HomeMy WebLinkAbout2015-106Florida Statutes:
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Financial Project No.: 429567-1-58-01
Contract No. 6 005;
Vendor No.: VF -596-000-679-003
CSFA No. and Title : 55.009 Small County Outreach
Program (SCOP) and Rural Areas of Opportunity (RAO)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SMALL COUNTY OUTREACH PROGRAM AGREEMENT
(Project Administered by County)
This Small County Outreach Program Agreement (this "Agreement") is entered into this
day of J GA,te- , 20 / E5 between the State Of Florida, Department of
Transportation ("Department") and INDIAN RIVER COUNTY, ("Recipient"). The Department
and the Recipient are sometimes referred to in this Agreement as a "Party"' and collectively as
the "Parties".
RECITALS
A. The Department is authorized under Section 334.044 (7), Florida Statutes, and Section
339.2818, Florida Statutes to enter into this Agreement.
B. WHEREAS, the Small County Outreach Program ("SCOP") has been created within the
Department pursuant to Section 339.2818, Florida Statutes, to provide funds to counties to
assist small counties in resurfacing or reconstructing county roads or in constructing capacity
or safety improvements to county roads and also to municipalities within rural areas of critical
concern (rural area of opportunity ("RAO")) with projects, excluding capacity improvement
projects.
C. The Department has determined that the transportation project described in Exhibit "A"
attached and incorporated in this Agreement ("Project"), is necessary to facilitate the
economic development and growth of the State and the Department is authorized by Section
339.2821, Florida Statutes, to approve and expenditure to the Recipient for the direct cost of
the Project.
D. Exhibits A, B, C, D, and E are attached hereto and incorporated by reference into this
Agreement.
E. The Recipient is authorized to enter into this Agreement by the resolution attached and made
part of this Agreement as Exhibit E.
NOW, THEREFORE, in consideration of the mutual benefits contained in this Agreement,
the parties agree as follows:
Florida Statutes:
r 334.044(7)
1. The recitals set forth above are incorporated by this reference in this Agreement.
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2. The Recipient shall furnish all services as requested in Exhibit "A" for completion of the
Project.
3. The term of this Agreement shall begin upon the date of signature of the last party to sign
this Agreement ("Effective Date") and continue through June 30, 2017. Execution of this
Agreement by both parties shall be deemed a Notice to Proceed to the Recipient for work to
begin on the Project. Any work performed prior to the execution of this Agreement is not
subject to reimbursement. The estimated Project production schedule is a follows:
a. Design plans contract to begin on or before N/A, and design plans to be completed
by February 1, 2015.
b. Actual Construction shall begin no later than January 1, 2016, and be completed
by June 30, 2017.
4. The Department will participate in a maximum of 75% of the actual total Project costs up to
ONE MILLION FOUR HUNDRED THIRTY EIGHT THOUSAND SEVEN HUNDRED FORTY
SEVEN DOLLARS AND NO CENTS $1,438,747.00 (the maximum Department participation
as set forth in Method of Compensation in Exhibit B). The Parties agree that the
Department's participation may be increased or reduced upon a determination of the actual
bid amounts Project by execution of a supplemental agreement. Travel costs will not be
reimbursed.
a. The Department agrees to compensate the Recipient for services described in
Exhibit "A", and set forth in Method of Compensation in Exhibit "B".
b. Unless otherwise permitted, payment will begin in the year the Project or Project
phase is scheduled in the adopted work program as of the Effective Date of this
Agreement. Payment will be made for actual costs incurred as of the date the
invoice is submitted with the final payment due upon receipt of a final invoice.
c. The Recipient shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service
to be performed and the criteria for evaluating successful completion. The Project,
identified as Financial Project Number 429567-1-58-01, and the quantifiable,
measurable, and verifiable units of deliverables are described more fully in Exhibit
"A". Any changes to the deliverables shall require written approval in advance by
the Department.
d. Invoices shall be submitted at least quarterly by the Recipient in detail sufficient for
a proper pre -audit and post -audit, based on the quantifiable, measurable, and
Florida Statutes:
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verifiable deliverables as established in Exhibit "A". Deliverables must be
received and accepted in writing by the Department's Project Manager prior to
reimbursements. The final invoice shall be accompanied by a Notice of
Completion, Exhibit "D".
e. Supporting documentation must establish that the deliverables were received and
accepted in writing by the Recipient and must also establish that the required
minimum level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A" has been met.
f. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Chief Financial Officer of the
State of Florida under Chapters 215 and 216, Florida Statutes. If the Department
determines that the performance of the Recipient is unsatisfactory, the Department
shall notify the Recipient of the deficiency to be corrected, which correction shall
be made within a time frame to be specified by the Department. The Recipient
shall, within five days after notice from the Department, provide the Department
with a corrective action plan describing how the recipient will address all issues of
contract non-performance, unacceptable performance, failure to meet the
minimum performance levels, deliverables deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the
Recipient shall be assessed a non-performance retainage equivalent to 10% of the
total invoices amount. The retainage shall be applied to the invoice for the then -
current billing period. The retainage shall be withheld until Recipient resolves the
deficiency. If the deficiency is subsequently resolved, the Recipient may bill the
Department for the retained amount during the next period. If the Recipient in
unable to resolve the deficiency, the funds retained may be forfeited at the end of
the Agreement's term.
g.
The Recipient should be aware of the following time frames. Upon receipt of an
invoice, the Department has twenty (20) days to inspect and approve the goods
and services. The Department has twenty (20) days to deliver a request for
payment (voucher) to the Department of Financial Services. The twenty (20) days
are measured from the latter of the date the invoice is received or the goods or
services are received, inspected, and approved. If a payment is not available
within forty (40) days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Recipient. Interest penalties of Tess than one ($1.00) dollar
will not be enforced unless the Recipient requests payment. Invoices which have
to be returned to a Recipient because of Recipient preparation errors will result in
a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the Department. A Vendor Ombudsman
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has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for entities who may be
experiencing problems in obtaining timely payment(s) from a state Agency.
The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the
Division of Consumer Services at (877) 693-5236.
h. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of
this Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request.
Records of costs incurred include the Recipient's general accounting records and
the project records, together with supporting documents and records of the
Recipient and all subcontractors performing work on the project, and all other
records of the Recipient and subcontractors considered necessary by the
Department for a proper audit of costs.
J.
Upon request, the Recipient agrees to provide progress reports to the Department
in standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its
request, as to the status of the Project and of details thereof. Either party to the
Agreement may request and shall, within a reasonable time thereafter, be granted
a conference with the other party. (insert address below if required)
In the event this contract for services is in excess of $25,000.00 and a term for a
period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida
Statutes, are hereby incorporated:
"The Department during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The
Department shall require a statement from the Comptroller of the Department
that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid
for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess
of $25,000.00 and which have a term for a period of more than one (1) year."
t Florida Statutes:
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k. The Department's obligation to pay under this Agreement is contingent upon an
annual appropriation by the Florida Legislature.
I. All costs charged to the Project and the grant match of in kind services shall be
supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
m. Any Project funds made available by the Department pursuant to this Agreement
which are determined by the Department to have been expended by the Recipient in
violation of this Agreement or any other applicable law or regulation shall be promptly
refunded in full to the Department. Acceptance by the Department of any
documentation or certifications, mandatory or otherwise permitted, that the Recipient
files shall not constitute a waiver of the Department's rights as the funding agency to
verify all information at a later date by audit or investigation.
5. The administration of resources awarded through the Department to the Recipient by this
Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the
conduct of additional audits or evaluations of state financial assistance or limit the authority of
any state agency inspector general, the Auditor General, or any other state official. The
Recipient shall comply with all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures may include, but not be limited to, on-site visits by
Department staff, and/or other procedures. By entering into this Agreement, the
Recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. The Recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the state Chief Financial Officer (CFO) or Auditor
General.
b. The Recipient, as a non -state entity as defined by Section 215.97(2)(m), Florida
Statutes, and as a recipient of state financial assistance awarded by the Department
through this Agreement is subject to the following requirements:
i. In the event that the Recipient expends a total amount of state financial
assistance equal to or in excess of the threshold established by Section 215.97,
Florida Statutes, in any fiscal year of the Recipient, the Recipient must have a
State single or project -specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650 (non-
profit and for-profit organizations), Rules of the Auditor General. Exhibit "C" to
this Agreement provides the specific state financial assistance information
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awarded through the Department by this Agreement needed by the Recipient
to further comply with the requirements of Section 215.97, Florida Statutes. In
determining the state financial assistance expended in a fiscal year, the
Recipient shall consider all sources of state financial assistance, including
state financial assistance received from the Department, other state agencies,
and other non -state entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a non -state
entity for Federal program matching requirements.
ii. In connection with the audit requirements, the Recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes.
This includes submission of a financial reporting package as defined by
Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local government
entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor
General.
iii. If the Recipient expends Tess than the threshold established by Section
215.97, Florida Statues, in state financial assistance in a fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida
Statutes is not required; however, the Recipient must provide to the
Department a certification of exemption to FDOTSingleAudit a(�dot.state.fl.us no
later than 9 months after the end of the Recipient's fiscal year for each applicable
audit year. In the event that the Recipient expends less than the threshold
established by Section 215.97, Florida Statutes, in state financial assistance in a
fiscal year and elects to have an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Recipient's resources (i.e., the cost of such an audit must be paid
from the Recipient's resources obtained from other than State entities).
iv. Copies of financial reporting packages required by this Agreement shall be
submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
Email: FDOTSingleAuditdot state.fl.us
and
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen_localgovt@aud.state.fl.us
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v. Any copies of financial reporting packages, reports, or other information
required to be submitted to the Department shall be submitted timely in
accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (non-profit and for-profit organizations), Rules
of the Auditor General, as applicable.
vi. The Recipient, when submitting financial reporting packages to the Department
for audits done in accordance with Chapters 10.550 (local governmental
entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor
General, should indicate the date the reporting package was delivered to the
Recipient in correspondence accompanying the reporting package.
vii. Upon receipt, and within 6 months, the Department shall review the Recipient's
financial reporting package, including the management letters and corrective
action plans, to the extent necessary to determine whether timely and appropriate
corrective action has been taken with respect to audit findings and
recommendations pertaining to the state financial assistance provided through
the Department by this Agreement. If the Recipient fails to have an audit
conducted consistent with Section 215.97, Florida Statutes, the Department may
take appropriate corrective action to enforce compliance, in accordance with
Section 215.97(8)(1), Florida Statutes.
viii. As a condition of receiving state financial assistance, the Recipient shall allow
the Department, or its designee, the CFO or Auditor General access to the
Recipient's records, including project records, and the independent auditor's
working papers as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute
is resolved.
c. The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is
issued, and shall allow the Department, or its designee, the CFO or Auditor General
access to such records upon request. The Recipient shall ensure that the audit
working papers are made available to the Department, or its designee, the CFO, or
Auditor General upon request for a period of five years from the date the audit report
is issued, unless extended in writing by the Department.
6. The Recipient shall permit, and shall require its contractors and subcontractors to permit,
the Department's authorized representatives to inspect all work, materials, payrolls, and
records, and to audit the books, records, and accounts pertaining to the financing and
development of the Project.
, Florida Statutes:
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7. The Recipient must certify that the consultant has been selected in accordance with the
Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor
must be prequalified by the Department pursuant to Section 337.14, Florida Statutes, and
Rule Chapter 14-22, Florida Administrative Code for projects meeting the thresholds
therein.
8. In the event the Recipient proceeds with the design, construction and construction
engineering inspection services ("CEI") of the Project with its own forces, the Recipient will
only be reimbursed for direct costs (this excludes general and administrative overhead).
The Recipient shall hire a Department qualified CEI. The Department shall have the right,
but not the obligation, to perform independent testing from time to time during the course of
construction of the Project. .
9. Upon completion of the work in accordance with the Plans, the Recipient shall fumish a set of
"as -built" plans certified by the Engineer of Record/CEI that the necessary improvements have
been completed in accordance with the Plans as the same may be modified in accord with the
terms of this Agreement. Additionally, the Recipient shall assure that all post construction
survey monumentation required by Fla. Stat. is completed and evidence of such is provided to
the Department in a manner acceptable to the Department.
10. The Recipient shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Recipient in conjunction with this Agreement. Specifically, if the Recipient is acting on behalf
of a public agency the Recipient shall:
a. Keep and maintain public records that ordinarily and necessarily would be required
by the Department in order to perform the services being performed by the
Recipient.
b. Provide the public with access to public records on the same terms and conditions that
the Department would provide the records and at a cost that does not exceed the cost
provided in chapter 119, Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
Department all public records in possession of the Recipient upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the Department in a format that is compatible with the information
technology systems of the Department.
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Failure by the Recipient to grant such public access shall be grounds for immediate
unilateral cancellation of this Agreement by the Department. The Recipient shall promptly
provide the Department with a copy of any request to inspect or copy public records in
possession of the Recipient and shall promptly provide the Department a copy of the
Recipient's response to each such request.
11. The Recipient shall comply with all federal, state and local laws and ordinances applicable
to the work or payment for work thereof, and shall not discriminate on the grounds of race,
color, religion, sex, or national origin in the performance of work under this Agreement.
12. The work performed pursuant to this Agreement may require authorization under the
Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water
Discharges from construction sites. The Recipient is responsible for obtaining the
National Pollutant Discharge Elimination System Permit and all other necessary permits
for construction of the Project. When applicable, such permits will be processed in the
name of the Department; however, in such event, the Recipient will comply with all terms
and conditions of such permit in construction of the subject facilities.
13. The Recipient affirms that it is aware of the provisions of Section 287.133(2)(a), Florida
Statutes. A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity; may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work; may not submit
bids on leases of real property to a public entity; may not be awarded or perform work as
a contractor; supplier, subcontractor or consultant under a contract with any public entity;
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty
six (36) months from the date of being placed on the convicted vendor list. The Recipient
agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further
acknowledges and agrees that any conviction during the term of this Agreement may
result in the termination of this Agreement.
14. The Department shall consider the employment by any contractor of unauthorized aliens
a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement.
15. The Recipient will not discriminate against any employee employed in the performance of
this Agreement, or against any applicant for employment because of age, ethnicity, race,
religious belief, disability, national origin, or sex. The Recipient shall provide a harassment -
free workplace, with any allegation of harassment given priority attention and action by
management. The Recipient shall insert similar provisions in all contracts and subcontracts
for services by this Agreement. The Recipient affirms that it is aware of the provisions of
Florida Statutes:
` 334.044(7)
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Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a contract to provide any goods or
services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of
real property to a public entity; may not be awarded or perform work as a contract, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public Recipient. The Recipient further agrees that it shall not violate
Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on
the list during the term of this Agreement may result in the termination of this Agreement.
16. It is specifically agreed between the parties executing this Agreement that it is not
intended by any of the provisions of any part of the Agreement to create in the public or
any member thereof, a third party beneficiary under this Agreement, or to authorize
anyone not a party to this Agreement to maintain a suit for personal injuries or property
damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties
the payment of all just claims for materials, supplies, tools, or labor and other just claims
against the Recipient or any subcontractor, in connection with this Agreement.
Additionally, the Recipient agrees to include the following indemnification in all contracts
with contractors/ subcontractors, or consultants/sub consultants who perform work in
connection with this Agreement
"To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold
harmless the Recipient, the State of Florida, Department of Transportation, and its officers and
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of contractor and persons employed or utilized by contractor in the performance of
this Contract.
This indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the
Recipient's sovereign immunity.
To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold
harmless the Recipient, the State of Florida, Department of Transportation, and its officers and
employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorney fees to the extent caused, in whole or in part, by the professional negligence, error or
omission, recklessness, or intentional wrongful conduct of the consultant or persons employed
or utilized by the consultant in the performance of the Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the
Recipient's sovereign immunity."
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17. The Recipient shall carry and keep in force, during the term of this Agreement, a
general liability insurance policy or policies with a company or companies authorized to
do business in Florida, affording public liability insurance with combined bodily injury
limits of at least $200,000 per person and $300,000 each occurrence, and property
damage insurance of at least $200,000 each occurrence, for the services to be
rendered in accordance with this Agreement. The Recipient shall also carry and keep in
force Workers' Compensation Insurance as required by the State of Florida under the
Workers' Compensation Law. With respect to any general liability insurance policy
required pursuant to this Agreement, all such policies shall be issued by companies
licensed to do business in the State of Florida. The Recipient shall provide to the
Department certificates showing the required coverage to be in effect with
endorsements showing the Department to be an additional insured prior to
commencing any work under this Agreement. Policies that include Self Insured
Retention will not be accepted. The certificates and policies shall provide that in the
event of any material change in or cancellation of the policies reflecting the required
coverage, thirty days advance notice shall be given to the Department or as provided in
accordance with Florida law.
18. No funds received pursuant to this Agreement may be expended for the purpose of
lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance
with Section 216.347, Florida Statutes.
19. The Recipient and the Department agree that the Recipient, its employees and its
subcontractors are not agents of the Department as a result of this Agreement.
20. This Agreement may be canceled by the Department in whole or in part at any time the
interest of the Department requires such termination. The Department also reserves the
right to seek termination or cancellation of the Agreement in the event the Recipient
shall be placed in either voluntary or involuntary bankruptcy. The Department further
reserves the right to terminate or cancel this Agreement in the event an assignment is
made for the benefit of creditors. This Agreement may be canceled by the Recipient
upon sixty (60) days written notice to the Department. If the Agreement is terminated
before performance is completed, the Recipient shall be paid only for that work
satisfactorily performed for which costs can be substantiated.
21. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or
obligations under this Agreement without the prior written consent of the Department,
which consent will not be unreasonably withheld. Any assignment, sublicense, or
transfer occurring without the required written approval will be null and void. The
Department will at all times be entitled to assign or transfer its rights, duties, or
obligations under this Agreement to another governmental agency in the State of
Florida, upon giving prior written notice to the Recipient. In the event that the
Department approves transfer of the Recipient's obligations, the Recipient remains
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responsible for all work performed and all expenses incurred in connection with this
Agreement.
22. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in
writing, and shall be transmitted either by personal hand delivery; United States Post
Office, retum receipt requested; overnight express mail delivery, email, or facsimile. The
addresses and the contact persons set forth below for the respective parties shall be the
places where notices shall be sent, unless prior written notice of change of address is
given.
TO DEPARTMENT:
Florida Department of Transportation
3400 W. Commercial Blvd.
Fort Lauderdale, Florida 33309
Attn: Leos Kennedy, Jr.
Copy: Project Manager, Christine Fasiska
2"d Copy: District's General Counsel
TO RECIPIENT:
Indian River County
1801 27th Street
Vero Beach, Florida 32960
Attn: Christopher J. Kafer, Jr.
Copy: Indian River County's General Counsel
23. All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in
any gender shall extend to and include all genders.
24. This Agreement shall not be renewed. Any extension shall be in writing and executed
by both parties and shall be subject to the same terms and conditions set forth in this
Agreement.
25. This Agreement shall not be construed to grant any third party rights.
26. In no event shall the making by the Department of any payment to the Recipient constitute
or be construed as a waiver by the Department of any breach of covenant or any default
which may then exist on the part of the Recipient, and the making of such payment by the
Department while any such breach or default shall exist shall in no way impair or prejudice
any right or remedy available to the Department with respect to such breach or default.
27. This Agreement embodies the entire agreement of the parties. There are no provisions,
terms, conditions, or obligations other than those contained in this Agreement. This
Agreement supersedes all previous communication, representation, or agreement,
either verbal or written, between the parties. No amendment will be effective unless
reduced to writing and signed by an authorized officer of the Recipient and the
authorized officer of the Department or his/her delegate.
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28. If any part of this Agreement shall be determined to be invalid or unenforceable by a
court of competent jurisdiction, or by any other legally constituted body having the
jurisdiction to make such determination, the remainder of this Agreement thus remains
in full force and effect provided that the part of this Agreement thus invalidated or
declared unenforceable is not material to the intended operation of this Agreement.
29. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue of any action arising out of this Agreement shall be in Leon
County, Florida.
30. Time is of the essence as to each and every obligation under this Agreement.
31. The Department and the Recipient acknowledge and agree to the following:
i. The Recipient shall utilize the U.S. Department of Homeland Security's E -
Verify system to verify the employment eligibility of all new employees hired by
the Recipient during the term of the contract; and
ii. The Recipient shall expressly require new contractors and subcontractors
performing work or providing services pursuant to the state contract to likewise
utilize the U.S. Department of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees hired by the
contractor/subcontractor during the contract term.
32. This Agreement may be executed in duplicate originals.
The remainder of this page intentionally left blank.
Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 14 of 21
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below.
INDIAN RIVER COUNTY
(Name of RECIPIENT)
TITLE: CHAIRMAN
Print Name: SL ,
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
TITLE: DIRECTOR OF TRANSPORTATION DEVELOPMENT
Print Name:5+Gi(' j L • to I Her, P P.
E
Date:
ATTEST: LEGAL REVIEW:
TITLE: P vT% C
Print Name: MA U R ErN (ELFT-,
Recipient's LEGAL REVIEW:
See attached encumbrance form for date of
Funding approval by Comptroller.
; •, % Po.,
: a
Print Name:
o Florida Statutes:
334.044(7)
Exhibit A
SCOPE OF WORK
&
DELIVERABLES
CR-605/Old Dixie Highway from 71st Street to CR -510
FM# 429567-1-58-01
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 15 of 21
This Project will consist of construction and CEI services of an existing 1.928 mile
pavement section of CR-605/Old Dixie Highway from 71St Street to CR510. The Project
work will also include but is not limited to the milling of the existing pavement, installation of
superpave asphaltic concrete, shoulder widening, drainage improvements, CEI, roadway
signing and pavement markings, Maintenance of Traffic (MOT), erosion and sedimentation
control.
Florida Statutes:
334.044(7)
EXHIBIT A
DELIVERABLES
850-035-01
PAVEMENT MANAGEMENT
OGC — 02115
Page 16of21
Pay Item
Description
Estimated
Qty.
Unit
101-1
Mobilization
1
LS
102-1
Maintenance of Traffic
1
LS
104-10-3
Sediment Barrier
19,600
LF
104-18
Inlet Protection
36
EA
110-1-1
Clearing and Grubbing
7
AC
110-7-1
Mailbox, Relocation
6
EA
120-1
Grading, Regular Excavation, Embankment
10,000
SY
120-2A
Borrow Excavation (Millings) Recycled Asphalt Pavement -Mixed in Roadway
Base
6,000
CY
160-4-1
Type "B" Stabilization (12" Subgrade LBR 40) (Shoulder)
9,000
SY
285-7
Reclaimed Asphalt Base Course (Full Depth Reclamation)
38,842
SY
286-1
Turnout Construction (Asphalt)
500
SY
286-2
Turnout Construction (Concrete)
600
SY
300-1
Asphalt Emulsion Type CCS-lh-Quantity based on 2.75 gal./s.y.
106,815
GA
327-70-6
Milling Existing Asphalt Pavement, 1-1/2" Avg. Depth
1,658
SY
334-1-13
Superpave Asphalt Concrete, Traffic C (S.P. 12.5, 1-1/2" Thick)
36,516
SY
334-1-13A
Superpave Asphalt Concrete, Traffic C (S.P. 9.5, 1-1/2" Thick)
38,155
SY
339-1
Asphalt Pavement Miscellaneous (3" Thick Under Guardrail)
50
TN
400-2-1
Concrete, Class II (8'X4' Box Culvert) (Precast) (Includes reinforcing steel)
72
LF
400-2-1A
Concrete, Class II (6'X3' Box Culvert) (Precast) (Includes reinforcing steel)
72
LF
400-2-2
Concrete, Class I (Endwall & Footing, 8'X4' Box Culvert) (F.D.O.T. Index
#289) (Includes reinforcing steel)
2
EA
404-2A
Concrete, Class I (Endwall & Footing, 6'X3' Box Culvert) (F.D.O.T. Index
#289) (Includes reinforcing steel)
2
EA
425-1-521
Inlets, DT Bot, Type C, <10'
20
EA
425-1-551
Inlets, DT Bot, Type E, <10'
8
EA
430-174-112
Pipe Culvert, Round, 12" SD (CAP)
222
LF
430-174-115
Pipe Culvert, Round, 15" SD (CAP)
814
LF
430-174-115A
Pipe Culvert, Round, 15" SD (RCP)
222
LF
430-174-118
Pipe Culvert, Round, 18" SD (CAP)
990
LF
430-174-118A
Pipe Culvert, Round, 18" SD (RCP)
110
LF
430-174-124
Pipe Culvert, Round, 24" SD (CAP)
1,574
LF
430-174-224
Pipe Culvert, Ellip/Arch, 24" SD (CAP)
681
LF
430-174-224A
Pipe Culvert, Ellip/Arch, 24" SD (RCP)
338
LF
Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 17 of 21
430-984-121
Mitered End Section, Round, 12" SD
3
LF
430-984-123
Mitered End Section, Round, 15" SD
9
EA
430-984-125
Mitered End Section, Round, 18" SD
1
EA
430-984-129
Mitered End Section, Round, 24" SD
3
EA
430-984-629
Mitered End Section, Elliptical/Arch, 24" SD
1
EA
520-1-10
Concrete Curb & Gutter (Type F)
161
LF
522-1
Concrete for Sidewalk (6" thick, 6' wide)
67
SY
527-2
Detectable Warning
38
SF
530-1
Riprap, Sand -Cement
24
CY
536-1-1
Guardrail -Roadway
700
LF
536-8-1
Guardrail End Anchorage Assembly (SKT 350)
4
EA
570-1-2
Performance Turf (Bahia)
30,000
SY
700-1-50
Single Sign Post (Relocate)
9
AS
700-1-60
Single Sign Post (Remove)
4
AS
706-3
Retro -Reflective Pavement Markers (Amber / Amber)
362
EA
711-11-123
Thermoplastic, Standard, White, Solid, 12", for Crosswalks
146
LF
711-11-125
Thermoplastic, Standard, White, Solid, 24", for Stop Line
110
LF
711-11-151
Thermoplastic, Standard, White, Dotted/Guideline/6'-10'- Gap Extension, 6"
320
LF
711-16-111
Thermoplastic, Standard, White, Solid, 6"
25,679
LF
711-16-211
Thermoplastic, Standard Yellow, Solid, 6"
5,280
LF
711-16-231
Thermoplastic, Standard, Yellow, Skip, (10'-30') 6"
7,603
LF
CEI CLASSIFICATIONS
SR. PROJECT ENGINEER
PROJECT ADMINISTRATOR
SR. INSPECTOR
INSPECTOR
INSPECTOR'S AIDE
QUALITY CONTROL (QC) MANAGER
EARTHWORK CONSTRUCTION INSPECTOR LEVEL 1
EARTHWORK CONSTRUCTION INSPECTOR LEVEL 2
ASPHALT PAVING TECHNICIAN LEVEL 1
ASPHALT PAVING TECHNICIAN LEVEL 2
* The County will need written approval from the Department, if deviating from the deliverables
and/or CEI classifications shown in the Table above.
, Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 18 of 21
EXHIBIT "B"
METHOD OF COMPENSATION
FINANCIAL PROJECT NO. 429567-1-58-01
This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement
between the State of Florida, Department of Transportation and Indian River County
referenced by the above Financial Project Number
Schedule of Funding:
Please submit four copies of invoice(s) to the following address:
Florida Dept. of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr.
3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309
FY 2015
TOTAL
I. TOTAL PROJECT
$
$
Design
$
$
Right of Way
$
$
Construction & CEI
$ 1,918,329.00
$ 1,918,329.00
II. PARTICIPATION:
Maximum Department
Participation
(75%)
or $ 1,438,747.00
(75%)
$ 1,438,747.00
Local Participation
(25%)
or $ 479,582.00
(25%)
or $ 479,582.00
In -Kind
$
$
Cash
$
$
Combination In-Kind/Cash
$
$
Waiver or Reduction
$
$
TOTAL PROJECT COST:
$ 1,918,329.00
$ 1,918,329.00
Please submit four copies of invoice(s) to the following address:
Florida Dept. of Transportation. Program Management Div., Attn: Leos A. Kennedy, Jr.
3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FLORIDA 33309
Florida Statutes:
334.044(7)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02/15
Page 19 of 21
EXHIBIT "C"
STATE FINANCIAL ASSISTANCE
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Florida Department of Transportation
State Project Title: Small County Outreach Program (SCOP) and Rural Areas of Opportunity (RAO)
CSFA Number: 55.009
Award Amount: $1,438,747.00
Specific information for CSFA Number 55.009 is provided at:
https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Compliance requirements for CSFA Number 55.009 are provided at:
https://apps.fldfs.com/tsaa/searchCompliance.aspx
Florida Statutes:
334.044(7)
EXHIBIT "D"
NOTICE OF COMPLETION
SMALL COUNTY OUTREACH PROGRAM
Between
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
And
INDIAN RIVER COUNTY (RECIPIENT)
850-035-01
PAVEMENT MANAGEMENT
OGC — 02115
Page 20 of 21
PROJECT DESCRIPTION: Construction and CEI Services of CR-605/Old Dixie Highway
from 71st Street to CR -510
FINANCIAL PROJECT NUMBER: 429567-1-58-01
In accordance with the Terms and Conditions of the SMALL COUNTY OUTREACH PROGRAM
AGREEMENT, the undersigned hereby provides notification that the work authorized by this
Agreement is complete as of , 20 .
By:
Name:
Title.
4
RESOLUTION NO. 2015- 065
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S
EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM AGREEMENT FOR CONSTRUCTION
(RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES OF OLD DIXIE
HIGHWAY FROM 71ST STREET TO CR510.
WHEREAS, the resurfacing of Old Dixie Highway from 71' Street to CR510 is an Indian River
County priority project; and
WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to
pay a portion of the cost for resurfacing of Old Dixie Highway from 71st Street to CR510, as well as
Construction Engineering Inspection (CEI) services under the Small County Outreach Program (SCOP);
and
WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25
percent of the cost of the project costs as its portion of the required local match.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and
deliver to the State of Florida, Department of Transportation, a Small County Outreach Program
Agreement for the aforementioned project.
The foregoing resolution was offered by Commissioner Flescher who moved
its adoption. The motion was seconded by Commissioner Davi a and, upon being put to a
vote, the vote was as follows:
of May
Chairman Wesley S. Davis Aye
Vice -Chairman Bob Solari AyP
Commissioner Peter D. O'Bryan Aye
Commissioner Joseph E. Flescher Aye
Commissioner Tim Zorc AyP
The Chairman thereupon declared the resolution passed and adopted this 19th day
, 2015.
BOARD OF COUNTY COMMISSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
B
Attest: Jeffrey R. S ,�'►►+', Clerk of Cour
and C1%�ioller
By:
D - Clerk
Approved as to Form and Legal Sufficiency
Dylan Reinhold, County Attorney
Wesley S. Davis, Chairman
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COP OF
THE O' ' I , ` ON FILE I
OF I
FFREY R.
D.0
is....
co;ta170
53
•
2 ✓.Jf ; -iiM
.CU(%IY, F`L`
F:\Public Works\ENGINEERING DIVISION PROJECTS\I 138 -Old Dixie Hwy Resurfacing -71st St to CR 510\Admim\agenda items\Resolution
SCOP Agreement 5-19-2015.doc
•
+ Y
TO: PG404AD@dot.state.fl.us
SUBJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT G0058
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #G0058 Contract Type:
Vendor Name: INDIAN RIVER CO
Vendor ID: VF596000679003
Beginning date of this Agmt: 05/29/15
Ending date of this Agmt: 06/30/17
Method of Procurement:
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 043010404 *AN *751000 * 1438747.00 *42956715801 *215
2015 *55150200 *085576/15
0001 *00 * *0001/04
*
TOTAL AMOUNT:
*$
1,438,747.00 *
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 06/01/2015