Item C24
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 20, 2005
Division:
Engineering
Bulk Item: Yes X No
Department:
Engineering
Staff Contact:
David S. KoppeL PE
County Enginer
AGENDA ITEM WORDING:
Approval to rescind agreement as approved on June 15, 2005, and enter into a revised Joint Partieipation Agreement
(JP A) between Monroe County and the Florida Department of Transportation to complete stormwater management
improvements at various locations along the U.S. Highway I eorridor, and approval of Resolution entitled "A Resolution
of the Mayor and County Commission of Monroe County Approving a Joint Partieipation Agreement with D.O.T. to
Complete Stormwater Management Improvements" to be included as Exhibit C of the Joint Participation Agreement.
ITEM BACKGROUND:
Two years ago the Directors of Marine Resources and Engineering met with representatives of the Florida Department of
Transportation to discuss placing various stormwater improvements located on FOOT right-of-way and identified in the
County's Stormwater Management Master Plan in the FOOT Work Program. They agreed to pursue funding for these
improvements. Recently County staff was informed that the funding had been made available and would be provided to
Monroe County to complete the improvements through a JP A. Attached is a revised JP A to complete 4 projects for an
estimated cost of approximately $2,000,000. No County funds are required.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved the original agreement at the June 15,2005 meeting subject to approval by the County Attorney and
FOOT.
CONTRACT/AGREEMENT CHANGES:
FOOT made some grammatical and format changes, updated the form to include General Requirements, Environmental
Impact Review Requirements, and Standard Financial Provisions, and added Exhibits A through E; Monroe County
redueed the projects from six to four so as not to exceed the $2,000,000 total cost.
STAFF RECOMMENDATIONS:
Approval
TOT AL COST:
$2,000,000
BUDGETED: Yes
No
X.
COST TO COUNTY:
None
SOURCE OF FUNDS:
FOOT
REVENUE PRODUCING: Yes
No
X AMOUNT Per Month
Year $1,000,000
APPROVED BY:
County Atty
X
Risk Management X
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION: Included
Not Required
DISPOSITION:
AGENDA ITEM NO.:
Agenda SummaryJDO'C7 20 2005.doc
6/30/200512:45:00 PM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract wi th: FDOT Contract
Effective Date: 07/20/05
Expiration Date: 12/31/2006
Contract Purpose/Description:
Joint Participation Agreement (JP A) between Monroe County and the Florida
Department of Transportation to complete storm water management improvements at
various locations along the U.S. Highway I corridor.
Contract Manager: David S. Koppel, 4469 Engineering / I
PE
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 7120/05 Agenda Deadline: 7/05/05
CONTRACT COSTS/REVENUES
Total Dollar Value of Contract: $ 2,000,000
Budgeted? YesC8J No D Account Codes:
Grant: $ 2,000,000
County Match: $ None
Current Year Portion: $ 1,000,000
-
-----
- -
-----
Estimated Ongoing Costs: $NA/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
YesD
YesD
Date Out
Division Director
Changes
Needed
YesDNo~
Risk Management
. .B./Pur~ng
County Attorney
/-
Comments:
Contract No.:
~"~"~,-~"~~---
Catalog of State Financial Assistance No.: 55.023_
Financial Project ID No: 408292-2-58-0 I
JOINT PARTICIPATION AGREEMENT
THIS JOINT P ARTICIP A TION AGREEMENT (this "Agreement") is made and entered
into on this day of 2005, between MONROE COUNTY, a politieal
subdivision of the State of Florida, existing under the Laws of the State of Florida, hereinafter
called the COUNTY, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
a component agency of the State of Florida, hereinafter called the DEPARTMENT.
WITNESSETH:
WHEREAS, the COUNTY, over several years, will undertake the permitting, design,
and construction of various stonnwater structural improvements on areas of u.S. Highway 1
(State Road 5), hereinafter collectively called the PROJECT, and, as outlined in the attached
Exhibit' A', 'Scope of Services,' which is incorporated herein by reference; and
WHEREAS, the DEPARTMENT desires to improve COUNTY stonnwater drainage
within its right-of-way along the U.S. Highway 1 corridor; and
WHEREAS, the DEPARTMENT and the COUNTY desire to pool resources in order to
gain efficiencies and economies of scale; and
WHEREAS, the DEPARTMENT agrees to reimburse the COUNTY for eligible
PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit 'B',
'Financial Summary', which is incorporated herein by reference; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
agreement designating and setting forth the responsibilities of each party;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and
benefits set fOlih and other good and valuable consideration, receipt of which is hereby
acknowledged, hereby agree as follows:
Page I of 20
Contract No.:
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Catalog of State Financial Assistance No.: 55.023 ~_~
Financial Project ID No:_ 408292-2-58-01
1. Representations by the DEPARTMENT. The DEPARTMENT makes the following
representations as the basis for the undertakings on its part herein contained:
(a) The DEPARTMENT has been duly created and is validly existing as a public
agency under the laws of the State. The DEP AR TMENT has all necessary power
to enter into the transactions contemplated by this Agreement and to carry out its
obligations hereunder. The obligations of the DEPARTMENT under this
Agreement are valid and enforceable in accordance with their terms, except to the
extent that such enforceability may be subject to bankruptcy, insolvency,
moratorium, and other laws affecting creditors' rights generally and to general
principles of equity (regardless of whether such enforceability is considered in a
proceeding in equity or at law).
(b) There is no litigation pending or, to the knowledge of the DEPARTMENT,
threatened with respect to the future development of the ramps which are a part of
this Agreement which will affect the performance by the DEPARTMENT of its
obligations under this Agreement.
(c) No default exists with respect to the obligations of the DEPARTMENT under this
Agreement, and the execution and delivery of this A!:,>reement by the
DEP ARTMENT do not constitute a violation of applicable law or regulations or a
breach of a default under any other agreement to which the DEP AR TMENT is a
party or an event that, with the passage of time, would become a breach of or
default under any such agreement.
Page 2 of 20
Contract No.:
~,~,_.,-_.,'-~'^'-,--
Catalog of State Financial Assistance No.:~55.023
Financial Project lD No: 408292-2-58-0
(d) All consents, waivers, approvals and other governmental actions required to be
taken in order for the DEPARTMENT to enter into and fully comply with this
Agreement have been received and obtained by the DEPARTMENT.
2. Representations by the COUNTY. The COUNTY makes the following representations
as the basis for the undertakings on its part herein contained:
(a) The COUNTY has been duly created and is validly existing as a body politic and
corporate, a public instrumentality and an agency of the State existing under the
Act. The COUNTY has all necessary power to enter into the transactions
contemplated by this Agreement and to carry out its obligations hereunder. By
proper corporate action the COUNTY has been duly authorized to execute and
deliver this Agreement. The obligations of the COUNTY under this Agreement
are valid and enforceable in accordance with their terms, except to the extent that
such enforceability may be subject to bankruptcy, insolvency, moratorium, and
other laws affecting creditors' rights generally and to general principles of equity
(regardless of whether such enforceability is considered in a proceeding in equity
or at law).
(b) No litigation is pending, or to the knowledge of the COUNTY, threatened with
respect to the future development of the ramps which are a part of this Agreement
which will affect the performance by the COUNTY of its obligations under this
Agreement.
(c) No default exists with respect to the obligations of the COUNTY under this
Agreement, and the execution and delivery by the COUNTY of this Agreement
do not constitute a violation of applicable law or regulations or a breach of or
Page 3 of 20
Contract
Catalog of State Financial Assistance No.: 55.023
Financial Project ID No: 408292-2-58-01
default under any other agreement to which the COUNTY is a party or an event
that, with the passage of time, would become a breach of or default under any
such agreement.
(d) All consents, waivers, approvals and other governmental actions required to be
taken in order for the COUNTY to enter into and fully comply with this
Agreement have been received or obtained by the COUNTY.
3.
Recitals.
The Recitals to this Agreement are true and correct and are hereby
incorporated herein by reference and made a part hereof.
4. General Requirements.
(a) The COUNTY shall submit this Agreement to its Board of County
Commissioners for ratification or approval by Resolution. A copy of said
Resolution is attached hereto as Exhibit "C", 'County Resolution', and is
incorporated herein by reference.
(b) The COUNTY shall perform PROJECT administration, pennitting, design, and
construction work in accordance with current DEPARTMENT standards and
specifications and must be in compliance with all governing laws and ordinances.
(c) The COUNTY covenants and agrees to undertake the permitting, design and
construction work of the following road segments on DEPARTMENT right-of-
way as established and described in Exhibit' A', and, as set out in the Monroe
County Stornlwater Management Master Plan, dated August 2001, of which
PROJECT scope-of-service excerpts are included in Exhibit 'A'. The following
st01111water improvement projects have been identified as eligible for
DEPARTMENT reimbursement, the cumulative reimbursement of which shall
Page 4 of 20
Contract
Catalog of State Financial Assistance No.: 55.023
Financial Project 10 No: 408292-2-58-01
not exceed the maximum limiting amount programmed in the DEPARTMENT's
current Adopted Work Probrram as identified in the attached Exhibit 'B'.:
a Rockland to Shark Key right-of-way construction with an estimated cost
of $542,000;
b North Harris to Park Channels construction with an estimated cost of
$414,000;
c Bow to Kemp Channel right-of-way construction with an estimated cost of
$1,044,000.
The cumulative estimated construction cost for the three above-listed projects is
TWO MILLION DOLLARS ($2,000,000.00). The DEP ARTMENT IS
authorizing, via this Agreement, the reimbursement of eligible PROJECT costs up
to and not to exceed TWO MILLION DOLLARS ($2,000,000.00), as further
broken down by fiscal year in the attached Exhibit 'B'.
(d) The DEPARTMENT has encumbered the funds for fiscal year 2004/05 prior to
Agreement execution.
(e) The COUNTY will submit PROJECT design plans to the DEPARTMENT for
review and approval at the following phases: Phase II 60%, Phase III 90% and
Phase IV 100%.
(f) The COUNTY covenants and agrees to schedule the construction of the
stormwater management improvements on DEPARTMENT right-of-way in
accordance with the availability of funds set forth in Exhibit 'B'. Upon
completion of the work, the COUNTY will certify to the DEPARTMENT that all
Page 5 of 20
Contract No.:
_.~""~-
Catalog of State Financial Assistance No.:_~~55.023_~__
Financial Project ID No: 408292-2-58-01
work was perfonned In accordance with applicable DEPARTMENT standards
and specifieations.
5. Environmental Impact Review Requirements.
a. Prior to construction, the COUNTY shall ensure that a qualified environmental
professional perfonns an environmental assessment of all projects covered under this AblTeement.
Each project shall be assessed for potential environmental impacts for all items listed in the
attached Exhibit "E", 'Environmental Impact Review Checklist', which is incorporated herein by
reference. For each project the COUNTY shall prepare a Project Technieal Memorandum which
includes a discussion of the project's involvement and potential impacts in each of the topie
areas contained in Exhibit "E", any related agency eoordination, and an explanation of how these
impacts will be addressed. The COUNTY shall submit the draft Project Technical Memorandum
to the DEPARTMENT with the 60% design phase submittal for review and approval.
b. The COUNTY shall coordinate PROJECT design to ensure compatibility with the
Florida Keys Scenic Highway and the planned improvements included in the Florida Department
of Environmental Protection's (FDEP) Overseas Heritage Trail Project.
c. Any PROJECT landscape design developed shall be reviewed and approved by
the DEPARTMENT's District Landscape Architect prior to construction.
d. The COUNTY shall coordinate potential environmental impacts with the
appropriate resource and regulatory agencies and the DEPARTMENT, and shall obtain all
required local, State and Federal pennits for the PROJECT prior to construction. The COUNTY
shall submit draft permit applications to the DEP AR TMENT for their review and approval prior
to submittal to the appropriate agencies. The COUNTY shall provide to the DEPARTMENT
copies of all correspondence with pem1itting agencies during the pem1itting process. The
Page 6 of 20
Contract No.:
Catalog of State Financial Assistance No.:
Financial Project ID No:
55.023
--
408292-2-58-0
COUNTY shall coordinate any required wetlands mitigation resulting from the PROJECT with
the DEP AR TMENT.
e. Assessment and coordination as referenced above is required for any potentially
occurring listed endangered species or critical habitat within the PROJECT limits. The
COUNTY is also specifically advised that the shoulders and side slopes directly adjacent to u.s.
1 in the area of Cudjoe Key may contain critical habitat for the federally endangered Silver rice
rat (Oryzomys palustris natator). The COUNTY is responsible for ensuring that a qualified
environmental professional perfonn a fIeld assessment of all PROJECT areas for purposes of
identifying endangered species' critical habitat, and assessing potential impacts to these species
and their habitats, resulting from the proposed stormwater improvements. For each project, the
COUNTY shall prepare an Endangered Species Biological Assessment Technical Memorandum
and coordinate the project's potential impacts with the U.S. Fish and Wildlife Service. The
COUNTY shall provide to the DEPARTMENT copies of all correspondence related to
endangered species coordination. The COUNTY shall obtain and provide to the
DEPARTMENT any necessary approvals from the U.S. Fish and Wildlife Service as appropriate
under the federal Endangered Species Act as amended, prior to construction.
6. Standard Financial Provisions.
a. Cumulative eligible project costs may not exceed TWO MILLION DOLLARS
($2,000,000.00) across DEPARTMENT fiscal year, as outlined in Exhibit 'B',
'Financial Estimate'. If additional funding is required, contingent upon
DEP AR TMENT approval, a supplemental agreement between the
DEPARTMENT and the COUNTY authorizing the additional DEPARTMENT
funding shall be executed prior to such costs being incurred.
Page 7 of20
Contract No.:
Catalog of State Financial Assistance No.: 55.023__
Financial Project ID No:~ 408292-2-58-01
b. The Department agrees to pay the COUNTY for the herein described services at a
compensation as detailed in this Agreement.
e. Payment shall be made only after receipt and approval of goods and servIces
unless advance payments are authorized by the State Comptroller under Section
215.422(14), Florida Statutes, or by the Department's Comptroller under Section
334.044(29), Florida Statutes.
d. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
e. Travel expenses will not be reimbursed.
f. Records of costs incurred under the terms of this Agreement shall be maintained
and made available upon request to the Department at all times during the period
of this Agreement and for 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 includes the Participant's general accounting reeords, of
the contractor and all subcontractors performing work on the project, and all other
records of the Contractor and subcontractors considered necessary by the
Department for a proper audit of costs.
g. Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The Department shall
require a statement from the Comptroller of the Department that such funds are
available prior to entering into any such contract or other binding commitment of
Page 8 of20
Contract
Catalog of State Financial Assistance No.: 55.023
Financial Project ID No: 408292-2-58-01
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; and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) and which have a tenn for a period of more than one
year. "
h. The Department's obligation to pay is contingent upon an annual appropriation by
the Florida Legislature.
7. Effective Date of this Agreement. This Agreement shall become effective on the date
hereof.
8. Provisions Separable. The provIsIOns of this AbYfeement are independent of and
separable from each other, and no prOVISIOn shall be affected or rendered invalid or
unenforceable by virtue of the fact that for any reason any other or others of them may be invalid
or unenforceable in whole or in part.
9. Amendment of Agreement. This agreement may be amended by mutual agreement of
the DEPARTMENT and the COUNTY expressed in writing and executed and delivered by each.
10. Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been duly given, made and
received when delivered (personally, by courier service such as Federal Express, or by other
messenger) against receipt or upon actual receipt of registered or ceIiified mail, postage prepaid,
return receipt requested, addressed as set forth below:
(a)
If to the County:
Monroe County
1100 Simonton Street, Room 2-205
Key West, Florida 33040
Attention: County Administrator
Page 9 of 20
Contract No.:
Catalog of State Financial Assistance No.:
Financial Project ID No:
55.023
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408292-2-58-01
(b)
If to the Department:
Florida Department of Transportation
1000 NW 111 th Avenue, Room 6137
Miami, Florida 33172
Attention: lP A Coordinator
Any party may alter the address to which communications or copies are to be sent
by giving notice of such change of address in confoTI11ity with the provisions of this parabTfaph
for the giving of notice.
11. Entire Agreement. This Agreement, including the Attachment to this AbTfeement,
contain the sole and entire agreement between the parties with respect to such subject matter and
supersede any and all other prior written or oral agreements between them with respect to such
subject matter.
12. Binding Effect. This Agreement shall be binding upon the parties and their respective
representatives, successors and assigns.
13. Waiver. Waiver by either party of any breach of any provision of this Agreement shall
not be considered as or constitute a continuing waiver or a waiver of any other breach of the
same or any other provision of this Agreement.
14. Captions. The captions contained in this Agreement are inserted only as a matter of
convenience or reference and in no way define, limit, extend or describe the scope of this
Agreement or the intent of any of its provisions.
15. Absence of Third Party Beneficiaries. Nothing in this AblTeement, express or implied,
is intended to (a) confer upon any entity or person other than the parties and their permitted
successors and assigns any rights or remedies under or by reason of this Agreement as a third
party beneficiary or otherwise except as specifically provided in this AblTeement; or (b) authorize
Page 10 of 20
Contract No.:
--,~'"'----".~,~-
Catalog of State Financial Assistance No.:_55.023~_~
Financial Project 10 No:~~ 408292-2-58-01_
anyone not a party to this Agreement to maintain an action pursuant to or bascd upon this
Agreement.
16. Other Documents. The parties shall take all such actions and execute all such
documents which may be reasonably necessary to carry out the purposes of this Agreement,
whether or not specifically provided for in this Agreement; provided that the parties further
acknowledge that certain additional actions by the COUNTY may require approval by the Board
of the COUNTY, and, to the extent such approval is required by applicable law, obtaining such
approval shall be a condition to the obligations of the COUNTY under this Section.
17.
Audits.
Florida Single Audit Act requirements as outlined in the attached Exhibit
"E", 'Audit Reports', are incorporated herein by reference.
18. Governing Law. This Agreement and the interpretation of its tenns shall be governed
by the laws of the State of Florida, without application of conflicts of law principles. Venue for
any judicial, administrative or other action to enforce or construe any term of this Ab>reement or
arising from or relating to this Agreement shall lie exclusively in Monroe County, Florida.
19.
Indemnification.
To the extent pennitted by Section 768.28, Florida Statutes, the
parties agree to indemnify each other for liability due to any act or omission, neglect or
wrongdoing of a party or any of its officers, agents or employees. Further, the parties agree to
defend each other against any and all such claims or demands which may be claimed and have
arisen as a result of or in connection with the parties' participation in this Agreement. Nothing
contained herein shall be construed to contradict the provisions of Section 768.28, Florida
Statutes, nor shall this Section be construed to require either party to indemnify the other for the
negligent acts of the other.
Page I ] of 20
Contract No.:
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Catalog of State Financial Assistance No.: 55.023~_
Financial Project 10 No:~_~ 408292-2-58-0]_
20. Expiration of Agreement. The COUNTY agrees to complete the PROJECT on or
before June 30, 201 O. If the COUNTY does not complete the PROJECT within this time period,
this AblTeement will expire unless an extension of the time period is requested by the COUNTY
and granted in writing by the DEPARTMENT's District Six Secretary or Designee. Expiration of
this Agreement will be considered termination of the PROJECT.
21.
Final Invoice.
The COUNTY 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.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement,
MONROE COUNTY, signing by and through its County Manager, and the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its District
Secretary, each duly authorized to execute same.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA:
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY:
BY:
MAYOR/CHAIRPERSON
DISTRICT SECRETARY
ATTEST:
(SEAL) COUNTY CLERK
ATTEST:
(SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
Page 12 of20
Contract No.:
~,~-~"""-
Catalog of State Financial Assistance No.: 55.023 _~_
Financial Project ID No: 408292-2-58-0 I
EXHIBIT 'A'
SCOPE OF SERVICES
FDOT Financial Project ID: 408292-2-58-01
COUNTY: Monroe
DEPARTMENT Project Manager: Ricardo Salazar, P.E.
COUNTY Project Manager:
The following stonnwater improvement projects have been identified as eligible for
DEPARTMENT reimbursement, with DEPARTMENT financial participation not to exceed the
amount programmed in the DEPARTMENT's current Adopted Work Program identified in
Exhibit 'B'. Scope-of-services excerpts from the Monroe County Stormwater Management
Master Plan, dated August 2001, for each of the five below-listed projects are attached hereto
and incorporated herein by reference:
Estimated Expected
Mile Construction Funds
Marker Island Name/Location Cost Available
11-12 Big Coppitt Rockland to $543,500 FY05
Shark Key
17-19 Park Key North Harris to $418,000 FY05
Park Channel
20-22 Cudjoe Key Bow to Kemp $1,045,100 FY05
Channel
Page 13 of 20
Contract No.:
Catalog of State Financial Assistance No.:
Financial Project 1D No:
55.023
~-~,~
408292-2-58-01
EXHIBIT' B'
FINANCIAL SUMMARY
The DEPARTMENT is authorizing the reimbursement of eligible PROJECT costs to the
COUNTY in accordance with this Agreement. The DEPARTMENT's current Adopted Work
Program allocates the following funding, by fiscal year, for PROJECT construction:
Fiscal Year:
Amount:
Fund Type:
2004/05
$1,000,000.00
District Dedicated Revenue (DDR)
TOTAL ESTIMATED PROJECT CONSTRUCTION COSTS:
$ 2,000,000.00
MAXIMUM DEPARTMENT FINANCIAL PARTICIPATION:
$2,000,000.00
COUNTY FINANCIAL RESPONSIBILITY:
$
-0-
Page 14 of 20
U.S. 1 RESURFACING - Boca Chica Channel to Rockland Channel
Description of Problem Area
This section of the Overseas Highway is scheduled for re-surfacing by the Florida Department of
Transportation in 2003. The highway is a four lane divided section with a grass median except
on the flyover at the entrance to the Naval Air Station and is approximately 2.7 miles in length
and 2,138,400 s.f. in area, of which 855,360 sJ. is impervious, resulting in a "C" factor of 0.44.
Photos 1, 2, 3, 4 & 5 depict the study area. Assuming that the FOOT will perform the work in a
manner similar to the highway recently resurfaced west of Boca Chica, the shoulders will not be
swaled or grassed beyond the standard 2' strip of sod, the median will not be altered and the
delineated shoulder on the pavement will not be widened.
Recommended Improvements
· Shape to median as a swale for its' entire length. The swale should be 3' deep with
3: 1 side slopes.
· Widen the paved shoulder to 6' to eliminate parking on the grass.
· Swale the shoulder at the edge of pavement. This should be a "V" shaped swale, l'
deep with 3: 1 side slopes. These swales will provide 3.93 ac.ft. of total storage.
· Vegetate the swale and remainder of the side slope.
· Use porous asphalt (Friction Course) for the new surface course.
At the present time. there is a treatment volume required of 1.4 inches. The proposed
improvements would provide a level of treatment of 0.96 inches and provide a 90%volume
capture. The cross-section sketch below shows the proposed improvements. The estimated
capital cost of these improvements is presented in the Capital Cost Summary.
u.s.! RESlJRFACING - Boca Chica Channel to Rockland Channel
. "
ri _(25}-/
I . .
t r I\f...
~.
I ~]. -Ex/d~._
5-
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Monroe County Stormwater Master Plan
Capital Cost Summary
US1 Boca Chic a Channel to Rockland Channel
Unit Total
Item Units Cost Quantity Cost
1 Storm Sewer Ft Variable (5) 0 $0
2 Stonn Inlet'.; Each $2,500 0 $0
3 Swales (1) (2) Ft $25 28,512 $712,800
4 Road/Driveway Repair Sq Yd $20 0 $0
5 Excavation/Earthwork CuYd $12 0 $0
6 Curb Replacements/ Installation Ft $10 0 $0
7 Exfiltration Trench Ft $250 0 $0
8 . Water Quality Treatment Unit (6) Each $15,000 0 $0
9 Install/Repair Drain Well Each $5,000 0 $0
10 Roof Drain Treatment Areas Each $1,500 0 $0
11 Porous Pavement Sq Yd $20 2,112 $42,200
Subtotal 1 ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $755,000
Contingency (30% of Subtotal 1) (3) $226,500
!subtotal 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $981,500
Engineerin~ Survey, & Permitting (15 % of Subtotal 2) $147,200
TOTAL COST (4) $1,128,700
(1) Residential/Roadway swale costs include excavation, sod or landscaping.
Commercial swale costs include excavation, inlets, pipes, barricades, and landscaping.
(2) This does not include land acquisition costs for swales not in existing rights-of-way.
(3) Includes contracor's overhead and profit as well as mobilization and standard
contingencies.
(4) All costs are in 2001 dollars. Costs include only stonnwater related infrastructure.
Replacement or rehabilitation of non-stormwater infrastrucure is not included.
(5) Generally between $2.00 and $3.25/footjin diameter depend in?; on pipe size.
(6) Unit cost based upon sizing for tributary area of 10 acres or less.
CDM Canp Qr''''>cT &. McK.:e h-.c
SMMP Costs for Problem Areas.xls
1. Boca Chica Channel to Rockland Channel
z. Boca Chica Channel to Rockland channel
3. Boca Chica Channel to Rocldand Channel
4. Boca Chica Channel to Rockland Channel
5, Boca Chica Channel to Rockland Channel
U.S. 1 RESURFACING - Rockland Channel to Shark Channel
Description of Problem Area
This section of the Overseas Highway is scheduled for resurfacing by the Florida Department of
Transportation in 2003. The plans will include turn lanes. This section of the Overseas Highway
is two lane, not divided with grassed shoulders and in some instances lime rock shoulders and a
bike path or pedestrian path along the north side. In general, the roadway is higher than the
surrounding areas. This section is approx.imately 1.3 miles in length and 686,400 s.f. in area of
which 263,578 sJ. is impervious, resulting in a "c" factor of 0.43. Photos 6, 7, 8 & 9 depict the
study area. Preliminary indication from FDOT is that turn lanes will be constructed, decreasing
the existing pervious area.
Recommended Improvements
· Widen the paved shoulder to 6' to eliminate parking on the grass.
· Swale the shoulder at the edge of pavement. This should be a "V" shaped swale, l'
deep with 3: 1 side slopes, right-of-way permitting. These swales will provide 1.89
ac.ft. of total storage.
· Vegetate the swale and remainder of the side slope.
· Use porous asphalt (Friction Course) for the resurfacing.
· Set a cross slope on the proposed turn lanes to drain to the swale above.
At the present time, there is a treatment volume required of 1.35 inches. The proposed
improvements would provide a level of treatment [0 1.03 inches and provide a 93% volume
capture. The estimated capital cost of these improvements is presented in the Capital Cost
Summary .
U.S. 1 RESURFACING - Rockland Channel to Shark Channel
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Monroe County Stonnwater Master Plan
Capital Cost Summary
USl Rockland Channel to Shark Channel
Unit Total
Item Units Cost Quantity Cost
1 Storm Sewer Ft Variable (5) 0 $0
2 Stonn Inlets Each $2,500 0 $0
3 Swales (1) (2) Ft $25 13,728 $343,200
4 Road/Driveway Repair Sq Yd $20 0 $0
5 Excavation/Earthwork CuYd $12 0 $0
6 Curb Replacements/Installation Ft $10 0 $0
7 Exfiltration Trench Ft $250 0 $0
8 Water Quality Treatment Unit (6) Each $15,000 0 $0
9 Install/Repair Drain Well Each $5,000 0 $0
10 Roof Drain Treatment Areas Each $1,500 0 $0
11 Porous Pavement SqYd $20 1,017 $20,300
Subtotal 1 ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $363,500
Contingency (30% of Subtotal 1) (3) $109,100
Subtotal 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $472,600
Engineerin?;- Survey, & Permitting (15 % of Subtotal 2) $70,900
TOTAL COST (4) $543,500
(1) Residential/Roadway swale costs include excavation, sod or landscaping.
Commercial swale costs include excavation, inlets, pipes, barricades, and landscaping.
(2) This does not include land acquisition costs for swales not in existing rights-of-way.
(3) Includes contracor's overhead and profit as well as mobilization and standard
contingencies.
(4) All costs are in 2001 dollars. Costs include only stonnwater related infrastructure.
Replacement or rehabilitation of non-stormwater infrastrucure is not included.
(5) Generally between $2.00 and $3.25jfootjin diameter depending on pipe size.
(6) Unit cost based upon sizing for tributary area of 10 acres or less.
COM C\n\P On::~1 &. M.:Kee [l;)C
SMlvU' Costs for Problem Areas.xls
6. Rockland Channel to Shark Channel
7. Rockland Channel to Shark Channel
8. Rockland Channel to Shark Channel
9. Rockland Channel to Shark Channel
U. S.1- RESURFACING - North Harris Channel to Park Channel
Description of Problem Area
This section of the Overseas Highway is scheduled for resurfacing by the Florida Depanment of
Transportation in 2003. The highway is a two lane, not divided section with a substantial
mangrove growth on either side of the highway. It is approximately one mile in length and
528,000 sJ in area, of which 232,320 s.f. is impervious, resulting in a "c" factor of 0.47. Photos
13, 14 & 15 depict the study area. It is assumed that the FDOT will perform the work in the same
manner as current resurfacing projects, I.e., with a 2' grass strip adjacent to the pavement and a
4' striped asphalt shoulder. No sodding will be placed on the side slopes. The roadway shoulders
in this area have been repaired with millings from previous projects and form an impervious
surface.
Recommended Improvements
· Widen the paved shoulder to 6' to eliminate parking on the grass.
· Swale the shoulder at the edge of pavement. This should be a "v" shaped swale, l'
deep with 3: 1 side slopes, right-of-way permitting. These swales will provide 1.45
ac. ft. of total storage.
· Remove all milling material and replace with lime rock.
· Vegetate the swales and the side slopes where grass is missing.
· Use porous asphalt (Friction Course) for the new surface.
At the present time, there is a treatment volume required of 1.4 inches. The proposed
improvements would provide a level of treatment of 1.45 inches and provide a 96% volume
capture. The cross-section sketch below shows the proposed improvements. The estimated
capital cost of these improvements is presented in the Capital Cost Summary.
U.S. 1 RESURFACING - North Harris Channel to Park Channel
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Monroe County Stormwater Master Plan
Capital Cost Summary
USl North Harris Channel to Park Channel
Unit Total
Item Units Cost Quantity Cost
1 Storm Sewer Ft Variable (5) 0 $0
2 Storm Inlets Each $2,500 0 $0
3 Swales (1) (2) Ft $25 10,560 $264,000
4 Road! Driveway Repair Sq Yd $20 0 $0
:5 Excavation/ Earthwork Cu Yd $12 0 $0
6 Curb Replacements/Installation Ft $10 0 $0
7 Exfiltration Trench Ft $250 0 $0
8 Water Quality Treatment Unit (6) Each $15,000 0 $0
9 Install/Repair Drain Well Each $5,000 0 $0
10 Roof Drain Treatment Areas Each $1,500 0 $0
11 Porous Pavement SqYd $20 782 $15,600
Subtotal 1 ................................................................ $279,600
Contingency (30% of Subtotal 1) (3) $83,900
Subtotal 2 . . . . . . . . . . . . ........ , - -.......'.......................,........, $363,500
Engineering, Survey, & Permitting (15 % of Subtotal 2) $54,500
TOTAL COST (4) $418,000
(I) Residential/Roadway swale costs include excavation, sod or landscaping.
Commercial swale costs include excavation, inlets, pipes, barricades, and landscaping.
(2) This does not include land acquisition costs for swales not in existing rights-of-way.
(3) Includes contracor's overhead and profit as well as mobilization and standard
contingencies.
(4) All costs are in 2001 dolJars. Costs include only stormwater related infrastructure.
Replacement or rehabilitation of non-stormwater infrastrucure is not included.
(5) Generally between S2.00 and S3.25/foot/in diameter depending on pipe size.
(6) Unit cost based upon sizing for tributary area of 10 acres or less.
CDM C1mrr'>r-,_'rSo.!\l.:i<.:",'ln.:
SMMP Costs for Problem Areas.xIs
13. North Harris Channel to Park Channel
14. North Harris Channel to Park Channel
15. North Harris Channel to Park Channel
u. S. 1- RESURFACING - Bow Channel to East side of Cudioe Kev
Description of problem Area
This section of the Overseas Highway is scheduled for resurfacing by the Florida Department of
Transportation in 2003. The highway is a two lane, not divided section with substantial
mangrove growth along the bay side. It is approximately 2.5 miles in length and 1,980,000 s.f. in
area, of which 844,800 d. is impervious resulting in a "C" factor of 0.46. Photos 16 & 17 depict
the study area. It is assumed that the FDOT will perform the work in the same manner as current
resurfacing projects, i.e., with a 2' grass strip adjacent to the pavement and a 4' striped asphalt
shoulder. No sodding will be placed on the side slopes. The roadway shoulders in this area have
been repaired with milling s from previous projects and form an impervious surface.
Recommended Improvements
· Widen the paved shoulder to 6' to eliminate parking on the grass.
· Swale the shoulder at the edge of pavement. This should be a "V" shaped swale, l'
deep with 3: 1 side slopes, right-of-way permitting. These swells will provide 3.64 ac.
ft. of total storage.
· Remove all milling material and replace with lime rock.
· Vegetate the swale and side slopes where grass is missing.
· Use porous asphalt (Friction Course) for the new surface.
At the present time, there is a treatment volume required of 1.46 inches. The proposed
improvements would provide a level of treatment of 0.96 inches and provide a 96% volume
capture. The cross-section sketch below shows the proposed improvements. The estimated
capital cost of these improvements is presented in the Capital Cost Summary.
U.S. 1 RESURFACING - Bow Channel to East side of Cudjoe Kev
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Monroe County Stormwater Master Plan
Capital Cost Summary
USl Bow Channel to East Side of Cudjoe Key
Unit ToW
Item Units Cost Quantity Cost
1 Storm Sewer Ft Variable (5) 0 $0
2 Storm Inlets Each $2,500 0 $0
3 Swales (1) (2) Ft $25 26,400 $660,000
4 Road/Driveway Repair 5q Yd $20 0 $0
5 Excavation/Earthwork Cu Yd $12 0 $0
6 Curb Replacements/ Installation Ft $10 0 . $0
7 Exfiltration Trench Ft $250 0 $0
8 Water Quality Treatment Unit (6) Each $15,000 0 $0
9 Install/Repair Drain Well Each $5,000 0 $0
10 Roof Drain Treatment Areas Each $1,500 0 $0
11 Porous Pavement SqYd $20 1,956 $39,100
Subtotal 1 ...........,. ..... . . - -.......................................... $699,100
Contingency (30% of Subtotal 1 ) (3) $209,700
ISubtotal 2 ... . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $908,800
Engineering, Survey, & Permitting (15 % of Subtotal 2) $136,300
TOTAL COST (4) $1,045,100
(1) Residential/Roadway swale costs include excavation, sod or landscaping.
Commercial swale costs include excavation, inlets, pipes, barricades, and landscaping.
(2) This does not include land acquisition costs for swales not in existing rights-of-way.
(3) Includes contracor's overhead and profit as well as mobilization and standard
contingencies.
(4) All costs are in 2001 dollars. Costs include only stormwater related infrastTucture.
Replacement or rehabilitation of non-stormwater infrastTucure is not included.
(5) Generally between 52.00 and 53.25/foot/in diameter depending on pipe size.
(6) Unit cost based upon sizing for tributary area of 10 acres or less.
CDM umrt"lt''''.......! &. 1>.1.:k(."C 11\(,:.
SMMP Costs lor Problem Areas.xls
16. Bow Channel to East Side of Cudjoe Key
17. Bow Channel to East Side of Cudjoe Key
OVERSEAS HIGHWAY - MM 66 - Bavside Parking Area
Description of Problem Area
This is a turnout and parking area, unpaved and separated from the Bay by a low wall. Water
from the overseas Highway is trapped behind the wall and stagnates. Photo 18 depicts the study
area. It appears that tidal water does not come over the wall. This area is approximately 31,500
s.f., of which 7,200 s.f. is impervious resulting in a "C" factor of 0.29. The side slopes from the
Overseas Highway are for the most part, grassed, with the exception of an area between the
shoulder strip of sod and the grass slopes. This area is exposed lime rock.
Recommended Improvements
. The area at the toe of highway slope should be filled to eliminate flooding.
. A small swale should be created at the toe of slope. This swale would be "V" shaped,
l' deep with 3: 1 side slopes. This will provide 0.06 ac. ft'. of total storage.
. Vegetate the area not used for drives and parking.
At the present time, there is a treatment volume required of 0.29 inches, The proposed
improvements would provide a level of treatment of 0.87 inches and provide a 95% volume
capture. The cross-section sketch below shows the proposed improvements. The estimated
capital cost of these improvements is presented in the Capital Cost Summary.
OVERSEAS HIGHWAY - MM 66 - Bayside Parking Area
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Monroe County Stormwater Master Plan
Capital Cost Summary
USl Bayside Parking Area at MM66
Unit Total
Item Units Cost Quantity Cost
1 Storm Sewer Ft Variable (5) 0 $0
2 Storm Inlets Each $2,500 0 $0
3 Swales (1) (2) Ft $25 450 $11,300
4 Road/Driveway Repair SqYd $20 0 $0
5 Excavation/Earthwork CuYd $12 0 $0
6 Curb Replacements/Installation Ft $10 0 $0
7 Exfiltration Trench Ft $250 0 $0
8 Water Quality Treatment Unit (6) Each $15,000 0 $0
9 Install/Repair Drain Well Each $5,000 0 $0
10 Roof Drain Treatment Areas Each $1,500 0 $0
11 Porous Pavement Sq Yd $20 0 $0
Subtotal 1 .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,300
~ontingency (30% of Subtotal 1) (3) $3,400
:,ubtotal 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $14,700
Engineering, Survey, & Permitting (15 % of Subtotal 2) $2,200
TOTAL COST (4) $16,900
(1) ResidentialjRoadway swale costs include excavation, sod or landscaping.
Commercial swale costs include excavation, inlets, pipes, barricades, and landscaping.
(2) This does not include land acquisition costs for swales not in existing rights-of-way.
(3) Includes contracor's overhead and profit as well as mobilization and standard
contingencies.
(4) All costs are in 2001 dollars. Costs include only stormwater related infrastructure.
Replacement or rehabilitation of non-stormwater infrastrucure is not included.
(5) Generally between $2.00 and $3.25/ foot/ in diameter depending on pipe size.
(6) Unit cost based upon sizing for tributary area of 10 acres or less.
CDM Wmp l.)n:l.lI<;f & Md(,ec: IN:.
SMMP Costs for Problem Areas.xls
18. Overseas Highway · MM 66 · Bayside Parking Area
Contract No.:
~~^^~-~-~-,-,~,--
Catalog of State Financial Assistance No.: 55.023
Financial Project 1D No: 408292-2-58-0]
EXHIBIT 'c'
COUNTY RESOLUTION
To be attached hereto and incorporated herein once ratified by the Monroe County Board of
County Commissioners.
Page 1501'20
A RESOLUTION OF COUNTY COMMISSION
OF MONROE COUNTY APPROVING A JOINT PARTICIPATION
WITH D.O. T. TO COMPLETE
MANAGEMENT IMPROVEMENTS
WHEREAS, Monroe County is planning to undertake, over a period of years, a
process of permitting, design and construction of stormwater improvements; and
WHEREAS, the Florida Department of Transportation desires to improve drainage
along the US. Highway I corridor in Monroe County; and
WHEREAS, the Florida Department of Transportation and the Monroe County Board
County Commissioners desire to combine resources to efficiently and economically
improve stormwater drainage within the right-of-way along the US. Highway 1 corridor in
Monroe County;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
COUNTY COMMISSION OF MONROE COUNTY, FLORIDA, that:
1. The Joint Participation Agreement with the Florida Department of Transportation for
the construction of various stormwater structural improvements on areas of US.
Highway 1, which agreement has the State identifier No. 408292-2-58-01, is hereby
approved.
2. Mayor is hereby authorized to execute said agreement on behalf of Monroe
County.
This resolution shall become effective
date of its adoption
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said board held on July 20, 2005.
Mayor Spehar
Mayor Pro Tern
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
ATTEST:
DANNY L.
Contract No.:
~""""~.,._,~,.
Catalog of State Financial Assistance No.: 55.023__
Fmanclal Project ID No:~_ 408292-2-58-01
EXHIBIT 'D'
ENVIRONMENT AL IMPACT REVIEW CHECKLIST
A. SOCIAL AND ECONOMIC IMP ACTS
o Land Use Changes
o Community Services
o Residences and Busincsses
o Utilities
B. CULTURAL AND HISTORICAL RESOURCES
o Historical Resources
o Existing or Planned Pedestrian or Bicyclc Facilities
o Park and Recreational Facilities
o Scenic Highways
C. NATURAL ENVIRONMENT
o Wetlands
o Aquatic Preserves
o Water Quality
o Outstanding Florida Waters
o National Marine Sanctuaries
o Floodplains
o Coastal Zone Consistency
o Endangered Species
o Other Wildlife and Their Habitats
D. PHYSICAL IMPACTS
o Noise
o Air
o Construction
o Contamination
E. PERMITS REQUIRED:
F. WETLANDS FINDING (Executive Order 11990):
Page 16 of 20
Contract No.:
~._~
Catalog of State Financial Assistance No.: 55.023___
Financial Project ID No: _ _ 408292-2-58-01
EXHIBIT 'E'
AUDIT REPORTS
The administration of resources awarded by the DEPARTMENT to the COUNTY may be subiect to audits
and/or monitoring by the DEPARTMENT, as described in this section. For further guidance, see the Executive
Office of the Governor web site, which can be found at: www.fssa.state.flus.
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
DEP AR TMENT 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 D EP AR TMENT. In the event the D EP AR TMENT 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 COUNTY regarding such audit. The COUNTY further agrees to comply
and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer
(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-
133, as revised) are to have audits done annually using the following criteria:
I. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003)
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 1 to this
agreement indicates Federal resources awarded through the DEPARTMENT by this agreement. 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-I33, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-I33, as revised.
3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) 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 $300,000 ($500,000 for fiscal
years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit
Page 17 of20
Contract No.:
Catalog of State Financial Assistance No.:
Financial Project ID No:
55.023
-""~
408292-2-58-01
conducted in accordance with the provisions ofOMB 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).
4. 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.
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits
done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$300,000 ($500,000 for fiscal years ending on September 30, 2004, and thereafter) 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 Executive Office of the Governor and the CFO; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the
DEP ARTMENT by this agreement. 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 nons tate entities. State financial assistance does not
include Federal direct or pass-through awards and resources received by a nons tate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, 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)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $300,000 in state financial assistance in its fiscal year ($500,000 for fiscal
years ending on September 30, 2004, and thereafter), 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 $300,000
($500,000) in state 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
entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other
than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title and number,
award number and year, and name of the state agency awarding it.
P ART III: OTHER AUDIT REQUIREMENTS
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.
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 FDOT, 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.
Page 18 of20
Contract
Catalog of State Financial Assistance No.:
FmancIal Project ID No:
55.023
408292-2-58-01
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I 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 each of the following addresses:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
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 lOth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB
Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
DEP ARTMENT 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 (e)(2) and a copy of the recipient's audited
schedule of expenditures of Federal awards directly to each of the following:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
In addition, pursuant to Section .320 (t), 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 DEP AR TMENT at each of the following addresses:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The DEPARTMENT at each ofthe following addresses:
Florida Department of Transportation
1000 Northwest III Avenue
Miami, Florida 33172
Page 19 of20
Contract
Catalog of State Financial Assistance No.:
Fmanelal Project 10 No:
55.023
408292-2-58-0
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies ofreports or the management letter required by PART III of this agreement shall be submitted by or on
behalf of the recipient directly to:
A. The DEPARTMENT at each of the following addresses:
Florida Department of Transportation
1000 Northwest 111 Avenue
Miami, Florida 33172
5. Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant
to this agreement shall be submitted timely in aecordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
6. 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.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of at least five 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 years from the date the audit report is issued, unless
extended in writing by the DEPARTMENT.
Page 20 of 20