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HomeMy WebLinkAbout2021-012DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02119 FPN: 438073-1-54-01 Fund: GRSC, SCWR, SCWR FLAIR Category: 085576 Org Code: 5504 30 10 404 FLAIR Obj: 751000 FPN: FPN: Fund: _ Org Code: FLAIR Category: FLAIR Obj: Fund: FLAIR Category: Org Code: FLAIR Obj: G1u61 County No:88 Contract No: Vendor No: VF596-000-679-003 � February 11th, 2021 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on , (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and INDIAN RIVER, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): • Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ® Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) O Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) O Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) O Insert Legal Authority, Insert Funding Program Name , Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "E", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in CONSTRUCTION AND CEI (RESURFACING) OF 691h STREET FROM 66TH AVENUE TO SR5/US-1, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before December 31.2022. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Page 1 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02119 Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $2.085.227.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $1.128.607.00 and, additionally the Department's participation in the Project shall not exceed 75% of the total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: I. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and Page 2 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 626.01060 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ozns iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than 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 and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F — Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "G", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. Page 3 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ozna If a payment is not available within 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) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the 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. 1. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." Page 4 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.50 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02/19 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. n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, Page 5 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01060 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02/19 construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: I. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on Page 6 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2/1a Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit "F", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement if a portion of the Project will be located on FDOT's right of way. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 750-000-002). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. J. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall ® shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "E". This provision will survive termination of this Agreement. 12. State Single Audit: 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 to monitor the Recipient's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through Page 7 of 14 DocuSign Envelope ID: F2D8E6EO-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION525x010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02119 the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary. by the Department, the Department of Financial Services` (DFS) or the Auditor General. b. T.he Recipient, a'nonstate entityas defined by Section 215.97(2)(n), Florida Statutes, as a recipient of'state financial assistance awarded by the Department through this Agreement is subject to the following requirements; I. - In the event the; Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted ;for, such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this .Agreement indicates state financial assistance 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 by this Agreement, other state agencies and other nonstate entities: State financial assistance does not include Federal direct or pass-through awards: and resources -received by a nonstate entity for Federal program matching, requirements:. ii. ' 1n connection with the audit: requirements, the Recipient shall ensure that the audit complies with the requirements of Section 2.15.97(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 governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the eventthe Recipient does not meet the audit threshold' requirements established by Section 215:97,,Flo6da Statutes, the Recipient is exempt for such fiscal year from the'statesingle audit requirements of Section 215:97, Florida Statutes. However, the Recipient must provide a -single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl,us' no later than nine months after the end of the Recipient's audit petiod for each applicable audit year. In the event the. Recipient does not meet :the audit threshold requirements established by Section 215.97, Florida Statutes, 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., thecostof such an audit must.be:paid from the Recipient's resources' obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, -copies of financial reporting packagesrequired by this Agreement shall be submitted to Florida Department of Transportation Office of Comptroller, :MS'24 605 Suwannee Street Tallahassee, FL 32399.-0405 Email: FDOTSIngieAuditO-dot state.fl.us DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02/10 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 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit 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 six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken 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. All. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. 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, DFS or the 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, DFS or the 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. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. 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 contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. Page 9 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01050 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ozns f. The Recipient shall: I. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Page 10 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010.60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ozns Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. e. If the Recipient elects to self -perform the Project, and such self:performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/les, coverage, or ACORD Certificates shall not relieve .or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. f. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation,. renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policylies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. g. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 15. Miscellaneous: a. In no event shall 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 Page 11 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52"10-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2ns 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. b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate, in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. J. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. c. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit F, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into this Agreement: e. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance 'Exhibit C: Engineer's Certification of Compliance Page 12 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01060 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02119 Exhibit D: State Financial Assistance (Florida Single Audit Act) Exhibit E: Recipient Resolution *Exhibit F: Terms and Conditions of Construction in Department Right -of -Way *Exhibit G: Alternative Pay Method Attachment F — Contract Payment Requirements *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 IN WITNESS WHEREOF, the parties haveexecutedthis Agreement on the date(s) below. BOARD OF. COUNTY COMMISSIONERS STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION (Nance of RECIPIENT Joseph E.Flescher BY:5DocuSigned by: -sh. C. ez . -B6F879ABFt EF4EE... TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print'Name: STEVEN C. BRAUN, +'P.E. Date: 2/10/2021 I 3:59 PM EST OFFICE OF THE GENERAL COUNSEL DocuSigned by:. ATTEST': LEGAL REVIEW: b tti(t,W00 Jeffrey R. Smith, Clerk of Court.& Comptroller , 039=432744EK.. By: Deputy Clerk See attached .encumbrance form, for date of Funding approval by Comptroller. DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 526.010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT osn7 Page 1 of 1 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 438073-1-54-01 This exhibit forms an integral part of the State -Funded Grant Agreement between the State of Florida, Department of Transportation and INDIAN RIVER COUNTY (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 2.540 MILES. Begin mile post 1.981 to end mile post 4.532.69th Street from 66th Avenue to SR-5/US-1. PROJECT DESCRIPTION: RESURFACING 69th Street from 66th Avenue to SR-5/US-1. The proposed improvement will include the reconstructing the roadway utilizing full depth reclamation, new asphalt concrete pavement signing and pavement markings. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Construction to be completed by December 31, 2022 If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: The DEPARTMENTwill hold Construction Notice to Proceed (NTP) until design plans are submitted by the RECIPIENT and approved by the DEPARTMENT. DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 Florida Statues: 334-044(7) EXHIBIT A SCOPE OF WORK DELIVERABLES 69th STREET FROM 66TH AVENUE TO SR-5/US-1 FM# 438073-1-54-01 This Project will be performed for the resurfacing 69TH Street from 66th Avenue to SR-5/US-1. The proposed improvements will include the reconstruction of the roadway utilizing full depth reclamation, new asphalt concrete pavement including signing and pavement markings. EXHIBIT A DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 DELIVERABLES FM# 438073-1-54-01 fyk, 10 p6 # t i �!-,>� 101-1 MOBILIZATION/ DEMOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 104-2 PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION LS 1 110-1-1 CLEARING & GRUBBING AC 14.0 110-7-1 MAIL BOX (F&I) EA 30 120-1 REGULAR EXCAVATION CY 8,618 120-6 EMBANKMENT CY 1,749 160-4 TYPE "B" STABILIZATION SY 16,808 283-7 FULL DEPTH BASE RECLAMATION (10" MIXING DEPTH) SY 19,942 285-706 OPTIONAL BASE GROUP 04 (CEMENTED COQUINA, LBR 100, 6") SY 12,905 285-716 OPTIONAL BASE GROUP 18 (CEMENTED COQUINA, LBR 100, SY 1,663 334-1-13A SUPERPAVE ASPHALT CONCRETE (SP -12.5) (TRAFFIC C) (1.5") TN 2,674 334-1-13B SUPERPAVE ASPHALT CONCRETE (SP -12.5) (TRAFFIC C) (2") TN 143 337-7-82 ASPHALTIC CONCRETE FRICTION COURSE (FC -9.5) (TRAFFIC TN 1,753 400-1-2 CONCRETE CLASS 1, ENDWALLS CY 3.9 425-1-521 INLETS, DT BOT, TYPE C, <10' EA 7 425-1-551 INLETS, DT BOT, TYPE E, <.10' (W! CONC. APRON) EA 1 425-2-41 MANHOLE (TYPE 7) (P -BOTTOM) (<10') EA 1 430-175-115 CONCRETE PIPE CULVERT (15") (S/CD) (CL III) LF 85 430-175- 118A CONCRETE PIPE CULVERT (18") (S/CD) (CL III) LF 263 430-175- 118B CORRUGATED ALUMINUM PIPE CULVERT (18") (S/CD) LF 20 430-175- 124A CONCRETE PIPE CULVERT (24") (S/CD) (CL III) LF 23 430-964-4 PRC PIPE FOR NON-STANDARD DRAINAGE (10") (SCH 80) LF 25 430-984-119 MITERED END SECTION (ROUND) (10") (SD) EA 1 430-984-123 MITERED END SECTION (ROUND) (15") (SD) EA 2 DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 430-984-125 MITERED END SECTION (ROUND) (18") (SD) EA 1 520-3 VALLEY GUTTER - CONCRETE (2' WIDE) LF 110 522-2 CONCRETE SIDEWALK AND DRIVEWAYS (6" THICK) (FIBER REINFORCED)SY 254 530-3-4 RIPRAP - RUBBLE (F&I) (DITCH LINING) TN 21.5 570-1-1 PERFORMANCE TURF (SOD), (BAHIA) SY 36,000 700-1-11 SINGLE POST SIGN, F&I, GROUND MOUNT, UP TO 12 SF AS 15 700-1-13 SINGLE POST SIGN, F&I, GOUND MOUNT, 20-30 SF AS 1 700-1-50 SINGLE POST SIGN (RELOCATE) AS 1 700-13-15 RETROREFLECTIVE SIGN STRIP- F&I, 5' EA 1 706-3 RETRO -REFLECTIVE MARKERS EA 366 711-11-121 THERMOPLASTIC, STD, WHITE, SOLID, 6" LF 16,480 711-11-125 THERMOPLASTIC, STD, WHITE, SOLID, 24" LF 101 711-11-141 THERMOPLASTIC, STD, WHITE, SKIP (6'-10'), 6" LF 307 711-11-160 THERMOPLASTIC, STD, WHITE, MESSAGE EA 1 711-11-221 THERMOPLASTIC, STD, YELLOW, SOLID, 6" LF 10,678 711-11-224 THERMOPLASTIC, STD, YELLOW, SOLID, 18" LF 38 711-11-231 THERMOPLASTIC, STD, YELLOW, SKIP (10'-30'),6" LF 4,020 ** 999-1 ASBUILT SURVEYING AND RECORD DRAWING PREPARATION BY REGISTERED SURVEYOR)LS 1 ** 1644-800 FIRE HYDRANT (RELOCATE) EA 1 (**) Non -participating CEI CLASSIFICATIONS Sr. Project Engineer Project Administrator Sr. Inspector Inspector Inspector 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 DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01060 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09!17 EXHIBIT "B" Pagel of 2 SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: INDIAN RIVER COUNTY 438073-1-54-01 1801 27TH STREET VERO BEACH, FL 32960 I. PHASE OF WORK by Fiscal Year: FY 2021 FY2022 FY2023 TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Namel or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 $0.00, $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Inert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted In Exhibit "A") % % % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Construction/CEI - Phase 54 $1,699,771.00 $ 385,456.00 $ 0.00 $2,085,227.00 Maximum Department Participation - (SMALL COUNTY % % % % OUTREACH PROGRAM) $ 743,151.00 $ or $ 385,456.00 $ or $ or $ 1,128,607.00 % % % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or or or or $ 956,620.00 $ 0.00 $ 0.00 $956,620.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ 956,620.00 $ $ $ 956,620.00 Combination In-Kind/Cash $ $ $ $ 0.00 DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT EXHIBIT "B" SCHEDULE OF FINANCIAL ASSISTANCE 52"1080 PROGRAM MANAGEMENT 09/17 Page 2 of 2 Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00 % Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or oror or $ 0.00 $0 . 00 $0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Ii. TOTAL PROJECT COST: $1,699,771.00 $385,456.00 $0.00 $2,085,227.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation Is on file evidencing the methodology used and the conclusions reached. Norma C. Corredor District Grant Manager Name 7zDocuSigned by: , .e-ozLoa 1 02/11/2021 7F9C399435... Date DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT Dern Page 1 of 1 EXHIBIT "C" ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and INDIAN RIVER COUNTY PROJECT DESCRIPTION: Construction and CEI (Milling and resurfacing) of 69th Street from 66th Avenue to SR5/1LIS-1. F P I D#: 438073-1-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work, authorized by this Agreement is complete as of , 20_. By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall furnish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: P.E. Name: Date: DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01050 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09117 Pagel of -1 EXHIBIT D STATE FINANCIAL ASSISTANCE= (FLORIDA SINGLE;AUDIT ACT) THE'STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title F1 County. Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA Small County Outreach Program (SCOP), 55.009) Number: (] Small County Road Assistance Program (SCRAP), (CSFA 55.016) Transportation Regional Incentive Program (TRIP), (CSFA'55,026) Insert Program Name,, Insert CSFA Number *Award Amount: $1,128,607:0.0 'The state award.amount may change with supplemental agreements Specific project information for CSFA Number is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspX COMPLIANCE. 'REQUIREMENTS APPLICABLE TO STATE RESOURCES. > AWARDEDPURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: httos:1/tops.fldfs comlfsaa/searchCompliance.aspx The State Projects Compliance Supplement isprovided at: https://apas.fldfs.com/fsaa/compliance ssr x DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-60f STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEM07N9 Page 1 of 3 EXHIBIT "F" TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY 1. Construction on the Department's Right of Way. If the Project involves construction on, under, or over the Department's right-of-way, the design work for all portions of the Project to be constructed on, under, or over the Department's right-of-way shall be submitted to the Department for review prior to any work being commenced, and the following provisions shall apply: a. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction and Department Design Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the Department Plans Preparation Manual ("PPM") and the Department Traffic Engineering Manual. Designs that do not meet Department standards may be rejected by the Department at its sole discretion. The Department may allocate Department -managed resources to facilitate compliance with applicable design standards. If changes to the Department approved plans are required, the Recipient shall notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Recipient shall maintain the area of the Project, at all times, and coordinate any work needs of the Department during construction of the Project. b. The Recipient shall notify the Department a minimum of 48 hours before beginning construction within, under, or over Department right-of-way. The Recipient shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is Katherine Kehres located at 3601 Oleander Avenuen, Fort Pierce, FL 34982. Telephone number 772-429-4889. Email address Katherine. Kehres @dot.state.fl. us. c. The Recipient shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Recipient is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Recipient that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. e. The Recipient will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on, under, or over the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right-of-way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Recipient, except as may otherwise be provided in separate agreements. The Recipient shall not acquire any right, title, interest or estate In Department right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.60f STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT Page 2 of 3 EXHIBIT "F" TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY effect, or performance of this Agreement including, but not limited to, the Recipient's use, occupancy or possession of Department right-of-way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, Florida Statutes. g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. h. The Recipient shall perform all required testing associated with the design and construction of the Project. Testing results shall be entered into the department's Materials Testing and Certification database application and the department must provide the final Materials Certification for the Project. The Department shall have the right to perform its own independent testing during the course of the Project. The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Recipient, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. j. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from on, under, or over its right-of-way at the sole cost, expense, and effort of the Recipient. The Recipient shall bear all construction delay costs incurred by the Department. k. The Recipient shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. I. The Recipient will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. m. The acceptance procedure will include a final "walk-through" by Recipient and Department personnel. Upon completion of construction, the Recipient will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include one complete'set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Recipient shall remove its presence, including, but not limited to, all of the Recipient's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. n. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Recipient. The Recipient shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Recipient and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the "Notice of Completion"). If DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010-601 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 07119 Page 3 of 3 EXHIBIT "F" TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT RIGHT OF WAY the Recipient fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Recipient with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Recipient 's sole cost and expense, without Department liability to the Recipient for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Recipient with an invoice for the costs incurred by the Department and the Recipient shall pay the invoice within thirty (30) days of the date of the invoice. o. The Recipient shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Recipient shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. p. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Recipient to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. q. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. r. Restricted hours of operation will be from 9:00 a.m. to 3:30 p.m., (Monday -Friday), unless otherwise approved by the Operations Engineer, or designee. s. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: Guillermo Canedo Florida Department of Transportation Public Information Office 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 954-777-4302 Email: guillermo.canedo@dot.state.fl.us Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 STATE OF FLORIDA DEPARTMENT OF 525.010-60 TRANSPORTATION PROGRAM MANAGEMENT 09117 STATE -FUNDED GRANTPaof1 ge Iof 1 AGREEMENT Exhibit G ALTERNATIVE ADVANCE PAYMENT FINANCIAL PROVISIONS If payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes: 1. The invoiced amount to the Department for contractor(s) and consultant(s) cannot exceed the amount of the invoice received from the Recipient's contractor(s) or consultant(s). 2. All of the Recipient's costs must have been incurred and paid prior to the date of the invoice. 3. All invoices received from the Recipient shall clearly separate the cost of the contractor(s) or consultant(s) from the Recipient's costs billed to the Department. 4. All invoices submitted to the Department must provide complete documentation, including a copy of the contractor's or consultant's invoice(s), to substantiate the cost on the invoice. 5. The Recipient must certify on each invoice that the costs from the contractor(s) or consultant(s) are valid and.have been incurred by the contractor(s) or consultant(s). 6. Each monthly invoice subsequent to the first invoice from the Recipient must contain a statement from the Recipient that the previous month's cost incurred by the contractor(s) or consultant(s) has been paid by the Recipient to the contractor(s) or consultant(s). DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 To: Norma.Corredor@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G1 U61 2/8/2021 CONTRACT INFORMATION QU - UMMIV I U 1,)DVRJGIVIGIV I IUMMIV 1 ) IV - UuvCR1VIVICIV 1 MUCIM"T MJJIUIVIVILIV 1 :14''1111 hT441 MA:VJ I M0 MTa i fAT-1i1 M.1 i 7!vrf-A re7..1lam I I'm I FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 2/8/2021 2021 55150200 085576/21 0001 00 0001/04 Total Amount: $743,151.00 Pagel of 1 DocuSign Envelope ID: F2D8E6E0-785F-4915-B181-AE7F98512D16 To: Norma.CorredorCa)dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G1U61 2/8/2021 CONTRACT INFORMATION iOCltxdCt t/l7e f _ �.. .. ' 'gy m<, Z1 LiU - UKAN I L)1bbUKJtIVIt1\1 I (KHAN 1) INUTAN KIVLK UUUN I Y Resurfacinn 69th Street from 66th Ave to SR -5/1-1S-1 FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 2/8/2021 Ctf©R'; Future Year :ReVtewed!-or Approved , 'REVIEWED ...kms :.., IFN Or`gariizatorr Col N 55043010404 �xpansta�Gl �a�y� AN QbjoCt Cd �,A!>*P 751000 into ht,.,>xZ ,T, °P $385;456.00 ittatciai:,Pro#ect 43807315401 Nora At tivtty (FC'.;' 016 Fiscal Yeti a, 2022 Budgof EriUty x 55150200 ategorylCategory rear 085576/22 Amendmetlt 1p�d Q A001 nC ime (6s)lStatus� /04 Total Amount: $385,456.00 `Reviewed Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation. Pagel of 1 DocuSign Envelope ID: F2D8E6E0-785F-4915-8181-AE7F98512D16 RESOLUTION NO. 2021- 0.05. RESOLUTION OF THE: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION. OF SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND CE( (RESURFACING) OF 69th STREET FROM 66TH AVENUE TO SR5/US-1, WHEREAS, the reclamationlresurfacing .of 69th Street From 66th Avenue to SR5/US-1 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 construction and CEI (resurfacing) of'69th Street From 66th Avenue to SRS/US-1, as well as widening existing shoulders to five feet, minor drainage improvements, signing and pavement markings under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 percent or more of the cost of the total 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 0' Bryan- who moved its adoption. The motion wasseconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher AYE Vice -Chairman Peter D. O'Bryan AYE Commissioner Susan Adams AYE' CommissionerJoe Earman AYE Commissioner Laura Moss AYE' The Chairman thereupon declared the resolution passed and adopted this 12th day of .Tanuary. , 2021. "i✓phI R, n"`"�`l . • •MS'S "`> BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,,FLORIDA By •_ .:T' .�. /�- Joseph E. Flescher, Attest: effrey R. Smith., Clerk of Court and :Comptroller By: ,1 De ,uty Clerk ;prnl.o�fficiency Wil tam D DeBraal De ut Cou Att rman F Y nty. orney P:\Public Works\ENGINEERING DIVISION PROJECTS\1'639 69th Street 66thAventie to US -I Resurfacing (SCOP)\I-Adinin\Agenda Items\T'DOT IternAAuthorizing Resolution.doc