Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
02/19/2014 Agreement
., . yni BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia L Murphy,District 5 Mayor Pro Tem,Danny L.Kolhage,District I The Florida Keys GeorgeHh Ncogcnt DistrictDistrict 2 "ate, Heather Carruthers,4istricY3 David Rice, District 4 MEMORANDUM PUBLIC WORKS& ENGINEERING DATE: May 19, 2014 TO: Villa Fernandez or RECEIVED Lindsay Ballard VIA: Kathy Peters, Paralegal MAY 20 2014 County Attorney's (ice MONROE COUNTY ATTONJ Y FROM: Pamela G. Hanco Executive Assislan _ _ D E©�Oparzn VLS SUBJECTS Item C14-February 19, 2014 BOCC Meeting SUBJECTS Enclosed are two fully executed-Co if ncentive Grant Program (CIGP) Agreements with Florida Department of Transportation(FDOT)to provide$1,053,021 grant funding for construction and construction engineering inspection(CEI) services for the US 1 Bayside Shared Use Path from approximately MM 100 to MM 106 in Key Largo, as well as a copy of Resolution 037-2014 adopting same. Please file for the record Should you have any questions, please feel free to contact me at 4529. Thank you. Enclosures(2) C/erK STATE OF FLORIDA DEPARMENT OF TRANSPORTA11ON SEU1Ub1 COUNTY INCENTIVE GRANT PROGRAM AGREEMENT ro PLANNING (County Letting) Papal e1t8 Financial Project Na: FM#424197-2 Catalog of State Financial Assistance No. 55.008 Contract#:ARA97 COUNTY: Monroe County This County Incentive Grant Program (CIGP) Agreement, hereinafter referred to as the "AGREEMENT", by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT,"and Monroe County,hereinafter referred to as the"COUNTY." RECITALS WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this AGREEMENT:and WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS,the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. FM#424197-2 for the Bayside Trail—Shared Use Path , hereinafter referred to as the"PROJECT,"in accordance with Section 339.2817, Florida Statutes;and WHEREAS,the COUNTY by Resolution No. 037-2014 dated the 19th day of February 2QIA,a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this-Agreement; WHEREAS, the recitals set forth above are true and correct and are deemed to be restated herein. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: 1. SERVICES AND PERFORMANCE A. The COUNTY shall furnish the services with which to construct the PROJECT. Said PROJECT consists of. Construction and construction engineering and inspection(CEI) services for a 10' wide paved shared use path on the bayside right of way of US 1 from MM 100 to MM 106 in Key Largo, Florida; as further described in Exhibit A(Scope of Services)attached hereto and made a part hereof. B. The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable federal, state and local statutes, rules and regulations, and standards. The COUNTY shall be responsible for obtaining clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the applicable standards,statutes, rules and regulations in writing(Exhibit E, Notice of Completion). C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. COUNTY shall provide the DEPARTMENT with quarterly progress reports. D. For projects located on the State Highway System, the DEPARTMENT must approve any consultant and/or contractor scope of services including PROJECT budget COUNTY shall obtain DEPARTMENT approval of plans and specifications prior to bidding the PROJECT. E. For projects located on the State Highway System, the COUNTY must apply for and be granted a permit, from the DEPARTMENT, before the COUNTY can proceed with construction. 525-010.51 POLICY PLANNING WC-cA 3 Pace 20116 F. For projects located on the State Highway System, the PROJECT will be designed and constructed In accordance with all current DEPARTMENT specifications and standards. The construction engineering and inspection (CEI) services will be provided (when required by specifications) by personnel meeting the requirements of the DEPARTMENT'S Construction Training and Qualification Program. The COUNTY may choose to satisfy this requirement by either hiring a DEPARTMENT prequalified consultant firm or utilizing COUNTY staff that meet these requirements, or a combination thereof. The CEI staff shall also include one individual that has completed the Advanced Maintenance of Traffic Advanced Level Training. The CEI staff shall be present on the PROJECT at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida licensed Professional Engineer. G. The COUNTY 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 as required by Section 2 of the current Standard Specifications for Road and Bridge Construction. H. The COUNTY 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 COUNTY during the term of the contract and shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. I. The COUNTY shall not sublet, assign, or transfer any work under this AGREEMENT without prior written consent of the DEPARTMENT. J. All notices under this AGREEMENT shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Vicki Gatanis Judith S. Clarke, P.E. 1000 NW 111 Ave Director of Engineering Services Miami, FL 33172 1100 Simonton Street Key West, Florida 33040 2.TERM A. The term of this AGREEMENT shalt begin upon the date of signature of the last party to sign. The COUNTY agrees to complete the PROJECT in accordance with the schedule described and contained in Exhibit B (Schedule of Services) attached hereto and made a part hereof. If the COUNTY does not complete or maintain the project in accordance with the schedule, the DEPARTMENT may terminate this AGREEMENT unless an adjustment to the schedule is requested by the COUNTY and granted in writing by the DEPARTMENT. B. 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. 3. COMPENSATION AND PAYMENT A. The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT pursuant to 339.2817, F. S. The parties agree that the estimated total PROJECT costs is: Tw o million One hundred and ale thousand and forty- two dollars_ ($ 2,106,042.00_ ). The parties further agree that the DEPARTMENTs maximum participation is _ One Million fifty three thousand and twenty-one dollar or._(4_1,053,021.00_ ) and all remaining costs of the PROJECT will be borne by the COUNTY. These amounts are outlined in Exhibit C (Schedule of Funding)attached hereto and made a part hereof. i) The COUNTY shall submit one invoice(4 copies)plus supporting documentation required by the DEPARTMENT to the Project Manager for approval and processing: -monthly, or _X -quarterly, or 52601041 POLICY PLANNING OGC-CW3 Pogo of Is -once the PROJECT has been accepted by the COUNTY and approved by the DEPARTMENT. ii) My provisions for an advance payment are provided in Exhibit D attached hereto and made a part hereof. iii)In the event the COUNTY proceeds with the design,construction,and construction engineering inspection services(CEI)of the PROJECT with its own forces,the COUNTY will only be reimbursed for direct costs(this excludes general and administrative overhead). iv) Invoices shall be submitted by the COUNTY in detail sufficient for a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit°A", Scope of Services and Project Plans when approved by the DEPARTMENT. Deliverables must be received and accepted in writing by the Departments Project Manager or designee prior to reimbursements. v) Supporting documentation must establish that the deliverables were received and accepted in writing by the COUNTY and must also establish that the required minimum level of service to be performed as specified in Section 1. F.was met,and that the criteria for evaluating successful completion as specified in Section 1. B.was met. vi) The COUNTY may receive progress payments for deliverables based on the contractor's Schedule of Values (Schedule of Values would only apply to a construction project) and on a percentage of services that have been completed, approved and accepted to the satisfaction of the DEPARTMENT when properly supported by detailed invoices and acceptable evidence of payment The final balance due under this Agreement will be reimbursed upon the completion of all Project services, receipt of final construction cost documentation and proper submission of a detailed invoice and when the Project has been inspected, approved and accepted to the satisfaction of the DEPARTMENT in writing. vii) All costs charged to the Project by the COUNTY shall be supported by detailed invoices, proof of payments,contracts or vouchers evidencing in proper detail the nature and propriety of the charges. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENTS Comptroller under Section 334.044(29), Florida Statutes. C. Within thirty(30)days after completion of the work authorized by this AGREEMENT, the COUNTY shall notify the DEPARTMENT in writing of the completion; 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, (Exhibit E, Notice of Completion). The certification shall state that work has been completed in compliance with the PROJECT construction plans and specifications. If any deviations are noted 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. D. Participants providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, 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 after receipt of the invoice and receipt, inspection, and approval of the goods or 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. E. 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), F.S., will be due and payable, in addition to the invoice amount to the Participant. Interest penalties of less than one(1)dollar will not be enforced unless the Participant requests payment. Invoices that have to be returned to a Participant because of Participant preparation errors will resut in a delay in the payment The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT F. If this AGREEMENT involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. G. The DEPARTMENTs obligation to pay under this AGREEMENT is contingent upon an annual appropriation by the Legislature. H. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper • 5]S01G51 POLICY PLANNING OGC-WU Pike.4at to preaudit and postaudit thereof. I. Travel costs will not be reimbursed. J. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractorsfvendors who may be experiencing problems in obtaining timely payments(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516. K. Records of costs incurred under terms of this AGREEMENT shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this AGREEMENT and for five(5)years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the PROJECT records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. L. 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. My 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 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. M. It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in 129.06 Florida Statutes, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same,and the members of the .Board of.County .Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for Section 129.07 Florida Statutes. N. 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,consultant or subconsultant 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. 4. INDEMNITY AND INSURANCE A. When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this AGREEMENT, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen (14) working days and jointly discuss options In defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right herein. B. The COUNTY hereby agrees to defend, indemnify,save and hold harmless the DEPARTMENT, including its officers,agents and employees, from all suits, actions, claims, demands, damages and liabilities of any nature whatsoever arising out of any intentional, negligent,or wrongful act(s)or omission(s)by the COUNTY, including its agents, employees,contractors, subcontractors,consultants or subconsultants,which occur or are alleged to have occurred in connection with the PROJECT. This provision does not apply to the extent any such acts or omissions are made by the DEPARTMENT.This paragraph shall not be construed as a waiver of either party's sovereign immunity. C. LIABILITY INSURANCE. The COUNTY shall cause the DEPARTMENT to be an Additional Insured on any and all liability policies which provide coverage for tort liability to the COUNTY in connection with its operations relating to the PROJECT. The 525L1061 POLICY PLANING 00C-04/3 Pam 5 N16 COUNTY shall furnish evidence of such coverage to the DEPARTMENT prior to the commencement of such operations in the form of an ACORD Certificate of Liability Insurance together with copies of any and all applicable Additional Insured endorsements. In the event the COUNTY has no such Insurance coverage but instead maintains a self-insurance fund to cover such liabilities, the COUNTY agrees it shall disclose to the DEPARTMENT the amount of such self-insurance available. The COUNTY shall require any and all contractors, subcontractors,consultants and subconsultants it may enter agreements with in connection with the PROJECT to cause the DEPARTMENT to be made an Additional Insured on any and all liability policies providing coverage to said contractors,subcontractors,consultants and subconsultants for their operations relating to the PROJECT. Evidence of such coverage and Additional Insured endorsements shall be provided to the DEPARTMENT prior to the commencement of the construction of the Project. D. WORKERS'COMPENSATION. The COUNTY shall also carry, and cause any contractors, subcontractors consultants and subconsultants it may enter agreements with in connection with the PROJECT to carry,Worker's Compensation insurance in accordance with the requirements under Florida's Worker's Compensation law. E. The COUNTY shall forward,within 5(five)days of its receipt copies of any notices of cancellation or any other communications it receives that are related to any and all policies of insurance referenced in paragraphs B-D above and which affect or potentially affect such coverage available to the DEPARTMENT. 5. COMPLIANCE WITH LAWS A. The COUNTY 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 COUNTY in conjunction with this AGREEMENT. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this AGREEMENT by the DEPARTMENT. B. The COUNTY 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. C. No funds received pursuant to this AGREEMENT may be expended for lobbying the Legislature, the judicial branch,or a state agency. D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this AGREEMENT for purposes other than those set out in Section 337.274, Florida Statutes. 5. AUDIT A. The administration of resources awarded by the DEPARTMENT to the COUNTY may be subject to audits and/or monitoring by the DEPARTMENT, as described in this section. B. MONITORING ) In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS' below), monitoring procedures may include, but not be limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB Circular A-133, as revised, 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. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the DEPARTMENT staff to the Local Government regarding such audit. The Local Government further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the DEPARTMENT's Office of the Inspector General, the Chief Financial Officer(CFO)or Auditor General. C. FEDERAL AUDITS i) Recipients of federal funds (i.e. state, local government or non-profit organizations as defined in OMB 5254,10-5k POLICY PLANNING OGc-okn3 Pape as IS Circular A-133,as revised)are to have audits done annually using the following criteria: a) In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. Exhibit F to this AGREEMENT indicates Federal resources awarded through the DEPARTMENT by this AGREEMENT,if applicable. In determining the Federal awards expended in its fiscal year,the recipient shall consider all sources of Federal awards, including Federal resources received from the DEPARTMENT. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised,will meet the requirements of this part iii) In connection with the audit requirements addressed in Subparagraph i), the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. iv) If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised, the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). v) Federal awards are to be identified using the Catalog of Federal Domestic Assistance(CFDA) title and number, award number and year,and name of the awarding federal agency. D. STATE AUDITS i) Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: ii) In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year of such 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 the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit F to this agreement indicates state financial assistance awarded through the DEPARTMENT by this AGREEMENT, if applicable. In determining the state financial assistance expended in its 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 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. iii) In connection with the audit requirements addressed in sub-paragraph i) the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), 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. iv) If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in slate financial assistance in its 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 nonstate entitys resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). v) State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year,and name of the state agency awarding it. E. OTHER AUDIT REQUIREMENTS r) The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 3$3Y1061 POLICY PUN1ONO OOC—OY13 Pep l Of lO ii) Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the DEPARTMENT, the Comptroller, and the Auditor General. This section does 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 other state official. F. REPORT SUBMISSION i) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Paragraph C (FEDERAL AUDITS) of this AGREEMENT shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: a) The DEPARTMENT at the following addresses: Florida Department of Transportation Attn: Office of Comptroller 605 Suwannee Street, MS 24 Tallahassee, Florida 32399-0405 OR fdotsineleaudit@dot.state.fl.us b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections.320(d)(1)and (2),OMB Circular A-133,as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10t"Street Jeffersonville, IN 47132 c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133,as revised. ii) In the event that a copy of the reporting package for an audit required by Paragraph C (FEDERAL AUDITS) of this AGREEMENT and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320(eX2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to the following: Federal Audit Clearinghouse Bureau of the Census 1201 East 16t"Street Jeffersonville, IN 47132 ------ -- -- - - -a) In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the DEPARTMENT at the following address: (Insert mailing address(es)of office(s) responsible for program oversight) iii) Copies of financial reporting packages required by Paragraph D (STATE AUDITS) of this AGREEMENT shall be submitted by or on behalf of the recipient directly to the following: a) The DEPARTMENT at each of the following addresses: (Insert mailing address(es) of office(s) responsible for program oversight) b) The Auditor General's Office at the following address: Auditor Generals Office 52P01os1 POUOvwwxwe acc-olna Pages tit 18 Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 iv) Copies of reports or the management letter required by Paragraph E (OTHER AUDIT REQUIREMENTS)of this AGREEMENT shall be submitted by or on behalf of the recipient directly to the DEPARTMENT at the following address: a) The DEPARTMENT at each of the following addresses: (Insert mailing address(es)of office(s) responsible for program oversight) v)My reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this AGREEMENT shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.850 (nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. vi) Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with OMB Circular A-133 or Chapters 10.550(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. G. RECORD RETENTION i) The recipient shall retain sufficient records demonstrating its compliance with the terms of this AGREEMENT for a period of at least five (5) years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit working papers are made available to the DEPARTMENT, or its designee, the state CFO. or Auditor General upon request for a period of at least five(5)years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. 7. TERMINATION AND DEFAULT A. This AGREEMENT may be canceled by either the COUNTY or the DEPARTMENT upon sbdy (60) days written notice. B. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of(a) immediately terminating the AGREEMENT, or(b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the AGREEMENT will be terminated at the end of such time, or(c)taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the AGREEMENT for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the AGREEMENT is to he terminated. D. If the AGREEMENT is terminated before performance is completed, the COUNTY 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 will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. B. MISCELLANEOUS A. 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. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY 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 52501 51 POLICY PINNING OGG_pry Pop 9 d 16 COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default Sate shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default D. This document incorporates and 'includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this AGREEMENT that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. 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 shall remain 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. F. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this AGREEMENT shall be in_LEON_County, Florida. G. This AGREEMENT shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT or terminated in accordance with Section 7. H. An entity or affiliate which 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 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. I. Upon completion of the PROJECT, the COUNTY shall undertake all maintenance responsibilities of the right of way consisting of the shared use path, at its sole cost and expense. J. The COUNTY shall provide a qualified archaeologist to monitor any ground disturbing activities where the shared use path intersects with the Rock Mound Archeological Site,from STA 863+00.00 to STA 882+00.00, per the specified COUNTY's design plan, in accordance with the Division of Historical Resources'directive. In the event that the COUNTY obtains a monitoring exemption letter from the Division of Historical Resources specifying that archeological monitoring is not required and provides copy of the same to the DEPARTMENT,the archeological monitoring will not be required. 5]6U1G61 POLICY PLANNING OGL_OY13 P .,GM 16 IN WITNESS WHEREOF, the COUNTY has caused this AGREEMENT to be executed in its behalf this 19 day of te4wArri Tel t 4, by the Chairman of the Board of Commissioners,authorized to enter into and execute same by Resolution Number o31 ZD14 of the Board on the 1944tday of fcIvWAv7 20(¢, and the DEPARTMENT has execute his AGREEMENT through its District Secretary for District (o Florida Department of Transportation, this I In day of NI Zot4 . 41 1 anti M0)1roe COU ,FLORIDA s 4 ,o EAL, B , I ;� H MAN, B f D OF COU C MM S [STATE OF FLORIDA DEPARTMENT OF TRAN z '0 TA/ I ATTEST `1Nu� / ,�/S yr.t (SEAL) BY ��Ly .I� " p. �yEXE UTIVE EC ARY DISTRI SE RETARY DIS— NAME: )Z 7- 0/-41/i/ ./9.G - UU �G DOT L9ga1 Availability of Funds Approval: 4{8:3120I4- (Date) t cr. MONROE COUNTY ATTORNEY o= N w APPROVED AS TO FORM: o 4 /��{ ( /� �� it n U _ t�RISTINE M. LIMBERT-BARROWS ARRO W r U7' CHRISTINE LIM BERT-BARROWS C 2= ASSISTANT COUNTY ATTORNEY O cm cc Date I//4/Wt L. N .Y, C Lel W r jct IL _ 52501Ofi1 POLICYRNIMWG 04C-OIn3 r.y.uaw Exhibit A SCOPE OF SERVICES The project involves construction and construction engineering and inspection(CEI)services for a 10' wide paved shared use path on the bayside right of way of US I from MM 100 to MM 106 in Key Largo,Florida. The construction scope of work includes clearing and grubbing vegetation,trimming and relocating trees as needed,construction of a 10'wide asphalt path,installation of required pavement markings, signage and stormwater structures and construction of a gravity wall in one area. The scope includes placing sod to restore the right of way and incidental work such as replacing guardrails and mailboxes,installing bicycle railing and performing driveway maintenance. The construction time is estimated to be 9 to 10 months. More precise project limits: From: STA 816+50.74 To:STA 1150+09.76 US 1/SR 5/Overseas Highway from Bay Drive to 1850'north of Linda Drive on the Bayside of the Overseas Highway in Key Largo Roadway-Id=90060000 Beginning Milepost 26.030-Ending Milepost 32350 MM 99.9-MM 106.25 52 O1 G41 PoUCY PLANNING GGC-CY13 Pp 12 a 1S Exhibit B SCHEDULE OF SERVICES Monroe County will advertise for bids within 30 days of receipt of Notice to Proceed from FDOT; Advertise for bids/Negotiate/approve contract: 60 days Construction: 9-10 months • 5Tu01681 POLICY gNNIMG 000-0503 PIO 13 Cl 16 Exhibit C SCHEDULE OF FUNDING Stab(County Incentive Local Grant FundsMonrue Phases Program) County Total Design and Permits: $0-00 1284,943.00 $284,943.00 Construction: $938,021.00 $853,078.00 $1,591,099.00 CEI: $115,000.00 $115,000.00 $230,000.00 Total: $1,053,021.00 $1,053,021.00 $2,106,042.00 'The cost for design and permits has already been expended by Monroe County. This amount will contribute toward the county's 50% match of the total project cost y(-0K-51 POLICYHO -0 OGO GC W19 Pg 11 of MI Exhibit D PROVISIONS FOR ADVANCED PAYMENTS(If Applicable) (Reference section 3 A. ii, in AGREEMENT) A. The DEPARTMENT agrees to pay an amount of 8_N/A which is equal to 15% of the DEPARTMENTS maximum participation of the estimate of the cost of the PROJECT. B. The advanced amount shall be paid to the COUNTY after execution of this AGREEMENT and within the fiscal year of the project funding in the DEPARTMENTS Adopted Work Program as of the date of execution. C. The amount advanced after execution shag be applied toward latter months payments or at the completion of the PROJECT. D. The COUNTY will submit an invoice for the advance. E. My unexpended funds remaining al the conclusion/termination of the AGREEMENT shall be returned to the DEPARTMENT within_days of the completion/termination of the project. • 52601061 POLICY PUMPING 00C-GWa P .16N 16 Exhibit E NOTICE OF COMPLETION JOINT PARTICIPATION AGREEMENT Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and the(Monroe County Board of Commissioners,, Florida PROJECT DESCRIPTION:Construction and construction engineering and inspection(CEI)services for a 10' wide paved shared use path on the bayside right of way of US 1 from MM 100 to MM 106 in Key Largo, Florida FINANCIAL MANAGEMENT IDS's 424197-2-58-01 and 424197-2-68-01 In accordance with the Terms and Conditions of the AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of (COUNTY , Florida) By: Name: Title: ENGINEER'S CERTIFICATION OF SUBSTANTIAL COMPLIANCB In accordance with the Terms and Conditions of the AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Professional Engineer has been completed in substantial compliance with the PROJECT construction plans and specifications. SEAL: Name: Dale: S2SMOb1 POLICY%AMONG OGC-01 , Pigs IS G 16 Exhibit F AUDIT STATE RESOURCES Agency: Florida Department of Transportation Catalog of State Financial Assistance: County Incentive Grant Program (55.008) Amount Comoliance Requirements The PROJECT must 1. be a facility.CIGP funds cannot be used for operational expenses. 2. be located on the State Highway System or relieve traffic congestion on the State Highway System. 3. be consistent to the maximum extent feasible with the Florida Transportation Plan(FTP). 4. be consistent to the maximum extent feasible, where appropriate, with the local Metropolitan Planning Organization (MPO) Long Range Transportation Plan(LRTP).' 5. be consistent with,to the maximum extent feasible,with any local comprehensive plans.' if the PROJECT is not in these plans, it must be amended into them within six months of application. NOTE:Section.400(d)of OMB Circular A-133, as revised,and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit F be provided to the recipient. TO: PL630EJ dot.etata.fl.ue 10185827 SUBJECT: FUNDS APPROVAL/REVIRIBD FOR CONTRACT ARA97 STATE OF FLORIDA DEPARTMENT OP TRANSPORTATION FUNDS APPROVAL Contract EARA97 Contract Typo: Method of Procurement: Vendor Name. MONROE COUNTY Vendor ID: VF596000749114 Beginning date of this Agmt: 02/04/14 Ending date of this Agmt: 02/05/18 ORO-CODE •EO *OBJECT *AMOUNT •FIN PROTECT *ITT •CFDA (FISCAL YEAR) *BUDGET ENTITY •CATEGORY/CAT MAR AMQTD3DUFT ID •SEQ. •OMMR ABS IOO= ID *MC LINE(68)/STATUS Action: ORIGINAL Funde have been: APPROVED 55 044010612 *OK •750008 • 938021.00 •42419725801 •215 • 2014 •55150200 •088572/14 0001 •00 • •0001/04 Action: ORIGINAL Funds have been; APPROVED 55 064010612 *OK •750008 * 115000.00 •42419724801 1)215 • 2014 •55150200 •088572/14 0001 •01 • *0002/04 TOTAL AMOUNT: *$ 1,053,021.00 • FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 01/29/2014 RESOLUTION NO. 037 -2014 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING THE COUNTY INCENTIVE GRANT PROGRAM (CIGP) AGEEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY TO PROVIDE FUNDING FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE US 1 BAYSIDE SHARED USE PATH PROJECT. WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this AGREEMENT; and WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. FM#424197-2 for the Bayside Trail— Shared Use Path ,hereinafter referred to as the "PROJECT," in accordance with Section 339.2817,Florida Statutes; and • WHEREAS, the COUNTY has agreed to furnish the services with which to construct the project; and WHEREAS,the recitals set forth above are true and correct and are deemed to be restated herein. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Monroe County,Florida, that: The County Incentive Grant Program(CIGP) Agreement between the State of Florida Department of Transportation and Monroe County, Florida is hereby approved. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the 19th day of February,A.D., 2014. Mayor Sylvia Murphy Yes Mayor Pro Tern Danny Kolhage Yes Commissioner George Neugent Yes Commissioner Heather Carruthers des irbr Commissioner David Rice Yes J4iLIN BOARD OF COUNTY COMMISSIONERS A in , Clerk OF MO E COUNT A nadi Deputy Clerk ayor/Ch ' erson MONROE COUNTY ATTORNEY APPROVED AS TO FORM: O rHl 3 LtrE Mil CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date t/�IN4— ' l S H rL 4 CO C LI_ C STATE OF FLORIDA COUNTY OF MONROE This Copy is a True Copy of the Original on File in this Office.Witness my hand and Oifcial SeaL �,,t This /3�' day of MQah A.D.,20 /i AMY Hi:AVILIN t • By