Item C25BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 05/20/2015 Division: Engineering/Public Wo€Rks
Bulk Item: Yes X No Department: Engineering Services De artment
Staff Contact Person/Phone #: Judv Clarke X 4329
AGENDA ITEM WORDING: Approval by resolution of Small County Outreach Program (SCOP)
Agreement with Florida Department of Transportation (FDOT) to provide $3,325,208 funding -For
Construction and Construction Engineering and Inspection (CEI) phases of the repair to Card Sound
Bridge (#904990).
ITEM BACKGROUND: Card Sound Bridge (bridge #904990) is in need of repairs. FDOT funded
the engineering design and permitting through a LAP agreement previously approved by the BOCC.
Design plans have been completed and construction is projected to start no later than October 2015.
FDOT has agreed to partially fund the construction and construction engineering and inspection (CEI)
phases of the project through a Small County Outreach Program Agreement.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved LAP Agreement with FDOT at the
March 2012 meeting. BOCC approved advertising Request for Qualifications (RFQ) for Engineering
Design and Permitting Services at the October 2012 meeting. BOCC approved negotiations with
Kisinger Campo & Assoc., the highest ranked respondent to the RFQ, at the March 2013 meeting.
BOCC approved contract with Kisinger Campo & Assoc. at the May 2013 meeting.
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval as requested above.
TOTAL COST: $5 237 000 INDIRECT COST
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $1,911,792
REVENUE PRODUCING: Yes
APPROVED BY: County Att �
DOCUMENTATION:
Included
n/a BUDGETED: Yes X No
SOURCE OF FUNDS: FDOT grant and
No X AMOUNT PER MONTH Year _
OMB/Purchasing _ Risk Management'
Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FDOT Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Construction and CEI Services for Card Sound
Contract Manager: Judy Clarke 4329 Engineering/#1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 5/20/2015 Agenda Deadline: 5/5/2015
CONTRACT COSTS
Total Dollar Value of Contract: $ 5,237,000
Budgeted? Yes X No Account Codes
Grant: $ 3,325,208
County Match: $ 1,911,792
Current Year Portion: $ -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eo, maintenance utilities, janitorial
CONTRACT REVIEW
etc.
Changes Date Out
Date In Neet
Revie
Division Director S M� �� Yes[]o am /S
Risk Management -- Yes❑ No
O.M.B./Purchasing Y Yes[-] No q30
�
County AttorneyIs Yes[:] No , [�
P Comments:
OMB Form Revised 2/27/01 MCP 42
RESOLUTION NO. -2015 EXHIBIT E
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING SMALL COUNTY
OUTREACH PROGRAM AGREEMENT
BETWEEN STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION AND MONROE
COUNTY FOR FUNDING TO CONSTRUCT
IMPROVEMENTS TO CARD SOUND BRIDGE
#904990 THAT SPANS THE INTERCOASTAL
WATERWAY IN NORTH KEY LARGO.
WHEREAS, the COUNTY has jurisdiction over and maintains Card Sound
Bridge 4904990 in the County; and
WHEREAS, the DEPARTMENT has agreed to have the COUNTY design and
construct the improvements to Card Sound Bridge 4904990, hereinafter referred to as the
`PROJECT', the individual elements of which are outlined in the attached Exhibit "A",
`Scope of Services', which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT
under Financial Project Number 431917-2, and has agreed to reimburse the COUNTY for
eligible PROJECT costs up to a maximum limiting amount, as outlined in the attached
Exhibit "B", `Method of Compensation', which is herein incorporated by reference; and
WHEREAS, the COUNTY has agreed to supervise and inspect all aspects of
PROJECT construction and administration; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to
Section 339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County, Florida, that:
SECTION 1: The Small County Outreach Program Agreement between the State
of Florida, Department of Transportation and Monroe County is hereby approved.
SECTION 2: Upon execution, this Resolution shall be marked as Exhibit "E" and
made a part of the Small County Outreach Program Agreement.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board on the 201h day of May, A.D., 2015.
Mayor Danny L. Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia J. Murphy
(SEAL)
Attest: AMY HEAVILIN, Clerk
0
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
an
Mayor/Chairperson
MONROE COUNTY .ATTORNEY
APPR')x D ASS ` l' FORM:
G,I �RIS T IN; LI�t1SERT > {I,ti. f�J.:r
ASSISTA, ;';� �,' ATTORNEY
Date4n
Florida Statutes: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
334.044(7) SMALL COUNTY OUTREACH PROGRAM
AGREEMENT
Financial Project No:431917-2
Contract No.
Vendor No.: 596000749114
850-035-01
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CSFA No. and Title: 55.009 Small County Outreach Program (SCOP) and
Rural Areas of Opportunity (RAO)
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
SMALL COUNTY OUTREACH PROGRAM AGREEMENT
This Small County Outreach Program Agreement ("Agreement") is entered into this day of
, between the State of Florida, Department of Transportation ("Department") and Monroe
Coun , ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as
a "Party" and collectively as the "Parties."
RECITALS
A. The Department is authorized under Section 334.044 (7), Florida Statutes, and Section
339.2818, Florida Statutes to enter into this Agreement.
B. The Small County Outreach Program ("SCOP") has been created within the Department
pursuant to Section 339.2818, Florida Statutes, to provide funds to counties to assist
small counties in resurfacing or reconstructing county roads or in constructing capacity or
safety improvements to county roads and also to municipalities within rural areas of
critical concern (rural areas of opportunity ("RAO")) with projects, excluding capacity
improvement projects.
C. The Department has determined that the transportation project described in Exhibit "A"
attached and incorporated in this Agreement ("Project"), is necessary to facilitate the
economic development and growth of the State and the Department is authorized by
Section 339.2821, Florida Statutes, to approve an expenditure to the Recipient for the
direct costs of the Project.
D. Exhibits A, B, C, and D are attached hereto and incorporated by reference into this
agreement.
E. The Recipient is authorized to enter into this Agreement by the resolution attached and
made part of this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits contained in this Agreement,
the parties agree as follows:
Florida Statutes: 850-035-01
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1. The recitals set forth above are incorporated by this reference in this Agreement.
2. The Recipient shall furnish all services as required in Exhibit "A" for completion of the
Project.
The term of this Agreement shall begin upon the date of signature of the last party to sign
this Agreement ("Effective Date") and continue through March 31, 2017. Execution of
this Agreement by both parties shall be deemed a Notice to Proceed to the Recipient for
work to begin on the Project. Any work performed prior to the execution of this
Agreement is not subject to reimbursement. The estimated project production schedule is
as follows:
a. Design plans contract to begin on or before Maw, and design plans to be completed
by Jules.
b. Actual Construction shall begin no later than October 1, 2015, and be completed
by November 30, 2016.
4. The Department will participate in a maximum of 75% of the actual total project costs up
to $3,325,208 (the maximum Department participation as set forth in Method of
Compensation in Exhibit B). The Parties agree that the Department's participation may
be increased or reduced upon a determination of the actual bid amounts of the project by
the execution of a supplemental agreement. Travel costs will not be reimbursed.
a. The Department agrees to compensate the Recipient for services described in
Exhibit "A", and as set forth in the Method of Compensation in Exhibit "B".
b. Unless otherwise permitted, payment will begin in the year the Project or Project
phase is scheduled in the adopted work program as of the Effective Date of this
Agreement. Payment will be made for actual costs incurred as of the date the
invoice is submitted with the final payment due upon receipt of a final invoice.
c. The Recipient shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of
service to be performed and the criteria for evaluating successful completion. The
Project, identified as Financial Project Number 431917-2, and the quantifiable,
measurable, and verifiable units of deliverables are described more fully in
Exhibit "A". Any changes to the deliverables shall require written approval in
advance by the Department.
d. Invoices shall be submitted at least quarterly by the Recipient in detail sufficient
for a proper pre -audit and post -audit, based on the quantifiable, measurable and
verifiable deliverables as established in Exhibit "A". Deliverables must be
received and accepted in writing by the Department's Project Manager prior to
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reimbursements. The final invoice shall be accompanied by a Notice of
Completion, Exhibit "D."
e. Supporting documentation must establish that the deliverables were received and
accepted in writing by the Recipient and must also establish that the required
minimum level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A" has been met.
f. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Chief Financial Officer of the
State of Florida under Chapters 215 and 216, Florida Statutes. If the Department
determines that the performance of the Recipient is unsatisfactory, the
Department shall notify the Recipient of the deficiency to be corrected, which
correction shall be made within a time frame to be specified by the Department.
The Recipient shall, within five days after notice from the Department, provide
the Department with a corrective action plan describing how the Recipient will
address all issues of contract non-performance, unacceptable performance, failure
to meet the minimum performance levels, deliverable deficiencies, or contract
non-compliance. If the corrective action plan is unacceptable to the Department,
the Recipient shall be assessed a non-performance retainage equivalent to 10% of
the total invoice amount. The retainage shall be applied to the invoice for the
then -current billing period. The retainage shall be withheld until the Recipient
resolves the deficiency. If the deficiency is subsequently resolved, the Recipient
may bill the Department for the retained amount during the next billing period. If
the Recipient is unable to resolve the deficiency, the funds retained may be
forfeited at the end of the Agreement's term.
g. The Recipient should be aware of the following time frames. Upon receipt of an
invoice, the Department has twenty (20) days to inspect and approve the goods
and services. The Department has twenty (20) days to deliver a request for
payment (voucher) to the Department of Financial Services. The twenty (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 forty (40) days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Recipient. Interest penalties of less than one dollar ($1.00)
will not be enforced unless the Recipient requests payment. Invoices which have
to be returned to the Recipient because of Recipient preparation errors will result
in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the Department. A Vendor
Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for entities who may be
experiencing problems in obtaining timely payment(s) from a state agency. The
Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the
Division of Consumer Services at (877) 693-5236.
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h. 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 years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request.
Records of costs incurred include the Recipient's general accounting records and
the project records, together with supporting documents and records, of the
Recipient and all subcontractors performing work on the project, and all other
records of the Recipient and subcontractors considered necessary by the
Department for a proper audit costs.
i. Upon request, the Recipient agrees to provide progress reports to the Department
in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its
request, as to the status of the Project and of details thereof. Either party to the
Agreement may request and shall, within a reasonable time thereafter, be granted
a conference with the other party. (insert address below if required)
j. In the event this Agreement is in excess of $25,000.00 and a term for a period of
more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes,
are incorporated as follows:
"The Department, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year.
Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the
Comptroller of the Department that funds are available prior to
entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one (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 $25,000.00
and which have a term for a period of more than one (1) year."
k. The Department's obligation to pay under this Agreement is contingent upon an
annual appropriation by the Florida Legislature.
1. All costs charged to the Project and the grant match of in kind services shall be
supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
Florida Statutes: 850-035-01
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in. Any Project funds made available by the Department pursuant to this Agreement
which are determined by the Department to have been expended by the Recipient
in violation of this Agreement or any other applicable law or regulation shall be
promptly refunded in full to the Department. Acceptance by the Department of
any documentation or certifications, mandatory or otherwise permitted, that the
Recipient files shall not constitute a waiver of the Department's rights as the
funding agency to verify all information at a later date by audit or investigation.
5. The administration of resources awarded through the Department to the Recipient by this
Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the
conduct of additional audits or evaluations of state financial assistance or limit the
authority of any state agency inspector general, the Auditor General, or any other state
official. The Recipient shall comply with all audit and audit reporting requirements as
specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97,
Florida Statutes, monitoring procedures may include, but not be limited to, on -site
visits by Department staff, and/or other procedures. By entering into this
Agreement, the Recipient agrees to comply and cooperate fully with any
monitoring procedures/processes deemed appropriate by the Department. The
Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the state Chief Financial Officer
(CFO) or Auditor General.
b. The Recipient, as a non -state entity as defined by Section 215.97(2)(m), Florida
Statutes, and as a recipient of state financial assistance awarded by the
Department through this Agreement is subject to the following requirements:
i. In the event that the Recipient expends a total amount of state financial
assistance equal to or in excess of the threshold established by Section
215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient
must have a State single or project -specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the
Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (non-profit and for -profit organizations),
Rules of the Auditor General. Exhibit "C" to this Agreement provides the
specific state financial assistance information awarded through the
Department by this Agreement needed by the Recipient to further comply
with the requirements of Section 215.97, Florida Statutes. In determining
the state financial assistance expended in a fiscal year, the Recipient shall
consider all sources of state financial assistance, including state financial
assistance received from the Department, other state agencies, and other
non -state entities. State financial assistance does not include Federal
Florida Statutes: 850-035-01
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direct or pass -through awards and resources received by a non -state entity
for Federal program matching requirements.
ii. In connection with the audit requirements, the Recipient shall ensure that
the audit complies with the requirements of Section 215.97(8), Florida
Statutes. This includes submission of a financial reporting package as
defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550
(local government entities) or 10.650 (non-profit and for -profit
organizations), Rules of the Auditor General.
iii. If the Recipient expends less than the threshold established by Section
215.97, Florida Statutes, in state financial assistance in a fiscal year, an
audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required; however, the Recipient must provide to
the Department a certification of exemption to
FDOTSingleAuditL dot. state. fl.us no later than 9 months after the end of
the Recipient's fiscal year for each applicable audit year. In the event that
the Recipient expends less than the threshold established by Section
215.97, Florida Statutes, in state financial assistance in a fiscal year and
elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from
the Recipient's resources (i.e., the cost of such an audit must be paid from
the Recipient's resources obtained from other than State entities).
iv. Copies of financial reporting packages required by this Agreement shall be
submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
Email: FDOTSingleAuditLdot. state.fl.us
and
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email flaud!en localgovtLaud. state. fl.us
v. Any copies of financial reporting packages, reports, or other information
required to be submitted to the Department shall be submitted timely in
accordance with Section 215.97, Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (non-profit and for -profit
Florida Statutes:
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organizations), Rules of the Auditor General, as applicable.
vi. The Recipient, when submitting financial reporting packages to the
Department for audits done in accordance with Chapters 10.550 (local
governmental entities) or 10.650 (non-profit and for -profit organizations),
Rules of the Auditor General, should indicate the date the reporting
package was delivered to the Recipient in correspondence accompanying
the reporting package.
vii. Upon receipt, and within 6 months, the Department shall review the
Recipient's financial reporting package, including the management letters
and corrective action plans, to the extent necessary to determine whether
timely and appropriate corrective action has been taken with respect to
audit findings and recommendations pertaining to the state financial
assistance provided through the Department by this Agreement. If the
Recipient fails to have an audit conducted consistent with Section 215.97,
Florida Statutes, the Department may take appropriate corrective action to
enforce compliance, in accordance with Section 215.97(8)(1), Florida
Statutes.
viii. As a condition of receiving state financial assistance, the Recipient shall
allow the Department, or its designee, the CFO or Auditor General access
to the Recipient's records, including project records, and the independent
auditor's working papers as necessary. Records related to unresolved audit
findings, appeals, or litigation shall be retained until the action is complete
or the dispute is resolved.
c. The Recipient shall retain sufficient records demonstrating its compliance with
the terms of this Agreement for a period of five years from the date the audit
report is issued, and shall allow the Department, or its designee, the CFO or
Auditor General access to such records upon request. The Recipient shall ensure
that the audit working papers are made available to the Department, or its
designee, the CFO, or 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.
6. The Recipient shall permit, and shall require its contractors and subcontractors to permit,
the Department's authorized representatives to inspect all work, materials, payrolls, and
records, and to audit the books, records, and accounts pertaining to the financing and
development of the Project.
7. The Recipient must certify that the consultant has been selected in accordance with the
Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor
must be prequalified by the Department pursuant to Section 337.14, Florida Statutes, and
Florida Statutes:
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Rule Chapter 14-22, Florida Administrative Code for projects meeting the thresholds
therein.
8. In the event the Recipient proceeds with the design, construction and construction
engineering inspection services ("CEP') of the Project with its own forces, the Recipient
will only be reimbursed for direct costs (this excludes general and administrative
overhead). The Recipient shall hire a Department qualified CEL The Department shall
have the right, but not the obligation, to perform independent testing from time to time
during the course of construction of the Project. .
9. Upon completion of the work in accord with the Plans, the Recipient shall furnish a set
of "as -built" plans certified by the Engineer of Record/CEI that the necessary
improvements have been completed in accordance with the Plans as the same may be
modified in accord with the terms of this Agreement. Additionally, the Recipient shall
assure that all post construction survey monumentation required by Fla. Stat. is
completed and evidence of such is provided to the Department in a manner acceptable to
the Department.
10. The Recipient shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Recipient in conjunction with this Agreement. Specifically, if the Recipient is acting on
behalf of a public agency the Recipient shall:
a. Keep and maintain public records that ordinarily and necessarily would be
required by the Department in order to perform the services being performed by
the Recipient.
b. Provide the public with access to public records on the same terms and conditions
that the Department would provide the records and at a cost that does not exceed
the cost provided in chapter 119, Florida Statutes, or as otherwise provided by
law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
Department all public records in possession of the Recipient upon termination of
the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the Department in a format that is
compatible with the information technology systems of the Department.
Failure by the Recipient to grant such public access shall be grounds for immediate
unilateral cancellation of this Agreement by the Department. The Recipient shall
promptly provide the Department with a copy of any request to inspect or copy public
Florida Statutes:
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records in possession of the Recipient and shall promptly provide the Department a copy
of the Recipient's response to each such request.
11. The Recipient shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, or national origin in the performance of work under
this Agreement.
12. The work performed pursuant to this Agreement may require authorization under the
Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water
Discharges from construction sites. The Recipient is responsible for obtaining the
National Pollutant Discharge Elimination System Permit and all other necessary permits
for construction of the Project. When applicable, such permits will be processed in the
name of the Department; however, in such event, the Recipient will comply with all
terms and conditions of such permit in construction of the subject facilities.
13. The Recipient affirms that it is aware of the provisions of Section 287.133(2)(a), Florida
Statutes. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform
work as a contractor; supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
for a period of thirty six (36) months from the date of being placed on the convicted
vendor list. The Recipient agrees that it shall not violate Section 287.133(2)(a), Florida
Statutes, and further acknowledges and agrees that any conviction during the term of this
Agreement may result in the termination of this Agreement.
14. The Department shall consider the employment by any contractor of unauthorized aliens
a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement.
15. The Recipient will not discriminate against any employee employed in the performance
of this Agreement, or against any applicant for employment because of age, ethnicity,
race, religious belief, disability, national origin, or sex. The Recipient shall provide a
harassment -free workplace, with any allegation of harassment given priority attention and
action by management. The Recipient shall insert similar provisions in all contracts and
subcontracts for services by this Agreement. The Recipient affirms that it is aware of the
provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been
placed on the discriminatory vendor list 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
Florida Statutes:
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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 Recipient. The Recipient further
agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges
and agrees that placement on the list during the term of this Agreement may result in the
termination of this Agreement.
16. It is specifically agreed between the parties executing this Agreement that it is not
intended by any of the provisions of any part of the Agreement to create in the public or
any member thereof, a third party beneficiary under this Agreement, or to authorize
anyone not a party to this Agreement to maintain a suit for personal injuries or property
damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties
the payment of all just claims for materials, supplies, tools, or labor and other just claims
against the Recipient or any subcontractor, in connection with this Agreement.
Additionally, the Recipient agrees to include the following indemnification in all
contracts with contractors/subcontractors, or consultants/sub consultants who perform
work in connection with this Agreement.
"To the fullest extent permitted by law the Recipient's contractor shall indemnify and
hold harmless the Recipient, the State of Florida, Department of Transportation, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness
or intentional wrongful misconduct of contractor and persons employed or utilized by
contractor in the performance of this Contract.
This indemnification shall survive the termination of this Agreement. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and
the Recipient's sovereign immunity.
To the fullest extent permitted by law, the Recipient's consultant shall indemnify and
hold harmless the Recipient, the State of Florida, Department of Transportation, and its
officers and employees from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney fees to the extent caused, in whole or in part, by the
professional negligence, error or omission, recklessness, or intentional wrongful conduct
of the consultant or persons employed or utilized by the consultant in the performance of
the Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and
the Recipient's sovereign immunity."
17. The Recipient shall carry and keep in force, during the term of this Agreement, a general
liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury
limits of at least $200,000 per person and $300,000 each occurrence, and property
Florida Statutes:
334.044(7)
850-035-01
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damage insurance of at least $200,000 each occurrence, for the services to be rendered in
accordance with this Agreement. The Recipient shall also carry and keep in force
Workers' Compensation Insurance as required by the State of Florida under the Workers'
Compensation Law. With respect to any general liability insurance policy required
pursuant to this Agreement, all such policies shall be issued by companies licensed to do
business in the State of Florida. The Recipient shall provide to the Department
certificates showing the required coverage to be in effect with endorsements showing the
Department to be an additional insured prior to commencing any work under this
Agreement. Policies that include Self Insured Retention will not be accepted. The
certificates and policies shall provide that in the event of any material change in or
cancellation of the policies reflecting the required coverage, thirty days advance notice
shall be given to the Department or as provided in accordance with Florida law.
18. No funds received pursuant to this Agreement may be expended for the purpose of
lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance
with Section 216.347, Florida Statutes.
19. The Recipient and the Department agree that the Recipient, its employees and its
subcontractors are not agents of the Department as a result of this Agreement.
20. This Agreement may be canceled by the Department in whole or in part at any time the
interest of the Department requires such termination. The Department also reserves the
right to seek termination or cancellation of the Agreement in the event the Recipient shall
be placed in either voluntary or involuntary bankruptcy. The Department further reserves
the right to terminate or cancel this Agreement in the event an assignment is made for the
benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60)
days written notice to the Department. If the Agreement is terminated before
performance is completed, the Recipient shall be paid only for that work satisfactorily
performed for which costs can be substantiated.
21. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or
obligations under this Agreement without the prior written consent of the Department,
which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer
occurring without the required written approval will be null and void. The Department
will at all times be entitled to assign or transfer its rights, duties, or obligations under this
Agreement to another governmental agency in the State of Florida, upon giving prior
written notice to the Recipient. In the event that the Department approves transfer of the
Recipient's obligations, the Recipient remains responsible for all work performed and all
expenses incurred in connection with this Agreement.
22. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be
in writing, and shall be transmitted either by personal hand delivery; United States Post
Office, return receipt requested; overnight express mail delivery, email, or facsimile. The
addresses and the contact persons set forth below for the respective parties shall be the
Florida Statutes:
334.044(7)
850-035-01
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places where notices shall be sent, unless prior written notice of change of address is
given.
TO DEPARTMENT: TO RECIPIENT:
Florida Department of Transportation Judy Clarke
Aiah Yassin Monroe County Engineering Department
1000 NW l l lth Ave, Room 6112 A 1100 Simonton Street
Miami, FL, 33172 Key West, FL 33040
Attention: Project Manager
Copy: District Chief Counsel
23. All words used herein in the singular form shall extend to and include the plural. 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.
24. This Agreement shall not be renewed. Any extension shall be in writing and executed by
both parties and shall be subject to the same terms and conditions set forth in this
agreement.
25. This Agreement shall not be construed to grant any third party rights.
26. In no event shall the making by the Department of any payment to the Recipient
constitutes or be construed as a waiver by the Department of any breach of covenant or
any default which may then exist on the part of the Recipient, and the making of such
payment by the Department while any such breach or default shall exist shall in no way
impair or prejudice any right or remedy available to the Department with respect to such
breach or default.
27. This Agreement embodies the entire agreement of the parties. There are no provisions,
terms, conditions, or obligations other than those contained in this Agreement. This
Agreement supersedes all previous communication, representation, or agreement, either
verbal or written, between the parties. No amendment will be effective unless reduced to
writing and signed by an authorized officer of the Recipient and the authorized officer of
the Department or his/her delegate.
28. If any part of this Agreement shall be determined to be invalid or unenforceable by a
court of competent jurisdiction, or by any other legally constituted body having the
jurisdiction to make such determination, the remainder of this Agreement thus remains in
full force and effect provided that the part of this Agreement thus invalidated or declared
unenforceable is not material to the intended operation of this Agreement.
29. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue for any action arising out of this Agreement shall be in Leon
County, Florida.
Florida Statutes: 850-035-01
334.044(7) PAVEMENT MANAGEMENT
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Page 13 of 18
30. Time is of the essence as to each and every obligation under this Agreement.
31. The Department and the Recipient acknowledge and agree to the following:
The Recipient 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 Recipient during the term of the contract; and
ii. The Recipient shall expressly require any contractors and subcontractors
performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by
the contractor/subcontractor during the contract term.
32. This Agreement may be executed in duplicate originals.
The remainder of this page intentionally left blank.
Florida Statutes:
334.044(7)
850-035-01
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Page 14 of 18
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below.
Monroe County
(Name of RECIPIENT)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: BY:
Title: Title: District Director Transportation
County Mayor Development
Attest:
Print Name
Date:
Attest: Legal Review:
Title:
See attached encumbrance form for date of funding
Print Name approval by Comptroller
Recipient's Legal Review M O N R O E COUNTY ATTORNEY
,4PPROV,11, D AS TO FORM:
Print Name
ATTORNEY
Date
Florida Statutes:
334.044(7)
EXHIBIT "A"
SCOPE OF SERVICES AND
DELIVERABLES
850-035-01
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Page 15 of 18
Card Sound Bridge, #904990 is a 2,777-foot long structure on Card Sound Road that spans the
Intercoastal Waterway in North Key Largo in Monroe County. It was constructed in 1969 and is part of
one of the two evacuation routes out of the Florida Keys. Card Sound Road also provides access to the
North Key Largo community of Ocean Reef. The February, 2014 inspection report indicates that the
sufficiency rating is 56.6.
The project will consist of repairing concrete spalling, cracking and delaminating on the bridge deck,
railings, columns and bents, installing pile jackets and cathodic protection, painting structural steel,
repairing expansion joints, repairing the fender system and other related construction as shown on the
Drawings and included in the Technical Specifications.
In addition to the construction, the project will also include construction engineering and inspection
(CEO services during construction.
Florida Statutes:
334.044(7)
EXHIBIT "B"
METHOD OF COMPENSATION
FINANCIAL PROJECT NO.431917-2
850-035-01
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Page 16 of 18
This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement
between the State of Florida, Department of Transportation and
Monroe County
referenced by the above Financial Project Number.
Schedule of Funding:
FY 2016
FY
FY
TOTAL
I. TOTAL PROJECT COST:
$
$
$
$
Design
$
$
$
$
Right of Way
$
$
$
$
Construction
$ 4,877,000
$
$
$
CEI
$ 360,000
$
$
$
II. PARTICIPATION:
Maximum Department Participation
(75%) or
$ 3,325,208
(75%) or
$
(75%) or
$
(75%) or
$
Local Participation
(25%) or
(25%) or
(25%) or
(25%) or
In -Kind
$
$
$
$
Cash
$ 1,911,792
$
$
$
Combination In-Kind/Cash
$
$
$
$
Waiver or Reduction
$
$
$
$
TOTAL PROJECT COST:
$ 5,237,000
$
$
$
Please submit 1 (insert no. of invoices required) copies of invoice(s) to the following address:
1000 NW l l lth Avenue, Room 6112
Miami, Florida 33172
Florida Statutes:
334.044(7)
EXHIBIT "C"
STATE FINANCIAL ASSISTANCE
850-035-01
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Page 17 of 18
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Florida Department of Transportation
State Project Title: Small County Outreach Program (SCOP) and Rural Areas of Opportunity (RAO)
CSFA Number: 55.009
Award Amount: 3,325,208
Specific information for CSFA Number 55.009 is provided at:
https://apes.fldfs.com/fsaa/searchCatalo.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Compliance requirements for CSFA Number 55.009 are provided at:
htlps://Ups.fldfs.com/fsaa/searchCompliance.aspx
Florida Statutes:
334.044(7)
EXHIBIT "D"
NOTICE OF COMPLETION
SMALL COUNTY OUTREACH PROGRAM
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
And
Monroe County RECIPIENT
PROJECT DESCRIPTION: Card Sound Bridge Repair Project
FINANCIAL PROJECT NUMBER: 431917-2
850-035-01
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In accordance with the Terms and Conditions of the SMALL COUNTY OUTREACH
PROGRAM AGREEMENT, the undersigned hereby provides notification that the work
authorized by this Agreement is complete as of , 20
Name:
Title: