HomeMy WebLinkAbout2015-087Florida Statutes:
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Financial Project No 433066-1-58-01
Contract No —0OO
Vendor No VF -596-000-679-003
Zoll -o87
CSFA No and Title 55 009 Small County Outreach
Program (SCOP) and Rural Areas of Opportunity (RAO)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SMALL COUNTY OUTREACH PROGRAM AGREEMENT
(Project Administered by County)
This Small County Outreach Program Agreement (this "Agreement") is entered
into this 1[34-41 day ofc , 20 i between the State Of Florida, Department
Of Transportation ("Department') and INDIAN RIVER COUNTY, ("Recipient"). The
Department and the Recipient are sometimes referred to in this Agreement as a "Party"'
and collectively as the "Parties".
RECITALS
A. The Department is authorized under Section 334 044 (7), Florida Statutes, and Section
339 2818, Florida Statutes to enter into this Agreement.
B. WHEREAS, the Small County Outreach Program ("SCOP") has been created within the
Department pursuant to Section 339.2818, Florida Statutes, to provide funds to counties
to assist small counties in resurfacing or reconstructing county roads or in constructing
capacity or safety improvements to county roads and also to municipalities within rural
areas of critical concern (rural area of opportunity ("RAO")) with projects, excluding
capacity improvement projects
C. The Department has determined that the transportation project described in Exhibit "A"
attached and incorporated in this Agreement ("Project"), is necessary to facilitate the
economic development and growth of the State and the Department is authorized by
Section 339.2821, Florida Statutes, to approve and expenditure to the Recipient for the
direct cost of the Project.
D. Exhibits A, B, C, D, and E are attached hereto and incorporated by reference into this
Agreement.
E. The Recipient is authorized to enter into this Agreement by the resolution attached and
made part of this Agreement as Exhibit E.
NOW, THEREFORE, in consideration of the mutual benefits contained in this
Agreement, the parties agree as follows:
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1. The recitals set forth above are incorporated by this reference in this Agreement.
2. The Recipient shall furnish all services as requested in Exhibit "A" for completion of the
Project.
3. The term of this Agreement shall begin upon the date of signature of the last party to sign
this Agreement ("Effective Date") and continue through June 30, 2017. Execution of this
Agreement by both parties shall be deemed a Notice to Proceed to the Recipient for work
to begin on the Project. Any work performed prior to the execution of this Agreement is
not subject to reimbursement. The estimated Project production schedule is a follows:
a. Design plans contract to begin on or before N/A, and design plans to be completed
by February 1, 2015.
b. Actual Construction shall begin no later than January 1, 2016, and be completed
by June 30, 2017.
4. The Department will participate in a maximum of 75% of the actual total Project costs up
to SIX HUNDRED EIGHTY FOUR THOUSAND SIX HUNDRED FORTY TWO
DOLLARS AND NO CENTS $684,642.00 (the maximum Department participation as set
forth in Method of Compensation in Exhibit B). The Parties agree that the Department's
participation may be increased or reduced upon a determination of the actual bid
amounts Project by execution of a supplemental agreement. Travel costs will not be
reimbursed.
a. The Department agrees to compensate the Recipient for services described in
Exhibit "A", and set forth in Method of Compensation in Exhibit "B".
b. Unless otherwise permitted, payment will begin in the year the Project or Project
phase is scheduled in the adopted work program as of the Effective Date of this
Agreement. Payment will be made for actual costs incurred as of the date the
invoice is submitted with the final payment due upon receipt of a final invoice.
c. 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,
identified as Financial Project Number 433066-1-58-01, and the quantifiable,
measurable, and verifiable units of deliverables are described more fully in Exhibit
"A". Any changes to the deliverables shall require written approval in advance by
the Department.
d. Invoices shall be submitted at least quarterly by the Recipient in detail sufficient for
a proper pre -audit and post -audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A". Deliverables must be
received and accepted in writing by the Department's Project Manager prior to
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reimbursements. The final invoice shall be accompanied by a Notice of
Completion, Exhibit "D".
e. 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" has been met.
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. 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 five 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, deliverables deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the
Recipient shall be assessed a non-performance retainage equivalent to 10% of the
total invoices amount. The retainage shall be applied to the invoice for the then -
current billing period. The retainage shall be withheld until Recipient resolves the
deficiency. If the deficiency is subsequently resolved, the Recipient may bill the
Department for the retained amount during the next period. If the Recipient in
unable to resolve the deficiency, the funds retained may be forfeited at the end of
the Agreement's term.
g.
The Recipient should be aware of the following time frames. Upon receipt of an
invoice, the Department has twenty (20) days to inspect and approve the goods
and services. The Department has twenty (20) days to deliver a request for
payment (voucher) to the Department of Financial Services. The twenty (20) days
are measured from the latter of the date the invoice is received or the goods or
services are received, inspected, and approved. If a payment is not available
within forty (40) days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Recipient. Interest penalties of less than one ($1.00) dollar
will not be enforced unless the Recipient requests payment. Invoices which have
to be returned to a 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 entities who may be
experiencing problems in obtaining timely payment(s) from a state Agency.
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The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the
Division of Consumer Services at (877) 693-5236.
h. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of
this Agreement and for five years after final payment is made. Copies of these
documents and records shall be fumished 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
Recipient and all subcontractors performing work on the project, and all other
records of the Recipient and subcontractors considered necessary by the
Department for a proper audit of costs.
j•
Upon request, the Recipient agrees to provide progress reports to the Department
in standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its
request, as to the status of the Project and of details thereof. Either party to the
Agreement may request and shall, within a reasonable time thereafter, be granted
a conference with the other party.
In the event this contract for services is in excess of $25,000.00 and a term for a
period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida
Statutes, are hereby incorporated.
"The Department during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made
in violation of this subsection is null and void, and no money may be paid
on such contract. The Department shall require a statement from the
Comptroller of the Department that funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods
exceeding one (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 $25,000.00 and which have a term for a period of more than
one (1) year."
k. The Department's obligation to pay under this Agreement is contingent upon an
annual appropriation by the Florida Legislature.
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I. All costs charged to the Project and the grant match of in kind services shall be
supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
m Any Project funds made available by the Department pursuant to this Agreement
which are determined by the Department to have been expended by the Recipient
in violation of this Agreement or any other applicable law or regulation shall be
promptly refunded in full to the Department. Acceptance by the Department of any
documentation or certifications, mandatory or otherwise permitted, that the
Recipient files shall not constitute a waiver of the Department's rights as the
funding agency to verify all information at a later date by audit or investigation.
5. 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 state financial assistance or limit the authority
of any state agency inspector general, the 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 Section 215.97,
Florida Statutes, monitoring procedures may include, but not be limited to, on-site
visits by Department staff, and/or other procedures. By entering into this
Agreement, the Recipient agrees to comply and cooperate fully with any
monitoring procedures/processes deemed appropriate by the Department. The
Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the state Chief Financial Officer
(CFO) or Auditor General.
b. The Recipient, as a non -state entity as defined by Section 215.97(2)(m), Florida
Statutes, and as a recipient of state financial assistance awarded by the
Department through this Agreement is subject to the following requirements:
i. In the event that the Recipient expends a total amount of state financial
assistance equal to or in excess of the threshold established by Section
215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient
must have a State - single or project -specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the
Department of Financial Services; and Chapters 10.550 (local governmental
entities) or 10.650 (non-profit and for-profit organizations), Rules of the
Auditor General. Exhibit "C" to this Agreement provides the specific state
financial assistance information awarded through the Department by this
Agreement needed by the Recipient to further comply with the requirements
of Section 215 97, Florida Statutes. In determining the state financial
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assistance expended in a fiscal year, the Recipient shall consider all
sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non -state
entities. State financial assistance does not include Federal direct or pass-
through awards and resources received by a non -state entity for Federal
program matching requirements.
ii. In connection with the audit requirements, the Recipient shall ensure that
the audit complies with the requirements of Section 215.97(8), Florida
Statutes. This includes submission of a financial reporting package as
defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550
(local government entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General.
iii. If the Recipient expends less than the threshold established by section
215.97, Florida Statutes, in state financial assistance in a fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida
Statutes, is not required; however, the Recipient must provide to the
Department a certification of exemption to FDOTSingleAudit(a dot.state.fl.us
no later than 9 months after the end of the Recipient's fiscal year for each
applicable audit year. In the event that the Recipient expends less than the
threshold established by Section 215.97, Florida Statutes, in state financial
assistance in a fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the Recipient's resources (i.e., the cost of such
an audit must be paid from the Recipient's resources obtained from other
than State entities).
iv. Copies of financial reporting packages required by this Agreement shall be
submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
Email: FDOTSingleAudit(c�dot state.fl.us
and
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen_Iocalgovt@aud.state.fl.us
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v. Any copies of financial reporting packages, reports, or other information
required to be submitted to the Department shall be submitted timely in
accordance with Section 215.97, Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General, as applicable.
vi. The Recipient, when submitting financial reporting packages to the
Department for audits done in accordance with Chapters 10.550 (local
governmental entities) or 10.650 (non-profit and for-profit organizations),
Rules of the Auditor General, should indicate the date the reporting package
was delivered to the Recipient in correspondence accompanying the
•reporting package.
vii. Upon receipt, and within 6 months, the Department shall review the Recipient's
financial reporting package, including the management letters and corrective
action plans, to the extent necessary to determine whether timely and
appropriate corrective action has been taken with respect to audit findings and
recommendations pertaining to the state financial assistance provided through
the Department by this Agreement. If the Recipient fails to have an audit
conducted consistent with Section 215.97, Florida Statutes, the Department
may take appropriate corrective action to enforce compliance, in accordance
with Section 215.97(8)(1), Florida Statutes.
viii. As a condition of receiving state financial assistance, the Recipient shall
allow the Department, or its designee, the CFO or Auditor General access to
the Recipient's records, including project records, and the independent
auditor's working papers as necessary. Records related to unresolved audit
findings, appeals, or litigation shall be retained until the action is complete or
the dispute is resolved.
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 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 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.
6. The Recipient shall permit, and shall require its contractors and subcontractors to permit,
the Department's authorized representatives to inspect all work, materials, payrolls, and
records, and to audit the books, records, and accounts pertaining to the financing and
development of the Project.
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7. The Recipient must certify that the consultant has been selected in accordance with the
Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor
must be prequalified by the Department pursuant to Section 337.14, Florida Statutes,
and Rule Chapter 14-22, Florida Administrative Code for projects meeting the thresholds
therein.
8. In the event the Recipient proceeds with the design, construction and construction
engineering inspection services ("CEI") of the Project with its own forces, the Recipient
will only be reimbursed for direct costs (this excludes general and administrative
overhead). The Recipient shall hire a Department qualified CEI. The Department shall
have the right, but not the obligation, to perform independent testing from time to time
during the course of construction of the Project. .
9. Upon completion of the work in accord with the Plans, the Recipient shall furnish a set of
"as -built" plans certified by the Engineer of Record/CEI that the necessary improvements
have been completed in accordance with the Plans as the same may be modified in accord
with the terms of this Agreement. Additionally, the Recipient shall assure that all post
construction survey monumentation required by Fla. Stat. is completed and evidence of such
is provided to the Department in a manner acceptable to the Department.
10. The Recipient shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Recipient in conjunction with this Agreement. Specifically, if the Recipient is acting on
behalf of a public agency the Recipient shall:
a. Keep and maintain public records that ordinarily and necessarily would be required
by the Department in order to perform the services being performed by the
Recipient.
b. Provide the public with access to public records on the same terms and conditions that
the Department would provide the records and at a cost that does not exceed the cost
provided in chapter 119, Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
Department all public records in possession of the Recipient upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the Department in a format that is compatible with the information
technology systems of the Department.
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Failure by the Recipient to grant such public access shall be grounds for immediate
unilateral cancellation of this Agreement by the Department. The Recipient shall promptly
provide the Department with a copy of any request to inspect or copy public records in
possession of the Recipient and shall promptly provide the Department a copy of the
Recipient's response to each such request.
11. The Recipient shall comply with all federal, state and local laws and ordinances applicable
to the work or payment for work thereof, and shall not discriminate on the grounds of race,
color, religion, sex, or national origin in the performance of work under this Agreement.
12. The work performed pursuant to this Agreement may require authorization under the
Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water
Discharges from construction sites. The Recipient is responsible for obtaining the
National Pollutant Discharge Elimination System Permit and all other necessary permits
for construction of the Project. When applicable, such permits will be processed in the
name of the Department; however, in such event, the Recipient will comply with all terms
and conditions of such permit in construction of the subject facilities.
13. The Recipient affirms that it is aware of the provisions of Section 287.133(2)(a), Florida
Statutes. 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 thirty
six (36) months from the date of being placed on the convicted vendor list. The Recipient
agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further
acknowledges and agrees that any conviction during the term of this Agreement may
result in the termination of this Agreement.
14. The Department shall consider the employment by any contractor of unauthorized aliens
a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement.
15. The Recipient will not discriminate against any employee employed in the performance of this
Agreement, or against any applicant for employment because of age, ethnicity, race, religious
belief, disability, national origin,,or sex. The Recipient shall provide a harassment -free
workplace, with any allegation of harassment given priority attention and action by
management. The Recipient shall insert similar provisions in all contracts and subcontracts for
services by this Agreement. The Recipient affirms that it is aware of the provisions of Section
Florida Statutes:
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287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a contract to provide any goods or services
to a public entity; may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids on leases of real property to a
public entity; may not be awarded or perform work as a contract, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any
public Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a),
Florida Statutes, and acknowledges and agrees that placement on the list during the term of
this Agreement may result in the termination of this Agreement.
16. It is specifically agreed between the parties executing this Agreement that it is not
intended by any of the provisions of any part of the 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 for personal injuries or property
damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties
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.
Additionally, the Recipient agrees to include the following indemnification in all contracts
with contractors/ subcontractors, or consultants/sub consultants who perform work in
connection with this Agreement
'To the fullest extent permitted by law the Recipients contractor shall indemnify and
hold harmless the Recipient, the State of Florida, Department of Transportation, and
its officers and employees, from liabilities, damages, losses and costs, including, but
not limited to, reasonable attomey's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of contractor and persons employed
or utilized by contractor in the performance of this Contract.
This indemnification shall survive the termination of this Agreement. Nothing
contained in this paragraph is intended to nor shall it constitute a waiver of the State
of Florida and the Recipient's sovereign immunity.
To the fullest extent permitted by law, the Recipient's consultant shall indemnify and
hold harmless the Recipient, the State of Florida, Department of Transportation, and
its officers and employees from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attomey fees to the extent caused, in whole or in part, by
the professional negligence, error or omission, recklessness, or intentional wrongful
conduct of the consultant or persons employed or utilized by the consultant in the
performance of the Agreement.
This indemnification shall survive the termination of this Agreement. Nothing
contained in this paragraph is intended to nor shall it constitute a waiver of the State
of Florida and the Recipients sovereign immunity."
I
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17. The Recipient shall 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 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.
18. No funds received pursuant to this Agreement may be expended for the purpose of
lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance
with Section 216.347, Florida Statutes.
19. The Recipient and the Department agree that the Recipient, its employees and its
subcontractors are not agents of the Department as a result of this Agreement.
20. This Agreement may be canceled by the Department in whole or in part at any time the
interest of the Department requires such termination. The Department also reserves the
right to seek termination or cancellation of the Agreement in the event the Recipient
shall be placed in either voluntary or involuntary bankruptcy. The Department further
reserves the right to terminate or cancel this Agreement in the event an assignment is
made for the benefit of creditors. This Agreement may be canceled by the Recipient
upon sixty (60) days written notice to the Department. 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.
21. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or
obligations under this Agreement without the prior written consent of the Department,
which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer
occurring without the required written approval will be null and void. The Department will
at all times be entitled to assign or transfer its rights, duties, or obligations under this
Agreement to another governmental agency in the State of Florida, upon giving prior
written notice to the Recipient. In the event that the Department approves transfer of the
Recipient's obligations, the Recipient remains responsible for all work performed and all
expenses incurred in connection with this Agreement.
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22. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in
writing, and shall be transmitted either by personal hand delivery; United States Post Office,
retum receipt requested; ovemight express mail delivery, email, or facsimile. The addresses
and the contact persons set forth below for the respective parties shall be the places where
notices shall be sent, unless prior written notice of change of address is given.
TO DEPARTMENT:
Florida Department of Transportation
3400 W. Commercial Blvd.
Fort Lauderdale, Florida 33309
Attn: Leos Kennedy, Jr.
Copy: Project Manager, Christine Fasiska
2"d Copy: District's General Counsel
TO RECIPIENT:
Indian River County
1801 27th Street
Vero Beach, Florida 32960
Attn: Christopher J. Kafer, Jr , P.E.
Copy: Indian River County's General Counsel
23. All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in
any gender shall extend to and include all genders.
24. This Agreement shall not be renewed. Any extension shall be in writing and executed
by both parties and shall be subject to the same terms and conditions set forth in this
Agreement.
25. This Agreement shall not be construed to grant any third party rights.
26. 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.
27 This Agreement embodies the entire agreement of the parties. There are no provisions,
terms, conditions, or obligations other than those contained in this Agreement. This
Agreement supersedes all previous communication, representation, or agreement,
either verbal or written, between the parties. No amendment will be effective unless
reduced to writing and signed by an authorized officer of the Recipient and the
authorized officer of the Department or his/her delegate.
28. If any part of this Agreement shall be determined to be invalid or unenforceable by a
court of competent jurisdiction, or by any other legally constituted body having the
jurisdiction to make such determination, the remainder of this Agreement thus remains
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in full force and effect provided that the part of this Agreement thus invalidated or
declared unenforceable is not material to the intended operation of this Agreement.
29. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue of any action arising out of this Agreement shall be in Leon
County, Florida.
30. Time is of the essence as to each and every obligation under this Agreement.
31. The Department and the Recipient acknowledge and agree to the following:
i. The Recipient shall utilize the U.S. Department of Homeland Security's E -Verify
system to verify the employment eligibility of all new employees hired by the
Recipient during the term of the contract; and
ii. The Recipient shall expressly require new contractors 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 contractor/subcontractor
during the contract term.
32. This Agreement may be executed in duplicate originals.
The remainder of this page intentionally left blank.
Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02115
Page 14 of 21
IN WITNESS WHEREOF, the lips have executed this Agreement on the date(s) below.
INDIAN RIVER COUN >#r •;MATE OF FLORIDA
(Name of RECIPIENT) liAPARTMENT OF TRANSPORT
'OUNTI�''
BY. //v.�.l�%l/'�-""""'" BY:
TITLE: Chairman
Print Name: Wesley S. Davis
App. Del / 7 5, /0 15
moa_ : TITLE. J.R. SMITH
CLERK CIRCUn coURT
Print Name:
Recipient's LEGAL REVIEW'0_5j:3
Print Name: 0:1 1:.....p..... I(.rs---ti)
TITLE: DIRECTOR OF TRANSPOR �f
Print Name: 3+
Date:
>.- K1 1 IeQ , P. w).
x-18- 2.o0
c . LEGAL REVIEW:
See attached encumbrance form for date of
Funding approval by Comptroller.
Florida Statutes:
334.044(7)
Exhibit A
SCOPE OF SERVICES AND
DELIVERABLES
CR -512 Resurfacing from 125th Avenue to 900 feet west of 1-95
FM# 433066-1-58-01
850-035-01
PAVEMENT MANAGEMENT
OGC-02115
Page 15of21
This Project is for the construction and Construction Engineering Inspection (CEI) services of
CR -512 from 125th Avenue to 900 feet west of 1-95. The Project work will include but is not
limited to the milling of the existing pavement, installation of superpave asphaltic concrete,
widening of paved shoulders, sodding, and installation of thermoplastic pavement markings.
Florida Statutes:
334.044(7)
Exhibit A
SCOPE OF SERVICES
AND
DELIVERABLES
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 16 9f 21
DESCRIPTION
UNIT
ESTIMATED
QTY.
MOBILIZATION
LS
1
MAINTENANCE OF TRAFFIC
LS
1
EROSION AND WATER POLLUTION CONTROL
LS
1
CLEARING AND GRUBBING
LS
1
REGRADE AND COMPACT OUTSIDE SHOULDER AREA (AS
NEEDED)
SY
12131
OPTIONAL BASE, BASE GROUP 06 (8" CEMENTED COQUINA
SHELL BASE (LBR 1000) )
SY
6122
MILLING EXISTING ASPH PAVT 1-1/2" AVG. DEPTH
SY
33468
SUPERPAVE ASPHALTIC CONCRETE, S.P. 9.5, TRAFFIC C (2"
THICK, 1 LIFT)
SY
37518
PERFORMANCE TURF (BAHIA)
SY
12131
RETRO -REFLECTIVE PAVEMENT MARKER (AMBER/AMBER)
EA
352
THERMOPLASTIC PAVEMENT MARKINGS, STANDARD,
WHITE, SOLID, 6"
NM
3.406
THERMOPLASTIC PAVEMENT MARKINGS, STANDARD,
WHITE, SKIP (6'- 10') 6"
GM
.217
THERMOPLASTIC PAVEMENT MARKINGS, STANDARD,
WHITE, SKIP (10'- 30') 6"
GM
.095
THERMOPLASTIC, STANDARD, WHITE, ARROW
EA
7
THERMOPLASTIC, STANDARD, WHTIE, MESSAGE
EA
1
THERMOPLASTIC PAVEMENT MARKINGS, STANDARD,
YELLOW, SOLID, 6"
NM
1.661
THERMOPLASTIC PAVEMENT MARKINGS, STANDARD,
YELLOW, SOLID, 18"
LF
192
THERMOPLASTIC PAVEMENT MARKINGS, STANDARD,
YELLOW, SKIP (6'- 10'), 6"
GM
068
THERMOPLASTIC PAVEMENT MARKINGS, STANDARD,GM
YELLOW, SKIP (10'- 30'), 6"
1.002
Florida Statutes:
334.044(7)
CEI CLASSIFICATIONS
SR. PROJECT ENGINEER
PROJECT ADMINISTRATOR
SR. INSPECTOR
INSPECTOR
INSPECTOR'S AIDE
QUALITY CONTROL (QC) MANAGER
EARTHWORK CONSTRUCTION INSPECTOR LEVEL 1
EARTHWORK CONSTRUCTION INSPECTOR LEVEL 2
ASPHALT PAVING TECHNICIAN LEVEL 1
ASPHALT PAVING TECHNICIAN LEVEL 2
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 17 of 21
* The County will need written approval from the Department, if deviating from the deliverables
and/or CEI classifications shown in the Table above.
Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 18 of 21
EXHIBIT "B"
METHOD OF COMPENSATION
FINANCIAL PROJECT NO. 433066-1-58-01
This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement
between the State of Florida, Department of Transportation and Indian River County
referenced by the above Financial Project Number.
Schedule of Funding:
Please submit four copies of invoice(s) to the following address:
Florida Dept. of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr.
3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309
FY 2015
TOTAL
I. TOTAL PROJECT COST:
$
$
Design
$
$
Right of Way
$
$
Construction & CEI
$ 912,856.00
$ 912,856.00
II. PARTICIPATION:
Maximum Department Participation
(75%)
or $ 684,642.00
(75%)
or $ 684,642.00
Local Participation
(25%)
or $ 228,214.00
(25%)
or $ 228,214.00
In -Kind
$
$
Cash
$
$
Combination In-Kind/Cash
$
$
Waiver or Reduction
$
$
TOTAL PROJECT COST:
$ 912,856.00
$ 912,856.00
Please submit four copies of invoice(s) to the following address:
Florida Dept. of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr.
3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309
Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 19 of 21
EXHIBIT "C"
STATE FINANCIAL ASSISTANCE
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Florida Department of Transportation
State Project Title: Small County Outreach Program (SCOP) and Rural Areas of Opportunity (RAO)
CSFA Number: 55.009
Award Amount: $ 684,642.00
Specific information for CSFA Number 55.009 is provided at:
https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Compliance requirements for CSFA Number 55.009 are provided at:
https://apps.fldfs.com/fsaa/searchCompliance.aspx
Florida Statutes:
334.044(7)
EXHIBIT "D"
NOTICE OF COMPLETION
SMALL COUNTY OUTREACH PROGRAM
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
And
INDIAN RIVER COUNTY (RECIPIENT)
850-035-01
PAVEMENT MANAGEMENT
OGC-02/15
Page 20 of 21
PROJECT DESCRIPTION: Construction and CEI Services of CR -512 from 125th Avenue to
900 feet west of I-95
FINANCIAL PROJECT NUMBER: 433066-1-58-01
In accordance with the Terms and Conditions of the SMALL COUNTY OUTREACH PROGRAM
AGREEMENT, the undersigned hereby provides notification that the work authorized by this
Agreement is complete as of , 20
By:
Name:
Title:
Florida Statutes:
334.044(7)
EXHIBIT E
Recipient's Resolution
850-035-01
PAVEMENT MANAGEMENT
OGC —02/15
Page 21 of 21
RESOLUTION NO. 2015- 056
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S
EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM AGREEMENT FOR CONSTRUCTION
(RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES OF CR512 FROM
125TH AVENUE TO 900 FEET WEST OF 1-95.
WHEREAS, the resurfacing of CR512 from 125th Avenue to 900 feet west of 1-95 is an Indian
River County priority project; and
WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to
pay a portion of the cost for resurfacing of CR512 from 125th Avenue to 900 feet west of 1-95, as well as
Construction Engineering Inspection (CEI) services under the Small County Outreach Program (SCOP);
and
WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25
percent of the cost of the project costs as its portion of the required local match.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and
deliver to the State of Florida, Department of Transportation, a Small County Outreach Program
Agreement for the aforementioned project.
The foregoing resolution was offered by Commissioner Flescher who moved its adoption. The
motion was seconded by Commissioner Davis
follows:
and, upon being put to a vote, the vote was as
Chairman Wesley S. Davis Aye
Vice -Chairman Bob Solari Aye
Commissioner Peter D. O'Bryan Aye
Commissioner Joseph E. Flescher Aye
Commissioner Tim Zorc Aye
The Chairman thereupon declared the resolution passed and adopted this 5th day of
May , 2015.
Attest: Jeffrey R .mith, Clerk of Co rt
a er • ptroller
uty Clerk
j7vedastoForm2-Lufflie nc'
_..4, Dylan Reingold, County Attorney
BOARD OF COUNTY COMMISSSIONERS
OF IND QN RIVER COUNTY, FLORIDA
Wesley S. Davis, Chairman
STATE OF FLORIDA
vDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
rc.� JEFFR YYR. SMITH, LEAK
t JOYo,n - D.C.
DATE (1<-- 0(0 (r)
•
40.
•
. g$IO NER'
o
.RI\O'.•
F\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resurf (SCOP)_125th Ave to I-95\Admim\agenda items\Resolution SCOP
Agreement 05-05-2015.doc
TO:._PG404LK@dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT G0009
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #G0009 Contract Type:
Vendor Name: INDIAN RIVER CO
Vendor ID: VF596000679003
Beginning date of this Agmt: 05/19/15
Ending date of this Agmt: 06/30/17
Method of Procurement:
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 043010404 *AN *751000 * 684642.00 *43306615801 *21.5 •*
2015 *55150200 *085576/15
0001 *00 * *0001/04
TOTAL AMOUNT:
*$
684,642.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 05/15/2015