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Agenda 09/28/2010 Item #16A20 Aqenda Item No. 16A20 ~ September 28,2010 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $750,000 for Intersection Improvements on SR 29 at Lake Trafford Road (Project # 33124) OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution approving the attached FOOT Local Agency Program (LAP) Agreement in an amount of up to $750,000 for intersection Improvements on SR 29 at Lake Trafford Road. CONSIDERATIONS: The Florida Department of Transportation (FOOT) is willing to enter into a LAP Agreement with Collier County, wherein FOOT will reimburse Collier County up to the sum of $750,000 for adding two 12-foot right tum lanes on both approaches of SR 29, respectively, north and south of Lake Trafford Road. On Lake Trafford Road, west of SR 29, convert the travel lanes from 10' to II', extend the eastbound right tum lane at the SR 29 intersection and add an eastbound Icft turn lane. On Lake Trafford Road east of SR 29, convert the travel lanes from 10' to II', adding a westbound left turn lane at the SR 29 intersection with a westbound shared through/right turn lane. Additionai work includes re-furbishing of the existing traffic signal. The construction costs are anticipated to be $750,000 and the construction is scheduled to begin in the fall 01'2011. FISCAL IMPACT: A budget amendment is required in FYII to recognize grant revenue in the amount of $750,000 in the Grant Fund 711, Project # 33124. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. - SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA nON: That the Board of County Commissioncrs: Approve and authorize a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Local Agency Progran1 Agreement with the Florida Department of Transportation for which Collier County would be reimbursed up to $750,000 for intersection Improvements on SR 29 at Lake Tramlrd Road. Approve the necessary budget amendment to recognize revenue from FDOT Loeal Agency Program (LAP) in the amount of $750,000 into Grant Fund 711, Project # 33124 and authorize the Chainnan to execute grant award FPN# 427936 for which Collicr County would be i,r~imbursed up to $750,000 for intersection improvements on SR 29 at Lake Trafford Road. Prepared By: Daniel G. Hall. P.E., Senior Project Manager, Transportation Engineering, Growth Management Division. Attachments: I) Resolution: 2) FOOT Lap Agreement FM # 427936-1-58-0] : 3) Budget Amendment Agenda Item No. 16A20 September 28,2010 Page 2 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A20 Meeting Date: Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $750,000 for Intersection Improvements on SR 29 at Lake Trafford Road (Project #33124). 9/28/20109.00:00 AM Prepared By Julio F. Ordonez Project Manager, Principal Transportation Engineering & Construction Management Date Transportation Division 8/31/201010:08:51 AM Approved By Julio F. Ordonez Project Manager, Principal Transportation Engineering & Construction Management Date Transportation Division 8/311201010:35 AM Approved By Anthony Khawaja Engineer Date Growth Management Division Traffic Operations 81311201010:51 AM Approved By Dale A. Bathon, P .E. Project Manager, Principal Date Transportation Division Transportation Engineering & Construction Management 8/311201011:00 AM Approved By Rookmin Nauth ManagementfBudget Analyst Date Transportation Division Transportation Administration 8/31/201011:02 AM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 9/1/201010:34 AM Approved By Najeh Ahmad Director - Transportation Engineering DatE' Transportation Division Transportation Engineering [1 Construction Management 9f7:'2010 1:46 PM Approved By Norm E. ::eder AI::;P ~drninistrato' - Transoortaioi-; Dats Transportation Division Transportation Admir.ist,ation 91'14/2010 1Q:~6 AM Approved By Agenda Item No. 16A20 September 28. 2010 Page 3 of 23 Marlene J. Foard Grant Development & Mgmt Coordinator Date Administrative Services Division Administrative Services Division 9/15/20103:19 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 9/15/2010 3:32 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 9/16/20109:25 AM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 9/16/20109:42 AM Approved By Jeff Klatzkow County Attorney Date 9!16/2010 9:57 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 9/16/201010:43 AM Approved By Therese Stanley Manager - Operations Support. Trans Date Office of Management & Budget Office of Management & Budget 9'/16120102:44 PM Approved By Leo E. Ochs. Jr. County Manager Date County Managers Office County fJianagers Offi:::C" 5118/2010 12:4i PM Agenda Item No. 16A20 September 28,2010 Page 4 of 23 RESOLUTION NO. 2010- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE, AN AMENDED LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR INTERSECTION IMPROVEMENTS ON SR 29 AT LAKE TRAFFORD ROAD. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into an amended Local Agency Program Agreement (UAgreement") with Collier County, wherein FDOT will reimburse Collier County up to the sum of $750,000 out of an estimated $750.000 total project cost for intersection improvements on SR 29 at Lake Trafford Road (FPN 427936-1-58-01). WHEREAS, this Agreement is in the best interests of the citizens of Collier County. NOW. THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners approves, and authorizes it... Chairman to sign, the attached Agreement. 2. The Collier County Clerk will fOlWard a certified copy of this Resolution to FOOT along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this ___ day of .2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By. FRED W. COYLE, Chairman , Deputy Clerk Approved as to form and legal sufficiency: $Pi Scon R. Teach, Esq. Deputy County Attorney Agenda Item No. 16A20 September 28 2010 Page 5 of 23 STATE (Y FLORIOA CEPAImIENT OF TRANSPORTAllON LOCAL AGENCY PROGRAM AGREEMENT """"" PIlOJECTWoNWEIiIENTOI"l'ICl: ... -, FLAIR Approp: FLAIR Obi: FLAIR Approp: FLAlR Obj: FLAIR Approp: FLAlR Obi: FLAiR ApproP: FLAlR ObI: Vendor No: F59600055B004 FPN: 4?7Q:v:i.1.58-01 Fund: su Federal No: 3911 030 P Org Code: 55014010106 FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund' Federal No: Org Code: County No:03 Contract No' Data Universel Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning end Construction THISAGREEMENT,medeend entered Into Ihis _dayof '_ by and between the STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, herain8fter called the Department, and Collier County Board of Count\' Commissioners 3301 East Tami8mi Trait Nsoter. Florida 34112 hereinarter called the Agency. WIT N E SSE T H: 'NHEREAS, the Agency has the authority to enter Into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in a8 are88 of appropriate jurisdictIon Including the implementation of an integrated and balanced traneportalion system and is authorized under SectIon 339.12, Florida Statutes, to enter into this Agreement NOW, THEREFORE, in consideratioo of the mutual covenants, promises and representations herein, the parties agree 8S follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide lor the Department's partiCipation in addlna richt tum lanes end as further described in EJchibil "Aft attached hereto and by this reference made a part hereof, hereinafter called the .project,. and to pro'ollde Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in whiCh the proJed will be undertaken and completed. 1.01 Attachments: Exhibit(s) A B T and 1 are attached and made.e part hereof. 2.01 Genltnll Requirements: The Agency shall complete the project 8S described in Extlibit "A- with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and B" applicable laws. The project will be performed in accordance with all applicable Department proceclures, guidelines, manuals, standards, and directives as described in the Dep2lrtment's Local Aaencv Proonlm Manual, which by this reference is made a part ~raof as if fully set forth herein. Time is of the essence as to each and every obk9atioo under this Agreement. A fuJl time employee of the Agency, qualified to ensure that the work being pursued is complete. accurate, and consistent with the terms. conditions. and specifications of this Agreement shall be in charge of each pro;ect. Removal of Any Unbllled Funds If Agency falls to timely perform its obligations in submitting invoices and ckJcuments necessary for ttle dose out of the project, and said failure results in a loss of the remaining unbilled funding eittler by Federal withdrawal of funds or loss of State appropriation authority (whicn may indude both federal funds and state funds, if any state funds are on the project). Agency will be responsible for the remaining unbilled funds on the project No other funds will be provided by the Department. Agency waives the right to contest suCh removal of funds by the Department, If said removal is directly related to Federal (FHWA) withdrawal of funds or io&S of State appropriation authority due to Local Agency's. failure or nonperformance. In addition to loss of funding, the Department will consider d&-Certification of said Agency for Mure LAP projects "--_._..~-----,----~---- ._--_._-----.~._.- Agenda Item No. 16A20 September 28,2010 Page 6 of 23 STATE OF I"LORItII. DE"ART1IIIEiNTOFTRA~I>ORTATlON LOCAL AGENCY PROGRAM AGREEMENT ........, I'ROJECTJllAMo\OEMfJiTOl'fIa. "'" -, Removal of All Funds If llfJ funds are removed from the project, including amounts previoualy billed to the Depertrnent and reimburaed to the Agency, and the project is off the stale hIghway s)'Stem, then the department will have to request repayment tor the previously blUed amounts from the Local Agency. No state funds can be used on off-.ystem projects. 2.02 Expiretlon of Agreement; The Agency agrees to comptete the project on or before December 31 2012. If the Agency does not comphate the project within this time period. this Agreement will exPire on the last day of the scheduled completion as provided in thils paragraph unless an extension of the time perlod Is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.D3 Pursuant to F.d.f8~ State. and Local L.ws: In the event that any ek!ction, referendum, approval, permIt notice or other proceeding or EJuthortzation is requlalte under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe. assume or carry out any of the proviliona of the Agreement. the Agency will Initiate and consumm81e, as provided by IIIw, all actions necessary with respect to any such matters 1i0 requisite. 2.04 Agency Funds: The Agency shall initiate and prOMCUte to completion all proceedings necessary, Indudlng federat.ald requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 SubmlAlon of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data. reports, records. contracts, and olller ctocuments relating to the project 8$ the Department and the Federal Highway Administration (FHWA) mey require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 75000000. This amount is based upon the schedule of funding in exhibit MB. M The Agency agrees to bear all expenses in excess or the total coat of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Palrtlcipation: The Department agrees 10 participate, including contingencies, in the project cost to the extent provided in Exhibit ~B" This amount includes tederal.aid funds which Bre limited to the actual amount of federal. aid participation. 3.03 limits cn Oeparbnent Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation In eligible project costs is subject to: a) LegiSlative approval of the Departmenl's appropriation request in the worK program year that the project is scheduled to be committed; b) Avallablllty of funds as stated in paragraphs 3.04 and 3.05 01 this Agreement; c) Approval of all plans, specifications, contracts or other obJigeting documents and all other terms of this Agreement; and d) Department approval of the project scope and budget al the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent LJpon an annual appropriation by '!he 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 "S" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement If incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are avaHable. 3.05 Muttj.Year Commitment: In the event this Agreement Is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6){a), Florida Statutes, are hereby incorporated: J\aenJ8 lt8n~ I'~o. 161\20 ~ SeDteml1er 2f.', 2010 F\Jg8 7 of 23 STATE Of FLORIO<'. OfPART1IlEi'lTOf TRAHSP'ORTATlOM LOCAL AGENCY PROGRAM AGREEMENT .,..,~ PllWECTIAAIo.iAGilIAENlOfFlCE - -, ~(a) The department, during any fiscal year, shall not expend money, Incur any liability, or enter into any contract whIch, by Its terms, involves the e}lJ1endlture 01 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 contrad. The department shall require a statement from the comptroller of the Department that funds are avaUable 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 mBDe shall be executory only for the vatue 01 the services to be rendered or agreed to be paid for In succeeding fiscal years, and this paragreph shall be incorporated verbatim in all contracts of the Department which are for an amount In excess of $25,000 end whid1 have a term for a p6liod of more then 1 year." 3.06 Notlc.~to.Proued: No cost may be incurred under this Agreement unm the Agency has received 8 written Notice- to-Proceed from the Department, 3.07 Limits on FedeRI Participation: Federal-aid funds shall oot participate In any cost which is IlOt Incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) end 49 C.F.R" snd policies and procedures preacribed by the Division Administrator of FHWA. Federal funds snail not be paid on account of any cost incurred priOr to authorization by the FHWA to tne Oepanment to proceed wtth the project or part thereof involving such cost (23 C,F.R. 1.9 (an, If FHWA or the Department determines that any amount claimed is not eiigible, federal participation may be apPl'OIIed in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons WhV 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 Departmenl may deny participation in parcel or projec1 costs in part or in total For any amounts determined to be ineligible for federal reimbursement for wnich the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts withIn 90 days of 'Mitten ootice 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of thi5 Agreement, a project schedule of funding shall be prepared by the Agency and approved by tnB Department. The Agency shall maintain said schedute of funding, carry out the proJect. and shall Incur obtigallons against and maKe disbursements of prOJect funds only in confonTIity with the latest approved schedule of funding for the project. The schedule of funding may be relllsed by mutual written agreement between the Department and the Agency _ If revised, a copy of the revision should be fotWarded to the Department's ComptrOller and to trie Department's Federal--.aid Program Office No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs Incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. cOptes of these documents and records shall be furnished to ~he Department upon request Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontradors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started betore the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records halle been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eUglble costs of the protect except costs agreed to be bome by the Agency or Its contractors end subcootractors Costs in excess of the programmed funding or attributable to actions which have not received the reQuired approval of the Department shall not be consIdered eligible costs 5.03 Documentation of Project Costs: All costs Charged to tne proJect. Including any approved services contributed by the Agency or Olhers, shall be supported by Pfoperly executed payrolls, time records, invoices, contracts Dr vouchers evidencing in proper detail the nature and propriety of the charges 5.04 AudIt Reports: Recipients of federal and stale lunds are to have audits done annually using 1t1e foiiowing criteria. Agenda Item No. 16A20 September 28, 2010 Page 8 of 23 STAT!< OF nOlltlMDf!II'IoRTlIIEt./T Of m,I.HlPOR!'Jl.Tl()I.I LOCAL AGENCY PROGRAM AGREEMENT """"'" Pl'IlQ..ECTIII~OI'F'lCl! "'" -. The administration of resources swarded by the Department to the Agency may be subject to audIts and/or monttortng by the Department, 86 described In this section. Monitoring: In eddition to reviews of audtts conducted in accordance with OMS Circular A-133 end Section 215.97, Florida Statutes, 88 reviled (see "AudIts. below), monitoring procedures may include, but not be limited to, on~8lte visits by Department sta1T. limited scope audits as defined by OMS Circular A-133, .. revised. and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully wtth any monitoring proceduresJprocesses deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply wtth any additional Instructions provided by the Department staff Ie the Agency regarding such 8udtt. The Agency further 1IQfee& to comply and cooperate with Bny inspections, reviews, investigations 01" audits deemed necesaary by the FOOTs Office of Inspector General (DIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I ~ Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMS Circular A.133, as revised) are to h8Ve audits done annualty using the follOWing criteria: In the event that the recipient expends $500,000 or more In teetersl awards In ns fiscal year, the recipient must have a single or program-spectflC auetft conducted in accordance with tl'le provisIons of OMS Circular A-133, as revIsed. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in Ils fiSC81 year, the reciptent shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance wtth the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General In BCCorctance with the provisions OMS Circular A.133, as revil5ed, will meet the requirements of this part. 2 In connection with the audit requiremenls adClressed in Part I, paragraph 1 the recipient ahall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. 3 If the recipient expends less than $500,000 in federal awards in its flscai year, an audit conducted in accordance with the provisions of OMB CirCUlar A~133, as revised, is not requIred. However, If the recipient elects to have an !ludlt conducted in accordance wtth the provisions of OMS Circular A-133, as revised, the cost 01 the audit must be paid from non-federal resources (i.e.. the cost of such an audit must be paid from recipient resources obtaIned from other than federal entities). 4 Federal awards are 10 be identified using the Catalog of Fedf!lral Domesttc Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part. II - State Funded: ReCipients of state funds (I.e., a non-stale entity as defined by Section 215.97(2) (I), Florida StatlJles) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess 01 $500,000 In any fiscal year of such recipiflnt, the recipient must have a state single or project-specific audit for such fiscal year in accordance wlth Section 215,97, Florida Statutes, appltcabLe rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Audttor General. Exhibit "1' to this. Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state frnandal assistance expended in tts fiscal year, the recipient shall consider all sources of state financial assistance, including state financial aaaistance received from the Department, other state agencies, and other non-state entlt:ies. State financial assistance does oot include federal direct or paSS~throU9h awards and resources received by a non-state enltty for federal program matcl1ing requirements. 2. In connection with the audit requirements addressed In Part II. paragraph 1, the recipient shall ensure that the audit complies w'ilti the requirmnents of Section 215.97(7}, Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (tocal governmental entities) or 10.650 (nonprofit and for-profit organizabons), Rules ofltle Auditor General 1\C1enOa Item i\lc,. 16A2D .-- September 23. 2010 Paqe 9 of 23 StATEOl'Fl.0Rl~DE"A~1"E'IJTOF'l'R4Nl>PO~"'11ON LOCAL AGENCY PROGRAM AGREEMENT ~~~ PROJECTIotAou.aOIEtlTOFFICE - '-' 3 If thE: recipIent expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance WIth the provisions or Section 215.97, Florida Statutes., is not required. However, If the recipient eleets to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-stete entity's resources (i.e" the cost of such an audit must be paid from the recipient's resouree& obtained from other than State entities). -4 State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency 8Wsrding It. Part III _ Other Audit Requlremen18: The recipient shat! follow up and take corrective action on audit nndings Preparation of e Summary Schedule of Prior Year Audit Findings. including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit fmdings, appeals or litigation snajl be retained until the action is complete'- or the dispute is resolved. Access to project records snd audit work papers shall be given to the Department, the Department of Financial SeMces, and the Auditor General. This section does not limit the authority of the Department to conduct Of arrange for the conduct of edditiOl'lsl audits or evaluaUons of state financial assistance or limit the authority of any other stateofficiel. Part IV - Report Submission: Copies or financial reporting packages for audits conducted in accordance with OMS Circular /\-133, as revised, and required by Parll of this Agreement shall be submitted, when required by Section .320 (d), OMS Circular A- 133, as revised, by or on behaH of the recipient directly to each of the following: a) The Department 81 each of the following address(es.): Michelle S. Peronto a01 North Broadway Avenue Bartow, Flortda 33B30 b) The Federal Audit Clearinghouse designated in OMS Circuiar A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2). OMB Circular A.133. as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 1011> Street Jeffersonville, IN 47132 c} Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular A-133, as revised 2 In lhe event that B copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised. the recipient shall submillhe required written notification pursuant to Section .320 (e)(2) and a copy of the redptenfs audited Schedule 01 Expenditures of Federal Awards directlv 10 each of the following: Michelle S, Peronto 801 North Broadway Avenue Bartow. Florida 33630 In addition, pursuant to Section .320 (f) OMS Circular A-13:S, as reVised, the recipient shall submit a copy of the financial reporting package described in Section .320 (C), OMS Circular A-133, as reyised, and any Management Letters issued by the auditor. 10 the Department at each of the following addresses Agenda Item 1'0 11'l\20 September 28.12010 Page 10 Dr 23 I I 5T"''TEOFF\.~n.o,Cf!P''I'lT''I!NTOFTRAN6PORTATlcm LOCAL AGENCY PROGRAM AGREEMENT "..,"" Pl'lO.I!:CT' r.wu.GEMEHT omCf. "., "". Michelle S. Peramo 801 North Broadway Avenue Bartow, Florida 33830 3 Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient ~ 10 each of the following: a) The Department at each of the following address(es): Michelle S. Parente 801 North Broadway Avenue Bartow. Florida 33830 b} The Auditor General's Office al the f~lowing address," Auditor General's Office Room 401, Pepper BUilding 111 West Madison Street Tallahassee, Florida 32399.1450 4. Copies of repom Of the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient ~ to: a) The Department at each of the following address(es): Michelle S. Petronto 801 North Broadway A....enue Bartow, Florida 33830 5, Any reports, Management letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMS Circular A.'33, as revised, Florida StaMes, and Chapters' 0.550 (local governmental entities) or , 0.650 (nonprofit and for~profil organizations), Rules of the Auditor General, as applicable. 6 Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMS Circular A.'33, as revised, or Chapters 10.550 (local governmental entities) or '0.650 (nonprofit end for. profit organizationS), Rules of the Auditor General, sMuld indicate the date that the finandal reporting package was delivered 10 the recipient in corres.pondence accompanying the financial reporting package. Part V . Record Retention: The recipient shall retain sufficient records demonstrating lis compliance with the lerms of this Agreement tor a period of al least 5 years from the date the audit report is issued and shall allow the Department or Its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure lhat lhe independent audit documentation IS made available to the Department, or its aesignee, the state CFO or Auditor General upon request for a periOd of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 6.06 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department'$ authorized representatives and authorized agents of FHWA to inspect all work. workmanship, materiais, payro'ls, end records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel thiS Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other malerial subject to the proviSions of Chapter 118, Florida Sta1utes, and made or received in conjunction with tllis Agreement (Section 287.05B(1) (c), Florida Statutes). 6.0Ei Uniform Relocation Assistance and Real f=troperty Statistical Report: For any project requiring additional right. of~way, 1he Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activfues on the project. Aclivities shall be reported on a federal fiscal year basis, from October 1 through Aqenda Item r'-Jo. 16A20 ~ September 2~ 2010 Page 11 of 23 5T"'TEOI'F~DRlOo'I.oeP"'RnIEItlTCJFT'!I.N6I'CRT"'TIClN LOCAL AGENCY PROGRAM AGREEMENT ~~~ ~OJECTt.WoIAOEMfI<lTOFFlCE .,.. -, September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix 8, and be submitted to the Department no later than October 15 of each year 6.00 Requlsttlons and Payments: Requests for reimbursement for fees or other compensation for seNices or expenses incurred shall be submitted in detail sufficient for a proper pre--audtt and post--audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, induding those contracted by the Agency, must submit bills for any tT8\1el expenses, when authorized by the terms of this Agreement, In accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Di!lbul"8ement Ooerations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes} If, after project completion, any claim is made by the Department resulting from an suc:lit or for wor1t or services performed pursuant to this Agreement, the Department may offset such amount from payments due for wort: or services done under any agreement which It has wttI"1 the Agency owing .lJCh amount If, upon demand, payment of the amount Is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obllgatlons: Subject to other provisions hereof, Ihe Department will honor requests for reimbulllemenl to the Agency in amounts and at limes deemed by tile Department to be proper to ensure the carrying out at the project and peyment of the eligible costs. However, notwithstanding any other proVision of this Agreement, ttle Department may elect by notice in writing not to make a payment If 7.01 Mtsrepreuntatlon: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data fumished 1tlerawlth or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardiZe or adversely affect the project. the Agreemiltnl or payments to the project; 7.03 Approval by Department: The Agency shall hS"IIe taken any action pertaining to the project: which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been adVised by the Department that same are appro\led: 7.04 Confllc1 of Interests: There has been any violaton of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.06 Default: The Agency has been determined by the Department to be In default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA. may designate as ineligible for federal-aid, 7.07 Disallowed Costs: In determining the amount 01 the payment, the Department will exclude all projects costs In:::.urred by the Agency pnor to the effective date of this Agreement or the date of authorization, costs Incurred atter the expiration of the Agreement, costs which are not provided tor in the latest approved schedule of funding in Exhibit "B" fof the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit !he final Invoice on the project to the Department within 120 days after the completion of the project. InVOices submitted after the 120-day time period may not be paid 8.00 Tennlnation or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its Obligations under thiS Agreement until such time as the event or condltlon resulting in such suspension has ceased or been corrected or the Department may tetmlr\sle this Agreement in w\1ole or in part at any time tt'le interest of the Agenda Item I~o. 16A20 September 2B, 2010 Page 12 of 23 sr,l,TEOFFLORlo.o.ttPAAlMENTOF1RANBPOATAllON LOCAL AGENCY PROGRAM AGREEMENT 52!i.-lllO-<<l PROJ{CT MANA.QEIIIEt(l' OFl'ICE "'" -. Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing wtth a requirement that the deficiency be corrected within thirty (30) days of such notice. Such noUce shall provide reaaooable spectficity to the Agency of the deficiency 1hm requires correction. If the deficiency is not corrected within such time period. the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(0) betow, or (2) take wtIatever action Is deemed appropriate by the Department to contIct the deficiency. In the event the Department ChOOIN to take aetron and not terminate the Agreement, the Agency thall, upon demand, prompUy reimburse the Department for any and all costs and expenses Incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement. the Department shall notffy the Agency of such termination in writing, with Instructions to the effective date of tennin.ation or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the project is completed, the Agency shell be paid only for the percentage 01 the project satisfactorily performed for whiCi'l costs cen be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. AU work In progress will become the property of the Department end will be turned over promptty by the Agency. 8.02 Action Subsequent to Notlee-of-TennlnatJon or Su.penston: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required lherein wtlich may include any or all of the fOllowing: (a) necessary action to terminate or suspend, as the case may be, prOject activities and contracts and such other action 8S mey be required or desirable to keep to a minimum the costs upon the basis of which the financing 1& to be computed; (b) fumlsh a statement of the project activities and contracts and oth"r undertakings the cost of which are otherwise Includable as project costs. The tenninatlon or suspension shaH be carried out in COnformity with the lalest schedule, plan, and cost as approved by the Department or upon the basls of terms and conditions imposed by the Department upon the failure of the Agency 10 fumlsh the schedule, plan, and estimate within a reasonable time. The closing out of federal financial partic;pation in the pro,ect shall not constitute a wal....er of any c1aim which the Department may otherwise have arising oul of this Agreement. 9,00 Contracts of Agency: 9.01 Third Party Agrettmenm: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate Itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party wltl1 respect to the project without the written approval of the Department. FaillUl!l to obtain such approval shaJJ be sufficient cause tor nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications at any consuttant or contractor Bnd to approve or disapprove the employment of the same 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by lhe parties hereto that participation by the Department in a project with the Agency. where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Compe1tti....e Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for aU projects. In all cases, the Agency's attomey snail certify to tne Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 DIsadvantaged Business EnterprIse (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the perfonnance ot contracts financed in whole or in part with Department funds under this Agreement. The DBE fl!quirements of applicable federal end state laws and regulations apply to this Agreement. The Agency and Its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance wtth applicabie federal and state laws and regulations to enSlJf8 that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall nol discriminate on the basis of race, color, national origin or sex in the award and performance 01 contracts, entered pursuant to thiS Agreement. Furthermore. the Agency agrees that b,aenaa Item No 1 (jA20 ~ September 28,2010 ?a~Je Ai~; of 23 ST",n OF Fl.OI'lIOA oa>ARTw:NT OF T~PORT"'TlO'" LOCAL AGENCY PROGRAM AGREEMENT !I2~'1).4C PftOJEcrIolANO..GE~EN"lO~CE om '-' (a) Each financial assistance agreement signed with B US-DOT operating administration (or II primary recipient) mus.t include the following assurance: "The recipient shall not discriminate on the oasis of race, color, national origin, or sex in the award and performance of any DOT .sssisted contract or in the administration of Its DBE program or the requirements of 49 C.F.R. Part 26. The reCIpient shall take all necessary and reasonable Iteps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. Tr.e recipient's DBE program, as required by 49 C.F.R. Part 26 and 8& approved by Department, Is incorporated by reference In this Agreement. Implementation of this program is a legal obligation and failure to earry out Its terms shall be treated 85 a IJlolatlon of this Agreement. Upon notification to the recipient of Its failure to carry out its approved program, the Department may impose sanctions 81> provided for under ~9 C.F .R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 16 U.$.C. 1001 anOlor the Program Fraud CilJil Remedies Act 011986 (31 U.S.C. 3801 et seq.)," (0) Each contract Signed with a contractor (and each subcOntract the prime contractor signs witt1 II subcontractor) must include the following assurance: 'The contractor. subreCipient or subcontractor shall not discriminate on the bIIsis of race, color, national origin, or sex in the performance of this contract. The contmctor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contract!. Failure by the contractor to carry out th&Se rsquiremenls is a material breach of this contract, which may result In the lermlnation of this contract or such other remedy as the reCipient deems appropriate," 11,00 Compliance with, Conditions and Laws: The Agency shall comply and require Its contractors and subcontractors to comply with all terms end conditions of this Agreement and alt federal, state, and local laws aoo regulations applicable to this project. Execution of this Agreement constiMes a certification that the Agency is in comptiance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable fedelll.l, stale. and local laws and regutations., including the 'Certificatlon Regarding Debarment, Suspension. ineligibility and Voluntary Exclusion _ Lower Tier Covered Transactions,' in 49 C,F ,R. Part 29, when applicable. 12.DO RestrlctJons, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: in connection with the carrying out of any project. the Agency shall not discriminate against any employee or 8Pplicar11 for employment because of race, age, religion, color, &eX, national ongin, disability or marital status. The Agency wHi take afflnnative action to ensure that applicants are employed and that employees are treated during employment without regard to their race. age. religion, color, gender, national origin, disability or marital status Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer: recruitment or recruitment advertising: layoff or termination: rates of payor other forms of compensation; and selection for training. including apprenticeship_ The Agency shall insert lhe foregoing provisioo modified only 10 show the particular contractual relationship in sUits contracts in connection with the development of operation of the protect. except conlracls for the standard commercial supplies or raw materials, and shall n!lquire all SuCh conlractors to insert a similar provision in all subcontracts, except subcontracts for standard commerciai supplies or raw materials. lNhen the project involves Installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuouS pisces B\lsnable to employees and applicants for employment 10r project work. notices to be provided by the Department setting forttllhe provisions 01 1I1e nondiscrimlnanon ciause 12.02 Tltie VI _ Civil Rights Act of 1964: The Agency will comply with all the requirements Imposed by Title VI of the Civil Rights Act 011964, !he reguiations of the U.S. ~p8rtment of Transportation issued thereunder, and the assurance by tne Agency pursuant thereto The Agency shall include provisions in all contracts with third parties tt1a!. ensure compliance with Title VI of thiR CiVil Rights Act of 196.4, 49 C,F _R_ Part 21, and reiated statutes and regulations 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with aHthe requirements as imposed by the ADA, the regulations of the Federal governmenl issued thereunder, and assurance by the Agency pursuant thereto 12.04 Public EntIty Crime: f, person or affiliate who has oeen placed on the convicted venljOr list foliowmg a conviction SUTEOI'fLORID.l.O!;P,lomWENTOFTRANSPQRTATlCN LOCAL AGENCY PROGRAM AGREEMENT Agenda Item No. 1~A20 September 28.2010 Page 14 ,of 23 I I I 5:Z~1G-<<l PROJECTWA'-iAOEWEI"'TOl'fICE """ -" 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 lor the construction or repair of a public building Of public won:; 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 l!l contract with any public entity; and may nol 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 or being placed on the convicted vendor list. 12.06 Discrimination: In accordance with Section 287,134, Florida Statutes. an entity or 8fllliate who has been placed on the Dlserirnlnatory Vendor List, kept by the Florida Department of Management Services, may not aubml! a bid on 8 contract to provide goods or services to a public entity; mey not submit a bid on 8 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 B contractor, supplier, subcontractor or consultant under a contract wtth any public entity: and may not transact business With any public entity. 12.06 Suspension, Revocation, Denial of Qu.Uflcatlon or Detennination of Contr.ctor Non~R..pon.'bmty; 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~relponsitHe contractor may not submit a bid or perform work for the construction or repair of a public building or public wort;: on B contract with the Agency. 12.07 Prohibited IntentSbI: Neither the Agency nor any of Its contractors or their subcontractors st1all enter into any contract, subcontract or arrangement in connection wtth the project or any property included or planned to be included in the project in wtlich any member, officer or employee of the Agency or Ihe locality during tenure or for 2 ye8~ thereafter has any interest, direct or indirect. It 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 immediarely disclosed 10 the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained In this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shali Insert in all contracts entereCllnto in connection With the project Of any property induded or planneQ to be induded in any project, and shall require its contractors to insert in ead1 of their subcontracts, the folklwing proviskJn: ~No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or Indirect, In this contract or the proceeds thereof.. The provisions of this paragraph shall not be applicable 10 any agreement between the Agency Bnd its fiscal depositories or to any agreement for utility services the- rates for which are fixed or controlled by a govemmental agency. 12.08 Interest of Membeni of, or Delegates to, Congress: No member or delegate to the Congress of fI1e United States shall be admitted to any share or part of this Agreement or any benefit arising theretrom. 13.00 Miscellaneous provisions: 13.01 Environmental Regulations: The Agency will be solely responSible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and Will reimburse the Department for any loss incurred in connection therewitM. The Agency will be responsible tor securing any applicable permits. 13.02 Department Not Obligated 10 Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not 8 party to this Agreemenl 13.03 When Rights and Remedies Not WaIVed: In no event shall the making by the Department of any payment to the Agency constitute or bEl construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department. while any such breach or defaul1 shall exist, shall in no way impair or prejudice allY right or remedy al/ailable to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held Invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform Aqenda Ilem No, 16A20 ~ September 28,12010 P.. ~ r::; I {"'l age I ~ 101 L", ST,t,TO:OfFLORllJ,l.DEf'N'lTI,lE"'10FTItAllSI'ORT,',::"ION LOCAL AGENCY PROGRAM AGREEMENT S:2!l.-O'(>.oIl) f>RO.l:CTIOAWo.Ga.lE"IT OFl'ICE - 1>1ICII>,1 to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement. the Agency represents that it has not paid and, also agrees not to pay. any bonus or commission for the purpose of obtaining an approval of its apptlcation for the financing hereunder. 13.06 state Law: Nothing in the Agreement shall reQuire the Agency to ObS8l'\18 or enforce compliance with any provision or perform any act or do sny other thing in contr8Venllon of any appllcable state law. It eny of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate et1anges and modifications may be made by the Department and the Agency to the end thai. the Agency may proceed 88 soon 8S poas.ible with the project 13.07 Plans and Specifications: tn the event tnat this Agreement in~olves constructing and equipPing of facUlties on the State Highway system. the Agency shall submit to the Department for approval all appropriate r;>>ana end specifications covering the ,:lroject. The Department will review all plans and specifications and will issue to the Agency 8 written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After re&Qlution of these comments and reeommefldallons to the Department's satisfaction, the Department wUl issue to the AgetlCY a written approval with said remainder of the pro)ect. Failure to obtain this written approval shall be sufficient cause of nonpsyment by the Department. The Agency will physicalty indude Form F HWA. 1273 in alllt8 contracts and subcontracts. 13.08 Rlght..of-Way Certification: Upon completion 01 right-of-way activities on the pro;ec~ the Agency must certify compliance with all applicable federal and atate requirements. Certification is required prior to advertisement tor or solicitation of bids for construction of the project. inclu~ing those projects for which no right-of-way is required. 13.09 Agency Certification: The Agency will certify In writing, prior to prOject closeout thai the project was completed in accordance witt1 applicable plans and specifications, is In place on the Ageocy'!S facility, adequate tiUe is in the Agency's name, and the project is accepted by the Agency as suitable lor the intended purpose 13.10 Agreement Format: All words used herein in the singular form shell extend to and include the plural. All WOfds used In the plural form shall extend to and include the singular All words used in any gander shall extend to snd include all genders 13.11 Ex&cution of Agreement: This Agreement may be simultaneously e)(ecuted in a minimum of two counterparts. each of which so eKecuted shall he deemed to be an original, and such counterparts together shall constitute one in the same Instrument 13.12 Restrictions on LObbying: Federal: The Agency agrees that no federally-appropnated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member Df Congress, an officer or employee of Congress or an employee of a Member of Congress In connection wtth the awarding of any federal contract, the making of any federal grant. the making of any federal loan, the entering Into of any cooperative agreement, and the extension, continustion. renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement If any funds other than federally-appropriated funds have been oaid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency. a MemDer of congress, 81'1 officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-lLL. "Disclosure Form to Report LObbying.~ In accordance with its instructions. The Agency shall require that the language of this paragraph be Inciuded in the award documents for all subawards at all tiers (including subcontracts subgranls, and contracts under grants. loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly State: No funds receivac pursuant to !nis contract may be expended tor lObbying the Legislature, the judicial branctl or a state agency Agenda Item No.1 A20 September 28, 2010 Page 16 of 23 STA.TEOFFlOAc..OE"AlftNI;JlTOfTA.ANSI"'ORTATICIt<l LOCAL AGENCY PROGRAM AGREEMENT ......., PROJECT liL'\NAG8ENT omce: .... -" 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System cons1ructed under tt1ls Agreement. If the Agency constructs any improvement on Department right-of-way. the Agency l'EJ wlll 0 will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (In this document identified as the Agency) providing goods and ,.rvices to the Department should be aware of the following time frames_ Upon I'8celpt, the Department hes 5 wol1<.ing days to inaped and approve the goods and s81'Vices unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver It 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 IIlfVices ere received, Inspected, end approved. If II payment is nol available within 40 days after receipt of the Invoice and the receipt, inspection, and approval of goods Bnd services, 8 sepal1lte Interest penalty in accordance with Section 215.422{3){b), Florida Statutln, win be due an~ payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation error'l will result in 8 delay In the payment. The Invoice payment requirements do not start until e property 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(B) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptroller's Hotiine, 8n-893-5238. 13.15 Reimbursement or Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time 8 I'ftVteW conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbu~ement of the hmds, lhe Agency will be responsible for repayment to the Department of all funds awarded under the t&rms of this Agreement. Federal Economic Stimulus awards do nol exempt the Agency from adherence to federal guidelines, procedures, and regulations. A;jenda Item No. 1t3A20 September 28,:2010 Page 17',0123 STATEOFFlClflI~OEPART"ENTorl~"-'SP(}IIlTATIOI'I LOCAL AGENCY PROGRAM AGREEMENT "..,.... PIlOJECT\IANAOEtAEWTOFFlCO- - -" IN WITNESS WHEREOF, the parties have caused these presents 10 be executed the day and year first above written AGENCY COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By. Nama' Fr~o LV. ~~ c''rbW'"'''''' Title: BoCC Chairman or DeliQhee Name: Dick Combs Title: Director of Transportation Development Title: Executi'Je Secretary Attest" Title: County Clerk Attest" As to fomr As to form" Attorney ..-----~~" / \ ,./LllA I ,-JI/ \'...---'/ District Attomey See attached EnClJmbrance Form for date of funding approval by Comptroller Agenda Item No. 16A20 September 28.2010 Page 18 of 23 STAn: OF F~ llEPNlTMEN'T OFTRANSPQJlTAl1ON LOCAL AGENCY PROGRAM AGREEMENT .",,,.., PROJECT MANAI3EUEI(f OFFICI: """ ".'4 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 427936-1-58-01 This exhibit forms an integral part of the Agreement between the State of Florida. Department of Transportation and Collier County, dated PROJECT LOCATION: SR 29 at Lake Trafford Road The project 0 is ~ is not on the National Highway System. The project 0 is. 0 is not on the State Highway System. PROJECT DESCRIPTION: Adding two 12-foot right tum lanes on both approaches of SR 29, respectively. north and south of lake Trafford Road. On Lake Trafford Road, west of SR 29. convert the t1'8vellanes from 10' 10 11', extend the eastbound right turn lallEl at the SR 29 Intersection and add an eastbound left turn lane. On lake Trafford Road east of SR 29, convert the travel lanes from 10' to 1", adding a westbound left tum lane at the SR 29 tnteraectlon witM a westbound shared through/right tum lane, Re-fur1:lishlng of the existing traffic signal. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall inClude a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal AuthoriZation Number (FAN), where applicable, the amount of state funding action (receipll!lnd disbursement of funds), any federal or local funding action, and the funding aellon from any other source with respect to the project No later than at 100% plans submittar, the Agency will submit to the Department the project Bid Package 10 include Specifications, updated construction estimate, draft construction contract compteted construction checklist and the Agency's Certification Clear Padcage AlIltems must be reviewed, approved and a Notice to Proceed must be issued by the Department prior to any construction related activities, induding project advertisement Construction related activities conducted prior to Notice to Proceed will not be reimbursed and may render the entire projeel ineligible for federal funding. The Certification Clear PaCkage must include the following ltems completed and signed by the authorized Agency representative: 1) Rail Clear Letter 2) Permtts Clear Letter 3) Utilities Clear/Coordinated Letter The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design to be completed by March 31 2011. b) Rlght-of.Way requirements Identified and provided 10 the Department byMarch 31 2J!.11 c) Right.of-Way to be certified by March 31 2011. d) Construction contract to be let by June 30 2011. e) Construction to be completed by December 31 2012 If this schedule cannot be met, the Agency will notify the Department in writing prior to I='ebn.mrv 28 2011 with a revised schedule or the prOject is subject to the withdrawal of federal funding Aaenda Item No. 16A20 ~ September 28,2010 Page 19 at 23 r,,o,lEOI'FlQRlo.o.OCPMnllEt.IlOflRl\...cSf'QII'T,o,l\ON LOCAL AGENCY PROGRAM AGREEMENT 525-O'l~ PFlOJEClMAN.ol.GaOENl'OfI'la: - -" EXHIBIT" A" PROJECT OESCRIPTION ANO RESPONSIBILITIES All work to be conducted outside of the Department Right-of-Way shall adhere to 1) The 2007 Florida Greenbaok standards, as amended 2) At 8 minimum follow the LA~ Specfficalions All work to be conducted within the Depanment Right-of-Way shall adhere to the following: 1) The FDOT standard specification for road and bridge construction, 2010 edition as amended, and 2) The FDOT roadway and traffic design standard, 2010 edition as amended and design criteria from the PPM, 2010 edition as emended. For all projects the following win apply: 1) Section 287.055, F .S. "Consultants Competitive Negotiation Act,' when acquiring a consultant utilizing federal funds 2) FOOT Project Development and Environmental Manual 3) The Local Agency Program Manual The Agency will complete and provide the Department with a Final Inspection and Acceptance form al the completion of the project in accordance witt! the Local Agency Program Manual for Federal Aid pra;ects (Department Procedure: 525- 010-42). This form must be completed and accepted by the Department prior 10 payment of the project Flna! In\lOice. The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the construction phase, the Department will have for1y.five (45) days after receipt of the Agency's final construction invoice to review, inspect and approve the construction phase tor payment. All other invoices for prOject phases and all other progress payments shall be processed In accordance with the Department's procedures end guidelines for Invoice processing, The Agency wHl proVide progress billing invoices to the Department on a minimum of a QUllI1:erty basis The Agenc)' will be responsible lor acquiring al: required and applicable permits lor the project tor review and approval prior 10 construction SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department shall reimburse the Agency, suoJect to funds availability, in the year programmed. whicl'1ls currently FY 10/11 for construc:bon. Agenda Item No. 16A20 September 28,2010 Page 20 of 23 Sf A TE OF FLORIDA tEPAIlTMENT OF .......NSPORTATKJN LOCAL AGENCY PROGRAM AGREEMENT ,,~.., PROJECTIIIAN.O.GE/IIIENTOFFlCE .... _m EXHIBIT "B" SCHEDULE OF FUNOING AGENCY NAME & BILLING ADDRESS Co_ County 80l1IU of County COImliasionera 3301 Em Tamiami TraU Naples, Florida 34112 FPN" 427936-1-5&-01 PROJECT DESCRIPTION Name: Addina Tum I an_ Length: !lIl6 Termln!: Litke Trafford Rolld III SR 29 This agreement covers the construction phase costs. Fund8 for the construction Phs.e are in fiscal year 10111. No construction phase work may commence without Issuance of a NOTICE TO PROCEED from the Department Availability of any fundS Is subject to legislative approval. The Construction. Engineering Bnd In.pection (eEl) of 1his project will be funded by the County. . FUNDING (11 m ~) TYPE OF WORK B\I Fiscal VB.' TOTAL AGENCY STATEl ~ROJECT n",os F1JNOS ~EoeRAL FUNDS P"nntng 2010-2011 2011-2012 Total Planning Cost Project: DilV810prnent & Environment (PD&E) 201 ()..2()11 2011_2012 TotalflD&.EC061 ......' 201 ()"2011 2011-2012 Total OesIgnCost Rl;trt-of-W.y 201~011 2011-2012 TotatRighl-of-WBvCoot Co,.tructlon 2010-2011 1;75000000 S7!i(J 000 00 2011-2012 2012-2013 Total Conslrudion Cas1 150000 liD 75000000 Construction Engl.,..ring .nd InspIH:tlon fCEll 2010-2011 2011.2012 - 2012-2013 TotDlConstruc1ionand CEI Costs $750,000.00 $750,OOJ,OO TOTAL COST OF ntE PROJECT $750.000.00 $750,000.00 The Department's fiscal year begins on July 1 For this project, funds are nol projected to be available until after the 1st 01 July of eaCh fiscal year. The Department will notify the Agency, in writing, when funds are available Aaenda Item No. .:61\20 ~ September" 28.2010 Page 21 of 23 ~T"'TE Cf' nOR<O!I !:Ep""rlllENT Of TAAl'lSf'ORU.TlON LOCAL AGENCY PROGRAM AGREEMENT ~~~ P~OJECTloIAw.GEIolENTOF'F1CE - -" EXHIBIT "1" SINGLE AUDIT ACT Federal Resource. Awarded to the Recipient Pursuant to Thla Agreement Consist af the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $750000.00 Compliance Requirement: Allowable AetlvltMts: To be eligible, most projects must be located on pUblic roads that are nol functionally classified as local. The major exceptions are the Highway Bridge Replacement end Rehabilitation Program, which provides 88Blstance for bridges on and off the federal-aid highways, highway safety activlties, bicycle and pedestrian p~ect:s, tran~rt8tion enhancement activities, the recreational trails program, and planning, research, development, and technology transfer, Proposed projects meeting these and other planning, desigl'l, environmental, safety, etc., requirements can be approved .on the basis of state end local priorities within the limit otthe funds apportioned or allocated to each state. AlloWable Costs: Eligible activities and allowable costs wilt be determined in accordance with Title 23 and Title 49 C,F.R. and the OMS cost principles applicable to the recipient/sub-recipient Eligibility: By law, the federal-aid higrrwsy program is a teaerally assisted state program that requires each state to halle a suitably eQuipped and organized transportation department Tberefore, most projects are administered by or through state Departments of Transportation (State DOTs), Projects to be funded under the federal-aid highway program are generally selected by state DOTs or Metropolitan Planning OrganlUltions (MPOs), In cooperation with appropriate local officials, as specified in 23 U,S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Florida Land Highway Program (FlHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the variouS Florida Land Management Agencie& {FLMAsl. Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Govemments and are approved by the Bureau of Indian Affairs (SIA) and the FHWA. Due to recent legislation. Trlbal Governments meeting certain requirements may now 8CIminister various IRR projects on behalf of the BIA and FHWA The Fish and Wildlife Service (FWS) and the National Pari<. Service (NPS) select projects In lI1e Refuge Road and Park Roads and Parkways programs, respectively, For the Forest Highway Program, the Forest ServIce, the States and the FHWA jo;ntly select projects Compliance Requlremttnts Applicable to the Federal Resources Awarded Pursuant to Thi6 Agl'Mment Are As Follows: The recipient of Local Agency Program {LAP} funding must comply with the statutory requirements In SectIOns 112061.215.422.339.12, and 339.135, Florida Stalutes, and Title 23 and Title 49, C,F.R Agenda Item No. 16A20 September 28,2010 Page 22 of 23 ST"'TEi.OFFl.ORlo.>,OE~AI'lTIENlOF"AAHSPOR1'ATION LOCAL AGENCY PROGRAM AGREEMENT !>21>{J1Co<<l F>litOJECTMA~Mt;NTOFFlCE - ...." EXHIBIT lOT" TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA) PllragraJ)h 13.141s expanded by the following: The parties mutually agree and covenant 8& follows' 1. 'When the District Traffic Operations Engineer of the Department hes served a request order on the Agency, and the designated officer of the Agency has favorably acknowledged the request order. the Agency shall undertake the responsibilities to maintain Bnd operate exieting or new traffic aignala and signal systems mentioned in the request order. 2. The proposed functional design and operation of new trafflc signals end signal systems shell be reviewed by ltIe Agency in conjunction with the Department prior to instaUation. Such design and operation will be 8S energy efficient as possible. 3. The installation of signals or signal systems shaH not endanger highwily travel and shall be conducted in accordance with Part VI of the Manual on Uniform Traffic Control DeVices (MUTeD), as emended, and with all applicable Department standards, specifications and plans goveming traffic control fO!' street and highway construdJon and maintenance. 4. The Agency shall be responsible for the maintenance and continuous operalion of the traffic signals and Signal systems (central computer, cameras, message signs, and communications Interconnect), school zone traffic contrDI devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical charges incurred In connection with the operation of such traffic &ignal& and signal system& upon completion of their Installation. In the case of construction contracts, the Agency shall be responsible for the payment of electricity and electrical charges incurred in connection wtth the operatiOn of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signalS and signal systems upon final acceptance of the installation by the Department. Repair or replacement and other reeponsibilities of the installation contractor and the Department. during the bum.in period between conditional and final acceptance. are contained in the most recent Department's ~ Scecifications for Road and Bridoe Construction. 5_ The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that agree with maintenance practices prescribed by the Intemational Municipal Signal Association (IMSA) and operational requirements of the MUTeD, as amended. The Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, servlce, and routine repairs). and emergency maintenance (troubleshOOting in the event of equipment malfunction, failure or damage) The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain. as a minimum. traffic signal log details recommended by the IMSA, 6. The Agency may remove any component of the installed equipment tor repair; however. it shall not make any permanent modifications and/or equtpment replacements unless the equipment provided Is the same age or newer and is capa~e of performing the same functions. The Depanment shall not mall:e any modifications and/or equipment replacements without prior written notice- to the Agency 7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans. specifications or special provisions. The Agency may make modifications in phasing of treffic Signals and signet systems to accommodate changing needs of traffic provided prior written approval Is obtained from the Department Department approval shall be contingent upon an engineering report prepared by or for the Agency in accordance with Section 1A.09, "Engineering Study and Engineering Judgmenf, of the MUTeD recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida The Agency may make changes in the signa! timing provided these changes are made under the direction of a qualified Professional EngIneer The Agency shell send a signed and sealed coPy of the timings 10 the Department immediately after installation_ The Department reserves the right to examine equipment, timing, and phasing at any time and. after consultation with the Agency, may specify modifications. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated v.ith, or made by the Agency Agenda Item No. 16A20 September 28,2010 Page 23 of 23 STAn; Of Fl.ORlDo\OEJ>ARTMENT OF TAANSP(WTA'T1Ot1 LOCAL AGENCY PROGRAM AGREEMENT ....,... PROJEC1'~EIlEWTOffICE ... -" EXHIBrr "T" TRAFFIC SIGNAL MAINTENANCE AGREEMeNT (TSMA) 8. The Agency shall note in the maintenance log any timing and/or phasing changes and keep a copy of the timings and any approvel documentation in . file. 9, The Agency may enter Into agreements with other parties penaining to traffic signals and signal systems including, but not limited to, agreements relating to COStl8nd expenses Incurred In connection with the operation of traffic signals and signal aystems on the State Highway Syslem provided that such agreements are consistent with the mutual covenants contained in this TSMA. The Agency ahall furnillh 8 copy of such agreements to the Depertment. 10. This TSMA shall remain inrorce during the life of the originally InstaHed equipment andlorthe lite of aMV replacement equipment installed with the mutual conaent of the parties hereto until superseded by 8 Traffic Signal Maintenance end Compensation Agreement betweef1lhe Departrn.nt and the Agency.