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3rd Supplement 05/28/2015 Centennial FDOT 7 �s * 2015 Florida Department of Transportation RICK SCOTT 1000 NW 111th Avenue JIM BOXOLD GOVERNOR Miami, Florida 33172 -5800 SECRETARY • DATE: June 1, 2015 TO: Patricia Smith, Transportation Program er FROM: Kenneth Jeffries, Transportation Planner - RE: Contract AQN53 - Supplemental Joint Participation Agreement Amendment #3 — FM# 2522811407 Trish: Enclosed are two originals of a Joint Participation Agreement (AQN53 Supplemental #3) that have been executed by the Florida Department of Transportation, District Six. Please contact me at 305.470.5445 if you have any questions. Thank you. www.dot.state.fl.us TO: PL630RJWdot.state.fl.us SUBJECT: FUNDS APPROVAL /REVIEWED FOR CONTRACT AQN53 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQN53 Contract Type: AI Method of Procurement: G Vendor Name: MONROE COUNTY Vendor ID: VF596000749054 Beginning date of this Agmt: 06/21/12 Ending date of this Agmt: 06/30/15 Contract Total /Budgetary Ceiling: ct = 796250.00 Description: Monroe County Long Range Transportation Plan ORG -CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS Action: SUPPLEMENTAL Funds have been: REVIEWED* 55 062010630 *A2 *780000 * 262500.00 *25222811407 *215 *20.205 2016 55100100 088854 16 S006 *00 *SA 3 * /04 .*Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation. TOTAL AMOUNT: *$ 262,500.00 * FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 05/26/2015 y • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION OW 1 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page 1c(5 Number 3 Financial Project No.: Fund: ACSL FLAIR Category: Q88854 25222811407 Function: 215 Object Code: 780000 (Item-segment-phase-sequence) Federal No.: Org. Code: 55062010630 Contract No.: AON53 DUNS No.: 80- 939 -7102 Vendor No.: F596000749054 Catalog of Federal Domestic Assistance Number: 20.205 Catalog of State Financial Assistance Number. 55.023 THIS AGREEMENT, made and entered into this _ o day of P0 5 . by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agent of the State of Florida, hereinafter referred to as the Department, and Monroe County 2798 Overseas Hichway. Suite 400. Marathon. FL 33050 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 21 day of June , 2012 , entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $796.250.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Funds are being added to this JPA per Exhibits A, B, and D for planning services. The agreement is extended for a period of one year. Attached Exhibits A, B, and D supersede the previously incorporated exhibits in JPA AON53, dated June 21, 2012. 725 - 030-07 PUBUC TRANSPORTATION 06/11 Page 2 of 5 2.00 Protect Cost: Paragraph 3.00 of said Agreement is ® increased / ❑ decreased by $300.000.00 bringing the revised total cost of the project to $910.000.00 Paragraph 4.00 of said Agreement is ® increased / ❑ decreased by $262.500.00 bringing the Department's revised total cost of the project to $796.250.00 3.00 Amended Exhibits: Exhibit(s) A.B. and D of said Agreement is amended by Attachment "A ", 4.00 Contract Time: Paragraph 18.00 of said Agreement is extended until June 30. 2017. 5.00 E- Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract and 2. shall expressly require any 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. 725-030-07 PUBLIC TRANSPORTATION 06/11 Page 30f5 Financial Project No. 25222811407 Contract No. AQN53 ii � Agreement Date I lI ;II 2o/ Except as hereby modified, amended or changed, all other terms of said Agreement dated and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT Monroe County See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller Davi h L. KU 11/1 (_ �_. • _ -:: SIGNATORY (RIMED OR TYPED) LEGAL - 1 DEPAR OF "1/ • SIGNATU DEP - ENT OF TRANSPORTATION t v of rvt Ovine Cover? tc 1,?e es r o - fufiv► e i TITLE TITLE MONR • E COUN ATTORNEY (I',P' ° OVED /TO F RM 'i t8EAL) � ATTEST: AMY H!ANIUN, CLERK rid-/„ �. e CHRIS AMBROSIO f "' 4 .SSISTANT COUNTY ATTORNEY oEpun►RK. 3-z y l- 1 725-030-07 PUBLIC TRANSPORTATION 0w11 Pew 4of5 Financial Project No. 25222811407 Contract No. AQNS3 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Monroe Countv dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): I. Project Cost: As Approved As Amended Net Change $610,000.00 $910,000.00 $300,000.00 Total Project Cost $610,000.00 $910,000.00 $300,000.00 11. Fund Participation: As Approved As Amended Net Change Department: $533,750.00 $796,250.00 $262,500.00 Agency: $76,250.00 $113,750.00 $37,500.00 Other: Total Project Cost $610,000.00 $910,000.00 $300,000.00 Comments: 725.030 -07 PUBLIC TRANSPORTATION 06111 Pegs 5of5 Ii1 MULTI -YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING If a project is a multi -year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. FM # 2522281 -14-07 CONTRACT # AQN53 Supplemental JPA #3 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Monroe County Growth Management Division, Planning & Environmental Resources. 2798 Overseas Highway, Suite 400. Marathon. Florida. 33050, dated June 21, 2012, referenced by the above Financial Project Number. PROJECT LOCATION: Monroe County, Florida PROJECT DESCRIPTION: Monroe County Transportation Planning Program SCOPE OF SERVICES: TASK 1: TRANSPORTATION PLANNING CONSULTANT ASSISTANCE The purpose of this task is to provide funding assistance for the transportation planning consultant to support the Monroe County Transportation Planning program. This support will provide assistance for general transportation planning and analysis activities. The activities will include short and long range transportation planning, plan updates, planning studies, traffic operational analyses, data collection, technical support, and review of development proposals. The activities may also include bicycle and pedestrian planning and analysis, scenic highway planning, coordination, and designation activities, and other activities necessary to support the transportation planning program of Monroe County. The Monroe County staff will administer the consultant contract, issue task work orders, review consultant products and progress reports, prepare invoices for submission to the Department, and participate in transportation planning, analysis, and data collection activities as necessary. TASK 2: TRANSPORTATION PLANNING STAFF ASSISTANCE The purpose of this task is to provide funding assistance for transportation planning staff positions, in order to support the Monroe County Transportation Planning program. The March 18, 2015 FDOT District 6 Intermodal Systems Development Office FM # 2522281 -14 -07 CONTRACT # AON53 Supplemental JPA #3 titled positions eligible for annual assistance are the Transportation Planning Manager and Growth Management Transportation Planner. The transportation planning program will include short and long range transportation planning, plan updates, planning studies, traffic operational analyses, data collection, technical support, and review of development proposals. The activities may also include bicycle and pedestrian planning and analysis, scenic highway planning, coordination, and designation activities, and other activities necessary to support the transportation planning program of Monroe County. The transportation planning staff responsibilities will include all activities necessary to carry out the Transportation Planning program of the County, such as coordination and meeting with the Department on a quarterly basis, and managing the work activities of the consultant. The transportation planning staff will provide a variety of administrative tasks including, but not limited to the following: administer the consultant contract participate in the consultant selection process; oversee the transportation planning consultant activities; issue task work orders; review consultant work products; review consultant progress reports, and prepare quarterly progress reports for the Department; meet with the Department's project manager quarterly; prepare invoices for submission to the Department (in a Department approved format); and generally manage the transportation planning program of the County. Annual Cost Distribution for each task are as follows: Task 1 Consultant 50,000 Unanticipated Cost for Transportation 50,000 Issues Task 2 Salary and Fringe Benefits: Transportation Planning Manager 100,000 Growth Management Transportation Planner 100,000 Total Annual Cost: 300,000 March 18, 2015 FDOT District 6 Intermodal Systems Development Office FM # 2522281 -14-07 CONTRACT # AON53 Supplemental JPA #3 PROJECT COST The project cost is identified in Exhibit B. The public agency may distribute funds between Tasks 1 & 2 as needed to effectively complete the project. All transportation planning activities will be documented in the quarterly progress reports to the Department. The costs of travel and equipment are to be borne by the public agency as part of the local match. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. March 18, 2015 FDOT District 6 Intermodal Systems Development Office FM # 2522281 -14-07 CONTRACT # AON53 Supplemental JPA #3 EXHIBIT "B" PROJECT COST AND BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the Florida Department of Transportation and the Monroe County , 2798 Overseas Highway, Suite 400, Marathon, Florida, 33050, dated June 21, 2012, referenced by the above Financial Project Number. I. PROJECT BUDGET: Original JPA Amount $150,000.00 Previous Supplement Agreements $460,000.00 Supplemental #3 $300,000.00 TOTAL PROJECT COST: $910,000.00 II. FUND PARTICIPATION: Maximum Federal Participation (87.5 %) $796,250.00 Public Agency Participation In -Kind (12.5 %) $113,750.00 Cash (0 %) $0.00 Other (0 %) $0.00 TOTAL PROJECT COST $910,000.00 March 18, 2015 FDOT District 6 Intermodal Systems Development Office FM # 2522281 -14-07 CONTRACT # AON -53 EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the Florida Department of Transportation and the Monroe County Growth Manage 2798 Overseas Highway, Suite 400. Marathon, Florida, 33050, dated June 21, 2012, referenced by the above Financial Project Number. INVOICING, PROGRESS REPORTS AND MEETINGS In order to obtain payments, the Public Agency shall: 1. Submit quarterly progress reports which are acceptable to the Department describing the work and which adequately justify and support the payment requested; and 2. Meet quarterly with the Department to go over the progress report; and 3. Submit to the Department its quarterly invoice on forms prescribed by the Department, and such other data pertaining to the Project Account and the Project as the Department or the Federal Highway Administration may require to justify and support the payment requested; and 4. Comply with all applicable provisions of this Agreement. Pursuant to Section 4.00 of the Joint Participation Agreement, and Exhibit B, invoices will be reimbursed at a rate of 87.5% of the total cost of all eligible work activities. Pursuant to Section 22.00 of the Joint Participation Agreement, the Department shall have ten (10) working days to inspect and approve the quarterly progress report prior to processing the submitted invoice. FDOT District 6 March 18, 2015 Intermodal Systems Development Office EXHIBIT D PUBLICTRANSPORTA�N 04/06 FEDERAL and /or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount FHWA 20.205, Highway Planning and Construction $796,250.00 Compliance Requirements 1. Federal participation is 87.5 %; Local participation is 12.5 %. 2. In accordance with this JPA # AQN -53 and Supplemental Agreement #1 including Exhibits A, B, C, and D. 3. OBJECTIVES Federal -aid Highway Program: To assist State transportation agencies in the planning and development of an integrated, interconnected transportation system important to interstate commerce and travel by constructing and rehabilitating the National Highway System ( NHS), including the Eisenhower Interstate System; and for transportation improvements to most other public roads; to provide aid for the repair of Federal -aid highways following disasters; to foster safe highway design; to replace or rehabilitate deficient or obsolete bridges; and to provide for other special purposes. This program also provides for the improvement of roads in Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, and the Alaska Highway. The Federal Lands Highway Program (FLHP), as an adjunct to the Federal Aid Highway Program, provides assistance to the Federal Land Management Agencies (FLMAs) for Federally owned roads. It provides transportation engineering services for planning, design, construction, and rehabilitation of the highways and bridges providing access to federally owned lands. The Federal Lands Highway organization also provides training, technology, deployment, engineering services, and products to other customers. USES AND USE RESTRICTIONS Federal -aid highway funds are generally apportioned by statutory formulas to the States. They are generally restricted to roads open to the public and not functionally classified as rural minor collectors or local. Exceptions to this highway functional classification restriction include: planning and research activities; bridge, bicycle and pedestrian, and safety improvements that may be on any public road; transportation enhancement activities; the recreational trails program (see program 20.219); safe routes to school, non - motorized . transportation, the FLHP, and public transportation improvement. The FLHP is not a grant program. For highway projects, funds may be used for environmental studies, engineering and design services, right -of -way acquisition and relocation assistance, and construction for capital improvement projects classified as new construction, reconstruction, restoration, rehabilitation, and resurfacing, or for functional, geometric, or safety reasons. Funds may also be used for planning; research, development, and technology transfer; intelligent transportation systems projects; roadside FM# 2522281 -14-07 FDOT District Six - Intermodal Systems Development Office EXHIBIT D PUBLICTRAIVSPORTO 04/06 beautification; wetland and natural habitat mitigation, traffic management and control improvements; improvements necessary to accommodate other transportation modes, development and establishment of transportation management systems; billboard removal; construction of bicycle facilities and pedestrian walkways; fringe and corridor parking; car pool and van pool projects; transportation enhancements such as scenic and historic highway improvements; and recreational trails. Funds generally cannot be used for routine highway operational activities, such as police patrols, mowing, snow plowing, or maintenance, unless it is preventative maintenance. Also, funds authorized for the NHS, Surface Transportation Program (STP), Congestion Mitigation and Air Quality (CMAQ) Improvement Program, Equity Bonus (BE) program, and some additional programs may be used for mass transportation improvements; CMAQ funds are limited to projects and programs in air quality, non - attainment and maintenance areas for ozone, carbon monoxide, and small particulate matter that reduce transportation related emissions. Eligibility criteria for the programs differ, so program guidance should be consulted. Projects in urban areas of 50,000 or more population must be based on a transportation planning process carried out by a Metropolitan Planning Organization (MPO) in cooperation with the State and transit operators, and the projects must be included in metropolitan transportation plans and improvement programs. Projects in non - metropolitan areas of a State must be consistent with a statewide transportation plan. Projects in both metropolitan and non - metropolitan areas must also be included in a fiscally constrained Statewide Transportation Improvement Program (STIP) developed as part of the required statewide transportation planning process. The FHWA and the Federal Transit Administration (FTA) must approve the STIP jointly. APPLICANT ELIGIBILITY By law, the Federal -aid highway program is a federally assisted State program that requires each State to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State transportation departments (State DOTs). Projects to be funded under the Federal -aid highway program are generally selected by State DOTs or MPOs, in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other Federal aid highway projects, with the territorial transportation agency functioning in a manner similar to a State transportation department. Most FLHP projects are administered by the FHWA Office of Federal Lands Highway and its Divisions or by the various FLMAs. Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal governments and are approved by the Bureau of Indian Affairs (BIA) and the Federal Highway Administration. Due to recent legislation, Tribal governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the Federal Highway Administration jointly select projects. FORMULA AND MATCHING REQUIREMENTS Most Federal -aid highway funds are distributed by statutory formula. Eligibility requirements for most programs are also determined by legislative criteria. Some categories, including part of the bridge and Interstate Maintenance funds, are distributed on a discretionary basis. The normal maximum Federal share is 90 percent for the EIS projects, and 80 percent for most other projects. The Federal share for some programs may be increased in the case of States with large areas of Federal lands. Some projects, including territorial highway projects, FLHP projects, certain safety improvements, and emergency relief projects require no matching of Federal funds. AUDITS In accordance with the provisions of OMB Circular No. A -133 (Revised, June 27, 2003), Audits of States, Local Governments, and Nonprofit Organizations, nonfederal entities that expend financial assistance of $500,000 or more in Federal awards from all sources during their fiscal year must have a single or a program - specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A -133. FM# 2522281 -14-07 FDOT District Six - Intermodal Systems Development Office t . EXHIBIT D PU8UCTRANSPORT 0 AT1ON 04108 Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Titled Amount n/a n/a n/a Compliance Requirements 1. 2. 3. NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. FM# 2522281-14-07 FDOT District Six - Intermodal Systems Development Office