Resolution 2001-431
RESOLUTION NO. 2001- 431
1689
A RESOLUTION AUTHORIZING EXECUTION OF A STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL
AGENCY PROGRAM AGREEMENT FOR THE COUNTYWIDE
PA VED SHOULDERS PROJECT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Collier County Board of County Commissioners (Board) wishes to
provide paved shoulders countywide; and
WHEREAS, the State of Florida Department of Transportation (FOOT) is authorized
under Section 334.044, Florida Statutes, to enter into a Local Agency Program (LAP) Agreement
with certified agencies. Collier County is a certified agency; and
WHEREAS, the purpose of the LAP Agreement is to provide for the FOOT's
participation in Collier County's "Countywide Paved Shoulders" Project, further described in
Exhibit A; and
WHEREAS, the Board believes such an Agreement to be in the best interest of the
citizens of Collier County.
NOW, THEREFORE, be it resolved by the Board of County Commissioners, Collier
County that:
SECTION ONE: The Board does hereby authorize its Chairman to execute an FDOT
LAP Agreement for their participation in the "Countywide Paved Shoulders" Project wherein
Collier County agrees to pay the estimated project costs of $641,480.00 and complete the project
on or before December 28. 2002.
SECTION TWO: Upon completion of the project as outlined in the LAP Agreement, the
FDOT agrees to reimburse the estimated projects costs of $641,480.00 to Collier County.
SECTION THREE: This Resolution shall take effect immediately upon its passage.
This Resolution adopted after motion, second and majority vote favoring same this
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:An~Sl':. .,". c'
:pWIGItr .E. ~O.tK, Clerk
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6eputy Clerk Attest H to Cha i l"llIan ' s
S1gtlllturt 0011-
Approved as to form and
legal ufficienc .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
airman
L .
Heidi F. Ashton
Assistant County Attorney
16B9
FIN NO. 4043601 38 & 58 01
EXHIBIT A
Project Scope
The project consists of the design, construction and inspection for providing four (4) foot
shoulders at the locations listed below. All of the work will be done within existing road
rights-of-way.
1) On both sides of Estey Avenue (from Steeves Avenue to Jefferey Place), an
approximate length of 4,200 feet. Refer to Map 1 for details.
2) On both sides of Shadowlawn Drive (from Estey Avenue to US 41 East), an
approximate length of 4,200 feet. Refer to Map 1 for details.
3) On the east side of CaroNna Avenue (from Broward Street to McCarty Avenue), an
approximate length of 4,500 feet. Refer to Map 2 for details.
The design survey will be performed by consultants that comply with the requirements of
this agreement. Design of all improvements to be provided by the in-house
Transportation Operations Design Team. Construction of the improvements will be done
through qualified contractors.
The project duration has been set per the following milestone schedule:
Survey 2 months
Design 2 months
Bid and award 3 rhonths
Construction 3 months
Total project: 10 months
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State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
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FIN No. 40436013801/40436015801 Fund: SS FLAIR Approp: 088849/088796
Function: 215 FLAIR Obj.: 131521/790087
County No. 03 Federal No:8888 825 A/8888 812 A Org. Code: 55013030152/55014060162
Contract No: Vendor No.: F59-6000-558-107
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this ~ day of
by and between the STATE OF FLORIDA DEPARTME~"~' ~"~ :I'RANSPORTATION, an agency oht~l:he Stat(~ of Florida,
hereinafter called the Department, and COLLIER (~(~[JNTY
hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes toenter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Countywide Paved Shoulders and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) A, B are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/28/2002
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of schedule~
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the DEPARTMENT pdor to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
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2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such
data, reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $ 641,480.00 . This amount is based upon
the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to
bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be
modified by mutual agreement as provided for in 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of
Federal-aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is s,~bject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department?s performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or wdtten, 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 entedng into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and
which have a term for a period of more than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed
from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures
prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, Federal participation may be approved in the amount determined to be adequately supported, the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
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For any amounts determined to be ineligible for Federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by
mutual wdtten agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded
to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements established in Exhibit "B" 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 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(5) ~fears after final payment is made. Copies of these documents and records shall be furnished
to the Department upon raquest. Records cf costs incurred includes the Agency's general accounting records and the
project records, together with supporting documents and records, of the Agency and all subcontractors performing work
on the project and all other records of the Agency and subcontractors considered necessary by the Department for a
proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
$.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project.
Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award
number and year, and name of the awarding Federal agency. State awards will be identified using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a
single or program specific audit conducted in accordance with the United States Office of Management and Budget
(OMB) Circular A-133.
If a recipient expends less than $300,000 in Federal awards dudng its fiscal year, an audit conducted i0 accordance with
the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal
year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid
from non-Federal funds.
In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a
state single or program specific audit conducted in accordance with Section 216.3491, Florida Statutes, and Chapter
10.600, Rules of the Auditor General.
If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with
Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient
expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance
with Section 216.3491, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit
must be paid from non-State funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133
and Financial Reporting Packages generated in accordance with Section 216.3491, Florida Statutes, and
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Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30
days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months
after the end of the recipient's fiscal year.
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit finding is required. Current year audit findings
require corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and
the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
A Financial Reporting Package of audits conducted in accordance with Section 216.3491, Florida Statutes, and
Chapter
State of Flodda Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32303-1450
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the dght 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 matedal subject to the
provisions of Chapter 119, Flodda Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1)(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of
way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance
activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30.
The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department
no later than October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Flodda Statutes and
Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400.
(Section 287.058(1)(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of
contract by the Department.
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7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out
of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the
Department may elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document of data fumished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having beenadvised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for Federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project,
and costs attributable to goods or services received under a contract or other arrangements which have not been
approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 day time period will not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of
its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time. Suspension of the contract will not affect the time period for completion of the agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Agency,
the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or
specify the stage of work at which the Agreement is terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required er desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and
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cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the
failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of Federa
financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have
arising out of this Agreement.
9.00 Contracts of the Agency:
9.0t Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or surveyin~ services, is contingent on the Agency complying in full with provisions of Section
2S7.055, Florida Statutes, Co,-~suit~nts Competitive Negotiation Act. At the discretio,~ of the Department, the Agency will
involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall
certify to the Department [ilar selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, 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 regulations apply to
this Agreement.
10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable Federal and State regulations, have the opportunity to participate in the performance of contracts
and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have
the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a
part of this project, the Agency must comply with applicable Federal and State regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
Federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial-of participation in
this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the Department's determination whether to enter
into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such the
Agency from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous
certification, in addition to other remedies available, Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered
"debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," pdmary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a
copy of those regulations.
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The Agency further agrees by submitting this Agreement that it shall not knowingly enter into any contracts with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the
Department, without modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The
Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency
may, but is not required the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or
Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. to, check
the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs"
Nothing contai~,~d :n the foregoing shall be construed to require est,~blishment of a system of records in order to renc. e
i~ good faith thb certification required by this clause. The know~¢dge and information of the Agency is not required to
exceed that which !s normally processed by a prudent person in the crdinary course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available,
the Department may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or madtal status. Such action shall include, but not be limited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms o
compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision
modified only to show the particular contractual relationship in all its contracts in connection with the development o
operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such
contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the
Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices
to be provided by the Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder,
and the assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with alt the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
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12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TVVO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.184 F.S., an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract
to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity.
12.06 Prohibited Interests: Neither the Agenc? nor any of its contractors or their subcontract~,.,-$ ~nall enter into any
contract, subcontract, or arran[;ement in connection with the project or any prope.~y included or ~,'.anned to be included in
the project in which any member, officer or employee of the Agency or the Iocai;~y during his tenur,~ or for two 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 his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this
subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency
or the locality relating to such contract, subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract orthe proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for secudng any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
party other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
9
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13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable State law, provided, that if any of
the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing
in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the
Agency may proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by
the Department or any of its officers, agents or employees during the performance of the Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
similar provision of law.
VVhen the Department recewes a notice of claim for damages that may h.',ve been caused by the Agency in the
performance of services required under this Agreement, the D~partment will immediately forward the claim to tho Agency.
The Agency and the Department will evaluate the claim and report ti~eir findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at tdal.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department wilt review all plans and specifications and will issue to the Agency written approval
with any approvedportions of the project and comments or recommendations covering any remainder of the project
deemed appropriate. Alter resolution of these comments and recommendations to the Department's satisfaction, the
Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, pdor to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency,
and that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the p~ural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any Federal agency, a Member
of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
O~C - 02J~1
Page 10 of 12
If any funds other than Federally appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State System, constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (will) (will not) maintain
the improvements made for their useful life.
13.15 Ve~.dors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
shculd bc aware of the following time frames. Upon recclpt, the Department has five 5 working days to inspect and
approve tile goods and services unless the bid specifications, pumhase order or cont_ract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected,
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), Flodda Statutes, will be due and payable,
in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the
Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will
result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individua
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline,
1-800-848-3792.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY~~,...a~~(,-.~ ~ ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRle:'Distri~One SecretaW~ ~
A~est:"~&~' ~~ ~ Affest: '~ ~ ~~~
"Title~ O;~k '~. ~", T;~ ~ Title: Exe~utive~ecretaw ' '
As to form:
D~st~i~ ~,tto ;ne~,
See attached Encumbrance Form for date of funding approval by Comptroller.
16B 9
FIN NO. 4043601 38 & 58 01
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EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and
COLLIER COUNTY
Dated
PROJECT LOCATION:
THREE (3) LOCATIONS:
1. CAROLINA AVENUE, 2. ESTEY AVENUE, 3. SHADOWLAWN DRIVE
The project O is (~) is not on the National HighWay System.
The project O is ~) is not on the State Highway System.
PROJECT DESCRIPTION:
PROJECT CONSISTS OF DESIGN, CONSTRUCTION AND INSPECTION FOR PROVIDING FOUR (4) FOOT SHOULDERS
ON EACH SIDE OF THE ROADWAY FOR ESTEY AVENUE (STEEVES AVENUE TO JEFFEREY PLACE),
SHADOWLAWN DRIVE (ESTEY AVENUE TO US 41) AND CAROLINA AVENUE (BROWARD STREET TO MCCARTY
STREET).
SPECIAL CONSIDERATION BY AGENCY:
SPECIAL CONSIDERATION BY DEPARTMENT:
16B 9
FIN NO. 404360! 3g & Sg 0!
13-
EXHIBIT A
Project Scope
The project consists of the design, construction and inspection for providing four (4) foot
shoulders at the locations listed below. All of the work will be done within existing road
rights-of-way.
1) On both sides of Estey Avenue (from Steeves Avenue to Jefferey Place), an
approximate length of 4,200 feet. Refer to Map 1 for details.
2) On both sides of Shadowhtwn Drive (from Estey Avenue to US 41 East), an
approximate length of 4,200 feet. Refer to Map 1 for details.
3) On the east side of Carolina Avenue (from Broward Street to McCarty Avenue), an
approximate length of 4,500 feet. Refer to Map 2 for details.
The design survey will be performed by consultants that comply with the requirements of
this agreement. Design of all improvements to be provided by the in-house
Transportation Operations Design Team. Construction of the improvements will be done
through qualified contractors.
The project duration has been set per the following milestone schedule:
Survey 2 months
Design 2 months
Bid and award 3 months
Construction 3 months
Total project: 10 months
1
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168
525-010-4O
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Page 12of 12
AGENCY NAME & BILLING ADDRESS
Collier County Transportation Services
2705 S. Horseshoe Drive
Naples, Florida 34104
LOCAL AGENCY PROGRAM
AGREEMENT
EXHIBIT "B"
SCHEDULE OF FUNDING
FIN. NO.
40436013801/40436015801
PROJECT DESCRIPTION
Name COLLIER COUNTY WIDE PAVED SHOULDERS
Termini
Length 12,900 FEET
FUNDING
(1 ) (21 (3)
TOTAL AGENCY STATE &
TYPE OF WORK PROJECT FUNDS FUNDS FEDERAL FUNDS
P.E. a. Agency Work $27,009.00
b Other Survey $45,43600
c. Department Services
d. Total PE Cost (a+b+c) $72,445.00
Right-of-Way e. Agency Work
f. Other
g, Department Services
h. Total PE Cost (e+f+g)
Construction i. Contract $569,03500
j. Other
k. Other
I. Other i
m Total Contract Costs (i+j+k+l) $569,035.00
Construction Engineering
n. Agency
o. Other
p. Department Forces
q. Total Construction Engineering (n+o+p)
r Total Construction Cost (re+q) $569,035 00
s. ESTIMATED TOTAL COST OF THE $641,480.00
PROJECT (d+h+r) ,