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02/16/2022 Agreement sap•'°" -°4.°qg Kevin Madok, CPA %.11),1 Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: February 18, 2022 TO: Patricia Eables,Assistant County Attorney County Attorney's Office FROM: Pamela G. Hancoli).C. SUBJECT: February 16th BOCC Meeting Attached is an electronic copy of the following item for your handling: C34 Interlocal Agreement between Monroe County and the City of Key West to increase bike and pedestrian amenities on certain County property along the US 1 corridor as part of a"Final Mile" FDOT grant of$510,000.00 awarded to Key West. Twelve of the selected locations are owned by Monroe County. Only minimal costs to the County for future maintenance of bike fix-it stations. Should you have any questions please feel free to contact me at(305) 292-3550. cc: Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330' 305-294-4641 305-289-6027 305-852-7145 305-852-7145 FINAL MILE INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into as of this 16th day of February , 2027, between Monroe County, a political subdivision of the State of Florida (hereinafter, COUNTY) and the City of Key West, a municipal corporation organized and existing under the laws of the State of Florida(hereinafter,the CITY). WITNESSETH: WHEREAS,the City of Key West was awarded the"Final Mile" Florida Department of Transportation(FDOT) grant to increase bike and pedestrian amenities along the US 1 corridor; and WHEREAS,in pursuing this grant,the City of Key West committed its own funds towards site plans and federal permitting processes for these amenities,regardless of their jurisdiction;and WHEREAS,both Monroe County and the City of Key West recognize that these amenities will help alleviate traffic congestion and increase safety along the US1 corridor;and WHEREAS,the areas listed below are within the jurisdiction of Monroe County;and WHEREAS, Monroe County is responsible for the maintenance of their own parks, properties,and right of ways;and WHEREAS,this Interlocal Agreement is subject to the terms and conditions of the Local Agency Program Agreement("LAP Agreement"), No. 446126-1-58-01, between FDOT and the City of Key West,which has been executed by the City of Key West and is attached as Exhibit A, for the amenities to be provided under the abovementioned "Final Mile" Grant; NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree as follows: 1. The City of Key West will publicly advertise the project for bidding and enter into a contract with a construction contractor to purchase and install the following Public Area Fix-it Stations and Bus Stop Amenities at the locations designated below within Monroe County as shown on the site plans in Attachment"B",which is attached hereto and made a part hereof: A. Public Area Fix-it Stations • Site 05)Harvey Government Center • Site 64)Gato Building • Site 77)Big Coppitt Firehouse • Site 78)Sugarloaf Firehouse • Site 80)Big Pine Key Park • Site 82)Marathon Government Center • Site 88)Murray Nelson Government Center Final Mile Grant, ILA Page 1 of 8 B. Bus Stop Amenities: All include a hailing light and bus map attached to existing signage pole,with a trash can and/or recycling bin. • Site 23) 5th Street& 5th Avenue Eastbound • Site 24) 5th Street&5th Avenue Westbound • Site 25)Maloney Avenue and MacDonald Avenue • • Site 26)Maloney Avenue and 1st Street • Site 22)Cross Street and 5th Avenue-Also includes two (2)bike racks 2. Any reference in this Agreement to "Amenities" shall refer to the Bus Stop Amenities as described in paragraph 1.B. and shall not include Public Area Fix-it Stations as described in paragraph 1.A. 3. Monroe County will have the opportunity to review, comment, and provide feedback on the selected locations and the amenities. 4.The Work will be performed in accordance with Florida Department of Transportation standards and applicable building codes. 5. The City will submit copies of"as-built"plans to Monroe County. The contract for construction will be between the City of Key West and its Contractor; Monroe County may monitor the work, but is not a party to the contract. 6. Monroe County will assume ownership and maintenance responsibility of the fix-it stations after acceptance of the improvements by the City upon issuance of a certificate of fmal completion of the work to the Contractor. 7.The City of Key West will provide to Monroe County one(1) extra set of tools per fix-it station in case of vandalism. 8. The City of Key West's Department of Transportation will be responsible for cleanliness, maintenance, and repairs for all amenities located at bus stops. 9. This Agreement in no way relieves or alters the City's liability or responsibility regarding its bus stops related thereto, nor does this alter Monroe County's liability or responsibility regarding maintenance of their parks,properties, or roads. 10. This Agreement shall become effective immediately upon execution and shall continue as long as the amenities remain in place or until termination under other provisions of this Interlocal Agreement. 11. In the event of any failure of compliance by either party hereto with any of its material obligations to the other party as provided for herein such action shall constitute a default under this Agreement. 12. Upon any such default,the non-defaulting party shall provide to the defaulting party a written Notice of such default, which Notice (a "Default Notice") shall state in reasonable detail the actions the defaulting party must take to cure the same. The defaulting party shall cure any such default,within thirty(30) days following the date of the Default Notice. Final Mile Grant, ILA Page 2 of 8 13. Notwithstanding the provisions of this Section, if any such default by the defaulting party remains uncured at the conclusion of any specified thirty(30) day cure period, and if the nature of the defaulting party's obligations are such that more than thirty(30) days is required to effect cure,then the defaulting party shall not be in default hereunder and the non-defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. 14. In the event the defaulting party fails to affect any required cure as provided for herein, the defaulting party shall be deemed to be in uncured default hereunder,and the non-defaulting party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to terminate this Agreement. 15. If such Notice is given,this Agreement shall terminate on the date set forth in the Notice and the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that expressly survive termination. 16. COUNTY, as a political sub-division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the CITY or COUNTY and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. CITY, as a political sub-division of the State of Florida, as defined in Section 768.28, Florida Statutes,agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the CITY or COUNTY and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. 17. Notices. All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing and addressed as follows,or to any other address which either party may designate to the other party by mail: If to County: County Administrator Monroe County Historic Gato Building 1100 Simonton Street, Suite 2-205 Key West, Florida 33040 With a copy to: County Attorney Final Mile Grant, ILA Page 3 of 8 1111 121 Street, Suite 408 Key West, Florida 33040 If to City: Patti McLauchlin City Manager P.O.Box 1409 Key West,Florida 33041 With a copy to: Shawn Smith,Esq. City Attorney P.O.Box 1409 Key West,Florida 33041 Any Notice required by this Agreement to be given or made within a specified period of time,or on or before a date certain, shall be deemed to have been duly given if sent by certified mail,return receipt requested,postage and fees prepaid;hand delivered;or sent by overnight delivery service. 18. Attorneys Fees and Waiver of Jury Trial. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 19. Adjudication of Disputes or Disagreements COUNTY and CITY agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties.If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 20. Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CITY agree to participate, to the extent required by the other party, in all proceedings, hearings, processes,meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CITY specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Final Mile Grant, ILA Page 4 of 8 21. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe County, Florida, Lower Keys Division of the Circuit Court or the Southern District of Florida. This Agreement is not subject to arbitration. 22. Entire Agreement/Modification/Amendment. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent,employee,or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 23. Nonassignability. This Agreement shall not be assignable by either party unless such assignment is first approved in writing by both parties. 24. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shalllnot be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 25. Independent Contractor. The CITY and its employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractors and not agents or employees of the COUNTY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise, or venture between the parties. 26. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the termsof this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation,breach or wrongful conduct 27. Funding. The parties agree that the CITY's responsibility under this Agreement is to provide funding for all initial installation of the amenities and assume maintenance of those amenities at bus stops as set forth herein so long as the amenities remain in place at each site. Final Mile Grant, ILA Page 5 of 8 28. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 29. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, all of which taken together shall constitute one and the same instrument. 30. Florida Code of Ethics. The parties agree that their offices and employees will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, F.S.,regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized, compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 31. Non-Waiver of Immunity. Notwithstanding the provisions of Section 786.28,F.S.,the participation of the COUNTY and the CITY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the COUNTY or the CITY be required to contain any provision for waiver. 32. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,workers' compensation, and other benefits which apply to the activity of officers, agent, or employees of any public agents or employees of the COUNTY or the CITY,when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents,volunteers, or employees outside the territorial limits of the County. 33. Legal Obligations and Responsibilities. This Agreement is not intended to,nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further,this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of either party, except to the extent permitted by law. Final Mile Grant, ILA Page 6 of 8 34. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CITY agree that neither the COUNTY nor the CITY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community or general or for the purposes contemplated in this Agreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Final Mile Grant, ILA Page 7 of 8 TN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first written above. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA . /0,25"........— ` � ' '' BY: 61 5 Mayor/Chairperson „fe_ , a J pt Y 3 ` r OGThe �`` r J?G - ,.t:' KEVIN MADOK, CLERK BIc- 64 tiAs Deputy Clerk Approved as to form: Lu r f-- P..... -- BY: 4L/f/Z2 I,. Y y,,L_ COUNTY ATTORNEY'S r. ,1 OFFICE A.: THE CITY OF KEY WEST,FLORIDA (City Seal) ( e / _ 9'.e-di ,,, i 0 ,`' ®,� Te ' Johnst .r • 1-1 _0 ,1 i tr, . * *Isi .01,0 (iv „..., ,..st,7, 0,:::_____„4„) ,tv.. ticet.;,..w.„.-;;,....i.o.,,,.. ci-;--_,,. .:?,.,.--ii,o,‘„,,, _____,,,,„„, Approved as to form: BY:_ _ CI ATTORNEY'S OFFICE Final Mile Grant, ILA Page 8 of 8 EXHIBIT 'A' DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525NT LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEM E5NT OGC/OOC—05/21 Page 1 of 16 FPN:446126-1-58-01 FPN: FPN: Federal No(FAIN): D620-045-B Federal No(FAIN): Federal No(FAIN): Federal Award Date: Federal Award Date: Federal Award Date: Fund: Fund: Fund: Org Code: Org Code: Org Code: FLAIR Approp: FLAIR Approp: FLAIR Approp: FLAIR Obj: FLAIR Obj: FLAIR Obj: County No:90 Contract No: Recipient Vendor No:VF596000346036 Recipient DUNS No: 079864898 Catalog of Federal Domestic Assistance(CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is entered into on , by and between the State of Florida Department of Transportation, an agency (This date to be entered by DOT only) of the State of Florida("Department"), and City of Key West("Recipient"). NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in CITY OF KEY WEST- FINAL MILE MODE SHIFT BIKE FACILITIES FOR BUS RTS, as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Recipient agrees to complete the Project on or before 09/30/2024. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the term of this Agreement will not be reimbursed by the Department. 4. Project Cost: a. The estimated cost of the Project is $490,441.50. This amount is based upon the Schedule of Financial Assistance in Exhibit"B", attached to and incorporated in this Agreement. Exhibit"B" may be modified by mutual execution of an amendment as provided for in paragraph 5.i. b. The Department agrees to participate in the Project cost up to the maximum amount of$510,000.00 and as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. The Department's participation may be increased or reduced upon determination of the actual bid amounts of the Project by the mutual execution of an amendment. The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in connection with the completion of the Project. c. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525N LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEEMMEENTT OGC/OOC—0521 Page 2 of 16 i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in paragraphs 5.1. and 5.m. of this Agreement; iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit"A". b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit"A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "H", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525N0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEEMMEENT OGC/OOC—05/21 Page 3 of 16 unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non- performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s)during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516. h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon determination of the Recipient's contract award amount. j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. I. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit"B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing,when funds are available. m. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM5250 MANAGEMENTE LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-05/21 Page 4 of 16 "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than 1 year." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7. General Requirements: The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement.Time is of the essence as to each and every obligation under this Agreement. a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions: DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525N0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEEMMEENT OGC/OOC—05121 Page 6 of 16 i. Administers inherently governmental project activities, including those dealing with cost,time, adherence to contract requirements, construction quality and scope of Federal-aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud,waste, and abuse; vi. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and consultant staff at all stages of the Project. b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the FHWA removing any unbilled funding or the loss of state appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Recipient waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred under this Agreement until after the Recipient has received a written NTP from the Department. The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, the Department District LAP Administrator should be notified as soon as possible. c. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will have to request repayment for the previously billed amounts from the Recipient. No state funds can be used on off-system projects, unless authorized pursuant to Exhibit "I", State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Recipient to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements,to enable the Recipient to provide the necessary funds for completion of the Project. f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such submissions using Department-designated information systems. g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable ' federal and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525NT LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEEMMEENT OGC/OOC—05/21 Page 6 of 16 policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost(23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90 days of written notice. h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —Audit Requirements, monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer("CFO"), or State of Florida Auditor General. b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F—Audit Requirements, the Recipient must have a federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200, Subpart F—Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements. DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525EI E -40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/00C-05,21 Page7of15 ill In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F—Audit Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year. However; :the Recipient must provide a single audit .exemption statement to the Department at FDOTSinaleAuditadot.state.fi us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient expends:less than the threshold established by 2 CFR Part:200, Subpart F - Audit Requirements, in:federal awards in a fiscal year and elects.to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements; the cost of the audit must be paid from non-federal resources (Le., the cost of such an audit must be paid from the Recipient's resources obtained from other than federal entities). iv. The Recipient must electronically submit to the Federal Audit Clearinghouse . .("FAC") at httpa://hariiester.cenaus.gov/facweb/the audit reporting package as required by 2 CFR Part 200, Subpart F— Audit:Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period:The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F -Audit Requirements; and this.Agreement: However, the Department requires a copy of the audit reporting package also, be submitted to FDOTSingleAudit(a)_dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's: report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F-Audit Requirements. v. Within six months of acceptance of the audit report by the FAG, the Department will review the Recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in accordance with 2 CFR Part 200,Subpart F—Audit Requirements, the Department may impose additional conditions to remedy. noncompliance: If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate action s to enforce compliance;which actions may include but not be limited to the following: 1.. Tempora rily withhold cash payments pending correction of the deficiency by the Recipient or more severe enforcement action by the Department; 2: : Disallow (deny:both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly.suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding:agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the:Project-or program; 6.: Take other remedies that may be legally available. vi. As a condition of receiving this federal:award, the Recipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers, and project records as.necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAuditOdot.state.fl.us c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO, or State of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 PROGRAM MANAGEMENTT LOCAL AGENCY PROGRAM AGREEMENT OGGOOC-05/21 Page 8 of 15 9. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of- way will become the property of the Department and will be turned over promptly by the Recipient. d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to comply with the Public Records provisions of Chapter 119, Florida Statutes. 10. Contracts of the Recipient: a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction 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. The Department-specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit "G", FHWA 1273 attached to and incorporated in this Agreement. The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling public is the Department's first priority for the Recipient. If lane or road closures are required by the LA to ensure the life, health, and safety of the travelling public, the LA must notify the District Construction Engineer and District Traffic Operations Engineer immediately once the travelling public are not at DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION525 -40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENTE OGC/OOC-05/21 Page 9 of 15 imminent risk. The Department expects professional engineering judgment be applied in all aspects of locally delivered projects. Defect management and supervision of LAP project structures components must be proactively managed, monitored, and inspected by department prequalified structures engineer(s). The District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project construction, whether or not the defects are considered an imminent risk to life, health, or safety of the travelling public. When defects, including but not limited to, structural cracks, are initially detected during bridge construction, the engineer of record, construction engineering inspector, design-build firm, or local agency that owns or is responsible for the bridge construction has the authority to immediately close the bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns. 11. Disadvantaged Business Enterprise(DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Recipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than 30 days after final acceptance. a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Recipient failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, and the Department did not have to exceed the minimum oversight and monitoring requirements identified for the project. b. The District will determine which functions can be further delegated to Recipients that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions,Controls, and Labor Provisions: During the performance of this Agreement,the Recipient agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525N LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEEMMEENTT OGC/OOC—05/21 Page 10 of 16 a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964,the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Recipient pursuant thereto. The Recipient shall include the attached Exhibit"C", Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964,49 C.F.R. Part 21, and related statutes and regulations. b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal Government issued thereunder, and assurance by the Recipient pursuant thereto. c. 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. d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. f. Neither the Recipient 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 Recipient or the locality during tenure or for 2 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 tenure any such interest, and if such interest is immediately disclosed to the Recipient, the Recipient,with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Recipient or the locality relating to such contract, subcontract or arrangement. The Recipient 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 Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 15. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION525 -40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENTE OGC/OOC—05/21 Page 11 of 15 for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of the Department's or Recipient's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by[ENTITY]. The foregoing indemnification shall not constitute a waiver of the Department's or[RECIPIENT']'s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term 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 $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way,the Recipient ® shall DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525N LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEEMMEENTT OGC/OOC—05/21 Page 12of15 ❑ shall not maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient_shall, prior to any disbursement of the state funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination of this Agreement. 17. Miscellaneous Provisions: a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits. The Recipient shall include in all contracts and subcontracts for amounts in excess of$150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. c. In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. d. 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. e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient 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 Recipient a written approval with any approved portions of the Project and comments or recommendations covering 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 Recipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION525 -40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENTE OGCIOOC—0521 Page 13 of 15 I. The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Recipient's facility, adequate title is in the Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose. j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Recipient, 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 federally-appropriated funds have been paid by the Recipient 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 Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Recipient shall require that the language of this paragraph 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. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. I. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. m. The Recipient shall: I. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the term of the contract; and ii. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. p. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 18. Exhibits: a. Exhibits"A", "B", "C", "D", "E" and "F" are attached to and incorporated into this Agreement. b. ® If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is attached and incorporated into this Agreement. DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENTE OGC/OOC—05/21 Page 14 of 16 c. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. ❑ State funds are used on this Project. If state funds are used on this Project, then Exhibit "I", State Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial Assistance(Florida Single Audit Act), is attached and incorporated into this Agreement. e. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this Agreement. f. ❑ This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit"L", Landscape Maintenance, is attached and incorporated into this Agreement. g. ❑This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit "M", Roadway Lighting Maintenance is attached and incorporated into this Agreement. h. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit "N", Traffic Signal Maintenance is attached and incorporated into this Agreement. i. ❑ A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit "0", Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement. j. ❑The following Exhibit(s)are attached and incorporated into this Agreement: k. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C:Title VI Assurances Exhibit D: Recipient Resolution Exhibit E: Federal Financial Assistance(Single Audit Act) Exhibit F: Contract Payment Requirements *Exhibit G: FHWA Form 1273 *Exhibit H:Alternative Advance Payment Financial Provisions *Exhibit I: State Funds Addendum * Exhibit J: State Financial Assistance(Florida Single Audit Act) *Exhibit K:Advance Project Reimbursement *Exhibit L: Landscape Maintenance *Exhibit M: Roadway Lighting Maintenance *Exhibit N: Traffic Signal Maintenance *Exhibit 0: Terms and Conditions of Construction in Department Right-of-Way *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. DocuSign Envelope ID:BC56F435-5B05-4F06-BB15=DC4067579E64 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT c osai PROGRAM MA OGC/00. Page 16of1 . IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year written above. RECIPIEE OF KEY WEST STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION By: l �/ B Name: Patti McLauchlin : Name: Title:City Manager . . : : Title:. Legal Review:.. DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 Alt Form 525-01040A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OA LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 0521 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 446126-1-58-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and City of Key West(the Recipient) PROJECT LOCATION: ❑The project is on the National Highway System. ®The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: Along US-1: Mile Marker 1.1 (Harvey Government Center) to 102.1 (Murray Nelson Government Center). PROJECT DESCRIPTION: Construction of bicycle infrastructure including: concrete pads, bike racks, bicycle fix-it stations and bike lockers at various locations within the City of Key West, FDOT right of way and Monroe County. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A . b) Design to be completed by 1/31/22 . c) Right-of-Way requirements identified and provided to the Department by 9/14/21Along . d) Right-of-Way to be certified by 12/9/21 . e)Construction contract to be let by 6/30/22 . f) Construction to be completed by 4/30/23 . If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: Page 1 of 1 DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 Alt Form 525-010-40B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0B LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 1 EXHIBIT B SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME&BILLING ADDRESS: FINANCIAL PROJECT NUMBER: CITY OF KEY WEST 446126-1-58-01 1300 White Street Key West, FL 33040 MAXIMUM PARTICIPATION (1) TOTAL (2) (3) (4) PHASE OF WORK By Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE FUNDS FEDERAL FUNDS Design-Phase 38 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Design Cost $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 Right-of-Way-Phase 48 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ _ $ $ $ Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Construction-Phase 58 FY: 2022 (Local Agency Programs) $555.000.00 $45.000.00 $ $510.000.00 FY: (Local Agency Programs) $ $ $ $ FY: (Local Agency Programs) $ $ $ $ Total Construction Cost $555,000.00 $45,000.00 $ 0.00 $510,000.00 Construction Engineering and Inspection(CEI)-Phase 68 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ _ $ $ • $ Total CEI Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 (Insert Phase) FY: &sert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ , $ $ $ Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $555,000.00 $45,000.00 $ 0.00 $510,000.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475,FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable,reasonable,and necessary as required by Section 216.3475,F.S.Documentation is on file evidencing the methodology used and the conclusions reached. Xiomara Nunez, MBA District Grant Manager Name Signature Date DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 Alt Form 525-010-40C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0C LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 2 EXHIBIT C TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest(hereinafter collectively referred to as the"contractor")agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub-contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub-contract, including procurements of materials or leases of equipment, each potential sub-contractor or,supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race,color, national origin,or sex. (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or • DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 525-011-0C PROGRAM MANAGEMENT 05/21 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including,but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies,and/or b. cancellation,termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)through (7) in every sub-contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. §47123)(prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 Alt Form 525-010-40D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OD LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 1 EXHIBIT D RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. DocuSign Envelope ID:BC56F435-5B05-4F06=BB15=DC4067579E64 Alt Form 525-010-40E . . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. 525-011-OE. LOCAL AGENCY PROGRAM AGREEMENT : M PROGRAMMANAGEMENT 05/21 Page lofl EXHIBIT E. FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES.AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA:No.:: : 20.205 CFDA Title:: Highway Planning and Construction:. Federal-Aid Highway Program, Federal Lands Highway Program CFDA Program httpsalbeta.sam.00v/fall1093726316c3409a8e50f4c75f5ef2c6/view?kevwords=20.205&sort== Site: relevance&index=cfda&is active=true&pale=1 Award Amount: . $510,000.00 Awarding : Florida Department of Transportation Agency: Award isfor No R&D: .. Indirect Cost N/A Rate: FEDERAL RESOURCES AWARDED PURSUANT TO.THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING: 2 CFR Part 200-Uniform Administrative Requirements, Cost Principles&Audit Requirements for Federal Awards. http://www.ecfr.bovicai-bin/text-idx?node=2:1.1.2.2.1 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING:. Title 23-Highways, United States Code http://uscode:house.gov%browse/Dreliimatitle23&edition=prelim. Title 49—Transportation; United States Code http://uscode.house.gov/browse/prelimatitle49&edition=prelirn Map-21 —Moving Ahead for Progress in.the 21st Century., Public Law 112-141 http://www:apo.qov/fdsys/pkq/PLAW-112pub1141/pdf/PLAW-112pub1141:pdf Federal Highway Administration—Florida Division http://www.fhwa.dot.gov/fldiv/ Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System (FSRS) https://www.fsrs.gov/ DocuSign Envelope ID:BC56F435-5B05-4F06=BB15-DC4067579E64 ' Alt Form 5254010-40F STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0F LOCAL AGENCY PROGRAM AGREEMENT • • MANAGEMENT ENT. 0521 Page 1 of 2 EXHIBIT F CONTRACT PAYMENT REQUIREMENTS . : Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized 'listing.of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has.been:paid:. Check numbers may be provided in lieu of copies of actual=checks. Each piece of documentation should clearly reflect the dates:of service.Only expenditures for categories in the approved agreement budget may be reimbursed.. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. - Listed below are types and examples of supporting documentation - for cost reimbursement agreements:. Salaries: .Timesheets that support the hours.worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.. Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid :on behalf of the employee, . e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage. rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. Exception: _Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must be in accordance with s: 112:061, F.S , which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017,. F.A.C:, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273.02, ES., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. - DocuSign Envelope ID:BC56F435-5605-4F06=BB15-DC4067579E64 Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which .may be in the form of FLAIR reports or other detailed reports: The ;.Florida.. Department. of Financial Services, online. ;Reference Guide for State Expenditures can be found at this web address https://www.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforState- Expenditures.pdf: i DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 Alt Form 525-010-40G STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0G LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 0521 Page 1 of 1 EXHIBIT G FHWA FORM 1273. FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC COMPLIANCE WITH FHWA 1273. The FHWA-1273 version dated.May;1,2012 is appended in its entirety to this Exhibit. FHWA-1273 may also be referenced on the Departments website at the following URL address::. : http://www.fhwa:dot.gov/Droaramadmin/contracts/1273/1273.pdf Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA-1273: DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 FHWA-1273:_ Revised May 1,2012 • REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3:. A breach of any of the stipulations contained in these, II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions - payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act . 'or any other action determined to be appropriate bythe - Provisions contracting agency and FHWA: VI. Subletting or Assigning the Contract VI I: Safety:Accident Prevention 4: Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose. IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. :.Compliance with Govemmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL . ' In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding ' ' 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each '. of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier: regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements ' . ' : Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are' :requirements of the Equal Opportunity.Clause in 41 CFR 60- incorporated by reference for work done under any purchase '. . 1.4(b)'and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard.Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any ' Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier.. • . policies of the Secretary of Labor including 41.CFR-60,and 29 subcontracts(excluding subcontracts for design services, ' . CFR 1625-1627. The contracting agency and the FHWA have- purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act.of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,:the ' The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements:. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2.. Subject to the applicability criteria noted in the following •' under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work' 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization . and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the ' U.S.C:140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 DocuSign Envelope.ID:BC56F435-5B05-4F06-BB15-DC4067579E64 • • • • this contract.The provisions of the Americans with:Disabilities . . 4.Recruitment:.When advertising for employees,the Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incerporated by reference in this notation:"An Equal Opportunity Employer. •All such. . contract.In the execution of this contract,the contractor :advertisements will be placed in publications having a large agrees to comply with the following minimum specific z circulation among minorities and women in the area from requirement activities of EEO:' : which the project workforce would normally be derived. a..The contractor will work with the:contracting•agency and a. The contractor will,unless precluded by a valid the Federal Goveminent to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all • recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To'. of activities under:the contract: meet this requirement;the contractor will identify sources of potential minoritygroup emplo ees,and establish Y n with such b.The contractor will accept as its operating policy the. . identified sources procedures whereby minority and women : following statement applicants:may be referred to the contractor for employment • consideration:- "It is the policy of.this Company to assure that applicants are employed;and that employees-are treated during . . b. In the event the contractor has a valid bargaining employment,without regard te their race,religion;sex,color, .agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include; , contractor is expected to observe the provisions of that. employment,upgrading,demotion;or transfer;recruitment or :. agreement to the extent that the system meets the contractor's recruitment advertising::layoff or termination;rates of payor y compliance with EEO contract provisions. Where other forms:of compensation;and selection for training,: implementation of such an agreement hasthe:effect of including apprenticeship,pre-apprenticeship;and/or on-the- . discriminating against minorities or women,or obligates the.. job.training:" :. contractor to do the same,such implementation violates . • Federal nondiscrimination provisions.. 2. EEO Officer::The contractor will designate and.make: . - : known to the contracting officers an EEO Officer:who will have c. The contractor:will encourage its present employees to ' the responsibility for.and must be capable of effectively refer minorities:and women as applicants for employment. administering and promoting an active EEO program and who. Information and procedures with regard to referring such must be assigned adequate:authority and responsibility to do z applicants will be discussed with employees. so. . 5 Personnel Actions•.Wages,working conditions;and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorised to hire,supervise,promote;and personnel actions of every type,;including hiring,upgrading, discharge employees,or who recommend such:action,or who : promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade :followed:• and classification of employment To ensure that the above agreement will be met,the following-actions will be taken as a • a: The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities :do not indicate discriminatory treatment of project site •a..Periodic meetings of su erviso andpersonnel office 9 P ry personnel. . . . . - employees will be conducted before the start of work and then • : not less often than once every six months,at which time the b. The contractor will-periodically evaluate the spread of contractor's EEO policy and its implementation will be - wages paid within each classification to determine any reviewed and explained. The meetings'will be conducted by : evidence of discriminatory wage practices. the EEO Officer., • c. The contractor will periodically review selected personnel b. All new supervisory or personnel:office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer;covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All-personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt:to resolve such complaints;and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy,and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of • employees by means of meetings,employee handbooks,or 6.Training'and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 DocuSign Envelope ID BC56F435-5B05-4F06=BB15=DC4067579E64 applicants for employment or current employees. Such efforts with the requirements for'and comply with the Americans with • should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. .- under: Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements 'undue hardship. -and as permissible under Federal and State regulations,the • contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,.Procurement of Materials apprenticeship and on-the-job training programs for the and1Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. . c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance : suppliers and lessors of their EEO obligations under this requirements for each. - contract. • d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion: 10. Assurance Required by 49 CFR 26.13(b): 7.Unions:If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good - a. The requirements of.49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts: Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. . b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such . 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without ., records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or • requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral : reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of • the labor union and such labor union refuses to'furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: • the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, : (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment . with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and • origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective . bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral . report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This.information is contracting agency. to be reported on Form FHWA-1391. The staffing data should • represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is'applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the other projects. wage rates contained in the wage determination. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every additional classification often than once a week,and without subsequent deduction or action within 30 days of receipt and so advise the contracting officer rebate on any account(except such payroll deductions as are or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30 day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate fringe benefits plan or program has been communicated in writing to the appropriate)(4)Thw determined(including fringe wheree.(2)or laborers or mechanics affected,and records which show the ro)of thisetesecrminion, d ll b pursuantpai to to all paragraphsworph .b.pe 2)or costs anticipated or the actual cost incurred in providing such 1.b.work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor-has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and during apprentice,ylland trainee)been employedpaid the full the contract preserved for a period of three years thereafter for all laborers during the payroll period has weekly andwages earned,without rebate,either directly or indirectly, mechanics working at the site of the work.Such records shall contain the name,address,and social security number of and that fromo thefdeductiull haves been made either directly or each such worker,his or her correct classification,hourly rates indirectly full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different practice prevails for the applicable apprentice classification, subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer be inspection,copying,or transcription by authorized representatives of the contracting agency,the State DOT,the permitted to d rateae apprenticesrhr at less than theapplicable FHWA, or the Department of Labor,and shall permit such predetermined for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to joumeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the joumeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding joumeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to joumeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and joumeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such Form FHWA-1273 in any subcontracts and also require the lasubcontractors to include Form FHWA-1273 in any lower tier thananror or mechanic receivesmesthe bcomasic at a rate not less subcontracts.The prime contractor shall be responsible for the worked one and one-half of forty hourso basic rate kof pay for all hours compliance by any subcontractor or lower tier subcontractor in excess of forty in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out. of the lbor concerning provisions tan af this contracDisputes shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours setfot payment iparagraph the overtime wages required by the disputes shall be resolved in accordance with the procedures clause forth in (1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Govemment contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Co U.S.C.1 subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 7 DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T his provision is applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T his provision is applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 • DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 • • • • Whoever,being an officer;agent,or employee of the United covered transaction.The prospective first tier participant shall . . States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification • person,association,firm,or corporation,knowingly makes any set out below:The certification or.explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to • failure of the prospective.first tier participant to furnish a be performed,or the cost thereof in connection"with the certification or an explanation shall disqualify such a person • submission of plans;maps,specifications,contracts,or costs • from participation in this transaction. - . of construction on any highway or related project submitted for approval to the Secretary of Transportation;'or . c.The certification in this clause is a material representation • of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction:If it is later representation,false report or false claim with respect to the . determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to : . an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government;the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. • . project approved by the Secretary of Transportation;or • d.The prospective first tier participant shall provide . Whoever knowingly makes any false statement or false immediate written notice to the:contracting agency to whom • . representation as to material fact in any statement certificate, this•proposal is submitted if any time the prospective first tier • or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when • Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed • and supplemented; ' circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction, "debarred," . years or both." . "suspended,""ineligible,""participant,""person, "principal," • - and"voluntarily excluded,"as used in this clause,are defined . . • in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered • - This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First • contracts and to all related subcontracts. , Tier Covered'Transaction(such as subcontracts). "First Tier. Participant"refers to the participant who has entered into'a • By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal •contract,or'subcontract,as appropriate,the,bidder,proposer, funds(such as the prime or general contractor). "Lower Tier • Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a . . appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). • 1.That any person who is or will be Utilized in the . performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation Of Section 508 of the Clean Water Act . : this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. • . entered into,it shall.not knowingly enter into any lower tier . 2.That the contractor agrees to include or cause to be ' covered transaction with a person who is debarred, . . • included the requirements of paragraph(1)of this Section X in • suspended,declared ineligible,or voluntarily excluded from " every subcontract,and further agrees to-take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing . the department or agency entering into this transaction: such requirements. • g.The prospective first tier participant further agrees by -•. . submitting this proposal that it will include the clause.titled X.CERTIFICATION REGARDING DEBARMENT, - . -"Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY" and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction . tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding'the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant • contracts or any other covered transaction requiring FHWA. h.A participant in a covered transaction mayy relyy upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or • voluntarily excluded from the covered transaction,unless it • knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered: transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www:epls.00v/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this • DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 • • i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. - render in,good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at anytime the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms."covered transaction,""debarred," person who is suspended,debarred,ineligible„or voluntarily "suspended,""ineligible,""participant,""person, "principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between.a grantee or •*•.•• - subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility-and Voluntary Exclusion-First Tier - - Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from - participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency;. submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized,by the department or agency with which this a public(Federal,State or local)transaction or:contract under transaction originated. •- a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to. responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded. Parties List System website(httos://www.epls.aov/),which is (Applicable to all subcontracts;purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction I.Except for transactions authorized under paragraph e of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Xi.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,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 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. b.If any funds other than Federal appropriated funds have been paid or will be paid 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 Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 Alt Form 525-010-400 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-00 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 3 EXHIBIT 0 TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY Section 17.g.of the Agreement is amended as follows for Construction on the Department's Right of Way. 1. If the Project involves construction on, under, or over the Department's right-of-way, the design work for all portions of the Project to be constructed on, under, or over the Department's right-of-way shall be submitted to the Department for review prior to any work being commenced, and the following provisions shall apply: a. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction and Department Design Standards and Manual of Uniform Traffic Control Devices("MUTCD").The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the Florida Department of Transportation Design Manual("FDM")and the Department Traffic Engineering Manual. Designs that do not meet Department standards may be rejected by the Department at its sole discretion. The Department may allocate Department-managed resources to facilitate compliance with applicable design standards. If changes to the Department approved plans are required,the Recipient shall notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Recipient shall maintain the area of the Project, at all times, and coordinate any work needs of the Department during construction of the Project. b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction within, under, or over Department right-of-way. The Recipient shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is Kathy McClendon. c. The Recipient shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Recipient is responsible for the development of a MOT plan and making any changes to that plan as necessary.The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Recipient that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. e. The Recipient will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. f. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on, under, or over the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right-of-way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Recipient, except as may otherwise be provided in separate agreements. The Recipient shall not acquire any right, title, interest or estate in Department right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to,the Recipient's use, occupancy or possession of Department right-of-way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, Florida Statutes. DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 525-011-00 PROGRAM MANAGEMENT 05/21 Page 2 of 3 g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to,the Department's right-of-way. h. The Recipient shall perform all required testing associated with the design and construction of the Project. Testing results shall be entered into the department's Materials Testing and Certification database application and the department must provide the final Materials Certification for the Project.The Department shall have the right to perform its own independent testing during the course of the Project. I. The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal,state,local,administrative,regulatory,safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to,those of the Department,applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Recipient, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. j. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from on, under, or over its right-of-way at the sole cost, expense, and effort of the Recipient. The Recipient shall bear all construction delay costs incurred by the Department. k. The Recipient shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. I. The Recipient will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. m. The acceptance procedure will include a final"walk-through"by Recipient and Department personnel. Upon completion of construction, the Recipient will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Recipient shall remove its presence, including, but not limited to, all of the Recipient's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. n. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Recipient. The Recipient shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Recipient and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the "Notice of Completion"). If the Recipient fails to timely deliver the Notice of Completion,or if it is determined that the Project is not properly completed after receipt of the Notice of Completion,the Department,within its discretion may: 1)provide the Recipient with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Recipient's sole cost and expense, without Department liability to the Recipient for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Recipient with an invoice for the costs incurred by the Department and the Recipient shall pay the invoice within thirty(30) days of the date of the invoice. o. The Recipient shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Recipient shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. DocuSign Envelope ID:BC56F435-5B05-4F06-BB15-DC4067579E64 525-011-00 PROGRAM MANAGEMENT 05/21 Page 3 of 3 p. Portable Traffic Monitoring Site(PTMS)or a Telemetry Traffic Monitoring Site(TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Recipient to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. q. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. r. Restricted hours of operation will be from 8am to 5pm,(Monday through Friday),unless otherwise approved by the Operations Engineer, or designee. s. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: 1000 N.W. 111 Avenue, Miami, Florida 33172 (305)470-5349, Toll Free 1-800-435-2368 Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) ATTACHMENT `B' • . SITE:: n5)' T'RIIMAN &'WHITE' (HARVFY) PI ANNFD• AMENITIFS. CATEGORY: fills -STOP . - BICYCLE: RACK(S); ' 4" CONCRETE ;(SF):• 17R'.00 . KEY. -KEY WEST - JURISDICTION: le:FY 1N. ST ; • • . - 6" CO • ROAD. DESIGNATION . • . BICYCLE CQCKER(S): �. . CONCRETE NCRETE_ (SF):, p_nn -- FIXIT STATION : : fL . : • ' ' ' - .ROAD. ID: .MILE. POST' I / i•cat�:•cG'ar. i. A? L 1/a _2- :� -.—v'- : . BIKE RACK: '' • ` 'P.PLAN LAYOUT : `a:f;'-"a. • • 1 AYEIl1T hFTAII' q. s; 1 ASPHALT:PA'1NG' .SA`` , ' • 8.00� • I:, 0 5 Js • 2. TR. ,.. ...... PR:OTECTION .GRAVEL . !o.j ; . t • % I -71 • i______; ..ir_L .. . . rri • MATCH EXISTING j ' i' :RACK(S).(TY P). . a J: o — .x _ EXISTING: BIKE RAC_KflS)I o' Q' '`° (3.EMO.VE AND DISC RD)+ • t ' ii x I w [ . • _ a l GRAVEL PA�' r , * J '? CONCRETE - ' 4,. THICK. ;i f CONCti CONCRETE PAD. +;teary1 '�• \ SEE BIKEyRACK _� • LAYOUT ,DE'TAIL_;A, _ ENn •• 57.2 f rcr r E{: .. Ere;---- A3-r '. 50.3'• 59 . )' �' ( GIS LOCATION' TION . •I r• : j NORTHING: 81701;63 • . . EASTI'NG•::393326.44. 14 -' • .. : r • ' { r 3 -F••;:-.: r` /. /-i4R)FY•GfVFRNI'1FNT''rFNTF!{.' • - eAs..? s, p /4 1200•TRUMAN AVE:. #207, ;,}4.i '�. /'^`„''--_,/' KEY WEST. 1 c `� r ' . NOTE: FLUSH•T.HE SURFACE. OF THE.PROPO'SED. . 'w —I—39.9' 'CONCRETE WITH EXISTING ADJACENT.PAVEMENT a ti,,EY 17:2' AND/OR SIDEWALK AND WITHOUT GAPS.:TO . srcr o : .,, irkr • .1' w 73' : AVOID TRIP AND FALL SAFETY HAZARDS, 1 ' • ENGINEER OF RECORD?BRYAN'WILSON,P.E,aC30d7' - . • CITY CF KEr -_WEST. . '.'. . . . . SHEET. - :KCI TECHNOLOGIES, .INC:' : : AT NO ROAD'NO: •COUNTY 'FINANCIAL PROJECT ID :IPLA, S .: .1425 W CYPRESS.CREEK RD.,'SUITE 101• - ' . • FORT LAUDERDALE,•FLORIDA 33309-2132 - - 13 (954)839-6702 ' MONROE . • 446126=1-58-01. . . Crithian,Pir.eres 12/.9/2011'. 3:38:35-PFI N:\HIGHWAYS\dSIBOO20503\PlansVtpa5way\OSGHROO1:dgn SITE: 64) GATO Bill!DING PLANNFT) AMENITIFS CATEGORY: THIS STOP KEY: KFY WFST JURISDICTION: KFY WFST BICYCLE RACK(S): 4" CONCRETE (SF): 6.00 ROAD DESIGNATION: SIMONTON ST- BICYCLE .LOCKER(S): .(L 6" CONCRETE (SF): 0-00 FIXIT STATION: L ROAD ID: MILE POST: - . -VIRGINIA ST EXISTING SIDEWALK =- -R/W LINE � 7.501 t .IT I 0 10 40 I Feet a EXISTING CONCRETE • PAD (TO REMAIN) v) • 0 RACK(S) (TYP.) EXISTING RACKS) I z • (REMOVE AND REPLACE) o • EXISTING BUILDING•STRUCTURE E4T0 111111(11A1 1100 SIMONTON ST., KEY WEST 2.00' ' - EXISTING RACK(S) i RACK(5) (TYP.)o('REMOVE AND REPLACE) / EXISTING CONCRETE��i: PAD (TO REMAIN) FIX STATION (SEE SHEET 50 I . . TYPICAL LAYOUT DETAIL) EXISTING SIDEWALK • . I NOTE: FLUSH THE SURFACE OF THE PROPOSED CONCRETE WITH EXISTING ADJACENT PAVEMENT AND/OR SIDEWALK AND WITHOUT GAPS TO AVOID TRIP. AND FALL SAFETY HAZARDS. ENGINEER OF RECORD:RRYAN WILSON,PE.o43117' CITY OF KEY WEST SHEET KCI TECHNOLOGIES, INC. NO. ROAD NO. COUNTY FINANCIAL PROJECT ID PLANS 1425 N CYPRESS CREEK RD.. SUITE 101 FORT LAUDERDALE, FLORIDA 33309-2132 43 (954)839.6702 MONRO,E 446126-1-58-01 Cr rsIlnart.Prnei es I2/9/2011 _4,10::1 PLI 11:\11IG!IYIAYS\a5IS 127503\PIans\ROLS. v\OSNRD0 Tarr: SITE: 70) KENNEDY BALLFIFLDS SITE: 77) BIG C'OPPIT FIRFHOIISF CATEGORY: FIXIT STATION ti CATEGORY: FIXIT STATION ti° KEY: KEY WFST JURISDICTION: KFY WFST KEY: 'RIG COPPIT JURISDICTION: MONROF L2 �e SEE SHEET 51, `' EXISTING EDGE c•,`' SITE 70 LAYOUT DETAIL MATCH O \ OF PAVEMENT BALLFIELDS KENNEDY DR., / 11111.M.I EXISTING _ ,� I . KEY WEST ll - % I — UrFI f 4 FAPG� R 1ntK y I Rlf,Y'OPPIT-KFY FIRE STATIhN EXISTING EDGE I _ — R/W LINE ' 28 EMERALD 3131 NORTHSIDE DR., Q 81G COPPIT KEY KEY WEST OF PAVEMENT — — 1 �� L _ _ _ _ ___ ___ _ EXISTING FRONT EXISTING SIDEWALK R/W LINEN. I , OF SIDEWALK GIS LOCATION MATCH EXISTING pi ANNFD AMENITIES. piANNFD AMENITIES BICYCLE RACK(S): M NORTHING: 85738.54 BICYCLE RACK(S): IL GIS LOCATION EASTING:.NG:- 401293.14 FIXIT STATION: L � FIXIT STATION: L NORTHING: 96568.91 4" CONCRETE (SF): 255.O0 NORTHSIDE DR • 4" CONCRETE (SF): 6 00 EASTING: 438202.85 SITE: 7R) SIlGAR!OAF FIREHOUSE SITE: 80) RIG PINF KFY PARK CATEGORY: FIXIT STATION ., CATEGORY: FIXIT STATION KEY: 1 OWFR SUGAR!OAF JURISDIC,ION: FDOT .e KEY: RIG PINE JURISDICTION: MONROE o ,,,L I I I EXISTING EDGE RII: PINE KFY PARK. QJ MATCH � 31009 ATLANTIS DR., to OF PAVEMENT '1 o BIG PINE KEY G15 LOCATION 1 EXISTING o '13:00 NORTHING: 114334.93 1I-"-- I EXISTING FENCE EASTING: 468815.98 / o I ._�____ • EXISTING EDGE R/W LINE—� / OF PAVEMENT \_____--- � GIS LOCATION I i NORTHING: 125277.88 PLANNFD AMENITIES • Pt ANNFD AMENITIES EASTING: 540645.78 BICYCLE RACK(S): SR 5 OVERSEAS HWY / US 1. BICYCLE RACK(S): D_ °< FIXIT STATION: I_ MILE MARKER .1.7.1 FIXIT STATION:. L �'�_ • 4" CONCRETE '(SF): 6.00 4" CONCRETE (SF): 6.00 C 0 5 20 NOTE: SEE SHEET 50 FOR TYPICAL LAYOUT AND ATTACHMENT INFORMATION ••••.1"001 Feet CITY OF KEY WEST SHEET KCI TECHNOLOGIES, INC- �'� 1 NO. ROAD NO. COUNTY FINANCIAL PROJECT 1D PLAI T8 1425 W CYPRESS CREEK RD., SUITE 101 44 FORT LAUDERDALE, FLORIDA 33309-2131 (954)839-6702 MONROE 446126-1-58-01 Cost1uon.',mores 12/971021 3:40:29 P61 I::\HIEHWAY5%45 I90020503\Plans\11041.Vv\OS6t1ROD l.dun — — — SITE: 81) OI D 7 MI!F BRIDGE II SITE: 132)_ MARATHON GOVT CENTER .CATEGORY: FIXIT STATION ^ 11 CATEGORY: FIXIT STATION KEY: VACA JURISDICTION: FOOT ', ;, KEY: VACA JURISDICTION: MONROE '' _ �E \ p 2.00' 1 ti I j MARINE RESEARCH INSTITUTEN • o (n 11 2798 OVERSEAS HWY., `' 'EXISTING N, t\ MARATHON SIDEU�JALK� � GIS Location Northing: 135906.11 0 . N • ----..... A Easting: 615408.75 0 4.00 11 OVERSEAS HWY., N�. EXISTING WALL BASE TOWARDS NORTH MARATHON - � MATCH EXISTING , STRUCTURE t 1 . GIS Location pi ANNFD AMENITIES - • - PLANNED AMENITIES Northing: 137552.65 • BICYCLE RACK(S): LL SR 5 OVERSEAS HWY / US 1 BICYCLE RACK(S): 0— Easting: 623747.10 FIXIT STATION: L MILE MARKER 46.8 FIXIT STATION: L 4" CONCRETE (SF): 14.00 - 4" CONCRETE (SF): 6.00 ' SITE: A3) MARATHON COMMUNITY PARK , SITE: 84) SOMBRERO RFACH 'PARK ' CATEGORY: FIXIT STATION CATEGORY: FIXIT STATION o KEY: VACA JURISDICTION: MARATHON 1 KEY: VACA' : . • JURISDICTION: MARATHON 11 • . T \.� c . 14AR4THRN 4KATF PARK L—— \.\. 3911 OVERSEAS HWY., I 2130 - 2150 SOMBRERO.BEACH RD., \.\ MARATHON ` MARATHON \ � \ GIS LOCATION GIS Location l% .6.00' . EXISTING EDGE A� NORTHING: 137834.41; jr OF PAVEMENT Northing: 130413.65 1 FASTING: G2693'3.64 • Easting: 627350.71 I • 2)(-----.1 ► 11 EXISTING SIDEWALK I I e • • �I1 PI ANNFD AMFNITIFS S 13.U0' L..._ o ' .PI ANNFD AMENITIES' ✓i, � ' 0 -EXISTING INNER BICYCLE RACK(S): IL . BICYCLE-RACK(S): LL. ill • .• :ROUNDABOUT CURB . . FIXIT STATION: L. FIXIT STATION:. L / . .. 4" CONCRETE (SF): 5.00 t ' 4" •CONCRE:TE (SF): fi_0( . . • • 0 5 20 'NOTE: SEE SHE:ET 50 FOR TYPICAL LAYOUT AND ATTACHMENT INFORMATION. Feet CITY OF KEY WEST SHEET KCI TECHNOLOGIES, INC. NO. •ROAD NO. COUNTY FINANCIAL.PROJECT ID PLANS 1425 W CYPRESS CREEK RO.,SUITE 101 45 FORT LAUDERDALE, FLORIDA• 33309-2132 (954)839-6702 MONROE 446126-1-58-01 Cr,sfhinn.Pincres 12/9J2021 3:40:24 PR N:\M6HEAY5\•15190020503\P)art5\Roadw,Iy\DSGNRIO J.uga SITE: 85) CHILDREN'S ROTARY PARK SITE: -86) OCEANFRONT PARK / CITY HALL CATEGORY: FIXIT STATION N ;� CATEGORY: -FIXIT STATION ;11KEY: VACA JURISDICTION: MARATHON I' 'I KEY: VACA JURISDICTION: MARATHON`I 4 - 1 1 21.00' 1 EXISTING EDGE I (Ir,an(rnnt Park ` �� EXISTING 9805 Overseas Hwy., .� 1 OF PAVEMENT Marathon, CONCRETE PAD-' rh(Idran'c Rntary Park F1 1 7575 Overseas Hwy.,' \ 'Marathon \.�\L © — . • • 5.00' GIS LOCATION NORTHING: 142624.84 • o. GIS LOCATION l I EASTING: 641327.13 • PI ANNFD AMENITIES NORTHING: 140710.37 rrj PI ANNFD AMENITIES BICYCLE RACK(S): IL 'EASTING: 63G471.42 1 i BICYCLE RACK(S): IL FIXIT STATION: L i FIXIT STATION: L 4" CONCRETTE (SF): 6.00 , 4" CONCRETE (SF): 6 00 - e SITE: 87) OUAY PARK ; SITE: 88) MURRAY NFl SON GOVT CFNTFR CATEGORY: FIXIT STATION tit CATEGORY: FIXIT STATION ,/ KEY: VACA JURISDICTION: MARATHON 47.. ; KEY: KFY LARGO JURISDICTION: MONROE 12650 Overseas Hwy., ,n Marathon EXISTING CURB EXISTING 13.00 1 - - \\\ I CONCRETE PAD �.00 wI 1�, • GIS LOCATION ►I • 1 ,NORTHING: '86838.44 III r1. • i MATCH ' I EASTING: 849035.52 17 , EXISTING GIS LOCATION -_�--, NORTHING: 145558.10' o EASTING: 650709.86 0 PI ANNFD AMENITIES PI ANNFD AMFNITIFS BICYCLE RACK(S): IL ! BICYCLE RACK(S): P.Ifirra,, Nnlmri i':n rnivont rPntPr FIXIT STATION: L FIXIT STATION: L _ —-- 102050 Overseas HWy•, 4" CONCRETE (SF): 6.00 4" CONCRETE (SF): 6.00 Key Largo; f . o s zo NOTE` .SEE SHEET 50.FOR TYPICAL LAYOUT.AND:ATTACHME'NT INFORMATION . Feet . 'CITY OF KEY .WEST • SHEET" KCI TECHNOLOGIES, INC., NO. ROAD NO. COUNTY FINANCIAL PROJECT ID PLANS .1425 W CYPRESS.CREEK RD., SUITE 101 FORT LAUDERDALE, FLORIDA 33309-2132 (9541839-6702 MONROE 446126-7-58-01 46 Cast hion.Pi rcres 12/9/2021 .3:,10:38 PI4 11:\HIGHtF4Y 5S4 5 1 900205 03\Plans\ROanreay\DSGNRDO 1.dgr.