Item C18BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2004 Division: Public Works
Bulk Item: Yes X No —
Department: Engineering
AGENDA ITEM WORDING: Approval to amend State of Florida Department of Transportation Small
County Outreach Program Agreement, Financial Project No 4108481 extending the term of Item 2. TERM,
Section A. b) from March 2004 to June 16, 2004.
ITEM BACKGROUND: The County and FDOT entered into this agreement whereby the County is to furnish
the services with which to construct the project. Said project consists of resurfacing CR 905(A)/Card Sound
Road from CR 905 to Monroe/Miami-Dade County Line as approved in the YEAR 2000 Small County
Outreach Program. FDOT will fund 75% of the estimated cost of the project, or $1,956,150.00. The County
will also provide matching participation in the form of funds equal to 25% of the project costs plus the
remaining portion of the accepted bid amount exceeding FDOT's participation. Under the term of this
agreement, the construction contract is to be let on or before March 2004, however, the earliest bid date
available is April 1, 2004.
PREVIOUS RELEVANT BOCC ACTION: On June 14, 2000, the BOCC approved a request for funding
from the FDOT. On May 15, 2002, the BOCC approved a Joint Participation Agreement with FDOT for this
project, the actual agreement is called a Small County Outreach Program Agreement. On June 26, 2002, the
BOCC approved the FDOT Small County Outreach Program Agreement, Financial Project No 4108481.
CONTRACT/AGREEMENT CHANGES: Change Item 2. TERM, Section A. b) to read: Construction
contract to be let on or before June 16, 2004.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $ -0-
COST TO COUNTY: $ -0-
BUDGETED: Yes
SOURCE OF FUNDS:
No X
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OM rc*ing�,. X Risk Management X
ITEM PREPARED BY:
Davfd S. Koppel, County Engineer
DIVISION DIRECTOR APPROVAL: 2
Dent Pierce
DOCUMENTATION: Included X To Follow Not Required
DISPOSITION: AGENDA ITEM #A-�
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: STATE OF FLORIDA DEPT. Contract #
410841
OF TRANSPORTATION.
Effective Date:
6/26/02
Expiration Date:
March 2005
Contract Purpose/Description:
Amendment to Agreement No. 1 - Small County Outreach Program.Agreement
Extend construction contract let date from March 2004 to 04
Contract Manager: David S. Koppel, PE t! 4426 Engineering
/ #1
(Name) (Ext.)
(Department/Stop #)
for BOCC meeting on 03/17/04 Agenda Deadline: 03/02/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,956,150.00
Budgeted? Yes 0 No ❑ Account Code
Grant: $ 1,467,112.50
County Match: $ 489,037.50
s:
Current Year Portion: $
125-5410-22526-GRO222-560630
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg_ msinte.nanra
CONTRACT REVIEW
Changes
D to In
Division Director L Dq
Needed R . wer
Yes❑ No[:] �✓ --
Risk Management .26�1o✓
Yes[-] No[]- 1-51Z-Olze�- Z-
O.M.B./Purchasing
Yes[-] Not
County Attorney
Yes❑ NoE;k-'-
Comments:
f'% AD L'...-_ n___]__J m11
etc
Date Out
a/d6d
Financial Project No.: 4108481
Catalog of State Domestic Assistance No.: 55009
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SMALL COUNTY OUTREACH PROGRAM
AMENDMENT TO AGREEMENT
No. 1
This is an Amendment to Agreement No. 1 between the STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" and MONROE COUNTY,
hereinafter referred to as the "COUNTY".
WHEREAS, the DEPARTMENT and the COUNTY entered into an agreement titled STATE OF
FLORIDA SMALL COUNTY OUTREACH PROGRAM AGREEMENT (Project Administered by
County), hereinafter referred to as "AGREEMENT, in the amount of $1,956,150.00 on June 27, 2002;
and
WHEREAS, the parties desire to amend the Agreement for the purpose of extending Item 2
TERM, Section A.b) from Match 2004 to June 16, 2004; and
NOW, THEREFORE, the parties amend Item 2 TERM, Section A. b) of the AGREEMENT to
read:
b) Construction contract to be let on or before June 16, 2004.
Except as hereby modified, amended, or changed, all of the terms and conditions of the
AGREEMENT and any supplements and amendments thereto will remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement No. 1 by
their duly authorized officer on the date, month and year set forth above.
MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(SEAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST:
By: By.
Executive Secretary
District Secretary District Six
NAME:
District Construction/Maintenance Legal Review:
Engineer Approval:
Availability of Funds:
Approval:
'r
eJ
u—� rOC-- C'vc."fl'fy
Financial ProjectNo.:4108481 �.a ��IGI/
Catalog of State Domestic Assistance No.: 55009
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SMALL COUNTY OUTREACH PROGRAM AGREEMENT
(Project Administered by County)
This is an 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".
WITNESSETH
WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes,
to enter into this Agreement; and
WHEREAS, the Small County Outreach Program has been created by Section 339.2818,
Florida Statutes, to provide funds to counties to assist small governments in resurfacing or
reconstructing county roads or in constructing capacity or safety improvements to county roads; and
. WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility
requirements of said Section 339.2818, Florida Statutes; and
WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial
assistance under Financial Project No. 4108481 for Resurfacing of CR 905(A)/Card Sound Road
from CR 905 to Monroe/Miami-Dade County Line, hereinafter referred to as the "PROJECT," in
accordance with Section 339.2818, Florida Statutes; and
WHEREAS, the COUNTY by Resolution No. *** dated the 14th day of June, 2000, 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.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations
contained herein, the parties agree as follows:
SERVICES AND PERFORMANCE
A. The COUNTY shall furnish the services with which to construct the PROJECT. Said PROJECT
consists of: Resurfacing of CR 905(A)/Card Sound Road from CR 905 to Monroe/Miami Dade
County Line as approved in the YEAR 2000 Small County Outreach Program.
*** See Minutes of Monroe County Commission Meeting of 6/14/2000 (Attachment `A')
B. The COUNTY shall be responsible for the construction of the PROJECT in accordance with
all applicable federal, state and local statutes, rules and regulations, including COUNTY'S standards
and specifications. 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 COUNTY'S standards and specifications.
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.
D. The DEPARTMENT must approve any consultant and/or contractor scope of services prior to
advertising by the COUNTY. The DEPARTMENT'S approval must be obtained before selecting any
consultant and/or contractor for the PROJECT. 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 Standard Specification for Road and Bridge Construction (2000), as amended.
E. The COUNTY shall not sublet, assign or transfer any work under this Agreement without
prior written consent of the DEPARTMENT.
F. All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
Israel Magrisso, P.E.
Senior Project Manager
1000 NW 111`h Avenue
Miami, Florida 33372
2. TERM
TO COUNTY:
David S. Koppel, P.E.
Monroe County Engineer
5300 College Road
Key West, Florida 33040
A. The COUNTY shall commence the PROJECT activities subsequent to the execution of this
Agreement and shall perform in accordance with the following schedule:
a) Design to be completed on or before December 2003.
b) Construction contract to be let on or before March 2004.
c) Construction to be completed on or before March 2005.
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 DEPARTMENT will fund 75% of the estimated cost of the PROJECT. The total
estimated project cost is $ 1,956,150. If the bid awarded by the COUNTY exceeds the estimate, the
DEPARTMENT will participate in 75% of the bid up to 110% of the estimate. The COUNTY agrees
to bear all expenses in excess of the DEPARTMENT'S participation.
B. The COUNTY shall submit one invoice (3 copies) plus supporting documentation required by
the DEPARTMENT to the Project Manager for approval and processing once the PROJECT
has been accepted by the COUNTY and approved by the DEPARTMENT.
C. The COUNTY'S matching participation is in the form of:
X Funds equal to 25% of the project costs plus the remaining portion of the accepted bid
amount exceeding the DEPARTTMENT'S participation.
D. Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the DEPARTMENT'S Comptroller under Section 334.044 (29), Florida
Statutes. Any provisions for an advance payment are provided in Exhibit A///I, attached and made a
part of this Agreement.
E. The COUNTY will only be reimbursed for direct costs (this excludes general and
administrative overhead). All costs charged to the PROJECT shall be supported by properly executed
payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and
propriety of the charges. Bills for fees or other compensation for services or expenses shall be
submitted in _detail sufficient for a proper preaudit and post audit thereof. Bills for travel expenses
specifically authorized by this Agreement shall be submitted and paid in accordance with Section
112.061, Florida Statues.
F. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under
this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by
the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT.
G. The COUNTY must submit the final invoice to the DEPARTMENT within 180 days after the
final acceptance of the project. Invoices submitted after the 180-day time period will not be paid.
H. The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
I. COUNTY 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 Agreement 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 payment is not available within 40 days, a separate interest
penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and
payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1)
dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned
to the COUNTY because of COUNTY 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.
J. A Vendor Ombudsman has been established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for contractors/vendors who may be
experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman
may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792.
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
three years after final payment is made. Copies of these documents and records shall be furnished to
the DEPARTMENT upon request. Records of costs incurred include the 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. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on such contract. The
DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding one 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. A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months
from the date of being placed on the convicted vendor list.
N. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
hid 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.
4. INDEMNITY AND INSURANCE
A. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby
agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents
or employees from all suits ".,actions, claims, demands, liabilities of any nature whatsoever arising out
of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees,
contractors/subcontractors, consul tants/subconsultants or due to any negligent act or occurrence of
omission or commission of the COUNTY, its officers, agents, employees, contractors/subcontractors,
consul tan ts/subconsultants. Neither COUNTY nor any of its officers, agents, employees,
contractors/subcontractors, consultants/subconsultants will be liable under this section for the
negligence of the DEPARTMENT or any of its officers, agents or employees.
b) The COUNTY agrees to include the following indemnification in all contracts with
contractors/subcontractors, con sultan ts/subconsultants, who perform work in connection with this
Agreement:
"The contractor/consultant shall indemnify, defend, save and hold harmless the DEPARTMENT and
all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature
whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or
commission of the contractor, its officers, agents or employees. Neither the contractor/consultant, nor
any of its officers, agents or employees will be liable under this section for damages arising out of
injury or damage to persons or property directly caused or resulting from the sole negligence of the
DEPARTMENT or any of its officers, agents or employees."
B. LIABILITY INSURANCE: The COUNTY shall carry and keep in force during the period of
this Agreement a general liability insurance policy or policies with a company or companies authorized
to do business in Florida, affording public liability insurance with combined bodily injury limits of at
least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least
$50,000 each occurrence, for the services to be rendered in accordance with this Agreement. In
addition to any other forms of insurance or bonds required under the terms of the agreement, when it
includes construction within the limits of a railroad right-of-way, the COUNTY must provide orcause
its contractor to provide insurance coverage in accordance with Section 7-13 of the
DEPARTMENT'S Standard Specification for Road and Bridge Construction (2000), as amended.
C. WORKER'S COMPENSATION: The COUNTY shall also carry and keep in force Worker's
Compensation insurance as required for the State of Florida under the Worker's Compensation Law.
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.
E. Recipients of state funds are to have audits done annually using the following criteria
State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and
number, award number and year, and name of the awarding state agency.
In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the
recipient must have a state single or program specific audit conducted in accordance with Section
215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General.
If a recipient- expends less than $300,000 in State awards during its fiscal year, an audit conducted
in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor
General is not required. If a recipient expends less than $300,000 in State awards during its fiscal
year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes,
and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non -
State funds.
Reporting Packages and management letters generated from audits conducted in accordance with
Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be
submitted to the awarding DEPARTMENT office, by the recipient, within 30 days of receiving it.
The afore mentioned items are to be received by the appropriate DEPARTMENT office no later
than 9 months after the end of the recipient's fiscal year.
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 finding is required. Current year audit findings require corrective action and status of
finding.
Project records shall be retained and available for at least 3 years from the date the audit report is
issued. 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 workpapers
shall be given to the DEPARTMENT, the Office of the Comptroller, and the Office of the Auditor
General.
The recipient shall submit required audit documentation as follows:
A Financial Reporting Package 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
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
6. TERMINATION AND DEFAULT
A. This Agreement may be terminated by either party upon default by the other party. Further, this
Agreement may be terminated by the DEPARTMENT in whole or in part at any time the interest of the
DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek
termination or cancellation of this Agreement in the event the COUNTY shall be placed in either
voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or
cancel this Agreement in the event an assignment is made for the benefit of creditors.
B. If the Agreement is terminated before performance is completed, the COUNTY shall be paid
75% of the work satisfactorily performed for which costs can be substantiated. Within 60 days, the
COUNTY shall refund to the DEPARTMENT the amount of payment received for the PROJECT
which exceeds 75% of the COUNTY'S costs for the portion of the PROJECT completed.
7. 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 not a party to this
Agreement.
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 COUNTY, 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.
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, or as otherwise agreed to by the parties.
G. This Agreement shall be effective upon execution by both parties and shall continue in effect
and be binding on the partied until the PROJECT is completed and accepted and payment made by the
DEPARTMENT.
IN WITNESS WHEREOF, the COUNTY has cause this Agreement to be executed in its behalf this 24"
day of June, 2002, by the Chairman of the Board of Commissioners, authorized to enter into and execute same by
Resolution Number * * * of the Board on the A,//9 day of A, A A, 4 and the DEPARTMENT has
executed this Agreement through its District Secretary for District 6 , Florida Department of
Transportation, this a74J4day of ) yi%, , 3,66
b
, that this Agreement will not take effect until the date it is executed by the FDOT.
MONROE COUNTY, FLORIDA
(5`EAds): BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE CO , FLORIDA
BY
Deputy C erk May r/Chairman
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
(SEAL)
Attest:
By EXECqJTrVE ECRF,/TY
NAME:
District Construction/Maintenance
Engineer Approval:
� , �-� ►mil
Legal Review:
A ail lity of Funds
A r l:
1�
OPROVED AS TO FORM
AND A Alry
By
ROBERT N.
DATE