Item C14I # OKI #
A
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Meeting Date: June 10, 2015 Division: Public Works/Engineering
Bulk Item: Yes X No Department: Engineering Services
AGENDA ITEM WORDING: Approval of Local Agency Program (LAP) Agreement with Florida
Department of Transportation (FDOT) to provide funding for Engineering Design and Permitting
Services for the Garrison Bight Bridge Repair Project.
ITEM BACKGROUND: Garrison Bight Bridge (County Bridge #904025) is in need of repairs.
FDOT has agreed to fund the engineering design and permitting through a LAP Agreement. Funds
have been programmed in the FDOT work plan in the fiscal year beginning July 1, 2015.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
1011 W W DI "i Dli�:� � F-. Pi rd 09 rd 11 L
COST TO COUNTY:- $0_ SOURCE OF FUNDS: FDOT grant
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
Risk Management APPROVED BY: County At., OMB/Purchasino-W)
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITE11 4
CONTRACT SUMMARY
Contract with: FDOT
Contract #
Effective Date:
Expiration Date: March 31, 2017
Contract Purpose/Description:
Engineering Design & Permitting Services for Garrison Bight Bridge
Contract Manager: Judy Clarke
4329 Engineering/I
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 6/10/15
Agenda Deadline: 5/26/15
Total Dollar Value of Contract: $ 260,000
Budgeted? Yes o No D Account Codes:
Grant: $ 260,000
County Match: $
Current Year Portion: $ 0
ADDITIONAL COSTS
Estimated Ongoing Costs: $-----_jyr For:
(Not included in dollar value above) (eg. maintenance, utilities,
lmff��
cliall C ges Date Out
Date In Nee dbo �10 Vi
Division Director 6-22- �0)5 Yes D NoM --.e
is Management �Y:5 YesEj No - V, ��y
O.M.B./Purchasing YesE] NoZ (ai .�.o 5 r�J
County Attorney i7) 11 ` Yes L] No
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010110
TIONS AND
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICAESTIMATES
OGC- 12114
Page I
FPN: 431918-1
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No-
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp.-
Federal No:
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code:
FLAIR Obj:
County No:
Contract No:
Vendor No: 596000740114
Data Universal Number System (DUNS) No: 80-939-7102
Local Agency DUNS No: 073876757
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
, _ by and between the STATE
agency of the State of Florida, hereinafter called the
W I T N E S S E T H:
ITIT"Me I'll - - is greerrienT ano to un ffe—p—roject nereinarcer aescr"Je
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction includ ir
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Flori,
Statutes, to enter into this Agreement; I
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
41 A I N 12 rt M i 159TAT I MI
XI-IJ J a t US Alulul LIUSCIIIJU0 Irl r_XnTUfr--K--WVaM1Uu rieretu arlu Dy DIRS FUMPRICE
made a part hereof, hereinafter called the "Project," and to provide Department financial assistance to the Agency and
state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in
which the Project will be undertaken and completed.
CIM-115 PUP 11111!! IIP•E11r*0r_1r_vW1A a- -41
2.01 General Requirements: The Agency shall 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. Time is of the essence as to each and every obligation under this
Agreement.
11 il�i 111��pi I
alffi 41� ?111111 111!111� I!
Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a
quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than
quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the
Department results in FHWA removing any unbilled funding or in 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 Agency 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 Agency 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 Agency for future LAP Projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0I0A0
LOCAL AGENCY OENT SPECIFICATIONS AND
PRGRAM AGREEMESTIMATES
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Page 2
If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the
Agency, and the Project is off the state highway system, then the department will have to request repayment for the
fr
previously billed amounts from the Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before March 31, 2017. If the Agency
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 Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
.9 Vol
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
AND
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONSESTIMATES
OGC— 12114
Page 3
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
-M-racts #,f-$2-aJ6PF
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 Agreement until the Agency has received a written Notice -
to -Proceed (NTP) from the Department. The Agency 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 Agency is not able to meet the scheduled
advertisement, the District LAP Administrator should be notified as soon as possible.
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 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 the FHWA to the Department to proceed with the Project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
ttva t goul fff4;4_-_W tit
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.
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
execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and
agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised,
a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease
shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the
Department's Comptroller.
41111;?=6 -
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project
records, together with supporting documents and records of the Agency and all 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 5-year period, the records shall be
retained until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except
costs agreed to be borne by the Agency 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
gible 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 detai) the nature and propriety of the charges.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
TIONS
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICAESTIMATES AND
OGG- 12114
Page 5
beginning before December 26, 2014, and in accordance with 2 CIFIR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014, 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 Agency's
resources obtained from other than Federal entities).
4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
hLtps.//hantester.census..qov/faclivebi the audit reporting package as required by OMB Circular A-133,
for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F —
Audit Requirements, for fiscal years beginning on or after December 26, 2014, 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 OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However,
the Department requires a copy of the audit reporting package also be submitted to
FDOTSirgleAqd[tCcDdot-s(ate-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 OMB Circular A-133, for fiscal
years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014.
5. Upon receipt, and within six months, the Department will review the Agency'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 Agency fails to have an audit conducted in
accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in
accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after
December 26, 2014, 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.
i. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee,
the CFO or State of Florida Auditor General access to the Agency'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.
Office of Comptroller, IVIS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
.FDOTSinQleAudit@dot.state.fI us
c. The Agency 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 Agency 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.
ma- 61W W11 91111 WIN 11.
r. 10 gs I is 4 1 r-A OL6,191 LIM V4%01 JLp pw� IN Le lr� LftW_*J I I a I *MM Sir. 1 Is I Is peRILOA 4 a pa 112 r� Is I*] Is [-!a; I a p 1p r-lyr-] 1#] 01 a a r_J a I We] M I a r-A &I Ke
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(l)
(c), Florida Statutes) unless the records are exempt.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
TIONS AND
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICAESTIMATES
OGC— 12114
Page 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PSPECIFICATIONS AND
ROGRAM AGREEMENT ESTIMATES
OGC— 12/14
Page 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
TIONS
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICAESTIMATES AND
OGC— 12/14
Page 10
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
TIONS
LOCAL AGENCY PROGRAM AGREEMENT SPECIFICAESTIMATES AND
OGC— 12/14
Page 11
7UrY='UL-U Uj Lllt� -G5r -Uj to the Department of all funds awarded under the terms of this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
SPECIFICATIONS AND
OCAL AGENCY PROGRAM AGREEMENT ESTIMATES
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Page 12
13.16 E- VERIFY
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 Agency 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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
SPECIFICATIONS AND
LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES
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Page 13
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY Monroe County STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIOK
By: By:
Name: Danny Kolhage
Title: Mayor
Attest: Attest:
Title:
MONROE COUNTYATTORNEY
Legal Review: APPRO
''FIRISTINE M. LIMBERT-BAR
AS S i'.. i . i U RNEY
Date _51
IN
MM
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
SPECIFICATIONS AND ESTIMATES
1/15
rMEW,
CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal -Aid Highway Program, Federal Lands Highway Program
CFDA Program Site: https--/Iwjvw.cfda.gov
Award Amount: $260000.00
Awarding Agency: Florida Department of Transportation
Award is for R&D: No
Indirect Cost Rate: N/A
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OFT
FOLLOWING:
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards
nLtP_//WWI,'V.aCfr.qovi
OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations
nttp:LY,2y+LY.wqiten-o-use.-gov/sites/default/files/omb/assets/-a,133/a,133 revised 2007.�f
OMB Circular A-1 33 Compliance Supplement 2014
nttp±/Ltv!,vlk._'.A_thitehouse-_qov/omb/circulars/al33 compliance supplement 2014
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments
http://wwN.whitehouse.,qov/omb/circulars a087 2004/
OMB Circular A-1 02, Grants and Cooperative Agreements with State and Local Governments
ht-Lp./I,vv,iv,jv.,ovliirehouse.qoviomo/circulars a102/
Title 23 — Highways, United States Code
ttjpLJ1 u scode. house.Agv/bro�wseLp re 1i m title2 3&ed ific r. = prel irn
Title 49 — Transportation, United States Code
http://uscode house,.gov/browse/prelim title49&edition=prelim
Map-21 — Moving Ahead for Progress in the 21st Century, Public Law 112-141
rt,pLhq)Lvw gpo_qoviLdsjsI.AVV-'1 12publ 141/pIdflPLAW-1 I 2pubil 41.pd
Federal Highway Administration — Florida Division
ii(Lo./i�,vw),v.fhwe.dot. ,qov/fidiv
Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS)
h tt'cs. ibw ivw. fsrs- a ov/
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
SPECIFICATIONS AND ESTIMATES
LOCAL AGENCY PROGRAM AGREEMENT 01/15
Page 1
F*Q1#HAZ%
0 0 .
The project — is X— is not on the National Highway System.
The project _ is X_ is not on the State Highway System.
PROJECT DESCRIPTION:
! 1 11111 11 � 11111111
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) Study to be completed by
b) Design to be completed by December, 2016.
c) Right -of -Way requirements identified and provided to the Department by October, 2016
d) Right -of -Way to be certified by December, 2016.
e) Construction contract to be let by March 2017.
D Construction to be completed by November, 2017.
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.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-0
)m
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION S1 i
4XIMMA&M
AGENCY NAME & BILLING ADDRESS FPN: 431918-1
Monroe County BOCC
Engineering Department
1100 Simonton Street, Key West, FL 33040
Faq.*I- •
Name: Garrison Bight Bridge
TYPE OF WORK By Fiscal Year
FUNDING
TOTAL
PROJECT FUNDS
(2)
AGENCY
FUNDS
(3)
STATE &
FEDERAL FUNDS
Planning FY:
FY:
FY:
Total Planning Cost
Project Development & Environment (PD&E)
FY:
FY:
FY:
Total PD&E Cost
Design FY: 2016
FY:
FY:
Total Design Cost
$260.000
$260.000
$260,000
$260,000
Right -of -Way FY:
FY:
FY:
Total Right -of -Way Cost
Construction FY:
FY:
FY:
FY:
Total Construction Cost
Construction Engineering and Inspection (CEI)
FY:
FY:
FY: 2017
Total CEI Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT
$260,000
$260,000
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July
each fiscal year. The Department will notify the Agency, in writing, when funds are available. I