Resolution 2019-078 RESOLUTION NO. 2019 -7 8
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA, APPROVING, AND AUTHORIZING ITS j
CHAIRMAN TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE DESIGN OF BIKE LANE IMPROVMENTS ALONG 111TH
AVENUE NORTH FROM THE BLUEBILL AVENUE BRIDGE TO 7TH
STREET NORTH. (FPN 441846-1-38-01)
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 FDOT
will reimburse Collier County up to the sum of $63,740 for the design of bike lanes and paved
shoulders along 111th Avenue North, from the Bluebill Avenue Bridge to 7th Street North. (FPN
441846-1-38-01); and
WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the
public interest and benefits the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
1. The Board of County Commissioners approves and authorizes its Chairman to sign the
Agreement pertaining to FPN 441846-1-38-01.
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 r l-It\day of Viil , 2019.
ATTEST: BOARD OF C• , •MMISSI• - ' S
CRYSTAL K. KINZEL, Clerk OF COLLIE 9 . .ORI! .
f\ r , ''. _ lio„or / i I el/
By i,tU'- .'"'J. dir By: '•og.
Attest as to Chairman's ,„,Deputy er Nam L. McDaniel,Jr.
s natUr• only. hairman
Appro ed .six o'•rm and legality:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12/18
Page 1 of 15
FPN: 441846-1-38-01 FPN: FPN:
Federal No(FAIN): D118-062-B Federal No (FAIN): Federal No(FAIN):
Federal Award Date: Federal Award Date: Federal Award Date:
Fund: SU Fund: Fund:
Org Code: 55013030152 Org Code: Org Code:
FLAIR Approp: 780000 FLAIR Approp: FLAIR Approp:
FLAIR Obj: 780000 FLAIR Obj: FLAIR Obj:
County No:03 Contract No:
Recipient Vendor No: F596000558102 Recipient DUNS No: 76997790
Catalog of Federal Domestic Assistance(CFDA): 20205 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 the
design of bike lanes along 111th Avenue, as further described in Exhibit "A", Project Description and
Responsibilities attached to and incorporated in this Agreement ("Project"), to provide Department financial
assistance to the Recipient; state the terms and conditions upon which Department funds will be provided;and
to set forth the manner in which the Project will be undertaken and completed.
3. Term of Agreement: The Recipient agrees to complete the Project on or before December 31, 2020, 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 $ 63,740.00 (Sixty-Three Thousand, Seven Hundred Fortyl. 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$63,740.00(Sixty-
Three Thousand, Seven Hundred Forty)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:
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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,
deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the
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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.
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:
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"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:
i. Administers inherently governmental project activities, including those dealing with cost, time,
CAO)
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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
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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525PROGRAM MANAGEMENT 525.010-40
LOCAL AGENCY PROGRAM AGREEMENT 00C1000-12118
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claimed is not eligible, federal participation may be approved in the amount determined to be adequately
supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts
are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA
requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is
not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in
total. For any amounts determined to be ineligible for federal reimbursement for which the Department has
advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90
days of written notice.
h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual
report of its real property acquisition and relocation assistance activities on the project. Activities shall be
reported on a federal fiscal year basis,from October 1 through September 30. The report must be prepared
using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later
than October 15 of each year.
8. Audit Reports:
The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to
audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to
conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with
all audit and audit reporting requirements as specified below.
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.
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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
FDOTSingleAuditna 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
httrs://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
FDOTSingleAuditCcdot.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:
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The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this
Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the
event or condition resulting in such suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such
termination in writing at least thirty(30) days prior to the termination of the Agreement, with instructions to
the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce
beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree
upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the
Project is located on the Department's right-of-way, then all work in progress on the Department right-of-
way will become the property of the Department and will be turned over promptly by the Recipient.
d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the
Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the
Agreement any funds that were determined by the Department to have been expended in violation of the
Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to
comply with the Public Records provisions of Chapter 119, Florida Statutes.
10. Contracts of the Recipient:
a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract
or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the Project without the
written approval of the Department. Failure to obtain such approval shall be sufficient cause for
nonpayment by the Department. The Department specifically reserves the right to review the qualifications
of any consultant or contractor and to approve or disapprove the employment of such consultant or
contractor.
b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project
with the Recipient, where said project involves a consultant contract for engineering, architecture or
surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055,
Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23
U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant
selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act and the federal Brooks Act.
c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit"G", FHWA 1273 attached to and incorporated in this Agreement.
The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project.
11. Disadvantaged Business Enterprise (DBE) Policy and Obligation:
It is the policy of the Department that 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525PROGRAM MANAGEEMENTMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC—12/18
Page 9 of 15
The Recipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
12. Compliance with Conditions and Laws:
The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this
Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement
constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to
comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions,"
in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable.
13. Performance Evaluations:
Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and
provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or
designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than
30 days after final acceptance.
a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the
Recipient failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought
in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the
Project in accordance with applicable federal and state regulations,standards and procedures,with minimal
District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed
the Project in accordance with applicable federal and state regulations, standards and procedures, and the
Department did not have to exceed the minimum oversight and monitoring requirements identified for the
project.
b. The District will determine which functions can be further delegated to Recipients that continuously earn
Satisfactory and Above Satisfactory evaluations.
14. Restrictions, Prohibitions, Controls, and Labor Provisions:
During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and
subcontractors to include in each subcontract the following provisions:
a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the
regulations of the U.S. Department of Transportation issued thereunder,and the assurance by the Recipient
pursuant thereto. The Recipient shall include the attached Exhibit"C",Title VI Assurances in all contracts
with consultants and contractors performing work on the Project that ensure compliance with Title VI of the
Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal
Government issued thereunder, and assurance by the Recipient pursuant thereto.
c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
CAO
525-010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC—12/18
Page 10of15
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. Additionally, the
Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors, or
consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law,the Recipient's contractor shall indemnify and hold harmless
the Recipient, the State of Florida, Department of Transportation, and its officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees,
to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the
contractor and persons employed or utilized by the contractor in the performance of this Contract."
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's
sovereign immunity."
b. 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
525-010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12118
Page 11 of 15
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
El shall
❑ shall not
maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is
required to maintain Project improvements located on the Department right-of-way beyond final
acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this
Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and
incorporated into this Agreement as Exhibit"D". This provision will survive termination of this Agreement.
17. Miscellaneous Provisions:
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
16)Cil7s.
525-010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12/18
Page 12 of 15
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
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.
525.010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGCIOOC-12118
Page 13 of 15
o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.
p. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive
solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated
funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes.
18. Exhibits:
a. Exhibits"A", "B", "C", "D", "E"and "F" are attached to and incorporated into this Agreement.
b. ❑ If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is
attached and incorporated into this Agreement.
c. ❑Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method
is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached
and incorporated into this Agreement.
d. ❑ State funds are used on this Project. If state funds are used on this Project, then Exhibit "I", State
Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial
Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement.
e. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit"K", Advance Project Reimbursement is attached and incorporated into this
Agreement.
f. ❑This Project is located off the State Highway System and includes funding for landscaping. If this Project
is located off the State Highway System and includes funding for landscaping,then Exhibit"L", Landscape
Maintenance, is attached and incorporated into this Agreement.
g. /1 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
(1
525-010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGCIOOC-12/18
Page 14 of 15
"Additional Exhibit(s):
* Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
525-010-40
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENT OGC/Ooc-12/18
Page 15 of 15
IN WITNESS f • •:• , .e parties have e ecut this Agreement on the day and year written above. •
RECIPIENT fli, County -A STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATM N m
Aftl itt->illi '-'=,.'aial •
By:
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Name: S
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
T
Page 1 of 2
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN:441846-1-38-01
This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of
Transportation and
Collier County
PROJECT LOCATION:
❑ The project is on the National Highway System.
❑The project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS: Approximatley 0.770 miles
PROJECT DESCRIPTION: The purpose of this project is to design 5' bike lanes and paved shoulders along 111th
Avenue North from Bluebill Ave. Bridge to 71h St North. Elements of the project may also include the relocation of traffic
signals and roadway lighting.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds),any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Design completed on or before June 30, 2020
b) Project Closeout documentation completed on or before September 30,2020
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT: If this schedule cannot be met, the Agency will notify the Department
in writing prior to March 1, 2020 with a revised schedule or the project is subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to
1)The current Florida Greenbook standards,as amended
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
Page 2 of 2
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
2)At a minimum follow the LAP Specifications
All work to be conducted within the Department Right-of-Way shall adhere to the following:
1)The FDOT most current standard specification for road and bridge construction,and
2)The FDOT most current roadway and traffic design standard and design criteria from the PPM, or other FDOT Adopted
criteria.
For all projects the following will apply:
1) Section 287.055, F.S. "Consultants Competitive Negotiation Act,"when acquiring a consultant utilizing federal funds
2) FDOT"Project Development and Environmental Manual"
3)The Local Agency Program Manual
The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of
the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525-
010-42). This form must be completed and accepted by the Department prior to payment of the project Final Invoice.
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the construction phase, the Department will have forty-five (45) days after receipt of the Agency's final construction
invoice to review, inspect and approve the construction phase for payment. All other invoices for project phases and all
other progress payments shall be processed in accordance with the Department's procedures and guidelines for invoice
processing. The Agency will provide progress billing invoices to the Department on a minimum of a quarterly basis.
The Agency will be responsible for acquiring all required and applicable permits for the project for review and approval
prior to construction.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency, subject to funds availability, in the year programmed, which is currently in
Fiscal Year 2018/2019 for Design services.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-408
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANGEMENT
OGC-10/18
Page 1 of 1
EXHIBIT "B"
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME & BILLING ADDRESS: Collier County FINANCIAL PROJECT NUMBER: 441848-1-38-01
3299 Tamiami Trail East
Suite 700
Naples, FL 34112-3969
MAXIMUM PARTICIPATION
(1)
TOTAL (2) (3) (4)
PHASE OF WORK By Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE FUNDS FEDERAL FUNDS
Design-Phase 38
FY: 2018-2019 (Surface Transportation Program(SU)) $63,740.00 $ $ $63,740.00
FY: (Insert Program Name) $ $ $ $
FY: (Insert Program Name) $ $ $ $
Total Design Cost $63,740.00 $ 0.00 $ 0.00 $63,740.00
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: (Insert Program Name) $ $ $ $
FY: (Insert Program Name) $ $ $ $
FY: (Insert Program Name) $ $ $ $
Total Construction Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
Construction Engineering and Inspection(CEI)-Phase 68
FY: (Insert Program Name) $ $ $ $
FY: (Insert Program Name) $ $ $ $
FY: (Insert Program Name) $ $ $ _ $
Total CEI Cost $ 0.00 $ 0.00 $ 0.00 $ 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 $63,740.00 $ 0.00 $ 0.00 $63,740.00
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.
Zoe Giannopoulos
District Grant Manager Name
' 4
Si natur ') /61 0- - 1q - ict/--------*
Date
OVa
9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C
LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT
OGC—10/18
Page 1 of 2
Exhibit "C"
TITLE VI ASSURANCES
During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in
interest (hereinafter collectively referred to as the"contractor) agrees as follows:
(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein
incorporated by reference and made a part of this contract.
(2.) Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall
not discriminate on the basis of race,color,national origin,or sex in the selection and retention of sub-
contractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the contract covers a program set forth in
Appendix B of the REGULATIONS.
(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under sub-contract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the REGULATIONS relative to nondiscrimination on the basis of race,color,
national origin,or sex.
(4.) Information and Reports: The contractor shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration
to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the Florida Department
of Transportation, or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C
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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.G.§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).
J
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40D
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EXHIBIT "D"
RECIPIENT RESOLUTION
The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
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EXHIBIT "E"
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal-Aid Highway Program, Federal Lands Highway Program
CFDA Program Site: https:/Iwww.cfda.govl
Award Amount: $63,740.00(Sixty-Three Thousand,Seven Hundred Forty)
Awarding Agency: Florida Department of Transportation
Award is for R&D: No
Indirect Cost Rate: N/A
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING:
2 CFR Part 200— Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal Awards
http://www.ecfr.gov/
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/prelim(a title23&edition=prelim
Title 49—Transportation, United States Code
http://uscode.house.gov/browse/prelimtitle49&edition=prelim
Map-21 —Moving Ahead for Progress in the 21st Century, Public Law 112-141
http://www.gpo.qov/fdsys/pkq/PLAW-112pub1141/pdf/PLAW-112pub1141.pdf
Federal Highway Administration—Florida Division
http://www.fhwa.dot.gov/fIdivi
Federal Funding Accountability and Transparency Act(FFATA) Sub-award Reporting System (FSRS)
https://www.fsrs.gov/
•
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EXHIBIT "F"
CONTRACT PAYMENT REQUIREMENTS
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category(salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for
which reimbursement is being claimed indicating that the item has been paid. Documentation for each
amount for which reimbursement is being claimed must indicate that the item has been paid. Check
numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly
reflect the dates of service. Only expenditures for categories in the approved agreement budget may be
reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services
being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an individual
for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on
behalf of the employee(e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then
the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks
for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes,which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If
nonexpendable property is purchased using State funds, the contract should include a provision
for the transfer of the property to the State when services are terminated. Documentation must be
provided to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and that
provide for the contractor to purchase tangible personal property as defined in Section 273.02,
Florida Statutes, for subsequent transfer to the State.
(5) In-house charges:Charges which may be of an internal nature(e.g., postage, copies, etc.)may
be reimbursed on a usage log which shows the units times the rate being charged. The rates must
be reasonable.
(6) Indirect costs:If the contract specifies that indirect costs will be paid based on a specified rate,
then the calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative
documentation to substantiate the reimbursement request that may be in the form of FLAIR reports
or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found
at this web address http://www.myfloridacfo.com/aadir/reference guide/.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40M
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EXHIBIT "M"
ROADWAY LIGHTING MAINTENANCE
Paragraph 16 is modified to include the following provisions:
1. Maintenance
a) The Recipient shall, at its sole cost and expense, maintain the existing or to-be-installed roadway lighting
system throughout its expected useful life unless and until this exhibit is superseded by a State Highway
Maintenance and Compensation Agreement.
b) In maintaining the roadway lighting system, the Recipient shall perform all activities necessary to keep the
roadway lighting system fully and properly functioning, with a minimum of 90% lights fully functioning for any
lighting type (e.g., high mast, standard, under deck, sign) or roadway system at all times for their normal expected
useful life in accordance with the original design thereof, whether necessitated by normal wear and tear,
accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing
electrical power and paying all charges associated therewith, routine inspection and testing, preventative
maintenance, emergency maintenance, replacement of any component parts of the facilities (including the poles
and any and all other component parts installed as part of the facilities), and the locating (both vertically and
horizontally) of the facilities as may be necessary.
c) All maintenance shall be in accordance with the provisions of the following:
(1) Manual of Uniform Traffic Control Devices (MUTCD); and
(2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances and Department
procedures.
d) This Exhibit shall remain in force during the life of the originally installed roadway lighting system and/or the life
of any replacement roadway lighting system installed with the mutual consent of the parties hereto until
superseded by a Roadway Lighting System Maintenance Agreement between the Department and the Recipient.
B
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EXHIBIT "N"
TRAFFIC SIGNAL MAINTENANCE
Paragraph 16. is modified to include the following provisions:
1. When the District Traffic Operations Engineer of the Department has served a request order on the Recipient, and the
designated officer of the Recipient has favorably acknowledged the request order, the Recipient shall undertake the
responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request
order.
2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by the
Recipient in conjunction with the Department prior to installation. Such design and operation will be as energy
efficient as possible.
3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in accordance
with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable
Department standards, specifications and plans governing traffic control for street and highway construction and
maintenance.
4. The Recipient shall be responsible for the maintenance and continuous operation of the traffic signals and signal
systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control
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 signals and signal systems upon completion of their
installation. In the case of construction contracts, the Recipient shall be responsible for the payment of electricity and
electrical charges incurred in connection with 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 responsibilities of the installation contractor
and the Department, during the burn-in period between conditional and final acceptance, are contained in the most
recent Department's Standard Specifications for Road and Bridge Construction.
5. The Recipient 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 International
Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Recipient's
maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service,
and routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or
damage). The Recipient 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 Recipient may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer
and is capable of performing the same functions. The Department shall not make any modifications and/or equipment
replacements without prior written notice to the Recipient.
7. The Recipient 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 Recipient may make modifications in phasing of
traffic signals and signal 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 Recipient in accordance with Section 1A.09, "Engineering Study and Engineering Judgment", of the MUTCD
recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of
Florida. The Recipient may make changes in the signal timing provided these changes are made under the direction
of a qualified Professional Engineer. The Recipient shall send a signed and sealed copy of the timings to the
Department immediately after installation. The Department reserves the right to examine equipment, timing, and
phasing at any time and, after consultation with the Recipient, may specify modifications. If the Department specifies
modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by the
Recipient.
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8. The Recipient shall note in the maintenance log any timing and/or phasing changes and keep a copy of the timings
and any approval documentation in a file.
9. The Recipient may enter into agreements with other parties pertaining to traffic signals and signal systems including,
but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic
signals and signal systems on the State Highway System provided that such agreements are consistent with the
mutual covenants contained in this Exhibit. The Recipient shall furnish a copy of such agreements to the Department.
10. This Exhibit shall remain in force during the life of the originally installed equipment and/or the life of any replacement
equipment installed with the mutual consent of the parties hereto until superseded by a Traffic Signal Maintenance
and Compensation Agreement between the Department and the Recipient.