04/19/2018 Agreement ��{ CAtIRtO `11
Jp /39?. ° °° ° -% -d Kevin Madok, CPA
r �
' ' .. Clerk of the Circuit Court & Comptroller — Monroe County, Florida
6 GOV
DATE: May 16, 2018
TO: Breanne Erickson
Engineering Services
FROM: Pamela G. Hanc( 60 .C.
SUBJECT: April 19 BOCC Meeting
Attached are five duplicate originals of the following grant agreement executed on behalf of
Monroe County, that include certified copies of Resolution No. 115 -2018 (Exhibit E), for your
handling.
C7 Florida Department of Transportation Small County Outreach Program Grant Agreement, to fund
both the construction and construction engineering and inspection phases of the Stock Island II Roadway
Improvements Project (Maloney and MacDonald Avenues). The grant provides $1,995,000.00 (75 %)
with a local match requirement of $665,000.00 (25 %). Estimated project amount is $2,660,000.00.
Please be sure to return a fully executed duplicate original to me once the state signs.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File ✓
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 -852 -7145 305- 852 -7145
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
09/17
FPN: 442001 -1 Fund: FLAIR Category:
Org Code: FLAIR Obj:
FPN: Fund: FLAIR Category:
Org Code: FLAIR Obj:
FPN: Fund: FLAIR Category:
Org Code: FLAIR Obj:
County No:Monroe County Contract No: GicXX'? Vendor No: F596000749114
THIS STATE - FUNDED GRANT AGREEMENT ( "Agreement ") is entered into this 2 *'day of Stile.. 20) ,
by and between the State of Florida Department of Transportation, ( "Department "), and Monroe County, ( "Recipient "). The
Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties ".
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the
Parties agree to the following:
1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7),
and (select the applicable statutory authority for the program(s) below):
❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008)
• Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009)
❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016)
❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026)
❑ Insert Legal Authority , Insert Funding Program Name , Insert CSFA Number
The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "E ",
Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement
on its behalf.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
STOCK ISLAND II, as further described in Exhibit "A ", Project Description and Responsibilities, attached to
and incorporated into this Agreement ( "Project "); to provide Department financial assistance to the Recipient;
state the terms and conditions upon which Department funds will be provided; and to set forth the manner in
which the Project will be undertaken and completed.
3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence
upon full execution by both Parties and the Recipient shall complete the Project on or before November 8, 2019. If
the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of
the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the
Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the
Project will be provided by the State under this Agreement for work on the Project that is not timely completed and
invoiced in accordance with the terms of this Agreement. The cost of any work performed prior to full execution of
the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the
consequent potential unavailability of any unexpended portion of State funding to be provided under this
Agreement, the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in
accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing.
Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design
phase or other non - construction phases of the Project. If the Project involves a construction phase, the Recipient
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shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for
the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient
shall request a Notice to Proceed from the Department.
4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual
written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by
the Recipient under any circumstances without the prior written consent of the Department.
5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or
all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable law
or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest
of the Department requires such termination.
a. If the Department terminates the Agreement, the Department shall notify the Recipient of such
termination in writing within thirty (30) days of the Department's determination to terminate the
Agreement, with instructions as to the effective date of termination or to specify the stage of work at which
the Agreement is to be terminated.
b. The Parties to this Agreement may also terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties
shall agree upon the termination conditions through mutual written agreement.
c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily
completed is a percentage of the total work called for by this Agreement. All work in progress on the
Department right -of -way will become the property of the Department and will be turned over promptly by
the Recipient.
d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department
any funds determined by the Department to have been expended in violation of this Agreement.
6. Project Cost:
a. The estimated cost of the Project is $2, 660,000. This amount is based upon the Schedule of Financial
Assistance in Exhibit "B ", attached and incorporated in this Agreement. The Schedule of Financial
Assistance may be modified by execution of an amendment of the Agreement by the Parties.
b. The Department agrees to participate in the Project cost up to the maximum amount of $1,995,000 and,
additionally the Department's participation in the Project shall not exceed 75% of the total cost of the
Project, and as more fully described in Exhibit "B ", Schedule of Financial Assistance. The
Department's participation may be increased or reduced upon a determination of the actual bid amounts
of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of
the amount of the Department's participation and any cost overruns or deficits incurred in connection with
completion of the Project.
c. The Department's participation in eligible Project costs is subject to, but not limited to:
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms
of this Agreement; and
iii. Department approval of the Project scope and budget at the time appropriation authority
becomes available.
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7. Compensation and Payment:
a. The Department shall reimburse the Recipient for costs incurred to perform services described in the
Project Description and Responsibilities in Exhibit "A ", and as set forth in the Schedule of Financial
Assistance in Exhibit "B ".
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each
deliverable must specify the required minimum level of service to be performed and the criteria for
evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of
deliverables are described more fully in Exhibit "A ", Project Description and Responsibilities. Any
changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than 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 and costs incurred must be received and
approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall
include an invoice, progress report and supporting documentation for the period of services being billed
that are acceptable to the Department. The Recipient shall use the format for the invoice and progress
report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Recipient and must also establish that the required minimum standards or level of service to be
performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has
been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices,
contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in
Attachment F — Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance
payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and
216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes.
❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "G ",
Alternative Advance Payment Financial Provisions is attached and incorporated into this
Agreement.
If the Department determines that the performance of the Recipient is unsatisfactory, the Department
shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -
frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the
Department, provide the Department with a corrective action plan describing how the Recipient will
address all issues of contract non - performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or contract non - compliance. If the corrective action plan is
unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-
performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the
deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement
request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds
shall be forfeited at the end of the Agreement's term.
Recipients receiving financial assistance from the Department should be aware of the following time
frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days
from the Department's receipt of the invoice. The Department has 20 days to deliver a request for
payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of
the date the invoice is received or the deliverables and costs incurred are received, inspected, and
approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the
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Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests
payment. Invoices that have to be returned to a 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 Recipient who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are
tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of this Agreement and for
five years after final payment is made. Copies of these documents and records shall be furnished to the
Department upon request. Records of costs incurred include the Recipients general accounting records
and the project records, together with supporting documents and records, of the contractor and all
subcontractors performing work on the project, and all other records of the contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
h. Progress Reports. 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.
i. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Recipient owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any
amount pursuant to this paragraph shall not be considered a breach of contract by the Department.
j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120 -day time period may not be paid.
k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple
fiscal years, a notice of availability of funds from the Department's project manager must be received prior
to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being
received. The Department will notify the Recipient, in writing, when funds are available.
I. 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:
The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The Department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts
of the Department which are for an amount in excess of $25,000 and which have a term
for a period of more than 1 year."
m. 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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-60
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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.
n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the
Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed,
costs incurred after the expiration of the Agreement, costs which are not provided for in the latest
approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by
the Recipient or its contractors and subcontractors for not meeting the Project commencement and final
invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
8. General Requirements:
The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner;
and in accordance with the provisions in this Agreement and all applicable laws.
a. The Recipient must obtain written approval from the Department prior to performing itself (through the
efforts of its own employees) any aspect of the Project that will be funded under this Agreement. In the
event the Recipient proceeds with any phase of the Project utilizing its employees, the Recipient will only
be reimbursed for direct costs (this excludes general overhead).
b. The Recipient shall provide to the Department certification and a copy of appropriate documentation
substantiating that all required right -of -way necessary for the Project has been obtained. Certification is
required prior to authorization for advertisement for or solicitation of bids for construction of the Project,
including if no right -of -way is required.
c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and
conditions of this Agreement and all federal, state, and local laws and regulations applicable to this
Project.
d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for
the Project by the Recipient's contractors and consultants. No funds will be provided for payment of
claims or additional work on the Project under this Agreement without the prior written approval of the
claim or request for additional work by Department.
9. Contracts of the Recipient
a. The Department has the right to review and approve any and all third party contracts with respect to the
Project before the Recipient executes any contract or obligates itself in any manner requiring the
disbursement of Department funds under this Agreement, including consultant or construction contracts
or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such
approval, the Department may deny payment to the Recipient. The Department may review the
qualifications of any consultant or contractor and to approve or disapprove the employment of such
consultant or contractor.
b. It is understood and agreed by the parties hereto that participation by the Department in a project that
involves the purchase of commodities or contractual services or the purchasing of capital equipment or
the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO
per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions
of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of
commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida
Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in
accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task
orders, construction change orders, or any other agreement that would result in exceeding the current
budget contained in Exhibit "B ", or that are not consistent with the Project description and scope of
services contained in Exhibit "A" must be approved by the Department prior to Recipient execution.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-60
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Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if
required, shall be sufficient cause for nonpayment by the Department.
c. Participation by the Department in a project that involves a consultant contract for engineering,
architecture or surveying services, is contingent on the Recipient's complying in full with provisions of
Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient
shall certify to the Department that selection has been accomplished in compliance with the Consultants'
Competitive Negotiation Act.
d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the
competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from
state - appropriated funds, then the Recipient must comply with the requirements of Section 255.0991,
Florida Statutes.
10. Design and Construction Standards and Required Approvals: In the event the Project includes construction
the following provisions are incorporated into this Agreement:
a. The Recipient is responsible for obtaining all permits necessary for the Project.
b. In the event the Project involves construction on the Department's right -of -way, the Recipient shall
provide the Department with written notification of either its intent to:
i. Award the construction of the Project to a Department prequalified contractor which is the lowest
and best bidder in accordance with applicable state and federal statutes, rules, and regulations.
The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or
ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said
Project within the time frame set forth in this Agreement. The Recipient's use of this option is
subject to approval by the Department.
c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the
construction work for the Project. For projects that are not located on the Department's right -of -way, the
Recipient is not required to hire a contractor prequalified by the Department unless the Department
notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the
Department.
d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The
Department reserves the right to require the Recipient to hire a Department pre - qualified consultant firm
that includes one individual that has completed the Advanced Maintenance of Traffic Level Training.
Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed
Professional Engineer who shall provide the certification that all design and construction for the Project
meets the minimum construction standards established by Department. The Department shall have the
right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform
independent assurance testing during the course of construction of the Project. Subject to the approval of
the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either
hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of
this paragraph, or a combination thereof.
e. The Recipient is responsible for the preparation of all design plans for the Project. The Department
reserves the right to require the Recipient to hire a Department pre- qualified consultant for the design
phase of the Project using the Recipient's normal procurement procedures to perform the design services
for the Project. All design work on the Project shall be performed in accordance with the requirements of
all applicable laws and governmental rules and regulations and federal and state accepted design
standards for the type of construction contemplated by the Project, including, as applicable, but not
limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the
AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the
Project to be located on Department right -of -way shall conform to all applicable standards of the
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Department, as provided in Exhibit "F ", Terms and Conditions of Construction, which is attached to
and incorporated into this Agreement if a portion of the Project will be located on FDOT's right of way.
f. The Recipient shall adhere to the Department Conflict of Interest Procedure (FDOT Topic No. 375 -030-
006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 525 - 010 -XX).
g. The Recipient will provide copies of the final design plans and specifications and final bid documents to
the Department's Construction Project Manager prior to commencing construction of the Project. The
Department will specify the number of copies required and the required format.
h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in
accordance with applicable law.
i. The Recipient shall be responsible to ensure that the construction work under this Agreement is
performed in accordance with the approved construction documents, and that it will meet all applicable
Recipient and Department standards.
j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in
writing of the completion of construction of the Project; and for all design work that originally required
certification by a Professional Engineer, this notification shall contain an Engineers Certification of
Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and ,
incorporated herein as Exhibit "C ", Engineers Certification of Completion. The certification shall state
that work has been completed in compliance with the Project construction plans and specifications. If any
deviations are found from the approved plans, the certification shall include a list of all deviations along
with an explanation that justifies the reason to accept each deviation.
k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded
through the Agreement prior to final inspection.
11. Maintenance Obligations: In the event the Project includes construction then the following provisions are
incorporated into this Agreement:
a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
constructed under this Agreement for its useful life. If the Recipient constructs any improvement on
Department right -of -way, the Recipient
® shall
❑ shall not
maintain the improvements located on the Department right -of -way made for their useful life. If the
Recipient is required to maintain Project improvements located on the Department right -of -way beyond
final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this
Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and
incorporated into this Agreement as Exhibit "E ". This provision will survive termination of this Agreement.
12. State Single Audit: 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 to monitor the Recipient's use of state financial assistance may include but not be limited to
on -site visits by Department staff and /or other procedures including, reviewing any required performance
and financial reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance awarded
through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to
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comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the
Department. The Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Department, the Department of Financial Services
(DFS) or the Auditor General.
b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of
state financial assistance awarded by the Department through this Agreement is subject to the following
requirements:
i. In the event the Recipient meets the audit threshold requirements established by Section 215.97,
Florida Statutes, the Recipient must have a State single or project- specific audit conducted 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
(nonprofit and for - profit organizations), Rules of the Auditor General. Exhibit "D" to this
Agreement indicates state financial assistance 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 by this Agreement, other state agencies and other
nonstate entities. State financial assistance does not include Federal direct or pass- through
awards and resources received by a nonstate 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 governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the
Auditor General.
iii. In the event the Recipient does not meet the audit threshold requirements established by Section
215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit
requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single
audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than
nine months after the end of the Recipient's audit period for each applicable audit year. In the
event the Recipient does not meet the audit threshold requirements established by Section
215.97, Florida Statutes, 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. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, 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: FDOTSingleAudit @dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits /342
111 West Madison Street, Room 401
Tallahassee, FL 32399 -1450
Email: flaudqen localgovtc aud.state.fl.us
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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 (nonprofit and for - profit
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 (nonprofit 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 six months, the Department will review the Recipient's financial reporting
package, including corrective action plans and management letters, to the extent necessary to
determine whether timely and appropriate corrective action on all deficiencies has been taken
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.
viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department,
or its designee, DFS or the Auditor General access to the Recipient's records including financial
statements, the independent auditor's working papers and project records as necessary. Records
related to unresolved audit findings, appeals or litigation shall be retained until the action is
complete or the dispute is resolved.
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, DFS or the 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, DFS or the 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.
13. Restrictions, Prohibitions, Controls and Labor Provisions:
a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity;
and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a
bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work; may not submit bids on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with
any public entity.
c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have
further been determined by the Department to be a non - responsible contractor may not submit a bid or
perform work for the construction or repair of a public building or public work on a contract with the
Recipient.
d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature,
judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes.
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e. 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 contractor knowingly employs unauthorized
aliens, such violation will be cause for unilateral cancellation of this Agreement.
f. The Recipient shall:
i. Utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment
eligibility of all new employees hired by the Recipient during the term of the contract; and
ii. 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.
g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and
conditions of this Agreement and all federal, state, and local laws and regulations applicable to this
Project.
14. Indemnification and Insurance:
a. It is not intended by any of the provisions of any part of this Agreement to create in the public or any
member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this
Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions
of this Agreement. The Recipient 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, to the extent permitted by law and as limited by and pursuant to the provisions
of Section 768.28, Florida Statutes, the Recipient agrees to indemnify and hold harmless the Department
, including the Department's officers and employees, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Recipient and persons employed or utilized by the
Recipient in the performance of this 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. Additionally, the Recipient agrees to include the
following indemnification in all contracts with contractors /subcontractors and consultants /subconsultants
who perform work in connection with this Agreement:
"To the fullest extent permitted by law, the Recipient's contractor /consultant shall indemnify and hold
harmless the Recipient and the State of Florida, Department of Transportation, including the
Department's officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of the contractor or consultant and persons employed or utilized by the contractor or
consultant in the performance of this 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 or the Recipient's sovereign immunity."
b. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers'
Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and
subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's
Workers' Compensation law. If using "leased employees" or employees obtained through professional
employer organizations ( "PEO's "), ensure that such employees are covered by Workers' Compensation
insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that
include operators or other personnel who are employees of independent contractors, sole proprietorships
or partners are covered by insurance required under Florida's Workers' Compensation law.
c. If the Recipient elects to self - perform the Project, and such self - performance is approved by the
Department in accordance with the terms of this Agreement, the Recipient may self- insure and proof of
Page 10 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
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self- insurance shall be provided to the Department. If the Recipient elects to hire a contractor or
consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry
Commercial General Liability insurance providing continuous coverage for all work or operations
performed under the Agreement. Such insurance shall be no more restrictive than that provided by the
latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form
CG 00 01) as filed for use in the State of Florida. Recipient shall, -or cause its contractor to cause the
Department to be made an Additional Insured as to such insurance. Such coverage shall be on an
"occurrence" basis and shall include Products /Completed Operations coverage. The coverage afforded to
the Department as an Additional Insured shall be primary as to any other available insurance and shall
not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not
be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate,
inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be shared with or
diminished by claims unrelated to the Agreement. The policy /ies and coverage described herein may be
subject to a deductible and such deductibles shall be paid by the Named Insured. No policy /ies or
coverage described herein may contain or be subject to a Retention or a Self- Insured Retention unless
the Recipient is a state agency or subdivision of the State of Florida that elects to self - perform the Project.
Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance
of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting
the coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage
described herein. The Department's approval or failure to disapprove any policy /ies, coverage, or ACORD
Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required
herein, nor serve as a waiver of any rights or defenses the Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or
underpass structure, or any other work or operations within the limits of the railroad right -of -way, including
any encroachments thereon from work or operations in the vicinity of the railroad right -of -way, the
Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure
and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the
Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury
and /or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000.
The railroad shall also be added along with the Department as an Additional Insured on the policy /ies
procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad shall be
provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The
insurance described herein shall be maintained through final acceptance of the work. Both the
Department and the railroad shall be notified in writing within ten days of any cancellation, notice of
cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's
approval or failure to disapprove any policy /ies, coverage, or ACORD Certificates shall not relieve or
excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any
rights the Department may have.
e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility
shall be added along with the Department as an Additional Insured on the Commercial General Liability
policy /ies procured above.
15. Miscellaneous:
a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department
of any breach of covenant or any default which may then exist on the part of the Recipient and the
making of such payment by the Department, while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach or
default.
b. 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.
Page 11 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
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c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors,
consultants, and subconsultants are not agents of the Department as a result of this Agreement.
d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay,
any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the
provisions of the Agreement violate any applicable state law, the Recipient will at once notify the
Department in writing in order that appropriate changes and modifications may be made by the
Department and the Recipient to the end that the Recipient may proceed as soon as possible with the
Project.
f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of
this Agreement with a signature on behalf of a party will be legal and binding on such party.
g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to
comply with the provisions of Chapter 119, Florida Statutes.
h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all
subcontracts the obligation to comply with Section 20.055(5), Florida Statutes
i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall
prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the
forum and venue in which any dispute under this Agreement is decided.
j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273,
Florida Statutes.
16. Exhibits.
a. Exhibits A, B, D, and E are attached to and incorporated into this Agreement.
b. ® The Project will involve construction, therefore, Exhibit "C ", Engineer's Certification of Compliance is
attached and incorporated into this Agreement.
c. ❑ A portion or all of the Project will utilize the Department's right -of -way and, therefore, Exhibit F, Terms
and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this
Agreement.
d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated
into this Agreement:
e. Exhibit and Attachment List
Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Financial Assistance
*Exhibit C: Engineer's Certification of Compliance
Exhibit D: State Financial Assistance (Florida Single Audit Act)
Exhibit E: Recipient Resolution
*Exhibit F: Terms and Conditions of Construction in Department Right -of -Way
*Exhibit G: Alternative Pay Method
Page 12 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
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Attachment F — Contract Payment Requirements
*Additional Exhibit(s):
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
The remainder of this page intentionally left blank.
Page 13 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
0sn7
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
RECIPIENT Monroe County STATE OF FLORIDA,
DEPARTM:N OF 1' ' �' PORTATION
, /.4iC /
By: By: 00.1L..iILL
Name: David Rice Name: a , a - S61116'S
Title: Mayor Title: District Director of Transpcdation Development
Legal Review:
�„ - ,; \� •\, Approved as to Fo
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• k� ° s Name: Christine Limbert- Barrows
(SEAL) •, r . Monroe County ,
yAssistant County Attorney
'1'',- ATTE ' • CLERK Date:
,:,:z- „ ,r'D.- CLERK oq(:9 /
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CONTENT AND LEGALITY
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Page 14 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-60
STATE- FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
09/17
Page 1 of 1
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 442001 -1
This exhibit forms an integral part of the State - Funded Grant Agreement between the State of Florida, Department of
Transportation and
Monroe County (the Recipient)
PROJECT LOCATION:
E l The project is on the National Highway System.
❑ The project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS: 1.33
PROJECT DESCRIPTION: MacDonald and Maloney Avenues have curb and gutter and concrete sidewalks on both
sides and a stormwater drainage system. The scope of work includes resurfacing or reconstructing (as needed) the
asphalt roadway, repairing existing concrete sidewalk, upgrading driveways and curb ramps to meet current ADA
standards, repairing and upgrading the stormwater system as needed, evaluating need for and where feasible installing
bicycle lanes, on street parking. Peninsular Ave. will be milled and paved and existing drainage structures will be repaired,
additional drainage may be added as needed.
SPECIAL CONSIDERATIONS BY RECIPIENT:
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 amount of state funding action (receipt and
disbursement of funds), any 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 Recipient 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 n /a.
b) Design to be completed by n/a .
c) Right -of -Way requirements identified and provided to the Department by .
d) Right -of -Way to be certified by .
e) Construction contract to be let by June 20, 2018 .
f) Construction to be completed by .February 2019
If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
•
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -60
STATE- FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
09/17
EXHIBIT "B" Page 1 of
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER:
Monroe County 442001 -1
1100 Simonton Street
Suite 216
Key West, FL 33040
I. PHASE OF WORK by Fiscal Year: FY 2018 FY2019 FY TOTAL
Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00
% % % %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $0.00
% % %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $0.00
% % %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $0.00
% % % %
Local Participation (Any applicable waiver noted in Exhibit "A ") or or or or
$ 0.00 $ 0.00 $ 0.00 $0.00
In -Kind Contribution $ $ $ $ 0.00
Cash $ $ $ $ 0.00
Combination In- Kind /Cash $ $ $ $ 0.00
Right of Way- Phase 44 $ 0.00 $ 0.00 $ 0.00 $0.00
% % % %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $ 0.00
% % % %
Maximum Department Participation - (Insert Program Name) or or or or '
$ $ $ _$0.00
% % % %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $ 0.00
Local Participation (Any applicable waiver noted in Exhibit "A ")
or or or or
$ 0.00 $ 0.00 $ 0.00 $0.00
In -Kind Contribution $ $ $ $ 0.00
Cash $ $ 0.00 $ $ 0.00
Combination In- Kind /Cash $ $ $ $ 0.00
Construction /CEI - Phase 54 $ 1,703,467.00 $ 956,533.00 $ 0.00 $2,660,000.00
75% 75% % 75%
Maximum Department Participation - (SCOP) or or or or
$ 1,038,467.00 $ 956,533.00 $ $ 1,995,000.00
% % %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $ 0.00
% % % %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $ 0.00
Local Participation (Any applicable waiver noted in Exhibit "A ") 25%
or or or or
$ 665,000.00 $ 0.00 $ 0.00 $665,000.00
In -Kind Contribution $ $ $ $ 0.00
Cash $ 665,000.00 $ $ $ 665,000.00
Combination In- Kind /Cash $ $ $ $ 0.00
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010-60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
ogin
EXHIBIT "B" Page2of2
SCHEDULE OF FINANCIAL ASSISTANCE
"�y"�« ' —.,. 't..z 3e,.x.„, rwi:.,.. s, -:r4?, ,.. ' „<. _- .,x ...; s . MX. '- uu.,: b ,_. Y - 2,v,,,;,4=4. , =/, F-,
Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00
% %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $ 0.00
% % % %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $ 0.00
% % % %
Maximum Department Participation - (Insert Program Name) or or or or
$ $ $ $ 0.00
Local Participation (Any applicable waiver noted in Exhibit "A")
or or or or
$ 0.00 $ 0.00 $ 0.00 $0.00
In -Kind Contribution $ $ $ $ 0.00
Cash $ . $ $ $ 0.00
Combination In- Kind /Cash $ $ $ $ 0.00
II. TOTAL PROJECT COST: $1,703,467.00 $956,533.00 $0.00 $2,660,000.00
COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by
Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached.
5(t
.0 nnge N t
District Grant Manager Name
Signature Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010-60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
osm
Page 1 of 1
EXHIBIT "C"
ENGINEER'S CERTIFICATION OF COMPLIANCE ,
Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice
of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon
completion of the construction phase of the Project.
NOTICE OF COMPLETION
STATE - FUNDED GRANT AGREEMENT
Between
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and Monroe County
PROJECT DESCRIPTION:Stock Island II
FPID#: 442001 -1
In accordance with the Terms and Conditions of the State - Funded Grant Agreement, the undersigned
provides notification that the work authorized by this Agreement is complete as of , 20
By:
Name:
Title:
ENGINEER'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the State - Funded Grant Agreement, the undersigned
certifies that all work which originally required certification by a Professional Engineer has been
completed in compliance with the Project construction plans and specifications. If any deviations have
been made from the approved plans, a list of all deviations, along with an explanation that justifies the
reason to accept each deviation, will be attached to this Certification. Also, with submittal of this
certification the Recipient shall furnish the Department a set of "as- built" plans certified by the Engineer of
Record /CEI. -
By: P.E.
SEAL: Name:
Date:
•
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
09/17
Page 1 of 1
EXHIBIT D
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Awarding Agency: Florida Department of Transportation
State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008)
and CSFA ® Small County Outreach Program (SCOP), (CSFA 55.009)
Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016)
El Transportation Regional Incentive Program (TRIP), (CSFA 55.026)
❑ Insert Program Name, Insert CSFA Number
*Award Amount: $1,995,000.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number is provided at: https: / /apps.fldfs .com /fsaa /searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number are provided at:
https: / /apps.fldfs .com /fsaa /searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https: / /apps.fldfs.com /fsaa /compliance.aspx
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
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Page 1 of 3
EXHIBIT "F"
TERMS AND CONDITIONS OF CONSTRUCTION IN
DEPARTMENT RIGHT OF WAY
1. Construction on the Department's Right of Way. If the Project involves construction on the
Department's right -of -way, then the following provisions apply to any and all portions of the Project
that are constructed on the Department's right -of -way:
a. The Project shall be designed and constructed in accordance with the latest edition of the
Department's Standard Specifications for Road and Bridge Construction and Department Design
Standards and Manual of Uniform Traffic Control Devices ( "MUTCD "). The following guidelines
shall apply as deemed appropriate by the Department: the Department Structures Design
Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD
Bridge Design Specifications, the Department Plans Preparation Manual ( "PPM ") (as of January
1, 2018, the Department Design Manual ( "FDM ") will replace the PPM) and the Department
Traffic Engineering Manual. The Recipient will be required to submit any construction plans
required by the Department for review and approval prior to any work being commenced. Should
any changes to the plans be required during construction of the Project, the Recipient shall be
required to notify the Department of the changes and receive approval from the Department prior
to the changes being constructed. The Recipient shall maintain the area of the Project at all times
and coordinate any work needs of the Department during construction of the Project.
b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction
within Department right -of -way. The Recipient shall notify the Department should construction be
suspended for more than 5 working days. The Department contact person for construction is
c. The Recipient shall be responsible for monitoring construction operations and the maintenance of
traffic ( "MOT ") throughout the course of the Project in accordance with the latest edition of the
Department Standard Specifications, section 102. The Recipient is responsible for the
development of a MOT plan and making any changes to that plan as necessary. The MOT plan
shall be in accordance with the latest version of the Department Design Standards, Index 600
series. Any MOT plan developed by the Recipient that deviates from the Department Design
Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to implementation.
d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground,
and for ensuring that all utility locations be accurately documented on the construction plans. All
utility conflicts shall be fully resolved directly with the applicable utility.
e. The Recipient will be responsible for obtaining all permits that may be required by other agencies
or local governmental entities.
f. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all
improvements located on the Department's right -of -way resulting from this Agreement shall
become the property of the Department. Neither the granting of the permission to use the
Department right of way nor the placing of facilities upon the Department property shall operate to
create or vest any property right to or in the Recipient, except as may otherwise be provided in
separate agreements. The Recipient shall not acquire any right, title, interest or estate in
Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation,
effect, or performance of this Agreement including, but not limited to, the Recipient's use,
occupancy or possession of Department right of way. The Parties agree that this Agreement does
not, and shall not be construed to, grant credit for any future transportation concurrency
requirements pursuant to Chapter 163, Florida Statutes.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-60
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09/17
Page 2 of 3
EXHIBIT "F"
TERMS AND CONDITIONS OF CONSTRUCTION IN
DEPARTMENT RIGHT OF WAY
g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the
Department's property, including but not limited to, the Department's right -of -way.
h. The Recipient shall perform all required testing associated with the design and construction of the
Project. Testing results shall be entered into the Department's Materials Acceptance and
Certification database application and the Department must provide the final Materials
Certification for the Project. The Department shall have the right to perform its own independent
testing during the course of the Project.
i. The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement
in a good and workmanlike manner, with reasonable care, in accordance with the terms and
provisions of this Agreement and all applicable federal, state, local, administrative, regulatory,
safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines,
standards and permits, as the same may be constituted and amended from time to time,
including, but not limited to, those of the Department, applicable Water Management District,
Florida Department of Environmental Protection, Environmental Protection Recipient, the Army
Corps of Engineers, the United States Coast Guard and local governmental entities.
j. If the Department determines a condition exists which threatens the public's safety, the
Department may, at its discretion, cause construction operations to cease and immediately have
any potential hazards removed from its right -of -way at the sole cost, expense, and effort of the
Recipient. The Recipient shall bear all construction delay costs incurred by the Department as a
result of a Department order to cease construction operations to remove potential hazards from
the right -of -way.
k. The Recipient shall be responsible to maintain and restore all features that might require
relocation within the Department right -of -way.
I. The Recipient will be solely responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
m. The acceptance procedure will include a final "walk- through" by Recipient and Department
personnel. Upon completion of construction, the Recipient will be required to submit to the
Department final as -built plans and an engineering certification that construction was completed
in accordance to the plans. Submittal of the final as -built plans shall include one complete set of
the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in
Portable Document Format (PDF). Prior to the termination of this Agreement, the Recipient shall
remove its presence, including, but not limited to, all of the Recipient's property, machinery, and
equipment from Department right -of -way and shall restore those portions of Department right of
way disturbed or otherwise altered by the Project to substantially the same condition that existed
immediately prior to the commencement of the Project.
n. If the Department determines that the Project is not completed in accordance with the provisions
of this Agreement, the Department shall deliver written notification of such to the Recipient. The
Recipient shall have thirty (30) days from the date of receipt of the Department's written notice, or
such other time as the Recipient and the Department mutually agree to in writing, to complete the
Project and provide the Department with written notice of the same (the "Notice of Completion "). If
the Recipient fails to timely deliver the Notice of Completion, or if it is determined that the Project
is not properly completed after receipt of the Notice of Completion, the Department, within its
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010-60
STATE - FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
09/17
Page 3 of 3
EXHIBIT "F"
TERMS AND CONDITIONS OF CONSTRUCTION IN
DEPARTMENT RIGHT OF WAY
discretion may: 1) provide the Recipient with written authorization granting such additional time as
the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies)
at the Recipient 's sole cost and expense, without Department liability to the Recipient for any
resulting loss or damage to property, including, but not limited to, machinery and equipment. If the
Department elects to correct the deficiency(ies), the Department shall provide the Recipient with
an invoice for the costs incurred by the Department and the Recipient shall pay the invoice within
thirty (30) days of the date of the invoice.
o. The Recipient shall implement best management practices for erosion and pollution control to
prevent violation of state water quality standards. The Recipient shall be responsible for the
correction of any erosion, shoaling, or water quality problems that result from the construction of
the Project.
p. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist
within the vicinity of the proposed work. It is the responsibility of the Recipient to locate and avoid
damage to these sites. If a PTMS or TTMS is encountered during construction, the Department
must be contacted immediately.
q. During construction, highest priority must be given to pedestrian safety. If permission is granted
to temporarily close a sidewalk, it should be done with the express condition that an alternate
route will be provided, and shall continuously maintain pedestrian features to meet Americans
Disability Act (ADA) standards.
r. Restricted hours of operation must be approved by the Operations Engineer, or designee.
s. Lane closures on the state road system must be approved by the applicable Department District
Operations Engineer or designee and coordinated with the Public Information Office at least two
weeks prior to the closure. The contact information for the Department's Public Information Office
is:
Insert District PIO contract info
Note: (Highlighted sections indicate need to confirm information with District Office or
appropriate DOT person managing the Agreement)
RESOLUTION NO. 115 -2018 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
STOCK ISLAND II ROADWAY
IMPROVEMENTS PROJECT
WHEREAS, The Florida Department of Transportation ( "Department ") is
authorized under Section 334.044 (7), Florida Statutes, and Section 339.2818, Florida
Statutes to enter into this Agreement; and
WHEREAS, 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; and
WHEREAS, Monroe County ( "COUNTY ") has jurisdiction over and maintains
local roads in the Maloney Subdivision in Stock Island also known as the Stock Island II
project; and
WHEREAS, the DEPARTMENT has agreed to have the COUNTY design and
construct the improvements to Stock Island II, 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 442001 -1, 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 parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party;
Stock Island II
SCOP Agreement
April 19, 2018
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 19 day of April, A.D., 2018.
Mayor David Rice Yes
Mayor Pro Tem Sylvia J. Murphy Yes 1 .,,
Commissioner George Neugent Yes ter-- m as,
-., Commissioner Danny L. Kolhage Yes rn= `
• ;Commissioner Heather Carruthers Yes �
c"
c- 73
• �; rn
—s cs: n
w . o
ta Pc;
=(SEAL BOARD OF COUNTY COMMISSIONERS
T ` `Attest:
KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By�
-
By
Deputy Clerk Mayor /Chairperson
•
n � MONROE COUNTYY ATTORNEY
(J 1,16L� WP t�AI�(.hh k g.f
CHRISTINE LIMBERT- BARROWS
ASSISTANT CO A •RNEY
DATE: a
Stock Island 11
SCOP Agreement
April 19, 2018