HomeMy WebLinkAbout2015-059Florida Statutes:
334.044(7)
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850-035-01
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Financial Project No.: 437004-1-58-01
Contract No. j:/j3
11- I
Vendor No.. VF -596-000-679-003
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 14-}'*" day of _Apr) I , 20 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.
Florida Statutes:
334.044(7)
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NOW, THEREFORE, in consideration of the mutual benefits contained in this Agreement,
the parties agree as follows:
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 Tater 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 TWO HUNDRED NINETY TWO THOUSAND FIVE HUNDRED FORTY FIVE DOLLARS
AND NO CENTS $292,545.00 (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 437004-1-58-01, 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.
Florida Statutes:
334.044(7)
850-035-01
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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
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 whichhave 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
Florida Statutes:
334.044(7)
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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. 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 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
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."
Florida Statutes:
334.044(7)
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k. The Department's obligation to pay under this Agreement is contingent upon an
annual appropriation by the Florida Legislature.
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 govemmental entities) or
10.650 (non-profit and for-profit organizations), Rules of the Auditor General.
Florida Statutes:
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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 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@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: FDOTSincileAudit@dot state.fl.us
and
Florida Statutes:
334.044(7)
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
850-035-01
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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, asapplicable.
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.
Florida Statutes:
334.044(7)
850-035-01
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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.
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 fumish 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.
Florida Statutes:
334.044(7)
550-035-01
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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.
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.
Florida Statutes:
334.044(7)
850-035-01
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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
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 Recipient's 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 attorneys 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
Florida Statutes:
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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."
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,
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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.
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; overnight 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.
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
Florida Statutes:
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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 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 - 02/15
Page 14of22
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below
INDIAN RIVER COUNTY
(Name of RECIPIENT)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATIO
TITLE: Chairman
I
TITLE: DIRECTOR OF TRANSPORTATION DEVELOPMENT
Print Name: S►et 4 c- Fii-A4NI
Date:
Lf"7/9/Zo15
LEGAL REVIEW: ��/ i��
See attached cumbrance form for date of
Funding approval by Comptroller.
Recipient's LEGAL REVIEW:
Print Name:
APPROVED AS TO FO
AND EG L FF
BY
WILLIAM K. + QRAAL
DEPUTY COUNTY ATTORNEY
Florida Statutes:
334.044(7)
Exhibit A
SCOPE OF SERVICES AND
DELIVERABLES
Aviation Boulevard/20th Avenue Intersection Improvements
FM# 437004-1-58-01
850-035-01
PAVEMENT MANAGEMENT
OGC-02/15
Page 15of22
This project is for the construction and Construction Engineering Inspection (CEI) services of
Aviation Boulevard/20th Avenue. The construction will consist of widening of Aviation Blvd. to
accommodate left turn lane and an eastbound right turn lane. The Project work will also include
but is not limited to asphalt milling, drainage improvements, curb and gutter installation,
signalization, & signing and pavement markings.
Florida Statutes:
334.044(7)
Exhibit A
SCOPE OF SERVICES AND
DELIVERABLES
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 16 of 22
DESCRIPTION
UNIT
ESTIMATED QTY.
MOBILIZATION
LS
1
MAINTENANCE OF TRAFFIC
LS
1
PREVENTION, CONTROL & ABATEMENT OF
EROSION & WATER POLLUTION
LS
1
SELECT CLEARING AND GRUBING
AC
1.6
REGULAR EXCAVATION
CY
669
EMBANKMENT
CY
861
CEMENTED COQUINA (LBR 100) (14") (3 LIFTS)
SY
2260
MILLING EXISTING ASPHALT PAVEMENT (1"
AVG. DEPTH)
SY
3484
TYPE SP -12.5 STRUCTURAL COURSE (TRAFFIC
C) (FINE MIX) (1.5")
TN
169
TYPE SP -9.5 STRUCTURAL COURSE (TRAFFIC
C) (FINE MIX) (1")
TN
304
MISC. ASPHALT (2")
TN
4
INLETS (CURB) (TYPE P-5) (<10')
EA
2
INLETS (DITCH BOTTOM) (TYPE C) (<10')
EA
1
MODIFY STRUCTURE (MANHOLE)
EA
1
MANHOLE P-7 (<10')
EA
1
CONCRETE PIPE CULVERT (15" SD)
LF
58
ELLIPTICAL PIPE CULVERT, ERCP (12"X18" SD)
LF
100
ELLIPTICAL PIPE CULVERT, ERCP (14"X23" SD)
LF
130
ELLIPTICAL PIPE CULVERT, ERCP (19"X30" SD)
LF
161
MITERED END SECTION (CONCRETE)
(14"X23"SD)
EA
1
MITERED END SECTION (CONCRETE)
(19"X30"SD)
EA
1
CONCRETE CURB & GUTTER, TYPE F
LF
398
CONCRETE SIDEWALK AND DRIVEWAYS, 6"
THICK
SY
57
GUARDRAIL, ROADWAY
LF
50
Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 17 of 22
DESCRIPTION
UNIT
ESTIMATED QTY.
GUARDRAIL BRIDGE ANCHORAGE ASSEMBLY
EA
2
GUARDRAIL END ANCHORAGE ASSEMBLY -
(TYPE CRT)
EA
2
PERFORMANCE TURF (BAHIA SOD)
SY
6340
CONDUIT (FURNISH & INSTALL)
(UNDERGROUND) (2" PVC)
LF
355
CABLE (SIGNAL) (FURNISH & INSTALL)
PI
1
FIBER OPTIC CABLE (12 CABLE)
LF
240
FIBER OPTIC CONNECTION (SPLICE)
EA
12
FIBER OPTIC CONNECTION (TERMINATION)
EA
12
PULL BOX (FURNISH & INSTALL) (TRAFFIC
SIGNAL)
EA
10
ELECTRIC POWER SERVICE (SIGNALS)(METER
PURCHASED BY CONTRACTOR)
AS
1
ELECTRICAL SERVICE WIRE (FURNISH &
INSTALL)
LF
1575
ELECTRICAL SERVICE DISCONNECT (FURNISH
& INSTALL) (POLE MOUNTED)
EA
1
PRESTRESSED CONCRETE POLE (FURNISH &
INSTALL) (TYPE P -II SERVICE POLE)
EA
1
MAST ARM ASSEMBLY (FURNISH & INSTALL)
(150 MPH) (SINGLE ARM W/ LUMINAIRE) (60')
EA
1
MAST ARM ASSEMBLY (FURNISH & INSTALL)
(150 MPH) (DOUBLE ARM W/O LUMINAIRE)
(46'-46')
EA
1
TRAFFIC SIGNAL (FURNISH & INSTALL) (3-
SECTION) (1 -WAY) (STANDARD)
AS
5
TRAFFIC SIGNAL (FURNISH & INSTALL) (5-
SECTION) (1 -WAY) (STANDARD)
AS
1
VEHICLE DETECTION SYSTEM (FURNISH &
INSTALL) (VIDEO DETECTION) (OVERHEAD)
EA
3
TRAFFIC CONTROLLER ASSEMBLY (FURNISH
& INSTALL) (NEMA) (ONE PREEMPTION PLAN)
AS
1
ETHERNET SWITCH
EA
1
SYSTEM AUXILIARIES (CCTV CAMERA
ASSEMBLY)
EA
2
SYSTEM AUXILIARIES (FIBER OPTIC VIDEO
AMPLIFIER, TRANSMITTER & RECEIVER)
EA
2
Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 18of22
DESCRIPTION
UNIT
ESTIMATED
QTY.
INTERNALLY ILLUMINATED SIGN (FURNISH &
INSTALL) (STREET NAME)
EA
3
SINGLE POST SIGN (FURNISH & INSTALL)
(LESS THAN 12 SF)
AS
8
SINGLE SIGN POST (RELOCATE)
AS
1
SIGN PANEL (FURNISH & INSTALL) (LESS
THAN 12 SF)
EA
1
RETRO -REFLECTIVE PAVEMENT MARKER
EA
137
THERMOPLASTIC (STANDARD) (WHITE)
(SOLID) (6")
LF
3387
THERMOPLASTIC (STANDARD) (WHITE)
(SOLID) (18")
LF
47
THERMOPLASTIC (STANDARD) (WHITE)
(SOLID) (24")
LF
77
THERMOPLASTIC (STANDARD) (WHITE) (SKIP)
(6")
LF
360
THERMOPLASTIC (STANDARD) (WHITE)
(MESSAGE)
EA
8
THERMOPLASTIC (STANDARD) (WHITE)
(ARROWS)
EA
13
THERMOPLASTIC (STANDARD) (YELLOW)
(SOLID) (6")
LF
4147
THERMOPLASTIC (STANDARD) (YELLOW)
(SOLID) (18")
LF
667
TRENCH SAFETY COMPLIANCE (OVER 5')
LS
1
TRENCH SAFETY COMPLIANCE (SHORING)
LS
1
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
Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02115
Page 19 of 22
EXHIBIT "B"
METHOD OF COMPENSATION
FINANCIAL PROJECT NO. 437004-1-58-01
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
$ 586,068.00
$ 586,068.00
II. PARTICIPATION:
Maximum Department Participation
(75%)
or $ 292,545.00
()
or $ 292,545.00
Local Participation
(2_5_3/4)
or $ 293,523 00
(2)
or $ 293,523.00
In -Kind
$
$
Cash
$
$
Combination In-Kind/Cash
$
$
Waiver or Reduction
$
$
TOTAL PROJECT COST:
$ 586,068.00
$ 586,068.00
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)
EXFIIBIT "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:
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 20 of 22
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: V 29 2,54*.
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)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 21 of 22
EXHIBIT "D"
NOTICE OF COMPLETION
SMALL COUNTY OUTREACH PROGRAM
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
And
INDIAN RIVER COUNTY (RECIPIENT)
PROJECT DESCRIPTION: Construction and CEI Services of Aviation Boulevard/ 20th
Avenue, Intersection Improvements
FINANCIAL PROJECT NUMBER: 437004-1-58-01
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:
r
Florida Statutes:
334.044(7)
EXHIBIT E
Recipient's Resolution
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page22of22
RESOLUTION NO. 2015-040
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 AND
CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES FOR AVIATION BOULEVARD/20TM
AVENUE INTERSECTION IMPROVEMENTS.
WHEREAS, the widening of Aviation Boulevard to accommodate a left turn lane, an eastbound
turn lane and signalization at 20th Avenue 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 the widening of Aviation Boulevard to accommodate a left turn lane, an
eastbound /turn lane and signalization at 20th Avenue, 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
$293,523.00 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 and, upon being put to a
vote, the vote was as follows:
Chairman Wesley S. Davis Aye
Vice -Chairman Bob Solari Aye
Commissioner Peter D. O'Bryan AyP
Commissioner Joseph E. Flescher Aye
Commissioner Tim Zorc AyP
The Chairman thereupon declared the resolution passed and adopted this 17th day
of March , 2015.
County Attorney
Approved as to Form and Legal Sufficiency
BOARD OF COUNTY COMMISSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Wesley S. Davis, Chairman
Attest: Jeffrey Rj mith, Clerk of Cou
Deputy CI
•p•.•��M 1 S S I O N f RS •ti.
•
ti • ' •c
•. �NRNEa,.
& Comptroller
F \Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd -20th Avenue Intersection Improvements\Admim\agenda
items\Resolution SCOP Agreement 3-17-2015.doc
TO: PG404LK@dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT ARU11
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #ARU11 Contract Type:
Vendor Name: INDIAN RIVER CO
Vendor ID: VF596000679003
Beginning date of this Agmt: 04/13/15
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 * 292545.00 *43700415801 *215 *
2015 *55150200 *085576/15
0001 *00 * *0001/04
TOTAL AMOUNT: *$ 292,545.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 04/10/2015