman's signature. \ I W-S jwe, ***Please send a copy to FDOT, information attached*** ��� �- I� raq Please replace this copy with previous copy. '�Ckfa J) 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 �/ 16Al2 HayesJessica From: BeauvoirPierre Sent: Friday, May 29, 2020 10:14 AM To: HayesJessica Subject: Fwd: LAP Agreement w/FDOT + Resolution Hi Jessica, Simon Shackelford from FDOT requested the agreement to be sent to Bartow, see below. Regards, Pierre Sent from my iPhone Begin forwarded message: From: "Shackelford, Simon" <Simon.Shackelford@dot.state.fl.us> Date: May 29, 2020 at 7:59:22 AM EDT To: BeauvoirPierre <Pierre.Beauvoir@colliercountyfl.gov> Subject: RE: LAP Agreement w/FDOT + Resolution EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Pierre, Will yoq-please h ca send the agreement to Elijah at our Bartow office, address below: Elijah Swen GEC Local Program Specialist 801 N. Broadway Ave., MS 1-50 Bartow, FL, 33830 TQI: (863) 519-2774 Thank yo Simon Shackelford Local Program Coordinator South West Area Office I District One Florida Department of Transportation 10041 Daniels Parkway, MS 1-98 Fort Myers, FL 33913 Phone: (239) 225-1958 1 Fax: (239) 225-1957 1 Email: simon.shackelford c@ dot.state.fl.us I LAP Website: Click here Crystal K. Kinzel Collier County Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 June 3, 2020 Elijah Swen State of Florida Department of Transportation GEC Local Program Specialist 801 N. Broadway Avenue, MS 1-50 Bartow, FL 33830 Re: LAP Agreement pertaining to FPN 435013-1-98-01 Mr. Swen, Attached for further processing is an original copy of the LAP Agreement referenced above, approved by the Collier County Board of County Commissioners on March 24, 2020. After the agreement is signed by the appropriate party, please email a fully executed copy to ann jennejohngcollierclerk.com, with the Collier County Minutes and Records Department that serves as Clerk to the Board, thereby providing a fully executed document for the Board's Official Record. If your office requires further information, please feel free to contact me at 239-252-8406. Thank you, CRYSTAL KINZEL, CLERK Ann Jennejohn, Deputy Clerk Attachment Phone- (239) 252-2646 Website- www.CollierCierk.com Fax- (239) 252-2755 Email- CollierClerk@collierclerk.com 16Al2 FPN: 435013-1-98-01 Federal No (FAIN): D118 052 B Federal Award Date: Fund: ACSU Org Code: 55014010106 FLAIR Approp: FLAIR Obj: 780000 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-016-40PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT occrooc-12118 Page 1 of 15 FPN: Federal No (FAIN): _ Federal Award Date: Fund: Org Code: FLAIR Approp: FLAIR Obj: FPN: Federal No (FAIN): _ Federal Award Date: Fund: Org Code: FLAIR Approp: FLAIR Obj: County No:03 (Collier) Contract No: Recipient Vendor No: F596000558102 Recipient DUNS No: 76997790 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is entered into on , by and between the State of Florida Department of Transportation, an agency (This date to be entered by DOT only) of the State of Florida ("Department"), and Collier County ("Recipient"). NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in updating the network and standarizing communication between the different regional local aaencies (Collier County / City of Naples) and the Florida Department of Transportation (FDOT) communication network , as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Recipient agrees to complete the Project on or before December 31, 2022. If the Recipient 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 Recipient 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 term of this Agreement will not be reimbursed by the Department. 4. Project Cost: a. The estimated cost of the Project is $ 1,108,409.00 (One Million One Hundred Eight Thousand Four Hundred Nine Dollars). This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit "B" may be modified by mutual execution of an amendment as provided for in paragraph 5.i. b. The Department agrees to participate in the Project cost up to the maximum amount of $1,108,409.00 (One Million One Hundred Eight Thousand Four Hundred Nine Dollars) and as more fully described in Exhibit "B". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. The Department's participation may be increased or reduced upon determination of the actual bid amounts of the Project by the mutual execution of an amendment. The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in connection with the completion of the Project. 16AI STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT occ/ooc-12ne Page 2 o1 15 c. 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: I. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in paragraphs 5.1. and 5.m. of this Agreement; ill. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A". b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre -audit and post -audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Recipient 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. All costs charged to the Project, including any approved services contributed by the Recipient 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. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "H", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, ib A i 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT occiooc-12;1a Page 3 of 15 provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. 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, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because of Recipient 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 a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. 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 five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient and approved by the Department. The Recipient 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 execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon determination of the Recipient's contract award amount. j. 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 Recipient 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. k. The Recipient 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. I. 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 Recipient, in writing, when funds are available. 16 Al 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT occrooc-12na Page 4 of 15 m. 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: "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." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal -aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the Department's issuance of a Notice to Proceed ("NTP"), 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 Recipient 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. General Requirements: The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, 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 (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. i6Ai2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT occiooG-1ti18 Page 5 of 15 a. A full time employee of the Recipient, 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 responsible charge of the Project, which employee should be able to perform the following duties and functions: L Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; vi. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and consultant staff at all stages of the Project. b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the FHWA removing any unbilled funding or the loss of state appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Recipient waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de -certification of the Recipient for future LAP Projects. No cost may be incurred under this Agreement until after the Recipient has received a written NTP from the Department. The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, the Department District LAP Administrator should be notified as soon as possible. c. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will have to request repayment for the previously billed amounts from the Recipient. No state funds can be used on off -system projects, unless authorized pursuant to Exhibit "I", State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Recipient to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal -aid requirements, to enable the Recipient to provide the necessary funds for completion of the Project. f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such submissions using Department -designated information systems. 16A1e STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAMOMANOAOGCEM2118 Page 6 of 15 g. 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 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 Recipient 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 Recipient shall promptly reimburse the Department for all such amounts within 90 days of written notice. h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include, but not be limited to, on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer ("CFO"), or State of Florida Auditor General. b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Recipient must have a federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM OGC/OOGM2/18 Page 7 of 15 iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit(o dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than federal entities) iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(o)dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(d)dot.state.fl.us c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO, or State of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 9. Termination or Suspension of Project: 16A1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT ocaooc-1v18 Page 8 of 15 The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of- way will become the property of the Department and will be turned over promptly by the Recipient. d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to comply with the Public Records provisions of Chapter 119, Florida Statutes. 10. Contracts of the Recipient: Except as otherwise authorized in writing by the Department, the Recipient 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 the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining to the use of Federal -aid funds. The Recipient shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit "G", FHWA 1273 attached to and incorporated in this Agreement. The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBEs, 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. 16 Al 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOO-12118 Page 9 of 15 The Recipient 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 Recipient 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. 12. Compliance with Conditions and Laws: The Recipient 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 Recipient 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, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Recipients are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than 30 days after final acceptance. a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Recipient failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, and the Department did not have to exceed the minimum oversight and monitoring requirements identified for the project. b. The District will determine which functions can be further delegated to Recipients that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: a. The Recipient 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 Recipient pursuant thereto. The Recipient shall include the attached Exhibit "C", Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal Government issued thereunder, and assurance by the Recipient pursuant thereto. c. 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. l6Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT occrooc-12na Page 10 of 15 d. 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. e. 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 Recipient. Neither the Recipient 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 Recipient 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 Recipient, the Recipient, 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 Recipient or the locality relating to such contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Recipient 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 Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. g. 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. 15. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the l6Ai2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12/18 Page 11 of 15 [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall ❑ shall not maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement. 17. Miscellaneous Provisions: The Recipient will be solely responsible for compliance with all 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 Recipient will be responsible for securing any applicable permits. The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. lb Al 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC— 12118 Page 12 of 15 c. In no event shall the making by the Department of any payment to the Recipient 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 Recipient 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. d. 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. e. By execution of the Agreement, the Recipient 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. f. Nothing in the Agreement shall require the Recipient 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 Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient 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 Recipient 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 Recipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. I. The Recipient 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 Recipient's facility, adequate title is in the Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose. The Recipient agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Recipient, 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 Recipient 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 Recipient 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. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGc/ooc-12,1e Page 17 of 15 I. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. m. The Recipient shall: i. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the term of the contract; and ii. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. p. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 18. Exhibits: a. Exhibits "A", "B", "C", "D", "E" and "F" are attached to and incorporated into this Agreement. b. ❑ If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is attached and incorporated into this Agreement. c. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. ❑ State funds are used on this Project. If state funds are used on this Project, then Exhibit "I", State Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. e. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this Agreement. f. ❑ This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit "L", Landscape Maintenance, is attached and incorporated into this Agreement. g. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit "M", Roadway Lighting Maintenance is attached and incorporated into this Agreement. h. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit "N", Traffic Signal Maintenance is attached and incorporated into this Agreement. i. ❑ A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit "0", Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. 1 b is 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12118 Page 14 of 15 j. ® The following Exhibit(s) are attached and incorporated into this Agreement: P Q k. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Title VI Assurances Exhibit D: Recipient Resolution Exhibit E: Federal Financial Assistance (Single Audit Act) Exhibit F: Contract Payment Requirements " Exhibit G: FHWA Form 1273 * Exhibit H: Alternative Advance Payment Financial Provisions • Exhibit I: State Funds Addendum • Exhibit J: State Financial Assistance (Florida Single Audit Act) " Exhibit K: Advance Project Reimbursement " Exhibit L: Landscape Maintenance ' Exhibit M: Roadway Lighting Maintenance • Exhibit N: Traffic Signal Maintenance • Exhibit O: Terms and Conditions of Construction in Department Right -of -Way Additional Exhibit(s): Exhibit "P" Recommendations Report -Regional ITS Network Review FDOT District One/ Collier County/ City of Naples (56 Pages) Exhibit "Q" Collier Traffic Overview of Proposed Solution (28 pages) Indicates that the Exhibit is only attached and incorporated if applicable box is selected 16 Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT ocaooc-12118 Page 15 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. RECIPIENT LLIER C UN STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: ' By: Name:15krl I,. $jXVrATff Name: Title: CVokr r'Qh Title: Director of Transportation or Designee ATTEST CRYSTAL K. MIZEL;CLERK BY: O C Att'St 3S t t' 'S ;I�fl�til,1"2 Of3Ey� , item # `"_....J.t.Sr Agenda 3 1: Date Date Reed 1. 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC - 12118 Page 1 of 3 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 435013-1-98-01 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and Collier County (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 0.001 PROJECT DESCRIPTION: The purpose of the project is to procure, install and configure Network equipment using Network Engineering Services, to update the network and standardize communication between each the these agencies' Network environments; Florida Department of Transportation's (FDOT), the City of Naples and Collier County as per the "FDOT Recommendations Report, Regional ITS Network Review, FDOT District One / Collier County / City Of Naples, June 14, 2019 1 Version 3.0", henceforth referred to as "The Report". By creating a standardized network, the local agencies and the FDOT will be able to relocate Automated Traffic Management Systems (ATMS) control and video feeds to the Emergency Services Center (ESC) in emergency situations. For the comprehensive list of requirements, please refer to the "The Report". The first phase of the ITS Integrate/Standardize Network Communication project consisted of the following; -Procure Network Professional Services to develop and implement updated Network Architecture for our Regional Wide Area Network (WAN) to include the following Agencies; oCollier County Traffic Operations oCity of Naples Traffic Operations oFDOT District 1 Regional TMC This phase was paid for and completed by FDOT with the creation of a Recommendations Report "Regional ITS Network Review FDOT District One / Collier County / City of Naples, June 14, 2019 1 Version 3.0, by Metric Engineering. (See Addendum 1). "The Report" has identified these guidelines as a requirement for the fulfillment of this LAP Project; -Retain Network Professional Services to procure, configure, install, implement, integrate and standardize all ITS managed Ethernet switches and Network Hubs within the local region: oProcure 300 Layer 2 Network Switches providing the functionalities required as per "The Report". oProcure, configure and install Network Hub cabinets, Layer 3 Network Switches, UPS units like those attached to Signalized Intersection Cabinets, required infrastructure and accessories as per the Professional Services recommendations. 4 Central Locations identified Collier County TMC Collier County EOC !City of Naples TMC FOOT District 1 TMC -Using Networking Professional Services, configure and migrate the network environment from the 10.129.32-49.x to the 16AIZ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC - 12/18 Page 2 of 3 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES 10.131.x.x ip segments, using the Report as a guideline. -Configure and implement the migration from Unicast to Multicast network topology and procure necessary equipment required to do so. -Procure, configure, install and implement required equipment needed for the implementation and integration of Security Devices to protect the local agencies and the FOOT from intrusion and disruption of services, through the Network Professional Services Contract. -Procure, configure, install and implement required equipment needed for RADIUS type User Authentication and Access Server. -Procure. Configure, install and implement Web servers and Web Application Portal needed for the management and sharing of video streaming between agencies. -Procure, configure, install and implement a Backup System and create an area wide Traffic Management Center (TMC) backup network for all local agencies and the FDOT at the Collier County ESC, which will require professional services by a Network/Systems Architect and Engineer. -Expand the current Collier County TMC operations at the ESC through the purchase and installation of workstations and an expanded Video Wall System for monitoring regional traffic. -Replace all network devices, proposed in the "Report", which have reached End -Of -Life as per written manufacturer recommendations, with equivalent devices. -Procure, install, configure and implement Fiber Optics connections and all required infrastructure between (These additional connections using diverse paths would provide more network redundancy to all sites including the disaster recovery site. This will ensure all pertinent data are accessible in the event of a fiber cut, network outage or infrastructure damage due to extreme weather)., oTMC Data Center to MHUB5 = approximately 8.5 miles (13.6794 km) oMHUB5 to the Collier County ESC = approximately 6.5 miles (10.4607 km) oCollier County ESC to MHUB2 = approximately 5.8 miles (9.3342 km) oMHUB2 to MHUB4 = approximately 11.1 miles (17.86372 km) oMHUB6 Immokalee at Collier to MHUB5 oMHUB6 to MHUB4 -Implement the standard port configuration recommended in the Report at all Network Switches as follows: oEthernet Port One — Signal Controller oEthernet Port Two — CCTV Camera oEthernet Port Three — MMU oEthernet Port Four— UPS oEthernet Port Five — PDU oEthernet Port Six —Traffic Signal Video Detection oEthernet Port Seven — Port Server (MUDS) oEthernet Port Eight — Bluetooth Travel Time Reader oEthernet Port Nine — Technician Access Port oEthernet Port Ten — Future Use Optical Port One — North or West Direction oOptical Port Two — South or East Direction oOptical Port Three — Future Use oOptical Port Four — Future Use The specific requirements are detailed in the attached "Report". SPECIAL CONSIDERATIONS BY RECIPIENT: The Receipient will provide final testing documentation to FDOT of the network devices after the switches/routers are upgraded. A test plan with signatures will also have to be completed. The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate 16 Al Z STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC - 12118 Page 3 of 3 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Advertisement for bids (or Request for Proposals) of ITS Standardize Network Communications on or before: August 31, 2020. b) Bid review and award of contract on or before: March 31, 2021 c) Receipt of all purchases and final project invoice on or before: December 31, 2021 d) Project Close-out completed on or before December 31, 2022. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: For all projects the following will apply: 1) Section 287.055, F.S. "Consultants Competitive Negotiation Act," when acquiring a consultant utilizing federal funds 2) FDOT "Project Development and Environmental Manual" 3) The Local Agency Program Manual The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525- 010-42). This form must be completed and accepted by the Department prior to payment of the project Final Invoice. The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion , the Department will have forty-five (45) days after receipt of the Agency's final invoice to review, inspect and approve the equipment for payment. All other invoices for project phases and all other progress payments shall be processed in accordance with the Department's procedures and guidelines for invoice processing. The Agency will provide progress billing invoices to the Department on a minimum of a quarterly basis. The Agency will be responsible for acquiring all required and applicable permits for the project for review and approval prior to construction. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently in Fiscal Year 2019/2020 for the purchase of equipment. L6A1?, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40B LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANGE MENT OGC - 10/18 Page 1 of 1 EXHIBIT "B" SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: 435013-1-98-01 Pierre Beauvoir 2885 South Horseshoe Drive Naples, FL 34104 MAXIMUM PARTICIPATION (1) PHASE OF WORK By Fiscal Year TOTAL PROJECT FUNDS (2) LOCAL FUNDS (3) STATE FUNDS (4) FEDERAL FUNDS Design- Phase 38 Y: (Insert Program Name) $ $ $ $ Y: (Insert Program Name) $ $ $ $ Y: Insert Program Name $ $ $ $ Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Right -of -Way- Phase 48 Y: (Insert Program Name) $ $ $ $ Y: (Insert Program Name) $ $ $ $ Y: Insert Program Name $ $ $ S Total Right -of -Way Cost $ 0.00 $ 0.00 $ 0.00 S 0,00 Construction- Phase 58 Y: ( ) $ $ $ $ Y: (Insert Program Name) $ $ $ $ Y: Insert Program Name $ S S $ Total Construction Cost $ 0.00 $ 0.00 S 0.00 $ 0.00 Construction Engineering and Inspection (CEI)- Phase 68 Y: (Insert Program Name) $ S $ $ Y: (Insert Program Name) $ $ S $ YInsert Program Name $ $ $ $ Total CEI Cost S 0.00 $ 0.00 $ 0.00 S 0.00 CAPITAL OTHER AGENCY- Phase 98 ) Y: 2019/2020 A( CSU) $ 1,108,409.00 $ $ S _1_,108,409.00 Y: (Insert Program Name) $ $ $ S Y: Insert Program Name $ $ S $ Total Phase Costs S 1,108,409.00 $ 0.00 $ 0.00 $ 1,108,409.00 TOTAL COST OF THE PROJECT S 1,108,409.00 $ 0.00 $ 0.00 $ 1,108,409,00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Simon Shackelford District Grant Manager Name SItT10n.ShackelfOrd@dOt.Digitally signed by. Simon. Shackelford@dot state.11 us state.fl.us DIN CN = Simon shackelford@dot state Fl us Date 2020.03 17 10.51 01 -05'00' Signature Date 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGE MENT OGC— 10/18 Page 1 of 2 Exhibit "C" TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub -contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub -contract, including procurements of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin, or sex. (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGE MENT OGC- 10/18 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub -contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.0 § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 16 Al 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40D LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC — loll 8 Page t of 1 EXHIBIT "D„ RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 10/1 B Page 1 of 1 EXHIBIT "E" FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal -Aid Highway Program, Federal Lands Highway Program CFDA Program Site: https://www.cfda.gov/ Award Amount: $1,108,409.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: N/A FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards http://www.ecfr.qov/ FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code http://uscode.tiouse.gov/browse/prelim(Dtitle23&edition=�relim Title 49 — Transportation, United States Code http://usccde. house.gov/browse/prelimptitle49&edition=prelim Map-21 — Moving Ahead for Progress in the 21s' Century, Public Law 112-141 http://www.gpo.qov/fdsys/pkq/PLAW-112publ141 /pdf/PLAW-112publ l41.pdf Federal Highway Administration — Florida Division http_//vvww.fhwa.dot.gov/fldiO Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) littpsi//www,fsrs.gov/ 16Al2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40F LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 10115 Page 1 of 1 EXHIBIT "F" CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g , insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112,061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs -.If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address ht_tp://www.myfloridacfo.com/aadir/reference guide/.