Okaloosa County BOCC — April 15, 2014 — LAP Agreement - CR 4 Antioch Road 433571-1 — reading text

conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. 13.16 E- VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall 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.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY Okaloosa County B.O.C.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Charles K. Windes, Jr. Name: Jason D. Peters, P.E. Title: Chairman Title: Director of Transportation Development Attest: Attest: Title: Title: Legal Review: See attached Encumbrance Form for date of funding approval by Comptroller.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 08/06 Page14 EXHIBIT “A” PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 433571-1-38-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and the Okaloosa County B.O.C.C. PROJECT LOCATION: The project is X is not on the National Highway System. The project is X is not on the State Highway System. PROJECT DESCRIPTION: This is a transportation alternative project to design sidewalk on south side of County Road 4 Antioch Road from Garrett Pit Road to Egan Drive (will exempt out area of approximately 300 feet to account for I-10 overpass). SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department’s contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design to be completed by June 30, 2015. If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. The Agency shall be responsible for verifying that the NEPA document is adhered to for the life of the project. This project will be designed within existing right of way. No work shall begin until a Notice to Proceed is issued by the Department. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Cultural Resource Assessment Survey (including coordination with the State Historic Preservation Officer) and all documentation necessary to support the environmental Class of Action Determination will be the responsibility of the Department. The Department will reimburse the Agency for the eligible costs directly related to the design not to exceed $99,107.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 09/11 Page 15 EXHIBIT “B” SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 433571-1-38-01 Okaloosa County Board of County Commissioners 302 N. Wilson Street, Ste 203 Crestview, FL 32536 PROJECT DESCRIPTION Name: CR 4 (Antioch Road) Sidewalk Project Length: .477 miles Termini: from Garrett Pit Road to Egan Drive FUNDING (1) (2) (3) TOTAL AGENCY STATE & TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 Total Planning Cost Project Development & Environment (PD&E) FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 Total PD&E Cost Design FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 $99,107 $0.00 $99,107 Total Design Cost Right-of-Way FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 Total Right-of-Way Cost Construction FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 FY: 2014-2015 Total Construction Cost Construction Engineering and Inspection (CEI) FY: 2012-2013 FY: 2013-2014 FY: 2014-2015 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $99,107 $0 $99,107 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 07/09 Page16 EXHIBIT “C” RESTRICTION ON CONSULTANT’S ELIGIBILITY TO COMPETE FOR DEPARTMENT ASSISTED CONTRACTS FPN: 433571-1-38-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Okaloosa County B.O.C.C.. EXISTING CONSULTANT CONTRACTS: Existing consultant or professional services contracts shall not be used in the development and delivery of this project, doing so will federalize the existing contract. All consultant and professional services contracts associated with this project shall be advertised and selected in accordance with the Consultants Competitive Negotiations Act (CCNA). Consult the District LAP Administrator for the appropriate federal language that must appear in each consultant contract. CONSULTANT CEI CONTRACTS: A consultant firm or its affiliate that was the engineer of record (EOR) on a project shall not be considered for construction engineering and inspection (CEI) services, as a prime, on the same project. A consultant firm or its affiliate who was the EOR on a project may only be considered for CEI services as a sub consultant to the prime CEI firm with the approval of the Department prior to submittal of letters of response. A consultant firm or its affiliate who was the sub to the EOR on a project may only be considered for CEI services, as prime, on the same project, with the approval of the Department prior to submittal of letters of response. The Department’s approval shall be based on the extent of the firm’s involvement in the design of the project or CEI services, as the case may be, and the potential of hindrance I of any objective decision making. A consultant or its affiliate who performed geotechnical services for the EOR shall not be considered as a sub to the firm providing CEI services on the same project, in any capacity. DESIGN-BUILD CONTRACTS: The contractor or design professional cannot team, as a prime, with other firms to submit more than one bid per project. The secondary member (i.e., designer or contractor) of the design-build team cannot change, after award, without the written approval of the Department. A professional firm shall not be considered for CEI services, either as a prime or a sub, for a Design-Build contract for which the same firm or its affiliate is the EOR or is sub to the EOR. A consultant firm, its affiliate, or sub consultant that is under contract with the Local Agency to develop the RFP for a Design-Build contract cannot be part of a Design-Build Team proposing on that contract as a prime or a sub consultant. A consultant firm, its affiliate, or sub consultant that is under contract with the Local Agency to provide CEI services on the Design-Build contract cannot be part of a Design-Build Team proposing on that contract as a prime or sub consultant. A consultant or its affiliate, who was the prime EOR on a Design-Bid-Build project, where the project is switched to Design-Build, may participate on a Design-Build contract with the approval of the Department. The Department shall consider level of design (% completed) by the EOR, the number of component design plans by different EOR’s, etc.