Item C06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 3/21/01
3/22/01
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of Purchase Service Order with URS Corp. to provide plans and specifications, and
construction phase services for the T-Hangar Development Project at the Florida Keys Marathon Airport..
ITEM BACKGROUND: This project will be funded 50% by the Florida Department of Transportation and 50% by
Marathon Hangar Development, Inc.
PREVIOUS RELEVANT BOCC ACTION. Approval of lease with Marathon Hangar Development Inc.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: $75,460.00
BUDGETED: Yes
, COST TO AIRPORT: None
COST TO Passenger Facility Change: None
COST TO COUNTY: None
REVENUE PRODUCING: N/A
AMOUNT PER MONTH/YEAR:
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
MARATHON AIRPORT MANAGER APPROVAL I H-e-/tL'€'sA C oaK ~ C/II'---
Theresa Cook
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
(-(it'
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: URS Corp.
Effective Date: Execution
Expiration Date: 590 days
Contract Purpose/Description: Plans and specifications, construction phase services, for the Hangar
Development Project at the Marathon Airport.
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 3/21/01
# 5195
(Ext. )
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: ~317/01
CONTRACT COSTS "
Total Dqllar Value of Contract: $75,460.00
Budgeted? Yes
Grant: Yes - FDOT 50%
County Match: None - Developer to fund 50% of project.
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
Current Year Portion: - 35,000.00
Account Codes: 403-63528-560630-GAMD25
(Set up 3/01 BOCC)
Estimated Ongoing Costs: N/A
(not included in dollar value above)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
Date Out
Airports Manager
--1_/_
) ( )
) (v(
( )(~-_/
( ) (--r-
--1--1_
2- p't'?!~
I~-'>> /-12!
,
c /~/Ol
Risk Managemrnt 2!1:J..J.1:.L
o ./purcAi~g d :81/0 (
? (2%/ Jz.
Comments:
2-2Ii-~1 11.3iiAM
FRCM KEY WEST INTL. AIRPOR 3lZIQ -.e::sJ. ':=/Q
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
I
i Contract with: URS CQn).
I
: Contract PUfl)OSe/CelCription: Plans and specifications. constnJct1on phase services, (or the Hangar
De'letopment project 8t the Mansthon AirlXart.
EffectiVe Cate; Execution
Expiration Date: 590 days
I
1
I
!.
I
CONTRACT SUMMARY
Contract #
I
Contract Manager: BeVflltte Moore
(name)
for aocc meeting on: 3121/01
# 5195
(Ext.)
, AirpOrtS' - stop # 5
(Department/COUrier Stop)
Agenda Ondline; .3f7/01
CONTRACT COSTS
'. .
....
Tota! Collar Value of Contract $7'5.480.00
Buageted? Yes
'Grant: Yes - FOOT 50%
County Match: None - OeV4tlOper to fund 50% of project.
ADDITIONAl. COSTS
For: .
(eg, rnamenance, utlllUlI8.lanltoI'l8l. salarieS. etc.)
Current Year'Portion: - ~tOOO.OO
Account Codes~ 403-e3528-560630-GAMD25
(Set up 3101 8000)
Estimated Ongoing Costs: NlA
(not included in doUar value above)
CONTRACT REVIEW
Changes
Cate In Needed Reviewer Date Out
Ves No
, Airports Meneger ?:::...I. Z '7/ ~ ( ) (vi ~(l~O .!::-/;rll.E.J,.
I . Theresa Cook
~ Risk Management --1-1_ ( ) ( ) ---1--1_
I Wayne Robertson
: O.M.B./Purchas~g --1--1_ ( ) ( -1-.1_
Sh.~a Barker
County Attorney .......J -I_ e ) ( ) --1---1_
Rob WOlfe
Comments:
cd WdPl:cl 100c Lc 'qa~
'ON Xtl~
WO~~
-- ___.w__ ........ _.......""-'=- &u:~lIQb~::J:.!~:J.&t:J
..."'\..-.t;.
! / !
PURCHASE / SERVICE ORDER
FOR
MONROE COUNTY
To: URS COrDoration
Purchase Service Order No, 00/011 J ~
Re; PSA Agreement, Dated 7.1-96
Resolution No.
Project Name: Hangar Develooment - Marathon Airport
Description of Services:
Prepare design plans and specifications approved by Florida Department of Transponation
including Construction Phase Services (no resident project representative) for the
development of 32 hangars and related project development.
Multiple of Direct Salaries
.Lump Sum
x
Reimbursable Expense
Days to Complete
590
Fee this Service Order
$ 75 460 00
Payment for Services shall be in their entirety as per PSA. as amended,
Prepared by:
~-r=
Milford A R isert
Rrcommended by:
~QC~
Date:
,;7 ~ 2 .J -4/
Date:
"Z - ? 7- 0 J
A<<'~~
Carlos Garcia ,.
'2/23/ <..Do I
I ,
Approved by:
Date:
Date:
"IU~\C~.)_I-II,WPO
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MARATHON INTERNATIONAL AIRPORT
HANGARS DEVELOPMENT WITH TAXILANE CONNECTORS (FDOT)
URS CORP.
DATE: 02-06-01
ADDITIONAL SERVICES MARATHON AIRPORT
A. DESIGN TESTING COSTS
1. Mobilization Cost (incl. per diem) LS $ 750.00
2. Standard Penetration Tests 2 holes @ 10' = 20 LF @ $15/LF $ 300.00
3. Percolation Test (1 @ $ 500/ea.) ~ $ 500.00
4. CBR (New Pavement) - 0 @ 350/ea. = $ 0.00
Soil Classifications - 0 @ $ 100/ea. = -: $ 0.00
5.
6. Final Report Recommendation = I $ 500.00
Design Testing S 2,050.00
B. PERMITI'ING (Building and Zoning) S 900.00.
.,
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~ TOTAL ADDITIONAL FEES $ 2,950.00
F\MARA THON\Shadehangar\AGASMAJ32.wPD
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Marathon Airport
Construction Engineering Fees
HANGARS DEVELOPMENT
WITH TAXlLANE CONNECTORS (FDOT)
A. CONSTRUCTION PHASE $ 12,940.00
(See Attachment Exhibit "A")
B. RESIDENT INSPECTION COSTS
No Resident inspection is included on this fee proposal $ 0.00
~
C. CONSTRUCTION TESTING COSTS
1. SOIL ...:
a. 5Bearing capacity 2 @ $ 3.50 $ 700.00
b. Soil Classifications
2 tests @ $ 120/ea. = $ 240.00
c. In-place densities
(1810 sy new pavement)
Assume subgrade 1 density/ 1000 sy
2 tests @ $ 65/test = " $ 130.00
2. CONCRETE TESTING
a. Job mix check -LS ~ $ 1,000.00
b. Compressive Strength (cylinder test) 1 test @ 100 cyor
fraction 5 test @ $ 150 $ 750.00
' ,
c. Compressive Strength (core) 2 test @ 300 (set of $ 600.00
d. Miscellaneous cylinder tests for drainage/structures 5 $ 750.00
sets (3 cylinders/set) @ 150
3. ASPHALT TESTING
a. Job mix check $ 500.00
b. Plant inspection
say 208 tons @ 600 tons/day
F\ Marathon\shadehangar\mrmhea242. wpd
208/600 = 1 days plus 1 days start-up
= 2 days @ $ 600/day $ 1,200.00
c. Cores
2 days @ 4 cores /day = 8 cores
say 8 cores @ $ 25/ea = $ 200.00
d. Lab reports/Consultations Estimate LS = $ 1,500.00
e. MobilizationffravellMisc. - LS = $ 1,000.00
Total Construction Testing Costs = $ 8,570.00
D. AS-BUILT DRAWINGS
Assume (3 sheets to be modified)
(Y2) hr. of Sr. Engineer Cost = (3) (Y2) @ ($90/hr.}= $ 135.00
(Y2) hr. of Engineer Cost = (3) (Y2) @ ($80/hr.) = $ 120.00
(1) hr. of Technic an Cost = (3) (1) @ ($50/hr.) = $ 150.00
Total As-BuUts Drawings Costs $ 405.00
I Total Construction Engineering Fees $ 21,915.00
F\ Marathon\shadehangar\mnnhea242. wpd
I ~~'?';;2::1
MARATHON HANG~J?J;:-YELOPMENT, INC.
11100 Overseas Highway
Marathon. FL 33050
Phone (305) 743-5181
Fax (305) 743-7012
February 21,2001
Andres Gutierrez
URS Grenier Woodward Clyde
5805 N. W. 11 th Street, Suite 340
Miami, FL 33126-2053
Dear Andres:
We at Marathon Hangar Development, Inc. (MHO) have read and understand the total price for design
and construction engineering fees for the MHO T- hangar project are $75,460.00. Leaving MHO
responsible for its fifty percent portion oU37,730.00. At this time we are accepting this proposal.
Cordially,
~~~
Daniel L Christensen
for MHO, Inc.
FORM 725-030.06
PUBLIC TRANSP ADMIN. 07/00
Page 4 of 12
7.60 Audit Reports:
1. All 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 federal agency. State funded grants are to be identified with
the Financial Project Number (FPN), contract number, and Catalog of State Financial Assistance (CSFR)
numbers.
2. Audits shall be conducted under the guidelines of A-133, Section 215.97, Florida Statutes, and Chapter 10,600,
Rules of the Auditor General.
3, For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be
submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the
subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must
be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting
package, and data collection form.
4. The Agency shall follow up and take corrective action on audit findings~ A-133'rurther requires the preparation of
a summary schedule of prior audit findings and a corrective action plan for current year audit findings.
5. Project records shall be retained and available for at least three years after the final payme'nt. Records related to
unresolved audit findings, appeals, or litigation shall be retained unlil the a ction is completed or the dispute is
resolved.
Reports of audits conducted in accordance with OMB Circular A-133-; and corresponding data collection forms
shall be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
and the District Public Transportation Office identified in paragraph 8.10 of this agreement.
Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600 Rules of
the Auditor General shall be sent to~'
State of Florida Auditor General
P.O. Box 1735
Tallahassee, FL 32302-1735
and the District Public Transportation Office identified in paragraph 8.10 of this agreement
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reim burse the Department to the extent of its
interest in the lost equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
FORM 72s.000.06
PUBLIC TRANSP ADMIN - 07/00
PlIgeSd12
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
Transportation, District VI Public Transportation Office MIAMI ,Florida, 33130
its requisition on a form Worms prescribed by the Department, and other data pertammg to the project account (as
defined in paragraph 7.10 hereof) to justify and support the payment requisitions,
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes,
8.13 For real property acquired, submit;
(1) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(3) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the r~al property,
,
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper tci ensure the carrying out of the project and
payment Gf the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
. elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
furnished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency qf any
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to
the project; ~
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which,
under this agreement, requires the approval of the Department or has made related expenditures or incurred
related obligations without having been advised by the Department that same are approved;
8.24 Conflict of "nteres~: There has been any violation of the conflict of interest provisions contained
herein; or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to
the project suspends or terminates federal financial assistance to the project. In the event of suspension or
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
FORM 725-030-06
PUBLIC TRANSP ADMIN - 07/00
Page 6 of 12
8.40 Payment Offset: 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 public transportation joint participation agreement which it has with the Agency
owing such amount if,' upon demand, payment of the amount is not made within sixty (60) days to the Department
Offsetting amounts shall not be considered a breach of contract by the Department
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally
discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive,
or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered
improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the
actions required therein which may include any or all of the following: (1) necessary action'to terminate or
suspend, as the case may be, project activities and contracts and such .other action as m~y be required or
desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish
a statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as project costs; and (3) remit to the Department such portion:of the financing and any advance
payment previously received as is determined by the Department to be due under the provisions of the
Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and
budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval
of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute
a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the
contractor or Agency to allow public ~ccess to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project AccoU!lt Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Departmenfs authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
FORM ns.ooo-oa
PUBLIC TRANSP ADMIN - 07/00
Page 7 of 12
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the
parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant
contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions
of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the
Agency will involve the Department in the Consultant Selection Process for all contracts, In all cases, the Agency's
Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's
Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as
defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49
CFR Part 26, as amended, apply to this Agreement.
-,
12.32 DBE Obligation: The Agency and its contractors agree to'ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to en~iJre that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts,
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts,
.;::
13.00 Restrictions, Prohibitions, Controls, and labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin,
The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, creed, color, sex, or national origin, Such action shall include, but not be
limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The
Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts
in connection with the development or operation of the project, except contracts for the standard commercial supplies or
raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts
for standard commercial supplies or raw materials. When the project involves installation, construction, demolition,
removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and
applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78
Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto.
13.30 TItle VIII- Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
'origin, religion, sex, disability and familial status.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of
the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
FORM 725-030-06
PUBLIC TRANSP ADMIN - 07/00
P.8of12
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter
into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be
included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shall not participate in any action by the
Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in
connection with the project or any property included or planned to be included in any project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental
agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom,
~ V
1
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation~greement constitutes a certification by
the Agency that the project will be carried out in conformance with all applicable environmental regulations including the
, securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency 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 Agency, 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. 4
14.40 How Agreement Is Affected by Provisions Being Held Invalid: 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.
14.50 Bonus or Commission: By execution of the Agreement the Agency 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.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable
State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at
once notify the Department in writing in order that appropriate changes and modifications may be made by the
Department and the Agency to the end that the Agency may proceed as soon as pOSSible with the project.
FORM n5-030-06
PUBLIC TRANSP ADMIN - 07/00
P8g8 9 of 12
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project
facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful
life of such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical
inventories and develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement. "
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, Lts agents, or empJoyees during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the perfofTance of the Agreement.
The parties recognize and accept the funding restrictions set forth in Section 339,135(6)(a), and Section 129.07, Florida
Statutes, which may affect each of the parties' obligations. Those provisions are as follows:
(a) 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 thatJunds are available prior to entering into any such contract or other binaing
commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one
(1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal yE;ars. Section 339. 135(6)(a), Florida Statutes.
(b) 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 s. 129.06, 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 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.
When either party receives a 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 will jointly
discuss options in defending the claim.
FORM 725-030-06
PUBLIC TRANSP ADMIN. 01/00
Page 100112
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to
the Agency written approval with any approved portions of the project and comments or recommendations concerning
any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
paragraph 8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
-.... .
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature, ' .
!J
i
17.20 Multi-Year Commitment: 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 Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a)
The Department, during any fiscal year, shall not expend money, incur any Iiabiljty, 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 dollars and which
have a term for a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
December 31, 2003 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency al)d granted in writing by the District
Secretary, District VI . Expiration of this Agreement will be considered termination of the
project and the procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: 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.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
FORM72~
PUBLIC TRANSP ADMIN. 07100
PlIge 11 of 12
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly. '
21.20 State: No funds received pursuant to this contract may be expended for lobbying th~ Legislature or a
state agency. ..'
.
,
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purcnase order or contract specifies otherwise,
The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The
20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the
invoice amount to the Agency. The interest penalty provision applies after a 35 day time' period to health care providers,
as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests .
payment. Invoices which have to be returned to an Agency because of vendor 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 Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287. 133(2)(a) "A person or affiliate who has be~n 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 I 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 s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed
' on the convicted vendor list."
---..-- ..--- -.. .__ ......,~~u~~~.&.__._
FORM 72S43Q.OD
PU8LIC TIWl&P ADMIN - OtlCO
"-De '2 41"2
Financial Project No. 41078019401
Contract No, AJ816
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY
NAME:
BY:
TITLE:
FOOT
'/
~
J
ched Encumbrance Form for date of Funding
val by Comptroller
n
DEPAR'TlAENT OF TRANSPORTATION
Director, Planning and Public Transportation. D6
TITLE
R&CYCLeD PN'ER 6)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 09/99
RUSH
Reason for RUSH :
Advertise
- Award _ LOA
X-- New ___ Addition
-
(Needed by __/--1____ (date))
(Letting Date) _ Termination/cert of Comp
___ Supplemental _ Renewal _ Correction
_ Court order _ Overrun
Contract # --AJ816__ Contract Type -AG_ Method of procurement _G__
vendor Name MONROE COUNTY vendor 10 F596000749053_____
Has written/verbal Approval from a participating Federal Agency
been received N/A Yes _ NO -X-
Fed Agmt Amt State Funds 1,500,000 Local Funds
1,500,000
Beginning date of this Agmt: 01/30/01(Must be after fund approval)
Ending date of this Agmt: 12/31/03(Estimate if necessary)
Execution date of this Agmt: __/__/__(Only on original agreements)
Has work been authorized to be~in? _ Yes _x_ No
Have standard financial provislons been altered by contract terms?
_Yes _x_ NO If so, show Revision date:
DO~S this agreement and/or change orde~ ~nclude provisions for.
relmbursement to D.O.T. from other entltles? _ Yes _x_ NO "
******************************************************************
Brief Description of work/Comments: DESIGN AND CONSTRUCTION OF
T-HANGARS AT MARATHON AIRPORT IN MONROE COUNTY.
RECIPIENT TYPE "c" CSFA NO. 55004
****************************************************************** 1
ORG-CODE *EO * OBJECT * AMOUNT *FIN PROJ or JOB # *FCT
==_~:~S~L Y~~) __-================================~:~~~~_:~~~:===
55 062020628 *PT * 750004 * $1,500,000
(00/01)
* 41078019401
(OS)
*637
------------------------------------------------------------------
55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
* xxxxxxxxxxx
(xxxx)
*xxx
------------------------------------------------------------------
55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
* xxxxxxxxxxx
(xxxx)
*xxx
------------------------------~-----------------------------------
TOTAL AMOUNT *$1,:500,000 *
------------------------------------------------------------------
originator:Andrea chao-G_ DATE SENT: PH/SC:452-5912_
E-mail USERID(S)____PT628AG 4
******************************************************************
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY __100300 CATEGORY ____088719
WORK PROGRAM VERIFICATION ' OK
ALLOTMENT YEAR 01-- DATE CHECKED
CINEW/04 0001
FUNDS APPROVED BY JOHN FAIN
FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: _02-08-2001---
-*****************************************************************
ADDITIONAL FUNDING REQUESTS
******************************************************************
ORG-CODE *EO * OBJECT * AMOUNT *FIN PROJ or JOB # *FCT
(FISCAL YEAR) (FUND) alpha
( FY'S) To be completed if funded in 2 or more fiscal years.
==================================================================
55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
*xxxxxxxxxxxx
(xxxx)
*xxx
------------------------------------------------------------------
55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
'* xxxxxxxxxxx
(xxxx)
*xxx
------------------------------------------------------------------
55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
'* xxxxxxxxxxx
(x~xx)
*xxx
------------------------------------------------------------------
TOTAL AMOUNT * $
*
------------------------------------------------------------------
, )
:-.
i
-:
Item No.: 41078019401
Contract No.: AJ816
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and Monroe County, dated
PROJECT LOCATION:
MARATHON AIRPORT
'/
i
PROJECT DESCRIPTION:
DESIGN/CONSTRUCTION OF T. HANGARS
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, Financial Project Number
and the Federal Identification number, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding action.
from any other source with res~ct to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: None
Item No.: 41078019401
Contract No.: AJ816
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation, and Monroe County, dated
1.
PROJECT COST:
$ 1,500,000
TOTAL PROJECT COST:
)
$ 1 ,560,000
II. FUND PARTICIPATION:
WITH FAA PARTICIPATION
Federal Participation: (FAA)
(75%) $ 0
Public Agency Participation: (LF)
(12.5%) $ 0
::-
Department Participation: (DS)
(12.5%) $ 0
SUBTOTAL = $ 0
WITHOUT FAA PARTICIPATION
Public Agency Participation: (LF)
(50%) $ 1,500,000
Department Participation: (DDRlDS)
(50%) $ 1,500,000
SUBTOTAL = $3,000,000
Item No.: 41078019401
Contract No.: AJ816
EXHIBIT "C"
(A viation Construction Projects)
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and Monroe County, dated
Reference statutes as applicable
SUBlVlITT AL/CERTIFICA TION
RESPONSIBILITY
Consultant Selection Compliance (if necessary)
j
.;
Public Agency Attorney
-: Certification
Feasibility Study (if necessary)
Public Agency
Design Submittal
90%
Department Review /Letter* 100%
Department Review /Letter*
Construction/Procurement
Public Agency
MBE Compliance
Public Agency Certification
Safety Compliance
Public Agency
Audit Reports
Public Agency Annually
During Life of Project
* This approval does not imply that the Department has made a detailed engineering review, as it
is the responsibility of the Submitting Agency to provide its own detailed review for accuracy of
plans, specifications, reports and contract documents. Similarly, legal aspects of these documents
were not addressed as they are also considered the responsibility of the Submitting Agency to
ensure compliance with all applicable laws, statutes and ordinances.
OTHER ITEMS
The Agency must submit an invoice to the Department no later than One Hundred and Twenty
(120) days after the period of services covered by said invoice.
Approval of the properly submitted invoice by the Department must occur no later than five days
after receipt of the invoice
-:
:--
Item No.: 41078019401
Contract No.: AJ816
EXHIBIT "F"
SPECIAL AIRPORT ASSURANCES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and Monroe County, dated
1. GENERAL
a. These assurances shall be complied with in the performance of master planning,
land acquisition, economic development or capital improvement projects, which
contain NO federal funds. ~ ./
_ 1
b. Upon acceptance of this Joint Participation Agreement by the sponsor, these
assurances are incorporated in and become a pai't thereof.
II. DURATION
The terms, conditions and assurances of the grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for any airport
development project, but in any event not to exceed twenty (20) years from the date of acceptance
of a grant agreement utilizing state funds for the project. However, there shall be no limit on the
duration of the assurances witli respect to real property acquired with project funds.
m. SPONSOR CERTIFICATION
The sponsor hereby assures and certifies, with respect to this grant:
a. It has sufficient funds available for that portion of the project costs not paid for by the
State. It has sufficient funds available to assure operation and maintenance of items it will
own or control funded under the grant agreement.
b. It holds good title, satisfactory to the Department, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Department, that good title will be
acquired.
c. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with the Federal Airport and Airway Improvement Act of 1982, or successive
legislation; the regulations and the terms, conditions and assurances in the grant
agreement; and shall ensure that such arrangement also requires compliance therewith.
d. It will adequately clear and protect the aerial approaches to the airport by removing,
lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport hazards. . .
;;
1
e. It will make its airport available as an airport for public use on fair and reasonable terms.
.....
f. It will permit no exclusive rights for the use of the airport by any persons providing, or
intending to provide aeronautical services to the public.
g. All revenues generated by the airport will be expended by it for the capital or operating
costs of the airport, the local airport system, or other local facilities owned or operated by
the owner or operator of the airport and directly related to the actual aerial transportation
of passengers or property.
h. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the
airport showing (1) boundaries of the airport and all proposed additions thereto, together
with the boundaries of al~ offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) the location and nature of all existing and
proposed airport facilities and struc~res (such as runways, taxiways, aprons, terminal
buildings, hangars and roads), including all proposed extensions and reductions of existing
airport facilities;' and (3) the location of all existing improvements thereon.