HomeMy WebLinkAbout2015-073ao (5
8.6.
ants -013
AGREEMENT FOR FEDERAL TRANSIT GRANT ADMINISTRATION
CONSULTING SERVICES
by and between
THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
and
CIVILSURV DESIGN GROUP, INC.
THIS AGREEMENT, entered into this 11141 day of 2015, by and between the
Indian River County Board of County Commissioners, hereinafter referred to as the "County" and,
CivilSury Design Group, Inc., hereinafter referred to as the "Consultant."
WITNESSETH THAT:
WHEREAS, the County has entered into an agreement with the Federal Transit
Administration, hereinafter referred to as the "FTA", providing for financial assistance for transit
system capital improvements; and,
WHEREAS, the County desires to engage the Consultant to render such assistance and
advice necessary to complete the responsibilities of the County under the agreement.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
I. SCOPE OF SERVICES
The parties agree that the foregoing recitals are true, and they are incorporated into this Agreement
by this reference. The Consultant shall provide oversight and advise the County in carrying out the
scope of services in a satisfactory and proper manner. Said scope of services are attached to this
Agreement as Attachment 1 and made a part thereof.
II. ADDITIONAL RESPONSIBILITIES OF THE CONSULTANT
1. The Consultant shall abide by all agreements between the County and the FTA. The
executed Indian River County/FTA Section 5309 Grant is hereby made part of this
document by reference as Attachment 2 while the Standard Federal Transit
Administration Certifications and Assurances will be made part of this document by
reference as Attachment 3.
2. The services rendered by the Consultant shall be commenced upon written notice
from the County.
3. The Consultant agrees that no work shall be undertaken or commenced prior to the
execution date of the Agreement which shall be the date executed by the last party
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hereto.
4. The Consultant shall submit copies of all proposed changes to the project scope of
services for review and approval by the County staff before authorization of any
contract change order. After said review and approval by the County, changes shall
not be effective unless in writing and properly executed by the parties.
5. The Consultant shall comply with Title IV of the Civil Rights Act of 1964 (Public
Law 88-352) and Title VI of the Act (42 USC 2000 D) in that: No person in the
United States shall on the grounds of race, creed, color, national origin, sex, age,
political affiliation, or religious beliefs be subjected to discrimination under any
program or activity which the Consultant has agreed to undertake by and through the
covenants and provisions set forth in the agreement.
6. The Consultant shall designate a representative to keep County staff informed as to
all aspects of the project work. The name and address of consultant's designated
representative is: _Christopher W. Murphy, 2400 Rhode Island Ave., Fort Pierce, FL
34950 .
7. The Consultant shall have all records and project work accessible for inspection and
review by County staff at such time as is mutually agreeable to all parties.
8. The Consultant shall keep and maintain financial, invoice, and employment records
pertaining to the contractual obligation between the County and the Consultant for
pre -audit and post -audit purposes for a period of three years following the completion
of all project work, or until all claims and audit findings involving the records have
been received, whichever is later. The County, the FTA, or any of their duly
authorized representatives shall have access to any books, documents, papers, and
records of the Consultant which are directly pertinent to that specific agreement, for
the purpose of making audit, examination, excerpts, and transcription.
9. The Consultant shall forward all documentation as it pertains to the project to the
designated County Project Manager. Name: Phillip Matson Address: Indian
River County, 1801 27th Street, Vero Beach, FL 32960 .
10. It is understood and agreed that all documents, including reports and other data
prepared or obtained by the Consultant in connection with its services hereunder,
shall be delivered to, and become the property of, the County prior to final payment
to the Consultant.
III. RESPONSIBILITIES OF THE COUNTY
1. The County shall provide the Consultant access to appropriate records, documents,
and other materials necessary to complete the project.
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2. The County Project Manager represents the County in all technical matters pertaining
to the work and performance of this Agreement, whose responsibility shall include:
a. Examination of all reports, surveys, and other documents presented by the
Consultant and rendering, in writing, decisions pertaining thereto within a
reasonable time so as not to materially delay the work of the Consultant. For
purposes of this agreement, reasonable period of time will mean two weeks
from receipt of applicable material.
b. Transmission of instructions, receipt of information, interpretation and
definition of County policies and decisions with regard to the work covered
by this Agreement.
c. Transmission of prompt written notice to the Consultant whenever the
County observes or otherwise becomes aware of any defects or changes
necessary in the project.
IV. TIME OF PERFORMANCE
The schedule for completion of the work will be approximately 15 months from, the date of the
Notice to Proceed. The period of performance of the contract will be dependent on the design and
construction schedules of the project. At its discretion, the County may extend the time period of
these services if such an extension is in the best interest of the County.
V. TERMINATION
The obligation to provide services under this Agreement will be terminated upon completion of all
work as described in Attachment 1, Scope of Services, and the Consultant has submitted all products
to the County and all deliverables have been deemed satisfactory by the County. In addition, the
obligation to provide services under this Agreement may be terminated by either party upon seven
(7) days' written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof through no fault of the terminating party.
In the event that the agreement is terminated by either party prior to the Consultant's satisfactory
completion of all Tasks listed in Attachment 1, Scope of Services, the project will be deemed
abandoned, and no compensation will be paid by the County to the Consultant for Tasks or portions
thereof not yet satisfactorily completed.
The County may unilaterally cancel this Contract for refusal by the Consultant to 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 Consultant in conjunction with the Contract.
VI. AUDIT RIGHTS
The County reserves the right to audit the records of the Consultant related to this Agreement at any
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time during the execution of the work included herein and for a period of three years after final
payment is made. Bills for fees or other compensation for services or expenses shall be submitted to
the County in detail sufficient for a proper pre -audit and post audit thereof.
VII. WARRANTY
The Consultant warrants that he has not employed or retained any company or person other than a
bona fide employee working solely for the Consultant to solicit or secure this contract and that he has
not paid or agreed to pay any company or person other than a bona fide employee working solely for
the Consultant any fee, commission, percentage fee, gifts or any other consideration, contingent upon
or resulting from the award of making of this contract. For breach of violation of this warranty, the
County shall have the right to annul this contract without liability.
VIII. ENTIRE AGREEMENT
This Agreement and its Attachments hereto embody the whole agreement of the parties, and there are
no provisions, terms, conditions, or obligations other than those contained herein. This agreement
shall supersede all previous communications, representations, or oral agreements between the parties,
and no amendment hereto shall be effective unless reduced to writing and signed by the parties
hereto.
IX. INDEPENDENT CONTRACTOR
It is specifically understood and acknowledged by the parties hereto that the Consultant or employees
or subcontractors of the Consultant are in no way to be considered employees of the County, but are
independent contractors performing solely under the terms of the Agreement and not otherwise.
X. COMPENSATION AND METHOD OF PAYMENT
The County shall pay to the Consultant professional fees not to exceed the total amount of $24,930.
Consultant will invoice the County monthly based on the percent of work completed during the
preceding 30 -day period. Each monthly invoice will document the work performed. The County
Project Manager will determine if the work performed is consistent with the amount of the invoice
and will authorize payment as appropriate.
XI. INSURANCE AND INDEMNIFICATION
The Consultant shall not commence work on this contract until he has obtained all insurance
required under this paragraph and such insurance has been approved by the County's representative.
The Consultant shall indemnify and hold harmless the County, 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 intentionally wrongful conduct of the consultant
and other persons employed or utilized by the consultant in the performance of the contract.
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The Consultant shall maintain during the term of this Agreement the following insurance:
A. Business Automobile Liability Insurance covering all owned, non -owned and hired
vehicles with minimum limits of liability of $1,000,000 per occurrence Combined
Single Limit for bodily injury and property damage.
B. Commercial General Liability Insurance for premises/operations, products/completed
operations, contractual liability, and independent contractors with minimum limits of
liability of $1,000,000 per occurrence Combined Single Limit for bodily injury and
property damage.
C. Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes,
as presently written or hereinafter amended. The policy must include Employers
Liability with a limit of $100,000 for each accident, $500,000 for disease (policy
limit), and $100,000 for disease (employee limit).
All insurance policies shall be issued by companies authorized to do business under the laws of the
State of Florida. All such insurers must have an A.M. Best rating of no less than A+VII.
The Consultant shall furnish certificates of insurance to the County prior to the commencement of
operations, which certificates shall clearly indicate that the Consultant has obtained insurance in the
type, amount, and classification as required for strict compliance with this section and that no
material change or cancellation of this insurance shall be effective without thirty (30) days prior
written notice to the County.
Compliance with the foregoing requirements shall not relieve the Consultant of his liability and
obligations under this section or under any other portion of this Agreement.
XII. PROHIBITED INTERESTS
No member, officer, or employee of the County or of the member governments during his/her tenure
or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof This requirement also applies to any subcontract entered into by the Consultant concerning
this project.
ATTACHMENTS:
Attachment 1: Project Scope of Services
Attachment 2: Federal Transit Administration Section 5309 Bus Livability Grant
Attachment 3: Federal Certifications and Assurances
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4 Dylan Reingold
County Attorney
CONCLUSION
It is mutually agreed between the County and Consultant that this Agreement, including all
attachments to it, constitutes an agreement, made in Florida, and that it shall be construed according
to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other
party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the
event of federal jurisdiction, in the United States District Court for the Southern District of Florida.
IN WITNESS OF THE FOREGOING, the parties have read this Agreement and attachments
to it and have affixed their signatures, effective on the date first appearing above.
ATTEST:
BY:6D1/l,(. 0Lg • Vl i tr) ,D.0
' J.R. SMITH
CLERK CIRCUIT COURT
ATTEST:
BY:
Approved as to Form and
Legal Sufficiency
0,0
' `j� GOI�fM�s�
INDIAN RIVER COUNTY •o
BOARD OF COUNTY i•*
COMMISSIONERS i
1-i';
-0:3•
%.."14.'4:113:1-.T.
O
BY
Wesley S. Davis
Chairman
CIVILSURV DESIGN GROUP, INC.
BY:
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SCOPE OF SERVICES
PROJECT ADMINISTRATION CONSULTANT
PROJECT DESCRIPTION:
The project involves administration services for the capital portion of a mass transit
grant awarded to the County by the Federal Transit Administration (FTA).
As an FTA recipient, the County is required to follow FTA regulations regarding
procurement and contracting. Consequently, certain federal and state requirements (such
as equal employment opportunity provisions) will apply to the contract for this project.
Task 1: Project Administration Services
The specific sub -tasks involved with this project include, but are not limited to the following:
• Establishing the financial procedures for receiving funds and disbursing
payments.
Assessing the local government's compliance with federal regulations
concerning procurement, employment, personnel and property management,
records retention, ethics, and others.
• Reviewing contractor bid documents.
• Evaluating proposals and determining eligibility and compliance.
• Reviewing contract documents.
• Monitoring contractor performance and compliance with contract requirements.
• Supervising all payment authorizations to ensure proper documentation and
appropriate payments.
• Review contractor certified payroll associated with pay requests for EEO
compliance.
• Maintaining all required files.
• Producing and submitting required program reports.
• Representing the local government during monitoring visits. Responding to
monitoring reports.
• Responding to questions and/or complaints from citizens.
A TACIT AE NT 1
• Recommending policy and/or grant amendments. Taking necessary actions,
such as advertising, conducting public hearings, and updating project
environmental review files.
• Performing program close-out activities, including submission of reports and
provision of follow-up information.
• Ensuring compliance with FTA requirements .
• Other administrative tasks related to FTA Grants and procedures.
Task 1 will be performed throughout the three (3) major phases of the project. The phases are 1.)
Design Phase, 2.) Bid Phase, and 3.) Construction Phase.
Fees
The services will be provided on a Fee Not to Exceed basis based on Time & Material. All invoices
will be submitted monthly as hourly invoices for work performed. The project labor budget, fee
schedule, and total project budget detail are included in attachments B.1 and B.2 to this scope.
Total Base Fee for these services is: $24,930.00
EXHIBIT 'B.11
CivilSury Design Group, Inc.
Indian River County Transit Hub
Project Administration Consultant Services Budget
DESCRIPTION
Senior Project Manager-CSDG
Project Manager-CSDG
-Task Totals
Chris Murphy, P.E.
Hetty Harmon, AICP
$150 per hour
$90 per hour
HR
Cost
HR
Cost
TASK 1: Phase 1 DESIGN PHASE SERVICES
16.0
$ 2,400.00
8.0
$ 720.00
$ 3,120.00
TASK 1: Phase 2 BID PHASE SERVICES
36.0
$ 5,400.00
20.0
$ 1,800.00
$ 7,200.00
TASK 1: Phase 3 CONSTRUCTION PHASE SERVICES
56.0
$ 8,400.00
69.0
$ 6,210.00
$ 14,610.00
Sub -total:
108.0
$ 16,200.00
97.0
$ 8,730.00
$ 24,930.00
3/16/2015
Staff
EXHIBIT '6.2'
CivilSury Design Group, Inc.
Indian River County Transit Hub
Project Administration Consultant Services Budget
Monthly Labor Estimate
Phase 1. Design Phase (4 months) Phase 2: Bid Phase (5 months)
1 2 3 4
5
6
7
8
9
Phase 3: Construction Phase (6 months) Rate ($/hr)
10
11
12
13
14
15
Chris Muprhy, P.E. (hrs)
4
4
4
4
8
8
8
4
8
8
8
8
8
12
12
Hetty Harmon, AICP (hrs)
2
2
2
2
4
4
4
4
4
12
12
12
12
11
10
3/16/2015
Total hrs
Rate ($/hr
Total Fee
108
$ 150
$ 16,200
97
$ 90
$ 8,730
Total: $ 24,930.00
View Print
Page 1 of 10
DOT FTA
U.S. Department of Transportation
Application
Federal Transit Administration
Recipient ID.
5630
Recipient Name
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Project ID
FL -04-0182-00
Budget Number
1 - Budget Approved
Project Information
BLV FY12 Intermodal Transit Hub
Part 1: Recipient Information
Project Number
FL -04-0182-00
Recipient ID
5630
Recipient Name
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Address
1801 27TH STREET , VERO BEACH, FL 32960 3365
Telephone
(772) 226-1455
Facsimile
(772) 978-1806
Union Information
Recipient ID:
5630
Union Name.
TEAMSTERS LOCAL 769
Address 1.
3400 43rd Ave #3
Address 2.
City.
Vero Beach, FL 32960
Contact Name*
Steve Myers
Telephone
(772) 978-0011
Facsimile.
E-mail.
Website
Part 2: Project Information
Project Type Grant
Gross Project
Cost:
$1,150,000
ATTACHMENT 2
https://ftateamweb.fta.dot.gov/teamweb/ApplicationsNiewPrint/V iewPrintRes.asp?GUI... 12/31/2013
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Page 2 of 10
Project Number
FL -04-0182-00
Adjustment Amt:
$0
Project Description
BLV FY12 Intermodal Transit
Hub
Total Eligible Cost:
$1,150,000
Total FTA Amt:
$1,150,000
Recipient Type
County Agency
Total State Amt:
$0
FTA Project Mgr
Chris White - 404-865-5619
Total Local Amt:
$0
Recipient Contact:
Brian Freeman 772-226-1990
Other Federal
Amt:
$0
New/Amendment:
New
Amend Reason.
Initial Application
Special Cond Amt:
$0
Fed Dom Asst. #*
20500
Special Condition
None Specified
Sec. of Statute
5309-2
S C. Tgt. Date
None Specified
State Appl ID
None Specified
S C Eff. Date:
None Specified
Start/End Date.
Aug 01, 2013 - Jan 31, 2015
Est. Oblig Date
None Specified
Recvd. By State*
Sep. 24, 2013
Pre -Award
Authority?
Yes
EO 12372 Rev*
Not Applicable
Fed Debt
Authority?*
No
Review Date*
None Specified
p
Planning Grant?*
NO
Final Budget?:
No
Program Date
(STIP/UPWP/FTA
Prm Plan)
Aug 07, 2013
Program Page
685
Application Type
Electronic
Supp Agreement?
No
Debt. Delinq. Details
Urbanized Areas
UZA ID
UZA Name
120000
FLORIDA
Congressional Districts
State ID
District Code
District Official
12
15
Dennis A Ross
Project Details
Funding is requested through Section 5309 for Fiscal Year 2012 The source of funding is through the Bus
Livability Initiative and was announced in the Federal Register on August 14, 2012 (Vol. 77, No 157, page
48592)
This grant will fund the construction of a new intermodal transit hub near downtown Vero Beach. The total
eligible cost is $1,150,000; of which the federal share is $1,150,000 FDOT District 4 has authorized toll revenue
credits in the amount of $287,500 in support of this application in the letter dated November 7, 2012
https://ftateamweb.fta.dot.gov/teamweb/ApplicationsNiewPrint/V iewPrintRes.asp?GUI... 12/31/2013
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Attachments:
Toll Revenue Credit Letter
FY 2013 STIP
Earmarks
Earmark Details
Page 3 of 10
Earmark ID
Earmark Name
Orig Balance
Amount
Applied
D2012-BLIV-016
Construct New Intermodal Bus
$1,150,000
$1,150,000
Number of Earmarks: 1
Total Amount Applied: $1,150,000
Date Sent for Release: 9/24/2013 2:41:42 PM
Date Released:
Security
No information found.
Part 3: Budget
Prosect Budget
OTHER (Scopes and Activities not included in Project Budget Totals)
https://ftateamweb.fta.dot.gov/teamweb/Applications/ViewPrint/ViewPrintRes.asp?GUI... 12/31/2013
Quantity
FTA Amount
Tot. Eliq. Cost
SCOPE
113-00 BUS - STATION/STOPS/TERMINALS
2
$1,150,000 00
$1,150,000 00
ACTIVITY
11.31.02 ENG/DESIGN - BUS STATION
1
$100,000 00
$100,000 00
11.33.02 CONSTRUCT - BUS STATION
1
$1,050,000 00
$1,050,000.00
Estimated Total Eligible Cost:
$1,150,000.00
Federal Share:
$1,150,000.00
Local Share:
$0.00
OTHER (Scopes and Activities not included in Project Budget Totals)
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None
SOURCES OF FEDERAL FINANCIAL ASSISTANCE
Page 4 of 10
UZA ID
Accounting
Classification
FPC
FY
—
SEC
Previously
Amendment
Total
Approved
Amount
$1,050,000 00
Jan 31, 2015
Construction of new intermodal transit hub in Vero Beach. The anticipated useful life of the facility is 40 years
123920
2012.25.04 BL.2
00
2014
04
$0 00
$1,150,000 00
$1,150,000 00
Total Previously Approved:
$0.00
Total Amendment Amount:
$1,150,000.00
Total from all Funding Sources:
$1,150,000.00
Alternative Fuel Codes
Extended Budget Descriptions
11.31.02
ENG/DESIGN - BUS STATION 1
$100,000 00
$100,000 00
RFP/IFB Issued
Architectural and engineering design for new intermodal transit hub in Vero Beach. The anticipated useful life of
the facility is 40 years.
2
11.33.02
CONSTRUCT - BUS STATION 1
$1,050,000 00
$1,050,000 00
Jan 31, 2015
Construction of new intermodal transit hub in Vero Beach. The anticipated useful life of the facility is 40 years
Changes since the Prior Budget
No information found.
Part 4. Milestones
11.31.02 ENG/DESIGN - BUS STATION
1
$100,000
$100,000
11.33.02 CONSTRUCT - BUS STATION
1 $1,050,000 $1,050,000
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Milestone Description
Est. Comp. Date,
1
RFP/IFB Issued
Oct. 01, 2013
2
Contract Award
Dec. 31, 2013
3.
Contract Complete
Jan 31, 2015
11.33.02 CONSTRUCT - BUS STATION
1 $1,050,000 $1,050,000
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Page 5 of 10
Part 5. Environmental Findings
113102 ENG/DESIGN - BUS STATION
Finding No. 1 - Class II(c)
1 $100,000 $100,000
C09 - Assembly or construction of facilities
Assembly or construction of facilities that is consistent with existing land use and zoning requirements
(including floodplain regulations) and uses primarily land disturbed for transportation use, such as buildings
and associated structures, bus transfer stations or intermodal centers, busways and streetcar lines or other
transit investments within areas of the right-of-way occupied by the physical footprint of the existing facility
or otherwise maintained or used for transportation operations, and parking facilities
Finding Details Documented Categorical Exclusion (DCE) approved on July 23, 2013
113302 CONSTRUCT - BUS STATION
Finding No. 1 - Class II(d)
D07 - Other
Other
1 $1,050,000 $1,050,000
Finding Details. Documented Categorical Exclusion (DCE) approved on July 23, 2013
Part 6: Fleet Status
No information found.
Part 7. FTA Comments
General Review
Comment Title
Milestone Description
Est. Comp. Date
1
RFP/IFB Issued
May 01, 2014
2.
Contract Award
Jul. 31, 2014
3
Contract Complete
Jan 31, 2015
Part 5. Environmental Findings
113102 ENG/DESIGN - BUS STATION
Finding No. 1 - Class II(c)
1 $100,000 $100,000
C09 - Assembly or construction of facilities
Assembly or construction of facilities that is consistent with existing land use and zoning requirements
(including floodplain regulations) and uses primarily land disturbed for transportation use, such as buildings
and associated structures, bus transfer stations or intermodal centers, busways and streetcar lines or other
transit investments within areas of the right-of-way occupied by the physical footprint of the existing facility
or otherwise maintained or used for transportation operations, and parking facilities
Finding Details Documented Categorical Exclusion (DCE) approved on July 23, 2013
113302 CONSTRUCT - BUS STATION
Finding No. 1 - Class II(d)
D07 - Other
Other
1 $1,050,000 $1,050,000
Finding Details. Documented Categorical Exclusion (DCE) approved on July 23, 2013
Part 6: Fleet Status
No information found.
Part 7. FTA Comments
General Review
Comment Title
PM Comment
Comment By:
Christopher White
Date Created.
Sep 06, 2013
Date Updated
Sep. 16, 2013
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Ref Section
Project Overview
Page 6 of 10
Comment:
Please attach a brief/comprehensive description of the intermodal transit hub project that
includes both a project budget & schedule CW
CLEARED
Comment Title:
LaShore
Comment By:
Tajsha LaShore
Date Created:
Aug 05, 2013
Date Updated
Aug 20, 2013
Ref Section
Unknown
Comment:
(1) Please attach the STIP page to TEAM and provide the STIP program date in the
application CLEARED
(2) Please complete the EARMARK page in TEAM for this application Under modify
application, click on project information, then click on earmark, then complete the
information - please pull down your earmark and provide your congressional interest rep
for the project. CLEARED
(3) environmental finding - please provide the FTA date of approval for the DCE for the
construction ALI Please place the approval date information in the blank box. CLEARED
Conditions of Award
Comment Title
Transp. development credits
Comment By.
Tajsha LaShore
Date Created
Aug 14, 2013
Date Updated
None Specified
Ref Section.
Unknown
Comment:
A letter is attached from FDOT, dated November 7, 2012, confirming transportation
development credits in the amount of $287,500 for this grant application.
Comment Title
DOL Certification
Comment By•
Erica Matos
Date Created.
Sep 24, 2013
Date Updated
None Specified
Ref Section
Unknown
Comment:
This award of Federal financial assistance is subject to the terms and conditions set forth
in the U S Department of Labor's certification letter dated September 24, 2013, to the
Federal Transit Administration with respect to this numbered grant, including any
attachments to the letter, which are fully incorporated herein by reference.
Comments to DOL
Comment Title
DOL
Comment By.
Tajsha LaShore
Date Created
Aug. 14, 2013
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Page 7 of 10
Date Updated
None Specified
Ref Section:
Unknown
Comment:
Grantee is using these funds for an intermodal transit hub - engineering/design and
construction (capital expenditures only)
Please review at your earliest convenience.
Grantee contact is Brian Freeman at 772-226-1990.
Part 8: Results of Reviews
The reviewer did not find any errors
Part 9: Agreement
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
GRANT AGREEMENT
(FTA G-19, October 1, 2012)
On the date the authorized U S Department of Transportation, Federal Transit Administration (FTA) official's
electronic signature is entered for this Grant Agreement, FTA has Awarded Federal assistance in support of the
Project described below. Upon Execution of this Grant Agreement by the Grantee named below, the Grantee
affirms this FTA Award, and enters into this Grant Agreement with FTA. The following documents are
incorporated by reference and made part of this Grant Agreement:
(1) "Federal Transit Administration Master Agreement," FTA MA(19), October 1, 2012,
http.//www fta.dot.gov/documents/19-Master pdf
(2) The Certifications and Assurances applicable to the Project that the Grantee has selected and provided to
FTA, and
(3) Any Award notification containing special conditions or requirements, if issued
FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL
ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS
FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN
FTA AWARD
FTA hereby awards a Federal grant as follows
Project No. FL -04-0182-00
Grantee. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Citation of Statute(s) Authorizing Project: 49 USC 5309 - Bus and Bus Facilities (FY2006 forward)
Estimated Total Eligible Cost (in U.S. Dollars). $1,150,000
Maximum Total FTA Amount Awarded (in U.S. Dollars). $1,150,000
Amount of This FTA Award (in U.S. Dollars). $1,150,000
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Maximum Percentage(s) of FTA Participation.
Page 8 of 10
Percentages of Federal participation are based on amounts included in the Approved Project Budget, modified as
set forth in the text following the Project Description
U.S. Department of Labor Certification of Public Transportation Emplovee Protective Arrangements:
Original Project Certification Date. 9/24/2013
Project Description:
BLV FY12 Intermodal Transit Hub
The Project Description includes information describing the Project within the Project Application submitted to
FTA, and the Approved Project Budget, modified by any additional statements displayed in this Grant Agreement,
and, to the extent FTA concurs, statements in other documents including Attachments entered into TEAM -Web.
A letter is attached from FDOT, dated November 7, 2012, confirming transportation development credits in the
amount of $287,500 for this grant application.
This award of Federal financial assistance is.subject to the terms and conditions set forth in the U.S Department
of Labor's certification letter dated September 24, 2013, to the Federal Transit Administration with respect to this
numbered grant, including any attachments to the letter, which are fully incorporated herein by reference
Awarded By.
Tom Thomson
Deputy Regional Administrator
FEDERAL TRANSIT ADMINISTRATION
U S DEPARTMENT OF TRANSPORTATION
10/31/2013
EXECUTION OF GRANT AGREEMENT
Upon full execution of this Grant Agreement by the Grantee, the Effective Date will be the date FTA or the
Federal Government awarded Federal assistance for this Grant Agreement.
By executing this Grant Agreement, the Grantee intends to enter into a legally binding agreement in
which the Grantee
(1) Affirms this FTA Award,
(2) Adopts and ratifies all of the following information it has submitted to FTA.
(a) Statements,
(b) Representations,
(c) Warranties,
(d) Covenants, and
(e) Materials,
(3) Consents to comply with the requirements of this FTA Award, and
(4) Agrees to all terms and conditions set forth in this Grant Agreement.
By executing this Grant Agreement, I am simultaneously executing any Supplemental Agreement that
may be required to effectuate this Grant Agreement.
Executed by.
Phillip J Matson
Director
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INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
10/31/2013
FL -04-0182-00 Quarterly Narrative Report
Jul. 01, 2013 through Sep. 30, 2013
As Of Dec. 31, 2013
(DRAFT)
No MS/P Report , No FFR
Part 1: Recipient Information
Page 9 of 10
Project Number
FL -04-0182-00
Recipient ID:
5630
Recipient Name
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Address
1801 27TH STREET , VERO BEACH, FL 32960 3365
Telephone'
(772) 226-1455
Facsimile
(772) 978-1806
Part 2: Project Information
Project No
FL -04-0182-00
Brief Desc.
BLV FY12 Intermodal Transit Hub
FTA Project Mgr
Chris White - 404-865-5619
Start/End Date
Aug 01, 2013 - Jan 31, 2015
Gross Project Cost:
$1,150,000
Adjustment Amt:
$0
Total Eligible Cost:
$1,150,000
Total FTA Amt:
$1,150,000
Total State Amt:
$0
Total Local Amt:
$0
Other Federal Amt:
$0
Part 3: Federal Financial Report
Financial Status
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Previous
This Period
Cumulative
A. Federal Cash on Hand at Beginning of
Period
$0
B Federal Cash Receipts
$0
C Federal Cash Disbursements
$0
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D Federal Cash on Hand at End of Period
N/A
$0
E. Total Federal Funds Authorized
00%
Base
$0
F Federal Share of Expenditures
$0
$0
$0
G Recipient Share of Expenditures
$0
$0
$0
H Total Expenditures( F + G)
$0
$0
$0
I Federal Share of Unliquidated
Obligations
$0
J Recipient Share of Unliquidated
Obligations
$0
K. Total Unliquidated Obligations( I + J)
$0
L. Total Federal Share ( F + I)
$0
M Unobligated Balance of Federal Funds
(E - L)
$0
N Total Recipient Share Required
$0
O Remaining Recipient Share to be
provided N - ( G + J )
$0
P Federal Program Income on Hand at
Beginning of Period
$0
Q Total Federal Program income earned
$0
R. Federal Program income expended in
accordance with the deduction alternative
$0
S Federal Program income expended in
accordance with the addition alternative
$0
T Federal Program income expended on
allowable Transit Capital and Operating
expenses
$0
U Federal Unexpended Program income
(P+Q-RorsorT)
$0
Indirect Expense
Type
N/A
Rate
0
00%
Base
$0
Amount Charged
$0
Federal Share
$0
Part 4. Milestone/Progress Report
No Milestone Report
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APPENDIX A
FEDERAL REQUIREMENTS
The following are requirements of the successful consultant that are conditions of the Federal grant funds
available to this project. As noted in each section below, these requirements contain both certifications
and requirements applicable to proposers that choose to respond to this Request for Qualifications, as
well as certifications and requirements of the successful proposer. All applicable provisions will be
included in the professional services contract awarded as an outcome of this selection process.
A. Energy Conservation
The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
B. Clean Water
(1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Consultant agrees to
report each violation to the County and understands and agrees that the County will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
C. Lobbying
See Appendix B.
D. Access to Records and Reports
The following requirements apply to access to records:
1) Where the County is the FTA Recipient or a sub -grantee of the FTA Recipient in accordance with 49
C.F.R.18.36(i), the Consultant agrees to provide the County, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any books, documents,
papers and records of the Consultant which are directly pertinent to the proposed contract for the
purposes of making audits, examinations, excerpts and transcriptions. The Consultant also agrees,
pursuant to49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including
any PMO Consultant access to the Consultant's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 5311.
2) Where the County enters into a contract for a capital project or improvement (defined at 49 U.S.C.
5302(a)1) through other than competitive bidding, the Consultant will make available records
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related to the contract to the County, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
3) The Consultant agrees to permit any of the foregoing parties to reprod uce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
4) The Consultant agrees to maintain all books, records, accounts and reports required under the
proposed contract for a period of not less than three years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the performance of the
proposed contract, in which case the Consultant agrees to maintain same until the County, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of
all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
5) FTA does not require the inclusion of these requirements in subcontracts.
E. Federal Changes
The Consultant will at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between the County and FTA, as they may be amended or promulgated from time to time during the term
of the proposed contract. The Consultant's failure to so comply shall constitute a material breach of this
contract.
F. Clean Air
1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Consultant agrees to report each violation
to the County and understands and will agree that the County will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
G. Recycled Products/Recovered Materials
The Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation
and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items
designated in Subpart B of 40 CFR Part 247.
H. No Obligation by the Federal Government
1) The County and the Consultant acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the County, the Consultant, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
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2) The Consultant agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the sub -consultant who will be subject to its provisions.
I. Program Fraud and False or Fraudulent Statements or Related Acts
1) The Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.0 § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to the proposed project. Upon execution of the underlying contract,
the Consultant certifies and affirms the truthfulness and accuracy of any statement it has made, it makes,
it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be applicable, the
Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant to the extent the Federal
Government deems appropriate.
2) The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with
a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C. § 5307, the Federal Government reserves the right to impose the penalties of 18
U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Consultant, to the extent the Federal Government deems
appropriate.
3) The Consultant agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified,
except to identify the sub -consultant who will be subject to the provisions.
J. Suspension and Debarment
This proposed contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Consultant
will be required to verify that none of the consultant, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The Consultant is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and
submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the County. If it
is later determined that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to the County, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer
agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
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K. ADA Access
The Consultant agrees to comply with all applicable requirements of the Americans with Disabilities Act
of 1990(ADA), as amended, 42 USC 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as
amended, 29 USC 794; 49 USC 5301(d); and any implementing requirements FTA may issue.
These regulations provide that no handicapped individual, solely by reason of his or her handicap, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity included in or resulting from the proposed contract.
L. Civil Rights
1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the
Consultant agrees that it will not discriminate against any employee or applicant for employment because
of race, color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to comply
with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2) Equal Employment Opportunity - The following equal employment opportunity requirements will apply
to the proposed contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Consultant agrees
to comply with all applicable equal employment opportunity requirements of U.S. Department of
Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement
Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order
No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42
U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the course of
the Project. The Consultant agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race,
color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the Consultant agrees to comply with any implementing
requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Consultant agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Consultant agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
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to employment of persons with disabilities. In addition, the Consultant agrees to comply with any
implementing requirements FTA may issue.
3) The Consultant also agrees to include the foregoing requirements in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
M. Breaches and Dispute Resolution
Disputes — Disputes regarding the proposed contract will be handled as follows: Disputes arising in the
performance of the proposed agreement which are not resolved by agreement of the parties shall be
decided in writing by the County Project Manager. This decision shall be final and conclusive unless within
ten (10)] days from the date of receipt of its copy, the Consultant mails or otherwise furnishes a written
appeal to the County Administrator. In connection with any such appeal, the Consultant shall be afforded
an opportunity to be heard and to offer evidence in support of its position. The decision of the County
Administrator shall be binding upon the Consultant and the Consultant shall abide by the decision.
Performance During Dispute - Unless otherwise directed by the County, the Consultant will continue
performance under the proposed agreement while matters in dispute are being resolved.
N. Disadvantaged Business Enterprises
1) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The
agency's overall goal for DBE participation is 2.2 %. A separate contract goal has not been established for
this procurement.
2) The Consultant agrees not to discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The Consultant agrees to carry out applicable requirements of 49 CFR Part
26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out
these requirements is a material breach of this contract, which may result in the termination of this
contract or such other remedy as the County deems appropriate. Each subcontract the contractor signs
with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
3) The Consultant will be required to report its DBE participation obtained through race -neutral means
throughout the period of performance.
4) The Consultant agrees to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor's receipt of payment for that work
from the County. In addition, Consultant will be required to return any retainage payments to those
subcontractors within 30 days after incremental acceptance of the subcontractor's work by the County
and contractor's receipt of the partial retainage payment related to the subcontractor's work.
5) The Consultant agrees to promptly notify the County, whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work, and will agree make
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good faith efforts to engage another DBE subcontractor to perform at least the same amount of work.
The Consultant agrees to not terminate any DBE subcontractor and perform that work through its own
forces or those of an affiliate without prior written consent of the County.
0. Incorporation of Federal Transit Administration Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the proposed contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220 are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with
other provisions contained in the proposed agreement. The Consultant shall not perform any act, fail to
perform any act, or refuse to comply with any County requests which would cause the County to be in
violation of the FTA terms and conditions.
P. Seismic Safety
The Consultant agrees that any new building or addition to an existing building will be designed and
constructed in accordance with the standards for Seismic Safety required in Department of Transportation
Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the
regulation. The Consultant also agrees to ensure that all work performed under this contract including
work performed by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
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