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Backup Documents 09/28/2021 Item #16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 6 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 forwarded 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 routing lines#I through#2 as appropriate for additional signatures,dates,and/or information needed. lithe 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 Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office CAO ' ) 4✓of / 2. Board of County Commissioners Office BOCC S15 lj -0 AI ) { 3. Minutes and Records Clerk of Court's Office \n„et/ `, Itil l2 2pZ1 3:2�� 4. E-mail to ' V Lisa.Abatemarco@colliercountyfl.gov 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 Lisa Abatemarco GMD/Ops 252-5188 Staff Contact/ Support Lisa.Abatemarco@colliercountyfl.gov Department Agenda Date Item September 28, 2021 Agenda Item 16.A.16 was Approved by • Number the BCC St3101A'iAt�(1� Type of Document Agreement U Number of Original 1 Attached 1 W) O2^ V Documents 2 Attached PO number or account 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 BLUE INK LA 2. Does the document need to be sent to another agency for additional signatures? If yes, LA 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 LA 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 LA 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 LA 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 LA signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LA 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 9/28/21 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I: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 16A16 MEMORANDUM Date: November 15, 2021 To: Lisa Abatemarco, Senior Operations Analyst Road Maintenance From: Martha Vergara, Senior Deputy Clerk Minutes & Records Department Re: Resubmission of LAP Agreement for the "Construction of Corkscrew Rd North from South of Wildcat Dr to East of Wildcat Dr." w/certified Resolution 2021-194 Attached are one (1) original of each document referenced above, (Item #16A16) approved by the Board of County Commissioners on Tuesday, September 28, 2021. Please return a fully executed original back to Minutes & Records Department to be held in the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you Attachment & 6 Al 6 16.A.16.e RESOLUTION NO.2021 - 1 94 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 GRANT FUNDING TO REPLACE AN EXISTING 90-DEGREE CURVE WITH A LARGE RADIUS SUPER- ELEVATED CURVE ON CORKSCREW ROAD (C.R. 850) FROM SOUTH OF WILDCAT DRIVE TO EAST OF WILDCAT DRIVE IN COLLIER COUNTY, FLORIDA. (FPN 446323-1-58-01) 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 a.FDOT will reimburse Collier County up to the sum of $703,613.00 (Seven Hundred Three Thousand Six Hundred Thirteen Dollars) for roadway improvements on Corkscrew Road ca (C.R. 850) from south of Wildcat Drive to east of Wildcat Drive to replace a 90-degree curve 1:1 with a large radius, super-elevated curve(FPN 446323-1-58-01); and M WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in re the public interest and benefits the citizens of Collier County. m u to NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: N O 1. The Board of County Commissioners approves and authorizes its Chairman to sign the N Agreement pertaining to FPN 446323-1-58-01. 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 28th day of September, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk OF COLLIER COUNTY,FLORIDA By: \k ~ By: e Attest as to Chairman's uty Penny Tay r',Chai n si nature on y. p oved as to form an gality: I,Crystal.K, i,."and for Collier C^unty do heartiy,xrtify..tat the akin ristrum nKa'a true al A correct �FY 9f,'�e on i al filed i Cq ;'lie,County Florida erek D. Perry 1 By: kV, -Deputy Clerk Assistant County Attomcy �\ Data: 11 t 7 l21-GRC-01212/1665979WII �` Page 1 of 1 Packet Pg.883 16A16 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525410.47 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/00C-05/21 Page 1 of 15 FPN:446323-1-58-01 FPN: FPN: Federal No (FAIN): D121-104-B Federal No (FAIN): Federal No (FAIN): Federal Award Date: Federal Award Date: Federal Award Date: Fund: GFSU/LF Fund: Fund: Org Code: 55014010106 Org Code: Org Code: FLAIR Approp: FLAIR Approp: FLAIR Approp: FLAIR Obj: 780000 FLAIR Obj: FLAIR Obj: County No:06 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 Construction of Corkscrew Rd North from South of Wildcat Dr to East of Wildcat Dr, 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 June 30,2024, 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$ 1,407,225 (One Million Four Hundred Seven Thousand Two Hundred Twenty-Five 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$773,974 (Seven Hundred Seventy-Three Thousand Nine Hundred Seventy-Four 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. 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: nov) 16A16 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM -010-40 MANAGEMENT525 LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC 05/21 Page 2 of 15 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; 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, 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, 1 6 A 1 6 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROG2AOCC/00c 0s21 Page 3ot15 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. h. 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. i. 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. 16A1b DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 57GEMENT PROGRa LOCAL AGENCY PROGRAM AGREEMENT OGC00C- 521 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. 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: (0,01 16AIb DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010 MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT PROOF oOOC 05/21 Page 5 of 15 i. 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. 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 (CAO) 16A16 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM -010-40 525EMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/DOGE 0521 Page 6 of 15 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 G.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. 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: i. 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. DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C 10-4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM525EMEN T 1 LOCAL AGENCY PROGRAM AGREEMENT OOC/OO-.0521 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(a 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(a�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. v. 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(N,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: DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C 1 -010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525EMENT LOCAL AGENCY PROGRAM AGREEMENT PROGRAOGG/Ooc 05?1 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: 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. d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling public is the Department's first priority for the Recipient. If lane or road closures are required by the LA to ensure the life, health, and safety of the travelling public, the LA must notify the District Construction Engineer and District Traffic Operations Engineer immediately once the travelling public are not at imminent risk. The Department expects professional engineering judgment be applied in all aspects of locally delivered projects. Defect management and supervision of LAP project structures components must be 1 6 A 1 0 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.0 t E-NT LOCAL AGENCY PROGRAM AGREEMENT PROGRAM GC/OOc 05121 Page 9 of 15 proactively managed, monitored, and inspected by department prequalified structures engineer(s). The District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project construction, whether or not the defects are considered an imminent risk to life, health, or safety of the travelling public. When defects, including but not limited to, structural cracks, are initially detected during bridge construction, the engineer of record, construction engineering inspector, design-build firm, or local agency that owns or is responsible for the bridge construction has the authority to immediately close the bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns. 11, Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The 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 1 6 A 1 6 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-82206195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM .010-40 525EMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/O C-0521 Page 10 of 15 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. 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. 16A16 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 5'25EMENT PROGRAM LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC osz1 Page 11 of 15 b. 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 the Department's or Recipient's 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 [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]. The foregoing indemnification shall not constitute a waiver of the Department's or [RECIPIENT']'s 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." d. 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 y _ 16A16 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525E71ENT PROGRAMT LOCAL AGENCY PROGRAM AGREEMENT O00000 O521 Page 12 of 15 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: a. 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. 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, 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 `4` 3 1 6 A 1 6 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C 40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAMMANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGG/ 5 Page 13 of15 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. 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. S 16A16 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C -40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 EMENT M LOCAL AGENCY PROGRAM AGREEMENT PF20GRAOGCt0A0CF-05n1 Page 14 of 15 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. j. [' The following Exhibit(s) are attached and incorporated into this Agreement: 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 0: Terms and Conditions of Construction in Department Right-of-Way *Additional Exhibit(s): * Indicates that the Exhibit is only attached and incorporated if applicable box is selected. ( A I 6 A 1 6 DocuSIgn Envelope ID:DCC1AD92-339E-496A-938E-82206195F12C 525-01040 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGG/00C-05/21 Page 15 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. RECIPIENT C• LIER COUNTY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION 40 By: i / By: Name: / *\ Name: Johm M. Kubler, P.E. Title: Title: Director of Transportation Development or Designee — .,,,..0•,)" 7 4167.* .,,.,,,4,....,.........cp,:x ' •' „,. , 4„,, • 41. ATTEST: . , "..-. Legal Review: ,--DS YSTAL INZEL, LER De , 8/24/2021 1 1:19 PM At‘ as to Chairman s 0)).1. t Clerk SigIlattge014. ' , '-. -: 11 ' Appro c ,its limn and legality Jeffrey A. latzkow,County Attorney lk V ' ! (c2T: 16A16 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C Alt Form 525-010-40A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01 1-0A LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 446323-1-58-01 This exhibit forms an integral part of the 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: 0.150. 1.516 / 1.636 PROJECT DESCRIPTION: Construction of Corkscrew Rd North from South of Wildcat Dr to East of Wildcat Dr. The curve transition starts approximately 1200' south of Wildcat Drive and ends approximately 900' east of Wildcat Drive.The Corkscrew Road Intersection Improvements Project is located within Section 18, Township 46 South, Range 28 West, and is located approximately 3.5 miles southwest of the intersection with SR 82. The purpose of the proposed project is to eliminate a high accident, near 90 degree turning movement where accidents continue to happen and to construct a large radius, super-elevated curve, in its place. A similar improvement was made to the roadway approximately 1.5 miles to the south by Lee County several years ago. A portion of Wildcat Drive will need to be extended to the east to tie into the relocated Corkscrew Road. In addition to increasing the curve radius, the existing lanes will be widened from 10-ft +/-to 12-ft lanes with 5-ft paved shoulders. The lane widths will increase from 12-ft to 14.2-ft along the curved portion of the roadway to allow for off-tracking of tractor trailer trucks.The existing two-lane roadway has a rural section and is drained by roadside swales that conduct stormwater south for eventual outfall into the Corkscrew Marsh. The proposed roadway will continue to drain in this manner; however, two new dry detention ponds will be constructed to provide the required water quality treatment area for the impervious surface created by the proposed roadway improvements. Right-of-way has been acquired from a single parcel located to the southeast of the existing curve. The proposed right-of-way area is the minimum size necessary to construct and maintain the improvements to the roadway and drainage system. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Right-of-Way to be certified by December 31, 2021 .. b) Construction contract to be let by December 31, 2022 . c) Construction to be completed by June 30, 2024 Page 1 of 2 S Docusign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C 1 6 A 16 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: Upon receipt of an invoice,the Department will have twenty, (20)working days to review and approve the goods and services submitted for payment. Page 2 of 2 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-622D6195F12C b A b Aft Form 525-010-408 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011.0B LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 1 EXHIBIT B SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME &BILLING ADDRESS: FINANCIAL PROJECT NUMBER: Collier County 446323-1-58-01 3299 Tamiami Trail East,Suit 700 Naples, Florida 34112 MAXIMUM PARTICIPATION (1) PHASE OF WORK By Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE FUNDS FEDERAL)FUNDS Design-Phase 38 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: Insert Program Name) $ $ $ $ Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Right-of-Way-Phase 48 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Construction-Phase 58 FY: 21122 (GFSU) $703.613.00 $ $ $703,613.00 FY: 21/22 (LF) $703,612.00 $703.612.00 $ $ FY: (Insert Program Name) $ $ $ $ Total Construction Cost $1,407,225.00 $703,612.00 $ 0.00 $703,613.00 Construction Engineering and Inspection(CEI)-Phase 68 FY: ( ) S $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name)..................................................._...... $_ --- $ $ $ _ _....... .__.__...._..--- Total CEI Cost $ 0.00 $ 0.00 $ 0.00 S 0.00 (Insert Phase) FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $1,407,225.00 $703,612.00 $ 0.00 $703,,613.00 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 ,--Docusigned by: cS ,L c'L,, 71, 8/24/2021 1 10:35 AM EDT 0000r MN.9A432 Signature Date 16A16 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C Alt Form 525-010-40C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 1-0C LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05i21 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 {CAO DocuSigp Envelope ID:DCCIAD92-339E-496A-938E-822D6195F12C 525-011-oc PROGRAM MANAGEMENT 05/21 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). DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C 1 6 A 1 6 All Form 525410-40D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.011-0D LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 Page I of EXHIBIT D RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. OCA° 16A16 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C Alt Form 525-010-40E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OE LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 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 https://beta.sam.gov/fall1093726316c3409a8e50f4c75f5ef2c6/view?keywords=20.205&sort=• Site: relevance&index=cfda&is active=true&paqe=1 Award Amount: $773,974.00 Awarding Florida Department of Transportation Agency: Award is for No R&D: Indirect Cost N/A Rate: 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.govicoi-binftext-idx?node=2:1.1.2.2.1 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23— Highways, United States Code http://uscode.house.qov/browse/prelimgtitle23&edition=prelim Title 49—Transportation, United States Code http://uscode.house.gov/browse/prelim@.title49&edition=prelim Map-21 — Moving Ahead for Progress in the 2151 Century, Public Law 112-141 http://www.gpo.qov/fdsys/pkg/PLAW-112pub1141/pdf/PLAW-112pub1141.pdf Federal Highway Administration — Florida Division http://www.fhwa.dot.gov/fldiv/ Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System (FSRS) https://www.fsrs.gov/ e 16A16 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C Alt Form 525.010-40F STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0'1-OF LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 Page t of 2 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: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. 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. 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. Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). 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 DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273.02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. C.401 16A16 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request,which 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 https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforState Expenditures.pdf. 16A1b DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C All Form 525.010-40G STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OG LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05121 Page 1 of 1 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: http://www.fhwa.dot.00v/programadmi n/contracts/1273/1273.pdf 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. ti.:C;;) 16A16 It y . , • cp i n. 4 . -. ,r. r at it ^ r. 8k "" . S '1 I , it�ti i e40 CORKSCRE W ROAD (C.R. $50) . , i` ► r* r — P piforp rill —_--i Iw. O • To 1-75 ,, r s - i+ Estero '` or '� s o 's I* O ► _ cn • Kr .fir_ °` I: COW M 401r „41`, .oll I 4 . I« 7, 3 a e T r i -i. r 1/ !mil •.,�.,� O. - , ,� 1 �, � © 0 * t � * It CI CD m ! 1 f Rr or I >,• �. C • +t i 'E I X It A = li:4 * ri. kr ; -?' *'' g 2 . 1 t" Q ` iv r y, '3' , ,, `t 'i a ,r. E " , . s 0 T.�� i '� , .. .... ,,, , . ''.-f 4 ittit ii 3 — 13 ,, , ; �` -,‘,44 mo o ..% o 0 - „,:tr ,.:.,,,,i, 111t co !K 410.,4j • S. . a 4 , * e I I r: 3 a" . t r i _s �s.•it 8, 1 Q y •C r p'f ky 4�•it fuils‘ . � j A• ,.' t,, 3 �y� .� �. , .,4, l `* �, `-S/ CD it ,•may i f J • C;n '`yam Mr 0, "i.- tilt lit ' „ -1.4 ,.. 414. r. . i .1‹ ' . ' * #' 16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 forwarded 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 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 Attomey Office. Route to Addressee s (List in routing order) Office Initials Date 1. 2. • 3. County Attorney Office County Attorney Office 1) f 4. BCC Office Board of County �} `� Commissioners J N" ✓�"� 5. Minutes and Records Clerk of Court's Office 10/0qa6?- VL 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 Michael Tisch/Transportation Contact Information 239-252-5839(0) Contact/ Department 239-276-3811 (C) Agenda Date Item was Septembers Agenda Item Number 16A16 Approved by the BCC 01( aOat Type of Document FDOT LAP Agreement, Resolution Number of Original 2 Attached 2021- 8(� Documents Attached PO number or account N/A 7 number INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. nt Applicable) 1. Does the document require the chairman's original signature rb) L .1,R� Yes 2. Does the document need to be sent to another agency for additional signatures? If yes, Yes 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 Yes 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 N/A 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 N/A 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 Yes signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 c•.L )and all changes made during the , '1N/A meeting have been incorporated in the attached ocument. The County Attorney's Office has reviewed the changes, if applicable. /11 9. Initials of attorney verifying that the attached document is the version approved by the es� BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. --YcSvc), a Lc 4654-e-nrCo 1bA16 Martha S. Vergara From: Martha S. Vergara Sent: Friday, October 29, 2021 11:42 AM To: AbatemarcoLisa Subject: FDOT LAP + Resolution 2021-194 Attachments: Lisa Abatemarco.pdf Hi Lisa, Attached is the referenced document from the 9/28/2021 BCC Meeting, Agenda Item #16A16. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk ` tixT tYh:kr Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court '.r • & Comptroller of Collier County te4, ,, 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 1 6 A 1-6 16.A.16.e RESOLUTION NO. 2021 - 1 9 4 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 GRANT FUNDING TO REPLACE AN EXISTING 90-DEGREE CURVE WITH A LARGE RADIUS SUPER- ELEVATED CURVE ON CORKSCREW ROAD (C.R. 850) FROM SOUTH OF WILDCAT DRIVE TO EAST OF WILDCAT DRIVE IN COLLIER c COUNTY, FLORIDA. (FPN 446323-1-58-01) E d d WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to al a enter into a Local Agency Program Agreement (the "Agreement") with Collier County, wherein a. FDOT will reimburse Collier County up to the sum of $703,613.00 (Seven Hundred Three Thousand Six Hundred Thirteen Dollars) for roadway improvements on Corkscrew Roado (C.R. 850) from south of Wildcat Drive to east of Wildcat Drive to replace a 90-degree curve -a with a large radius, super-elevated curve(FPN 446323-1-58-01); and 3 a WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in et the public interest and benefits the citizens of Collier County. 3 L o N Y NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY U COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: N O I. The Board of County Commissioners approves and authorizes its Chairman to sign the N Agreement pertaining to FPN 446323-1-58-01. N 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along r o> with the Agreement for execution by FDOT. O 3. This Resolution shall take effect immediately upon adoption. o r 3 THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring d same,this 28th day of September, 2021. cc w c ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk OF COLLIER COUNTY,FLORIDA o By: 111 4 ] it - By: Attest as to Chairman's D !uty fr Penny Tay , Chai n si.nature on'y. aoved as to form'an. -gality: I 1... - _....a. \ D•erek D. Perry 4 Assistant County Attorney 'b \ v [21-GRC-01212/1665979/1] �� Page 1 of 1 Packet Pg.883 1 6 A 1 6 DocuSign Envelope ID DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEEMEE-NN TT OGGOOC—05127 Page 1 of 15 FPN:446323-1-58-01 FPN: FPN: Federal No (FAIN): D121-104-B Federal No (FAIN):_ Federal No (FAIN): Federal Award Date: Federal Award Date: Federal Award Date: Fund: GFSU/LF Fund: Fund: Org Code: 55014010106 Org Code: Org Code: FLAIR Approp: FLAIR Approp: FLAIR Approp: FLAIR Obj: 780000 FLAIR Obj: FLAIR Obj: County No:06 Contract No: Recipient Vendor No: F596000558102 Recipient DUNS No: 76997790 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction Q 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: m U u 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 3 Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 0 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Construction of Corkscrew Rd North from South of Wildcat Dr to East of Wildcat Dr, as further described in 0- 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 p completed. 3. Term of Agreement: The Recipient agrees to complete the Project on or before June 30,2024. If the Recipient ai does not complete the Project within this time period,this Agreement will expire on the last day of the scheduled m 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 a will not be reimbursed by the Department. 4. Project Cost: MI N M a. The estimated cost of the Project is$ 1,407,225 (One Million Four Hundred Seven Thousand Two Hundred Twenty-Five 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 c amendment as provided for in paragraph 5.i. m b. The Department agrees to participate in the Project cost up to the maximum amount of$773,974 (Seven Hundred Seventy-Three Thousand Nine Hundred Seventy-Four 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. 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: Packet Pg. 856 1---6 A 1 b DocuSigr Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGCIOOc-05121 Page 2 of 15 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; iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and E iv. Department approval of the Project scope and budget at the time appropriation authority becomes ai available. 5. Requisitions and Payments a J 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". ra 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 y 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. V 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 a or attributable to actions which have not received the required approval of the Department shall not be E 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 0 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 (7) the Recipient and must also establish that the required minimum level of service to be performed based on E the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs invoiced a07i shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing a� in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Q Requirements. a. J e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's TI Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida N Statutes and the most current version of the Disbursement Handbook for Employees and Managers. co v f. Payment shall be made only after receipt and approval of goods and services unless advance payments c are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida a) 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 Q 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, 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, Packet Pg. 857 1 6 A 1 6 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525EMENT LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGM5NT occiooc-05'21 Page 3 of 15 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. c7, Inspection and approval of goods or services shall take no longer than 20 days from the Department's E receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the L 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. o. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant J .r to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. :3 Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. "0 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 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 N timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516. ` 0 h. 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 o made available upon request to the Department at all times during the period of this Agreement and for five c 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 a and the project records, together with supporting documents and records, of the contractor and all E subcontractors performing work on the project, and all other records of the Contractor and subcontractors N considered necessary by the Department for a proper audit of costs. 0 i. 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 c7, Project,and shall incur obligations against and make disbursements of Project funds only in conformity with E the latest approved schedule of funding for the Project. The schedule of funding may be revised by ai execution of a Local Agency Program ( LAP") Supplemental Agreement between the Department and the a� Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon Q determination of the Recipient's contract award amount. a. —J j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or MI services performed pursuant to this Agreement, the Department may offset such amount from payments c� due for work or services done under any agreement which it has with the Recipient owing such amount if, cf2 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. co I. The Department's performance and obligation to pay under this Agreement is contingent upon an annual Q 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. Packet Pg. 858 I 6A16 DocuSIgn Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NAG 525E ENT LOCAL AGENCY PROGRAM AGREEMENT PROGRA6IM.OGClooC- T OOC-OS!27 Pane 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 E 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 o. 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." ra 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: m 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 V this Agreement; N 0 b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations o 0 which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; N a c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the E 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; 0 d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or m e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement. E m The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration a ("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 'i are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by M the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, d and costs attributable to goods or services received under a contract or other arrangements which have not been approved v in writing by the Department. 7. General Requirements: t 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. 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: Packet Pg. 859 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 PROGRAM MANAGEMENTT LOCAL AGENCY PROGRAM AGREEMENT OGc1000-05121 Page 5 of 15 i. 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; r E. E iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and ai complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; —J co vi. Directs Project staff, agency or consultant, to carry out Project administration and contract 'a oversight, including proper documentation; ca vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and 'a 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 c) 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 U 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 c state and federal funds, if there are state funds programmed to the Project),then the Recipient will be solely c 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 a funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related E to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department N will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred 0 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 v .r issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, a the Department District LAP Administrator should be notified as soon as possible. E m c. If all funds are removed from the Project, including amounts previously billed to the Department and Q reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will o. have to request repayment for the previously billed amounts from the Recipient. No state funds can be Q 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. MI N d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is 12 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 c and consummate, as provided by law, all actions necessary with respect to any such matters. a, e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid 2 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. 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 Packet Pg. 860 - - 16A16 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGcf00c-05/21 Page 6 of 15 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 r total. For any amounts determined to be ineligible for federal reimbursement for which the Department has g advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90 E days of written notice. i h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual Q 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 r using the format prescribed in 49 C.F.R. Part 24,Appendix B, and be submitted to the Department no later 1 than October 15 of each year. 8. Audit Reports: tt 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 m 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 L all audit and audit reporting requirements as specified below. U a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, c monitoring procedures may include, but not be limited to. on-site visits by Department staff and/or other procedures c including, reviewing any required performance and financial reports, following up, ensuring corrective action, and N issuing management decisions on weaknesses found through audits when those findings pertain to federal awards a provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to E comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department.The f6 Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed 0 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 16, the Department through this Agreement is subject to the following requirements: E i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold Q 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, Q 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, MI Subpart F—Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must M 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 v awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — c Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the E 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 Q responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements. Packet Pg. 861 1 6A16 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -NT LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MEENT o Gcrooc-05/21 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@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 ai Recipient's resources obtained from other than federal entities). cu E m iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at Q https://harvester.census.gov/facweb/the audit reporting package as required by 2 CFR Part 200, Subpart F — a Audit Requirements,within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months g 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 r 3,5 reporting package also be submitted to FDOTSinqleAudit@dot.state.fl.us within the earlier of 30 calendar days 'a 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. v. 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 m determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal y 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 U 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 c actions may include but not be limited to the following: N 1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient a or more severe enforcement action by the Department; cEa 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the N cost of the activity or action not in compliance: 0 3. Wholly or partly suspend or terminate the federal award; U 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 E, proceeding be initiated by the federal awarding agency); E 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. rn Q 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 Mi findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. cc vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 E 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit a(�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 fora 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: Packet Pg. 862 16A16 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 E- LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MENNT T occiooc-osnl 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 :r the effective date of termination or specify the stage of work at which the Agreement is to be terminated. E b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce a°'i beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree rn1 upon the termination conditions. a c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that .r work satisfactorily performed for which costs can be substantiated. Such payment, however, may not 1 exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the a 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. a 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 m Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. 0 e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to U comply with the Public Records provisions of Chapter 119, Florida Statutes. 10. Contracts of the Recipient: Q. a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract E 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 0 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 V of any consultant or contractor and to approve or disapprove the employment of such consultant or m contractor. E a) ar b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project Q 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 MI selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to c� 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 E federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the t FHWA-1273 form as set forth in Exhibit"G", FHWA 1273 attached to and incorporated in this Agreement. m The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling public is the Department's first priority for the Recipient. If lane or road closures are required by the LA to ensure the life, health, and safety of the travelling public, the LA must notify the District Construction Engineer and District Traffic Operations Engineer immediately once the travelling public are not at imminent risk. The Department expects professional engineering judgment be applied in all aspects of locally delivered projects. Defect management and supervision of LAP project structures components must be • Packet Pg. 863 -I6A10 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC—05!21 Page 9 of 15 proactively managed, monitored, and inspected by department prequalified structures engineer(s). The District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project construction, whether or not the defects are considered an imminent risk to life, health, or safety of the travelling public. When defects, including but not limited to, structural cracks, are initially detected during bridge construction, the engineer of record, construction engineering inspector, design-build firm, or local agency that owns or is responsible for the bridge construction has the authority to immediately close the bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with +, the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns. E 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: a) rn It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to a 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. —r U The Recipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this .0 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 ro 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 U 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 0 comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the c "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. a E 13. Performance Evaluations: y Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and Q provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or w designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than g 30 days after final acceptance. E w a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the cn Recipient failed to develop the Project in accordance with applicable federal and state regulations, Q standards and procedures, required excessive District involvement/oversight, or the Project was brought a 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 T-1 District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed N 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 4 project. ; c b. The District will determine which functions can be further delegated to Recipients that continuously earn £ Satisfactory and Above Satisfactory evaluations. r 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 Packet Pg. 864 16A1b - DocuSign Envelope ID: DCC1AD92-339E-496A-938E-82206195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525EM LOCAL AGENCY PROGRAM AGREEMENT PROGRAh4M/OOC— ENT T 5N OGCOOC—05l21 Page 10 of 15 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 a�i submit a bid on a contract with a public entity for the construction or repair of a public building or public E 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 Q 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. —J w co 0 d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the a 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 o entity for the construction or repair of a public building or public work;may not submit bids on leases of real -0 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 .e been determined by the Department to be a non-responsible contractor may not submit a bid or perform V 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, c 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 a tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, E officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, N and if such interest is immediately disclosed to the Recipient, the Recipient. with prior approval of the 0 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 y with the Project or any property included or planned to be included in any Project, and shall require its E contractors to insert in each of their subcontracts, the following provision: a) "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." fa. —J The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its �I fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a N 0-3 governmental agency. rt g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this c 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. Packet Pg. 865 - I -6 k 1 -6 DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a 525-STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION -NT PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGc/O0c-05;21 Page 11 of15 b. 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 the Department's or Recipient's 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 r Department for the negligent acts or omissions of the Department, its officers, agents,or employees.or for d the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third E parties in any manner arising out of this Agreement. This indemnification shall survive the termination of L this Agreement. Q 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 [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 -a 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]. L The foregoing indemnification shall not constitute a waiver of the Department's or [RECIPIENT']'s 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." d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this 0 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 S200,000 �,, per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each act occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, E or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as m required by the State of Florida under the Workers'Compensation Law. With respect to any general liability Q insurance policy required pursuant to this Agreement, all such policies shall be issued by companies a licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates Q 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 MI Retention will not be accepted. The certificates and policies shall provide that in the event of any material M 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. er w 16. Maintenance Obligations: In the event the Project includes construction then the following provisions are E incorporated into this Agreement: as a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System Q 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 Packet Pg. 866 I -- 6 — DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a 01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 .NT LOCAL AGENCY PROGRAM AGREEMENT PROGRAMMANAGEMET occrooc-osnl Page 12 of 15 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: a. 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 E, loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits. E The Recipient shall include in all contracts and subcontracts for amounts in excess of$150,000,a provision a, requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Q Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- a 1387). -J r+ b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this u Agreement. c. In no event shall the making by the Department of any payment to the Recipient constitute or be construed a as a waiver by the Department of any breach of covenant or any default which may then exist on the part -a of the Recipient and the making of such payment by the Department,while any such breach or default shall 3 exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to a, such breach or default. N d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In cja such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. a e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, c-CI any bonus or commission for the purpose of obtaining an approval of its application for the financing a hereunder. E <a f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision N 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 w in order that appropriate changes and modifications may be made by the Department and the Recipient to E the end that the Recipient may proceed as soon as possible with the Project. E a, g. In the event that this Agreement involves constructing and equipping of facilities,the Recipient shall submit to a to the Department for approval all appropriate plans and specifications covering the Project. The a 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 —I Project deemed appropriate. After resolution of these comments and recommendations to the MI Department's satisfaction,the Department will issue to the Recipient a written approval with said remainder M of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the v Department. w: h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all a) 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. 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 Packet Pg. 867 1 bAI6 - DocuSign Envelope ID: DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/00C—05/21 Page 13 of 15 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 r in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts t: under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose E accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature,the L judicial branch or a state agency. Q k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection Q services on the Project. ro I. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any 'a 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 -a terms of this Agreement. m. The Recipient shall: Y i. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment `o eligibility of all new employees hired by Recipient during the term of the contract; and U ii. expressly require any contractor and subcontractors performing work or providing services c 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 o. during the contract term. ca n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, N but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Q Agreement with a signature on behalf of a party will be legal and binding on such party. V 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 a 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. v b. ❑ If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is attached and incorporated into this Agreement. E c. ['Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method f is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached , and incorporated into this Agreement. Q 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. Packet Pg. 868 1 bA16 DocuSign Envelope ID.DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEEMENMEN TT OGCi00C—05121 Page 14 of 15 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. m h. El This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes E funding for traffic signals and/or traffic signals systems, Exhibit"N", Traffic Signal Maintenance is attached y 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 Q Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement. J r 15 j. ❑ The following Exhibit(s) are attached and incorporated into this Agreement: 'a k. Exhibit and Attachment List ra Exhibit A: Project Description and Responsibilities -o Exhibit B: Schedule of Financial Assistance Exhibit C: Title VI Assurances Exhibit D: Recipient Resolution N Exhibit E: Federal Financial Assistance (Single Audit Act) c Exhibit F: Contract Payment Requirements U * Exhibit G: FHWA Form 1273 * Exhibit H: Alternative Advance Payment Financial Provisions * Exhibit I: State Funds Addendumcsi * Exhibit J: State Financial Assistance (Florida Single Audit Act) * Exhibit K:Advance Project Reimbursement E * Exhibit L: Landscape Maintenance * Exhibit M: Roadway Lighting Maintenance u� * Exhibit N: Traffic Signal Maintenance 0 * Exhibit 0: Terms and Conditions of Construction in Department Right-of-Way V * Additional Exhibit(s): aai m * Indicates that the Exhibit is only attached and incorporated if applicable box is selected. L an a J co C 41 Packet Pg. 869 i _6A 6 DocuSign Envelope ID:DCC1AD92-339E-496A-938E-822D6195F12C 16.A.16.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 E PROGRAM MANAGEE MENTNT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-05/21 Page 15 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. RECIPIENT C LIER COUNTY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: "'/ By: Name: Name: Johm M. Kubler, P.E. Title: Title: Director of Transportation Development or Designee , c m E a) Legal Review: DS a DG a 8/24/2021 I E • ca a Appro s 'form and legality °' to Y L Jeffrey A. Klatzkow, County Attorney U N a O a) tv ATTEST: a� RYST L K,.KI ZEL, LER J a. Dppu Attest as to Chairman s M, N nht t1' to a.: a1 V ca (c fi3O) Packet Pg. 870